JUDGE ROBINSON’S RULING A BIG BLOW FOR THE NFL, SIGH OF RELIEF FOR WATSON
Cleveland Browns quarterback Deshaun Watson was handed a 6-game suspension by Judge Sue L. Robinson. The former Delaware Federal Judge issued her ruling on Monday, August 1st.
The ruling came just hours after the NFL Players Association released a statement late Sunday night saying that they won’t appeal the ruling by Robinson and urging the NFL to do the same. All parties involved in the disciplinary hearing were informed of the ruling early Monday morning, thereby bringing a near end to the Deshaun Watson saga. Or so it seemed.
Judge Robinson found that Watson violated the personal conduct policy, introduced by the league in 2007 in an attempt to improve off-field behavior, and determined that he should be suspended for 6 games with no additional fines. The ruling is a massive blow for the league, who according to reports, was keen on Watson receiving an indefinite suspension that would last at least the duration of the 2022 campaign.
The NFL presented only 5 cases of the 24 civil lawsuits against Watson to Robinson and it’s reported that talks between Watson and the NFL in the weeks leading up to the decision failed to materialize with Watson’s team pushing for a six-to-eight game suspension. The NFL was reportedly intent on a 12-game minimum suspension plus a fine in the range of $8 million.
Robinson noted in a 16-page decision that Deshaun Watson’s “pattern of conduct was more egregious” than any before reviewed by the NFL but reiterated that said behavior was “non-violent conduct”. She sustained all three counts alleged by the NFL; conduct that qualifies as sexual assault; conduct that poses a genuine danger to the safety and well-being of another person; and conduct that undermines, or puts at risk, the integrity of the NFL. She, however, noted that the NFL had elevated the importance of non-violent conduct without any substantial evidence by equating non-violent conduct to violent conduct. She also noted that NFL Commissioner Roger Goodell declined to put Watson on administrative leave during the 2021 season under which any games missed would be credited against any suspension later imposed.
While prior cases involving non-violent sexual assault have resulted in discipline far less severe than 6 games, with the most severe penalty being a 3-game suspension “for a player who had been previously warned about his conduct”, Robinson said that Watson’s “lack of remorse” and “his tardy notice to the NFL of the first-filed lawsuit” were aggravating factors in the ruling.
There were mitigating factors for the three-time Pro Bowler, however, including the fact that Watson was “a first-offender”, that he “had an excellent reputation in his community prior to these events”, that he cooperated in the investigation and paid restitution, and that he was not put on administrative leave by the league in 2021.
The NFL responded to the ruling in a statement which read “We thank Judge Sue L. Robinson, the independent disciplinary officer, for her review of the voluminous record and attention during a three-day hearing that resulted in her finding multiple violations of the NFL Personal Conduct Policy by Deshaun Watson. We appreciate Judge Robinson’s diligence and professionalism throughout this process.”
In addition to the six-game suspension, Robinson also gave out two other verdicts regarding Deshaun Watson. For the duration of his career, Watson must now get all his massage therapy via club-directed sessions and from club-approved therapists. He must also have no adverse involvement with law enforcement, and must not commit any additional violations of the personal conduct policy.
The suspension will cost Watson a mere $345,000 in salary this year, meaning that he will still stand to make more than $45 million in 2022 alone. Watson’s suspension would have cost him $11.67 million on base salary on his previous contract with the Texans but is now significantly lower due to the structure of his new contract. Watson was in the Browns building on Monday and participated in training – players suspended less than a year are generally permitted to participate in all activities throughout the pre-season.
In her conclusion, Judge Sue L. Robinson dealt another massive blow to the league saying in part that the NFL was “attempting to impose a dramatic shift in its culture without the benefit of fair notice to – and consistency of consequence for – those in the NFL subject to the policy.”
The ruling essentially echoes what players and fans have been stating for years, in that the NFL is far too inconsistent with its suspensions when it comes to off field misconduct. Previous suspensions including marijuana use, and the infamous Ray Rice case were brought up in recent weeks as examples of the league’s haphazard approach to doling out appropriate punishment.
Not surprisingly, the NFL elected to file an appeal within the three day window following the ruling with Goodell calling Watson’s behaviour “egregious” and “predatory” in subsequent interviews. The league has since announced that the appeal process will be reviewed by former New Jersey Attorney General Peter C. Harvey. The NFL is pushing for a full year suspension and fine that better reflects the severity of Watson’s misconduct.
It’s been widely reported that the manner in which the Browns structured Watson’s contract to avoid him having to lose money from game cheques in year 1 hasn’t sat well with owners and league officials.
Following the appeal, the NFLPA would have two days to respond before Goodell or a designee gives a final ruling. If the appeal is successful and a longer suspension is handed out, the NFL Players Association could look to sue in federal court and would thus create additional litigation.
-Maher Abucheri
Twitter: @pabloikonyero