Deshaun Watson, the Cleveland Browns quarterback accused by more than two dozen women of sexually misconduct during massage treatments, was suspended Monday for six games for multiple violations of the National Football League’s personal conduct policy but was not fined. according to a 16-page report released by the disciplinary officer who handled his case.
As a condition of his reinstatement, Watson was instructed to use only club-approved massage therapists in club-directed sessions for the duration of his career.
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 the safety and welfare of another person and undermining the integrity of the NFL. She described Watson’s behavior as “predatory” and “outrageous” and said he had expressed no remorse, but rejected the NFL’s recommendation that Watson be suspended for at least the entire 2022 season. Robinson reasoned there was no policy basis for the punishment. which is strict about what she considers nonviolent behavior.
The league and the players’ union have three business days to file a written appeal, which will be heard by Commissioner Roger Goodell or his designee. The players’ union said in a statement Sunday night — before Robinson informed both sides of his decision — that it would not appeal and urged the NFL to let the decision stand.
The NFL has been criticized for inconsistently disciplining players for off-field conduct and for acting as judge and jury, and the Watson case was the first major test of a new protocol adopted in March 2020 aimed at addressing those issues.
Still, many inside and outside the sport said Monday that Watson’s punishment was lenient, with one sports law expert calling it “insignificant” and Tony Busby, the lawyer representing many of the accusers, calling it “a 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.
The decision comes after a 15-month investigation into allegations that Watson, then a quarterback for the Houston Texans, engaged in sexually coercive and lewd conduct toward women he hired for massages from the fall of 2019 through March 2021. Watson denied the allegations and grand juries in two Texas counties declined to indict him on a felony charge.
The scope of the allegations against Watson sets this apart from any other personal conduct case the league has handled, at a time when the NFL faces increased scrutiny over its treatment of women. The ruling on Watson’s discipline was also long-awaited, in part because of the significant investment the Browns made in him, trading top draft picks to acquire his services and then giving him a five-year, $230 million fully guaranteed contract, for to become their franchise quarterback.
Deshaun Watson’s Disturbing Behavior
The Cleveland Browns quarterback has been accused by more than two dozen women of sexually assaulting him during massage treatments.
A rising star in the NFL, Watson was the most high-profile player to be investigated for sexual misconduct since Pittsburgh Steelers quarterback Ben Roethlisberger was suspended for six games in 2010 after he was accused of sexually assaulting a 20-year-old college student following an encounter at bar in georgia. His suspension was later reduced to four games. Like Watson, Roethlisberger has not been charged with a crime.
Watson has reached settlements with all but one of the 24 women who filed civil lawsuits against him. Twenty cases were settled in June, and in the run-up to Robinson’s ruling, Watson reached settlements with three more women, including Ashley Solis, the licensed massage therapist who filed the first lawsuit against Watson in March 2021, according to Buzbee.
The league and Watson’s representatives could not negotiate mutually agreed-upon discipline, placing the case in Robinson’s hands. She oversaw a three-day hearing in late June in which the NFL recommended Watson be suspended indefinitely and wait at least a full season to reapply, while the union and Watson’s representatives argued against an extended ban. The personal conduct policy is intended to hold people representing the league to a “higher standard” regardless of how cases are decided elsewhere.
Robinson made it clear in her written decision that her decision was based solely on the information provided to her. She wrote that the NFL, which does not have subpoena rights, investigated only the allegations of the 24 therapists who sued Watson, interviewed 12 of those women and relied on four accounts for its conclusions, as well as documentation and interviews of other people , familiar with these claims.
Robinson wrote that she could not give weight to Watson’s “absolute denial” against what she believed to be credible testimony from the two former sex-crime prosecutors who led the NFL investigation and interviewed the women involved. But she also expressed reluctance to set a new league standard with the discipline she issued for what she called “nonviolent behavior,” which she appeared to define as a lack of physical strength. The NFL says it is seeking an unprecedented suspension because Watson’s conduct is unprecedented.
It was the first personal conduct case in the NFL 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 fair and legitimate, while pleading with the NFL not to ask Goodell or his designee to reverse her decision on appeal. The CBA gives Goodell the final say.
The decision comes after scrutiny of the NFL’s treatment of women included a congressional investigation into the workplace treatment of female employees in the Washington DCs and a warning from attorneys general in six states, including New York, that they would investigate the league unless charges were filed. in workplace harassment of women and minorities.
The NFL has been under the microscope for what was perceived as inconsistency in how it hands out discipline.
In 2014, after Goodell was criticized for his handling of suspensions, particularly in domestic violence cases involving Ray Rice and Adrian Peterson, the NFL created its own investigative division to streamline its approach to cases involving allegations of violence against women. Still, the league has struggled to find a consistent way to adjudicate these cases, as each has its own complexities, especially when no criminal charges have been filed. This led critics, including sometimes NFL owners, to argue that Goodell and the punishments imposed by the league were capricious.
In 2017, Dallas Cowboys running back Ezekiel Elliott was suspended for six games based on assault allegations that date back to his college days, leading to questions about the league’s jurisdiction over the incident. New York Giants kicker Josh Brown was initially suspended for one game based on what turned out to be incomplete evidence of domestic violence. When the league revisited the case, it suspended Brown for an additional six games.
Watson’s case also presented unique challenges: Two grand juries declined to indict, but reports from The New York Times showed that Watson’s use of massage therapists and questionable behavior were far more extensive than previously known. The volume of allegations and revelations has intensified scrutiny of the case and led to more calls for significant punishment.
“Six games is nothing,” said Helen Drew, who teaches sports law at the University at Buffalo. “The volume of complaints alone should warrant at least a season-long suspension.”
Drew added that while the NFL could seek a longer suspension, it would have to appeal the decision to Goodell. That is likely to 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 in his four seasons on the field, Watson requested a trade from the Texans after the 2020 season, when Houston struggled with a 4-12 record. He was traded to the Browns in March after a Texas grand jury declined to indict him on criminal charges for three first-round picks and three supplemental selections in the NFL draft. A grand jury in another county also decided not to indict Watson.
The Browns expected Watson to be sidelined for at least part of the 2022 season and structured his contract accordingly, loading most of his $46 million compensation for that year into a signing bonus. He will lose only a portion of his base salary of about $1 million.
Watson may continue to work out with the Browns during training camp. Pending any appeals, his suspension will begin with the Browns’ first regular-season game on Sept. 11 against the Carolina Panthers, and he will be eligible to return for the Browns’ seventh game, against the Baltimore Ravens, on Oct. 23.
While Watson is eligible to return after the suspension, it will have been about 22 months since he last played in an NFL game.
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