Deshaun Watson Proceedings

  1. The Collective Bargaining Agreement of the NFLPA
  2. Civil Law when applicable

No, no criminal charges were not able to be pursued in a criminal trial, so it did not go to criminal court due to lack of evidence as determined by a grand jury. That fact is not the same as "not guilty" on a verdict in a criminal trial.

The grand jury simply did not feel there was enough evidence to pursue a case, but such a determination is not a vindication or a declaration of no guilt forever as for example if the matter went to criminal trial and the verdict were not guilty.

Remember otherwise, as one example of many, the matter of Tom Brady's cell phone and his destruction of it in relation to the investigation into the deflated footballs?

This is nothing new in the NFL. If you play in the NFL and are a member of the NFLPA, the league may discipline you regardless of criminal or civil proceedings.

The legal terms of discipline are in the contract much as they could be for any employee under contract in any given other business like for example in the media.

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got it, thanks

I didn’t know offhand what the new procedure was and the rules surrounding what can be challenged.

They leave a lot to be desired if Goodell can hear the appeal. They only fixed half of it. Hopefully he will have the Goodell sense to appoint someone else. I’m also surprised they don’t have three people hearing the appeal. One is not enough.

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Yes ... because designating one of his subordinates will provide an independent and unbiased appeal.
:roll_eyes:

It's called settling out if court 4 women refused and will take it to trial... Either .much more money down the road or a trial... Similar to how Alex Jones gets away whit his shite

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That good old US bought and paid for 'two tiered justice system' works for guys like Watson.

Everyone else who doesn't have endless supplies of money get to face the consequences of their actions. It's a good thing we live in Canada where our money isn't worth anything. :grinning: :+1:

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Of course that also raises suspicion as to impartiality, but still better than him hearing the appeal. As I said, they got the reforms half right. They should apply what is fairly standard in legal circles and each appoint one person to sit on any appeal and have those two appoint a third person. There are tens of millions of dollars at stake here. A swing and a miss in negotiations by the NFLPA.

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Today's update on TSN Sports: The NFL wants to suspend Deshaun Watson for the ENTIRE YEAR!!! :partying_face: :boom:

(Whether they'll be able to actually do that is another issue).

Life time should be the only option

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If not for the threat of lawsuit after lawsuit... they are nuts down there.

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As if this matter could not get worse for Watson, and just when we thought this drama would subside until he plays again, well here we are with MORE DRAMA. It's been the American way of our media since at least 9/11. :roll_eyes:

It's been revealed that he turned down a 12-game ban as offered by the NFL. Now he risks losing the entire season. Here's more on the NFL's appeal of the ruling of the Disciplinary Officer via the new procedure of the 2020 CBA.

2. Why Deshaun Watson could be staring at a year-long suspension after NFL appeals his punishment

The Deshaun Watson case took another turn on Wednesday when the NFL filed an appeal to his six-game suspension. The quarterback's legal team will now have until Friday to respond to the appeal.

If you read this newsletter daily, then you already know that we went over some of the appeal process earlier this week. However, we'll do a quick refresher here while also including some new information.

Here's why the NFL's appeal could lead to a lengthening of Watson's suspension:

  • Roger Goodell now becomes the de facto judge in the case. Although Judge Sue Robinson ordered the six-game suspension, Roger Goodell will now have final say in the case because he's the one who oversees the appeal process. Now that the appeal has been filed, Goodell (or someone he designates) will get to make the final decision on whether Watson's suspension should be lengthened. According to Pro Football Talk, Goodell won't personally be handling the case, but the final decision will come from someone he appoints. The NFL filing an appeal in a case where the NFL is in charge of the appeal process makes it hard to imagine a scenario where the NFL doesn't add a substantial amount of games to Watson's suspension.
  • The NFL wants Watson out for at least a year. The NFL wanted Robinson to suspend Watson for at least one season and although that didn't happen with Watson's initial punishment, the NFL is still going to try to make it happen. CBS Sports NFL Insider Jonathan Jones has reported that the league filed the appeal because it's seeking an indefinite suspension of at least one year.
  • How an appeal works. The league can only use the evidence that was presented in the original hearing. This is important, because even though Watson was facing a civil lawsuit from 24 different women, only four of those cases were taken into consideration by Robinson. The NFL presented a low number of cases at the hearing because the league believed that those four specific cases had the strongest evidence against Watson (The league actually presented five cases, but Robinson only took four of those into consideration).
  • Why the NFL could win the appeal. The problem for Watson is that Robinson essentially agreed with everything the NFL argued during the hearing. In her 16-page ruling, Robinson wrote that Watson's conduct violated three provisions of the NFL's personal conduct policy "by engaging in: (1) sexual assault; (2) conduct that poses a genuine danger to the safety and well-being of another person; and (3) conduct that undermines or puts at risk the integrity of the NFL."
  • Why Robinson only suspended Watson for six games. If Watson was essentially found guilty on all charges, you might be wondering why his suspension was only six games and that's due to precedent. Robinson noted in her ruling that the longest punishment ever given to a person who commits a "non-violent" sexual assault is just three games. Robinson didn't feel there was precedent to suspend Watson for an entire season, so she gave him six games, which she felt was justified since it doubled the number of the previous record for longest suspension.
  • Why the NFL will now have a strong argument to lengthen Watson's suspension. Although Robinson stuck to precedent when handing out her punishment, the NFL can point out that this is an unprecedented case that deserves an unprecedented punishment. The league could also point out that the three-game suspension -- the previous longest for a non-violent sexual assault -- was given to Jameis Winston, who was only facing accusations from one woman. Watson is facing accusations from 24 women. Although the NFL can only use four of those accusations in the appeal -- since they only used four in the original hearing -- that's still four times the accusations that Winston was facing, so a suspension that's four times longer than Winston's could easily be justified.
  • The suspension offer that Watson turned down. Watson wouldn't have to worry about the possibility of being suspended for a year if he would have accepted the NFL's final settlement offer. According to ESPN.com, the NFL put a 12-game suspension on the table (along with an $8 million to $10 million fine) as its final settlement offer, but Watson shot that down.

At this point, it feels like the best-case scenario for Watson is now a 12-game suspension. If Watson's suspension does get extended, there's a very real chance that this case will end up in federal court. If that happens, the odds still won't be in Watson's favor. If someone is punished through a collectively bargained process -- the NFLPA approved giving Goodell final say in an appeal -- then you'll rarely see a court overturn that.

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It’s hard to say what will happen. The article may be right. I for one don’t know the details of Watson’s offences.

But the NFLPA also has a strong argument based on precedent. If the article is correct his offenses were all non violent. I would think Ray Rice clocking his girlfriend in front of the elevator is a worse offense. Deshaun I don’t think is the first person in history to ask for and receive a rub and a tug from a masseuse. I can’t remember what Robert Kraft got for essentially the same offence, but seem to recall he was accused of incidents that numbered in the high teens. Should that not be relevant?

As I said above though, the NFLPA botched the negotiation of this process. The appeal process doesn’t favour a player in any way. Not as big a deal if we are talking about one or two or three games, but 6 to 12 or 17 or indefinite is a huge problem for players. A court also almost never overturns administrative punishments of any kind. The punishment must be egregiously wrong or there must be a total misapprehension of the facts.

I originally posted that I thought the punishment was light and Watson certainly isn’t a guy to get behind in this case, but long term they need to fix the appeal process that heavily favours the league.

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(a) Because they want to and (b) whoever is assigned the privilege of signing the decision pre-prepared by Goodell will want to keep his job or be otherwise beholden to Roger / the NFL.

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Just watched an update on TSN (after the Bomber / ALs Game) and the s*** has officially hit the fan.

The NFL can no longer contain this mess. I really believe that Deshaun Watson's NFL career is OVER and that the NFL itself will face a severe consequence.

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“Roger Goodell has a chance to "do the right thing" now”

I heard a theory on the radio about this that given the evil empire nature of the nfl seems more true than conspiracy….it goes that the nfl and the judge in this case colluded on the suspension, that the six games was a negotiated amount that made some sense judiciously but left room for the nfl ‘to do the right thing’ and come in looking like heroes to double the suspension to twelve…

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That sounds about right.

We all remember how the NFL "did the right thing" when the 'Concussion Problem' was brought to their attention by a kindly doctor (I'm surprised they didn't have him bumped off) who was one of the first specialist in sports related brain trauma. :laughing:

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I’m not much for conspiracy theories in general and can’t see this one holding any water. The collusion of which you speak would be illegal and unethical and the retired Judge would be disbarred and Goodell would lose his job if proven to be true. There is no incentive for either of them to make such a career ending move over Deshaun Watson

I think the real issue is the lack of integrity or at least perceived integrity resulting from Goodell alone appointing one person to hear the appeal. It would be much easier to cheat the system by appointing someone in his pocket. I can’t believe the players agreed to this.

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NFLPA is not the strongest of players' unions.

I don't think Watson will be the keynote speaker.

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You're probably right. Deshaun Watson rubs massage therapists the wrong way...

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