Deshaun Watson, the Cleveland Browns quarterback accused by more than two dozen women of sexual misconduct during massage treatments, was suspended Monday for six games without pay for multiple violations of the National Football League’s personal conduct policy, according to a 16-page report released by the disciplinary officer who considered his case.
As a condition of his reinstatement, Watson was also ordered to use only club-approved massage therapists, in club-run sessions, during his career. He has not been fined or required to receive counselling.
Sue L. Robinson, the retired federal judge appointed jointly by the NFL and the players’ union to oversee the hearing, found that Watson violated provisions of the policy by having unwanted sexual contact with another person, endangering the safety and well-being of another person. and undermining the integrity of the NFL.
He described Watson’s conduct as “predatory” and “egregious” and said he had expressed no remorse, but rejected the NFL’s recommendation to suspend Watson for at least the entire 2022 season. Robinson reasoned that there was no basis in the policy for such a harsh penalty for what she considered nonviolent conduct.
The league and players’ union have three business days to file a written appeal, which will be handled by Commissioner Roger Goodell or a person of his choice. The players’ union said in a statement Sunday night, before Robinson informed both sides of his decision, that it would not appeal and asked the NFL to vacate the ruling.
The NFL has been criticized for inconsistently disciplining players for off-field behavior and acting as judge and jury, and the Watson case was the first major test of a new collective bargaining protocol, adopted in March of 2020, intended to address these issues.
Still, many people inside and outside the sport said on Monday that Watson’s punishment was lenient, with one sports law expert calling it “despicable” and Tony Buzbee, the lawyer who represented many of the accusers, who described it as a “slap”. “
In a statement, the NFL left open the possibility of appealing the decision, saying it will “make a determination on next steps” while thanking Robinson for his “diligence and professionalism.”
The NFL Players Association was not immediately available for comment. Dee and Jimmy Haslam, the owners of the Browns, said in a statement that they respect Robinson’s decision and “empathize with and understand that there have been many people who have been triggered throughout this process.” They said they will “continue to support” Watson.
Disturbing behavior by Deshaun Watson
The Cleveland Browns quarterback has been accused by more than two dozen women of sexual misconduct during massage treatments.
The ruling comes after a 15-month investigation into allegations that Watson, then a quarterback for the Houston Texans, engaged in sexually coercive and lewd behavior toward women he hired to massage from the fall of 2019 to March of 2021. Watson denied the claims and grand juries in two Texas counties declined to indict him criminally.
The breadth of the allegations against Watson sets it apart from any other personal conduct case the league has considered, at a time when the NFL faces increased scrutiny over its treatment of women. The ruling on Watson’s discipline was also highly anticipated, in part because of the substantial investment the Browns made in him, trading top draft picks to acquire his services and then giving him a five-year contract and $230 million fully guaranteed to become their franchise quarterback. .
The Browns anticipated Watson would be out for at least part of the 2022 season and structured his contract accordingly, loading most of his $46 million in compensation for that year into a signing bonus. He will only lose a portion of his roughly $1 million base salary.
A rising NFL star, Watson, 26, was the most high-profile quarterback under sexual misconduct investigation since the Pittsburgh Steelers’ Ben Roethlisberger was suspended for six games in 2010 after being accused of sexual assault for 20 years. old college student after an encounter in a bar in Georgia. His suspension was later reduced to four games. Like Watson, Roethlisberger was not charged with any crime.
Watson has settled with all but one of the 24 women who filed civil lawsuits against him. Twenty lawsuits were settled in June, and on the eve of Robinson’s sentencing, Watson reached settlements with three more women, including Ashley Solis, the licensed massage therapist who filed the first claim against Watson in March of 2021, according to Buzbee.
The league and Watson’s representatives were unable to negotiate a mutually agreed-upon discipline, putting the case in Robinson’s hands. He oversaw a three-day hearing in late June, during which the NFL recommended Watson be suspended indefinitely and required to wait at least a full season to reapply, while the union and Watson’s representatives argue against a long ban. The personal conduct policy is intended to hold individuals representing the league to a “higher standard,” regardless of how cases are resolved elsewhere.
Robinson made it clear in his written decision that his decision was based solely on the information presented to him. He wrote that the NFL, which has no subpoena power, investigated only the claims of the 24 therapists who sued Watson, interviewed 12 of those women and relied on four accounts for its findings, as well as documentation and interviews of other knowledgeable people. of these claims.
Robinson wrote that she could not give weight to Watson’s “complete denial” against what she considered credible testimony from the two former sex crimes prosecutors who led the NFL investigation and the four counts that she said were “substantially corroborated” by evidence. But he also expressed reluctance to set a new league standard with the discipline he issued for what he called “nonviolent conduct,” which he appeared to define as an absence of physical force. The NFL had argued that it pushed for an unprecedented suspension because Watson’s conduct was unprecedented.
This was the first NFL personal conduct case to be heard by a disciplinary official instead of Goodell, a protocol established in the 2020 collective bargaining agreement. Before Robinson’s decision, the union called the new process impartial and legitimate as he pleaded with the NFL not to ask Goodell or his designee to overturn his decision on appeal. The CBA gives Goodell the final say.
The decision comes as scrutiny of the NFL’s treatment of women has included a congressional investigation into the employment treatment of Washington Commanders employees and a warning from attorneys general in six states, including New York, that they will investigate the league if to be addressed allegations of workplace harassment of women and minorities.
The NFL has been under the microscope for what has been perceived as inconsistency in the way it issues discipline and what appeared to be conflicts of interest in deciding punishments for its star players.
In 2014, after Goodell came under fire for his handling of suspensions, particularly in domestic violence cases involving Ray Rice and Adrian Peterson, the NFL created its own investigative unit to streamline its approach to cases involving allegations of violence against women. However, the league has struggled to find a consistent way to adjudicate these cases because each has its own complexities, especially when no criminal charges are filed. That has led critics, including NFL owners at times, to claim that Goodell and the penalties the league has handed down have been capricious.
In 2017, Dallas Cowboys running back Ezekiel Elliott was suspended for six games over assault allegations dating back to his college days, raising questions about the league’s jurisdiction over the incident. New York Giants kicker Josh Brown was initially suspended for one game based, it turns out, on incomplete evidence of domestic violence. When the league revisited the case, it suspended Brown for an additional six games.
By contrast, Atlanta Falcons wide receiver Calvin Ridley was suspended for at least one season last year for betting on NFL games.
Watson’s case has also presented unique challenges: Two grand juries declined to bring charges, but reports from The New York Times showed that Watson’s use of massage therapists and his questionable behavior was much more extensive than what was known. The volume of allegations and revelations increased scrutiny of the case and led to further calls for a substantial penalty.
“Six games is nothing,” said Helen Drew, who teaches sports law at the University at Buffalo. “The sheer volume of complaints should mandate at least a full season suspension.”
Drew added that while the NFL might want to seek a longer suspension, it would have to appeal the decision to Goodell. That would likely lead to charges that the commissioner is conflicted and could lead to a challenge by the union and Watson’s representatives in federal court.
An elite talent during his four seasons on the field, Watson requested a trade from the Texans after the 2020 season when Houston struggled to a 4-12 record. He was traded to the Browns in March, after a Texas grand jury declined to indict him criminally, for three first-round picks and three additional selections in the NFL draft. A grand jury in a different county later chose not to bring charges against Watson.
Watson may continue to work with the Browns during training camp. Pending any possible appeal, his suspension will begin with the Browns’ regular season opener on Sept. 11 against Carolina…