The Deshaun Watson hearing could be an explosive one for the NFL and the NFLPA. The repercussions will hit Watson and the Cleveland Browns first but the secondary damage could be felt around the league.
Currently, the NFL is dealing with the following legal matters:
- Dan Snyder is being subpoenaed by Congress regarding a toxic workplace
- Brian Flores suing specific teams and the league for discriminatory practices
- Jon Gruden suing the NFL for leaking offensive emails he wrote
- The former Las Vegas team president has hired a lawyer in advance of possibly suing the Raiders for his firing which he claims happened when he brought up hostile work environment concerns
The Watson case, along with Congress being involved with Snyder, is the most public issue getting attention.
Interestingly, it seems the NFLPA will be using a previous issue with New England Patriots owner Robert Kraft as precedent-setting:
The most important wrinkle likely will be whether and to what extent she allows Watson and the NFL Players Association to pursue the idea that discipline of any player must be proportional to discipline imposed on owners who have potentially violated the Personal Conduct Policy.
If she orders the NFL to produce evidence regarding whether to investigate or to discipline Patriots owner Robert Kraft in connection with his solicitation charge (it was dropped), that could put pressure on the league.
As noted on the Ultimate Cleveland Sports Show, the league’s policy states that owners and management be held to higher standards than players:
Noting Kraft’s legal issue is important. While the two situations are different, Kraft was caught on tape during a police sting operation “paying for or receiving sex acts at the Orchids of Asia day spa in Jupiter, Florida, as part of a months-long statewide sting operation targeting prostitution and human trafficking rings.”
The charges were dropped with the help of some deft legal maneuverings.
Kraft faced no discipline from the NFL following the charges being dropped. Reports are that the NFL is going to push for at least a year suspension for Watson. Given the lack of punishment for Kraft, the NFLPA can point to a double standard between the two cases.
The NFLPA will argue that the cases are similar in nature, neither resulting in legal charges and, given the policy’s stance on owners and management being held to a higher standard, should result in no discipline for Watson.
The NFL will argue that the two situations are vastly different and should not be compared.
It will be up to the independent arbitrator, Sue Robinson, to decide if Watson’s case should be compared to Kraft’s.
