Will the NFL appeal Deshaun Watson’s suspension?
Legal experts do expect the NFL to appeal Browns quarterback Deshaun Watson’s six-game suspension in order to enact a heavier punishment.
Cleveland Browns quarterback Deshaun Watson’s official punishment for the 24 separate counts of sexual assault is a six-game suspension from the NFL. The accounts by the women accusing him were disturbing stories of Watson showing up to massage sessions only to pressure the massage therapists into sexual acts.
Sue Robinson is the judge who declared the final ruling, and in her 16-page explanation of the ruling, she stated that there was influence from the reactions of the public in reaching the decision.
“Although this is the most significant punishment ever imposed on an NFL player for allegations of nonviolent sexual conduct, Mr. Watson’s pattern of conduct is more egregious than any before ever reviewed by the NFL.”
When must the NFL appeal the Watson decision and will they?
The NFL has three days from the time of the ruling to appeal it and try to enact further punishment for Watson. The decision was made on Monday, so they have until Thursday at 9 a.m. to appeal. At the time of this writing, no appeal has been made yet, but it is expected that there will be one.
Watson maintains his innocence and 23 of the 24 civil lawsuits have been settled by his attorney, Tony Buzbee.
“I’ve been honest and I’ve been truthful about my stance and that’s I never forced anyone, I never assaulted anyone,” Watson said. “So, that’s what I’ve been saying from the beginning and I’m going to continue to do that until all the facts come out on the legal side. I have to continue to just go with the process with my legal team and the court of law.”
The NFL’s disciplinary standard is separate from the legal charges. Thus, the six-game suspension is a result of Watson violating the NFL’s personal conduct policy, citing that the NFL found that Watson did in fact engage in sexual assault (as defined by the NFL) during his massage sessions. Because this causes damage to the image of the league, Watson gets punished - not for the acts themselves, but for the backlash to the league.
“I find this evidence sufficient to demonstrate that Mr. Watson’s conduct undermined the integrity of the NFL in the eyes of the therapists. It is apparent that Mr. Watson acted with a reckless disregard for the consequences of his actions by exposing himself (and the NFL) to such a public scrutiny and speculation. Mr. Watson’s predatory conduct case ‘a negative light on the League and its players.’”
Several league sources and legal experts expect that the NFL will appeal the decision and increase the punishment for Watson, as the six-game suspension has been highly scrutinized and seen as too lenient. Public pressure is a strong incentive, and it’s expected that NFL Commissioner Roger Goodell will succumb to it. The league mentioned back in June wanting not only to extend the suspension to a year, but also wanting to add a hefty fine.
Though a short suspension is no match for several acts of sexual misconduct, Robinson argues that the NFL should not suddenly change its tune on matters such as this, without any prior warning. A short suspension for a horrific crime(s) has been pretty standard in the NFL up to now.
“NFL is attempting to impose a more 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. While it may be entirely appropriate to more severely discipline players for nonviolent sexual conduct, I do not believe it is appropriate to do so without notice of the extraordinary change this position portends for the NFL and its players,” said Robinson.
Ultimately, the decision to appeal will be up to Goodell, who will lean on his advisors for support and thoughts on the matter.
“In light of her findings, the league is reviewing Judge Robinson’s imposition of a six-game suspension and will make a determination on next steps,” the league said in a statement.
If the league decides not to appeal, they would surely be heavily and publicly criticized. If they don’t, they would prevent an undermining of the judge and player’s union. In a very similar case, Cowboys running back Ezekiel Elliott, was given a six-game suspension after domestic violence charges were dropped, but he was found to have violated the personal conduct policy. Elliott planned to appeal the ruling, but but an injunction put the punishment on hold. The suspension was reinstated and delayed once more before finally being reinstated again, and Elliott finally gave up on appealing it again.
“When the judge’s decision was overturned in the Elliott case, the court said they did not have the power or jurisdiction to meddle in what amounted to a private dispute in a collective bargaining agreement, a private agreement between two parties,” said attorney Daniel Moskowitz, who has represented several NFL players. “The suspension was upheld and imposed. Both sides agreed to have Robinson be the disciplinary officer. What any appeal is going to attack is Goodell’s unfettered power, but, news flash, they allowed this in the CBA. Robinson clearly ruled down the middle. She was very fair. The issue is not the punishment or the severity of the punishment. It’s simple. Does Roger have the power to make these decisions? It’s a resounding ‘yes.’”