As a condition of his rehabilitation, Watson was also instructed to use only club-approved massage therapists, in club-run sessions, for the duration of his career. He has not been fined or required to undergo counseling. Sue L. Robinson, the retired federal judge appointed jointly by the NFL and the players’ union to oversee the hearing, found that Watson violated the policy by engaging in unwanted sexual contact with another person, endangering safety and welfare of another person and undermines the integrity of the NFL. She described Watson’s behavior as “predatory” and “devastating” and said she had expressed no remorse, but rejected the NFL’s recommendation that Watson be suspended for at least the entire 2022 season. Robinson thought there was no policy basis for a such a severe punishment for what he considered non-violent behavior. The league and players association 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 her decision — that it would not appeal and called on the NFL to let the decision stand. The NFL has been criticized for inconsistently disciplining players for off-field conduct and acting as judge and jury, and the Watson case was the first major test of a new collective bargaining protocol, approved in March 2020, aimed at addressing those issues. However, many people inside and outside the sport said on Monday that Watson’s punishment was lenient, with one sports law expert calling it “petty” and Tony Buzbee, the lawyer who represented many of the accusers, calling it ” slap in the face. “ In a statement, the NFL left open the possibility of appealing the decision, saying it would “decide on next steps” while thanking Robinson for her “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 “sympathize with and understand that there have been many people who have been fired up throughout this process.” They said they would “continue to support” Watson. The decision comes after a 15-month investigation into allegations that Watson, then the quarterback of the Houston Texans, engaged in sexually coercive and lewd conduct toward women he hired for massages from the fall of 2019 to March 2021. Watson denied the allegations and Grand Juries in two Texas counties declined to indict him criminally. The scope of the allegations against Watson set it apart from any other personal conduct case the league has examined, at a time when the NFL is facing increased scrutiny over its treatment of women. The decision to discipline Watson was also widely expected, in part because of the significant investment the Browns made in him, trading top picks to acquire his services and then giving him a five-year, fully guaranteed, $230 million contract for to become their franchise quarterback. . The Browns expected Watson to be suspended for at least part of the 2022 season and structured his contract accordingly, loading most of his $46 million in compensation for this year into signing bonuses. He will lose only a portion of his roughly $1 million base salary. A rising star in the NFL, Watson, 26, was the most high-profile quarterback investigated for sexual harassment since Ben Roethlisberger of the Pittsburgh Steelers was suspended for six games in 2010 after he was accused of sexual assault by a 20-year-old college senior after a meeting in a Georgia bar. His suspension was later reduced to four matches. Like Watson, Roethlisberger was not charged with a 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 ruling, Watson reached a settlement with three more women, including Ashley Solis, the licensed massage therapist who filed the first claim against Watson in March 2021, according to with Buzbee. The league and Watson’s representatives could not negotiate a mutually agreed upon discipline, putting the case in Robinson’s hands. He attended 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 argued against long ban. The personal conduct policy is intended to hold individuals representing the league to a “higher standard,” regardless of how cases are handled elsewhere. Robinson made it clear in her written decision that her decision was based only on the information presented to her. He wrote that the NFL, which has no subpoena power, only investigated the allegations of the 24 therapists who sued Watson, interviewed 12 of those women and relied on four reports for its conclusions, as well as documentation and interviews of other people with knowledge. from these allegations. Robinson wrote that she could not give weight to Watson’s “absolute denial” of what she deemed credible testimony from the two former sex crimes prosecutors who led the NFL investigation and the four accounts 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 behavior,” which he appeared to define as the absence of physical force. The NFL had argued that it pushed for a lengthy suspension because Watson’s behavior was unprecedented. This was the NFL’s first personal conduct case heard by a disciplinary officer instead of Goodell, a protocol established in the 2020 collective bargaining agreement. Before Robinson’s decision, the union called the new process fair and legal, while pleading with the NFL not to ask Goodell or his representative to override her decision in an appeal. The bargaining agreement gives Goodell the final say. The decision comes as scrutiny of the NFL’s treatment of women included a congressional investigation into the treatment of female employees at the Washington Commanders and a warning by attorneys general in six states, including New York, that they would investigate the league out of and if he faces allegations of harassment of women and minorities in the workplace. The NFL has been under the microscope for what has been perceived as inconsistency in the way it hands out discipline and what appeared to be a conflict of interest in deciding penalties for its star players. In 2014, after Goodell was criticized for his handling of suspensions, particularly in the domestic violence cases involving Ray Rice and Adrian Peterson, the NFL created its own investigative unit to systematize its approach to cases involving allegations of violence against of women. However, the league has struggled to find a consistent way to adjudicate these cases because each has its own complexities, particularly when no criminal charges are filed. This led critics, including NFL owners at times, to claim that Goodell and the league’s penalties were capricious. In 2017, Ezekiel Elliott of the Dallas Cowboys was suspended for six games based on allegations of assault dating back to his college days, leading to questions about the league’s jurisdiction over the incident. Giants shortstop Josh Brown was initially suspended for one game based on what turned out to be insufficient evidence of domestic violence. When the league re-examined the case, it suspended Brown for an additional six games. By contrast, Calvin Ridley of the Atlanta Falcons was last year suspended for at least one season for betting on NFL games. Watson’s case also presented unique challenges: Two grand juries declined to bring charges, but the New York Times report showed that Watson’s use of massage therapists and questionable behavior was far more extensive than previously known. . The volume of accusations and revelations increased scrutiny of the case and led to more calls for a substantial sentence. “Six games is insignificant,” said Ellen Drew, who teaches sports law at the University at Buffalo. “The sheer volume of complaints should at least force a full suspension of the season.” Drew added that while the NFL may want to seek a longer suspension, it would have to appeal the decision to Goodell or someone he appoints. That will likely lead to accusations 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 picks in the NFL draft. A grand jury in a different county later chose not to indict him. Watson can continue to work out with the Browns during training camp. Pending any appeals, his suspension will begin with the Browns’ regular season opener on Sept. 11 against the Carolina Panthers and will be eligible to return for the Browns’ seventh game against the Baltimore Ravens on Oct. 23. . Until…
