On Monday, Judge Sue L. Robinson found, in terms of the actual allegations against Browns quarterback Deshaun Watson, that he did what the league accused him of doing. Her decision to suspend Watson for only six games came from separate considerations. Specifically, he concluded that Watson had engaged in a “non-violent sexual assault.” And it found, based on previous precedent, that a nonviolent sexual assault did not warrant the kind of punishment the league sought. On page 13 of her ruling, Judge Robinson writes that “prior cases involving nonviolent sexual assault have resulted in discipline far less severe than the NFL is proposing here, with the most severe penalty being a 3-game suspension for a player who has been previously warned for his conduct”. That player is, we’re told, Saints quarterback Jameis Winston. He was suspended three games to start the 2018 season for touching an Uber driver “in an inappropriate and sexual manner without her consent.” Winston’s suspension was the result of a negotiated settlement between the league and the NFL players union. Judge Robinson concluded that the league is trying to dramatically increase the punishment for non-violent sexual assault “without notice of the extraordinary change” in the league’s approach. The league’s position is that the rules haven’t changed, but that the facts have. On page 12, Judge Robinson explained that the league characterized the recommended punishment of a one-year suspension as “unprecedented . . . because his behavior is unprecedented.” Basically, the league’s position is that it hasn’t changed the rules. The league’s position is that it applies existing rules to a set of events it has never seen before. As for Winston’s three-game suspension, he only had one victim. Watson had four. The NFL interviewed 12 of the people Watson allegedly assaulted, but he was sued by 24 different people — and settled with all but one. Although Judge Robinson managed to ignore these basic realities, most people would be hard-pressed to do so. And some will have trouble distinguishing “non-violent” sexual assault from sexual assault. Sexual assault is still sexual assault. If anything, it appears that past clumsy attempts by the league to be lenient with certain players prevented the league from getting the decision it wanted from Judge Robinson regarding Watson. That said, the league secured the factual findings from Judge Robinson necessary to allow the Commissioner or his designee to impose a much higher punishment if the NFL appeals the decision. Again, he concluded that Watson did what he was accused of. At this point, it would be surprising if the league doesn’t appeal Goodell’s decision, and it would be surprising if he doesn’t increase the suspension.
