Deshaun Watson

Deshaun Watson Fallout: Treatment, Haslam, Garoppolo, Brissett

August 19th, 2022 at 10:00am CST by Sam Robinson

Deshaun Watson will not make his Browns debut until December, thanks to the 11-game suspension he received Thursday. While the quarterback expressed some degree of remorse in an interview before the ban came down, his comments Thursday took a different tone.

After Watson continued to insist he did nothing wrong, ESPN.com’s Dianna Russini noted (via Twitter) those close to the recently traded passer indicated his acceptance of a $5MM fine and mandatory counseling “has nothing to do with an admission of guilt” and is not an apology to the dozens of women who accused him of sexual assault and/or sexual misconduct. This stance and Watson’s comments during his Thursday press conference contrast from his official post-suspension statement and surely did not please those on the NFL’s side of this drama.

Watson, 26, cannot return to the Browns’ facility until October and cannot resume practicing until November. These dates, along with the Dec. 4 Texans game, are contingent upon Watson’s counseling. Compliance with a third-party behavioral expert is mandatory for Watson’s reinstatement, per ESPN.com’s Adam Schefter (on Twitter). Additional punishment would come Watson’s way if he fails to meet these standards.

Critically, however, the settlement covers the four cases that Judge Sue L. Robinson ruled upon as well as any “substantially similar” violations that took place before the date of settlement (August 18). So even if more therapists make allegations against Watson, the QB’s status with the NFL would be unaffected, as long as the allegations stem from incidents that occurred prior to August 18 and are similar in nature to those that have already come to light (meaning, for instance, that they don’t include claims of force) (Twitter links via Tom Pelissero of the NFL Network).

Prior to the settlement, Watson had moved closer to the NFL’s 12-game offer and roughly an $8MM fine by being willing to accept an eight-game ban and a fine in the $5MM range. Watson, who signed a $230MM fully guaranteed deal after the blockbuster March trade, was open to paying what it took to return to the field sooner, ESPN.com’s Jeremy Fowler tweets.

Watson would likely have been willing to pay more in fines if it meant the eight-game suspension would be the punishment, Fowler adds. The NFL had sought a full-season penalty for months but likely backed off to prevent this matter from dragging into a lengthy court battle. Despite the backlash that has come out since this revised suspension emerged, a league source viewed Thursday’s punishment as “significant, definitive and final,” per the Washington Post’s Mark Maske (on Twitter).

The Browns have withstood the constant criticism of their decision not only to acquire Watson but to authorize a groundbreaking extension — less than 18 months after Watson signed a lucrative Texans contract. The former No. 12 overall pick ended up playing just 16 games on that $39MM-per-year deal. GM Andrew Berry, whom owner Jimmy Haslam said pitched the idea of the fully guaranteed deal, said the Browns would make the trade again. Citing the second chance the team gave Kareem Hunt after his 2018 assault of a woman was captured on video, via Pelissero (on Twitter), Haslam called this a similar opportunity for Watson.

“I think in this country, and hopefully in the world, people deserve second chances. I really think that,” Haslam said. “… Is he never supposed to play again? Is he never supposed to be a part of society? Does he get no chance to rehabilitate himself? That is what we are going to do.”

Although Watson will not play in Cleveland’s final two preseason games, he took snaps with the Browns’ second-string offense in a Thursday joint practice with the Eagles. His upcoming absence puts Jacoby Brissett in place to take over for the fill-in role he was signed to play. Brissett should be expected to remain the Browns’ starter going into the regular season. The Browns are not believed to be interested in Jimmy Garoppolo, per TheLandOnDemand.com’s Tony Grossi. Kevin Stefanski said he has been “very impressed” with Brissett, via ESPN.com’s Jake Trotter. The Browns have yet to name Brissett their Week 1 starter, however.

NFL, NFLPA Reach Settlement; Browns QB Deshaun Watson Banned 11 Games

August 18th, 2022 at 10:57am CST by Sam Robinson

The NFL and NFLPA moved to decide the Deshaun Watson matter via settlement. After off-and-on talks for months, the league and the union came to an agreement Thursday. Watson will be suspended 11 games and fined $5MM, Aaron Wilson of ProFootballNetwork.com reports (on Twitter).

Counseling will also be mandatory for the Browns quarterback, per the settlement. Watson said last week he had begun counseling. This agreement, a five-game bump from the original suspension announced by disciplinary officer Sue Robinson, will prevent this saga from spilling into court — long rumored to be the NFLPA’s course of action if a full-season ban came down.

Although Watson will not be permitted to play in games until December, he can return to the Browns’ facility Oct. 10, Adam Schefter of ESPN.com tweets. The recently traded quarterback can resume practicing Nov. 14.

Settlement talks did not progress too far ahead of Robinson’s initial suspension, but with appeal appointee Peter Harvey expected to bring stronger punishment, the NFLPA became more amenable to negotiating with the league. Prior to Robinson’s ruling, the league was willing to drop its push for a full-season ban. The NFL was open to a 12-game penalty and a fine of at least $8MM. While this suspension and the fine are not quite what the league wanted initially, the NFL’s desire to see Watson sidelined for much of this season will come to fruition.

While Watson’s absence will obviously hinder the Browns’ hopes at a successful 2022 season, this settlement does open the door to his debut being in Houston. The Browns, who have a bye in Week 9, will travel to face the Texans in Week 13. Watson, 26, was with the Texans for five seasons — the last of which as a non-playing member on the 53-man roster.

It remains to be seen if Cleveland will stick with Jacoby Brissett for the duration of Watson’s suspension, as Jimmy Garoppolo connections have increased in recent days. Andrew Berry would not yet confirm Brissett would start Week 1, with Pro Football Focus’ Doug Kyed noting the third-year GM only expressed confidence in the Watson fill-in (Twitter link).

Unless a Garoppolo trade happens soon, or in the unlikely event Sam Darnold retains his starting Panthers job, Week 1 will feature a Brissett-Baker Mayfield matchup. The Browns will not have Watson for games against the Jets, Falcons, Chargers, Patriots, Dolphins, Bills, Buccaneers and initial games against each of their three AFC North rivals.

One of the 24 women who filed civil lawsuits against Watson alleging sexual assault and/or sexual misconduct during massage therapy sessions has not settled her case. Absent a settlement, that matter will be tabled to 2023. Unless more lawsuits come down, this saga is on the homestretch regarding punishment. Two grand juries did not bring charges against Watson, but Robinson ruled he violated the NFL’s personal conduct policy by committing nonviolent sexual assault. Roger Goodell said last week the league found the Browns QB committed multiple violations of the policy, leading to the appeal.

With the CBA giving Goodell power to appeal and ultimately, via Harvey, follow through with a 17-game ban, the league would have been favored to prevail in a court case. It did so against Tom Brady and Ezekiel Elliott, who served their suspensions — after delays — despite court fights. The Watson drama, due to the volume of accusers and the nature of the alleged misconduct, became one of the highest-profile off-field matters in NFL history. Thus, it is unsurprising to see the league go forward with a settlement that prevents a weeks- or months-long court battle.

In the leadup to this settlement, Watson appeared to show more remorse for the alleged off-field misconduct. A Goodell statement Thursday indicated Watson “committed to doing the hard work on himself that is necessary for his return to the NFL.” The sixth-year QB has never admitted wrongdoing, however, and continued to lean in that direction Thursday, saying (via CBS Sports’ Aditi Kinkhabwala, on Twitter) “I have always stood on my innocence” and that he “never assaulted or disrespected anyone.”

“I’m looking forward to just moving forward with my career and being able to get back on the field as soon as possible,” Watson said. “That’s the plan, to continue to grow as a person, an individual, and keep moving forward.”

Watson, who missed much of his rookie season due to an ACL tear, will end up missing 28 games in connection with these allegations. The Texans held off on trade talks for much of last year, after Watson had requested to be dealt just before his off-field saga began, and the three-time Pro Bowler’s market cooled once the controversy erupted. Houston deactivated its former starter for all 17 games last season. The Dolphins came closest to trading for Watson in 2021; at that point, the QB was only believed to have waived his no-trade clause to go to Miami. But the now-Mike McDaniel-led Dolphins moved forward with Tua Tagovailoa this year, opening the door to one of the most unusual trade sweepstakes in NFL history.

The Browns, Falcons, Saints and Panthers met with the embattled quarterback this year, and while Carolina was in on Watson the longest, Atlanta was believed to be the passer’s preference. That is, until the Browns came down with their historic five-year, $230MM fully guaranteed contract offer. The Texans traded Watson to the Browns for a package headlined by three first-round picks. Watson’s former employer is now in position to see the quarterback whose off-field actions led to the franchise being sued — producing 30 settlements with Watson accusers — come December 4.

Thursday’s settlement will prevent Watson’s contract from tolling. The NFL also increased the monetary penalty for a quarterback attached to a $1MM 2022 salary — a point of contention among the league and its 31 other teams. Watson will lose the $5MM and a $632K of his 2022 base salary. His 2023-26 salaries — which are in line to produce league-record cap numbers ($54.99MM) — will be unaffected.

NFL, NFLPA Remain In Deshaun Watson Settlement Discussions

August 17th, 2022 at 10:28am CST by Sam Robinson

Nearly two weeks have passed since the NFL appealed Deshaun Watson‘s suspension, and with the prospect of a Peter Harvey appeal ruling that comes down much harder on the Browns quarterback, settlement talks appear to be ramping up in earnest. A resolution could come by Wednesday or Thursday, Dan Graziano of ESPN.com tweets.

While settlement talks between the NFL and NFLPA took place before the initial hearing before Sue Robinson in June, no resolution emerged. With Harvey expected to add games to Watson’s ban, Mike Florio of Pro Football Talk notes a settlement is back in play. Talks have persisted over the past few days and could well produce a long-elusive settlement, per ProFootballNetwork.com’s Aaron Wilson and cleveland.com’s Mary Kay Cabot. Although settlement talks are producing optimism, per Wilson, the NFL is negotiating from a position of strength due to the expectation Harvey would side with the league regarding Watson punishment.

An expedited Harvey ruling has been expected, but Roger Goodell‘s appointee has been in the spotlight for two weeks now. Settlement talks are not playing into Harvey’s timetable, Cabot adds (on Twitter). Watson’s camp is, however, hopeful an agreement can come to pass before Harvey rules, Graziano adds.

A settlement would potentially prevent Watson from being sidelined for all of 2022. The recently traded passer is willing to accept an eight-game suspension that accompanies a substantial fine. Long tied to wanting a yearlong ban, the NFL was believed to be willing to move to a 12-game penalty as long as a hefty fine — in the neighborhood of $8MM, though SI.com’s Albert Breer notes the NFL wanted the fine to be around $10MM — and treatment came along with it.

In deeming Watson committed nonviolent sexual assault during massage therapy sessions, Robinson ruled the quarterback violated the league’s personal conduct policy. As such, the NFL would mandate treatment in any settlement offer, Breer adds. After being dinged throughout this process for a lack of remorse, Watson shifted in tone Friday, saying (in an interview with WEWS-TV’s Aditi Kinkhabwala, video link) he wants to continue counseling. A $10MM fine would be in line with what Watson made in 2021, when he collected a $10.54MM base salary while not playing for the Texans.

The effort to hand down a considerable financial punishment is also connected to the Browns’ contract structure — in which Watson’s $230MM extension calls for a veteran-minimum salary in 2022, largely to shield the former No. 12 overall pick from losing much of that money — irking the NFL. Watson’s cap numbers spike to record-setting places come 2023; he will be tied to $54.99MM figures from 2023-26. If Watson does not play in 2022, his contract tolls to 2023 and thus runs through 2027.

A settlement would also prevent this matter from being dragged into court. The league has wanted Watson off the field this season, but it would surely appreciate not seeing this matter spill over into court the way Tom Brady and Ezekiel Elliott‘s 2010s suspensions did. The NFL prevailed in both cases, but both players saw preliminary injunctions lead them to the field while those court cases played out.

If Watson’s suspension “significantly increases,” a Browns trade for Jimmy Garoppolo could reenter the equation. Conflicting reports have emerged on the team’s interest in the 49ers trade chip, and it would be interesting to see how the Browns proceed if a settlement moves Watson’s penalty to the 10- or 12-game range.

Latest On Deshaun Watson Settlement Talks

August 12th, 2022 at 2:26pm CST by Adam La Rose

2:26pm: Rumored as possible to happen Friday, in an effort to keep Watson off the field for the Browns’ preseason opener, Harvey’s appeal ruling may not come until at least next week. As of this afternoon, nothing looks to be brewing on that front, Mary Kay Cabot of cleveland.com tweets. Harvey’s decision almost definitely will not happen Friday, Dan Graziano of ESPN.com adds (on Twitter). Despite being set to miss at least the Browns’ first six games, Watson is expected to start for his new team against the Jaguars tonight.

1:35pm: Although they have sporadically taken place for more than two months and produced no resolution, Watson settlement talks still are not off the table. The league and the union coming to an agreement should not be ruled out, Mike Florio of Pro Football Talk tweets.

11:50am: With the Browns set to begin their preseason tonight, a decision from league designee Peter Harvey could be coming very shortly regarding the NFL’s appeal of the Deshaun Watson suspension. In the hopes of avoiding the league’s desired outcome, the Browns QB is reportedly willing to accept a stricter punishment than the one he was initially given.

Watson would be willing to accept an eight-game suspension and a $5MM fine, per Rob Maaddi and Tom Withers of the Associated Press. As things currently stand, the three-time Pro Bowler will be sidelined for the first six games of the season, and face no financial penalties aside from the $345K in salary he will forfeit as a result.

The attempt to settle at a middle ground between the original ban and the one the league is arguing for through its appeal raises the question of settlement talks. The NFL and NFLPA have discussed a compromise at various points in this process, but an agreement avoiding the possibility of further appeals or legal action has never seemed particularly close. The league’s closest offer to what the union could agree to was a 12-game suspension along with a fine of roughly $8MM.

Per the AP report, “it’s not clear if the sides are in active discussions” to reach a settlement which will end this saga. Earlier this week, it was reported that a significant increase in Watson’s punishment – which could very well manifest itself as Harvey agreeing with the league’s push for an indefinite suspension – was considered likely. The leverage the NFL is therefore likely to now have could significantly hinder any further settlement talks.

In the event of a lengthier ban being handed down, the Browns could turn to Jimmy Garoppolo. Cleveland initially seemed committed to Jacoby Brissett as a short-term solution, but Watson being sidelined for the entire season – or at least a more significant portion of it – as a result of the appeal could lead them to trade for the outgoing 49ers signal-caller.

The NFL has been attempting to have Watson made ineligible for preseason action as well, but with the Browns’ first game now hours away, that seems unlikely. How deep into the fall he is banned for, though, remains very much in question.

Browns To Consider Trading For Jimmy Garoppolo Pending Deshaun Watson Appeal

August 11th, 2022 at 10:03pm CST by Adam La Rose

The sagas surrounding Jimmy Garoppolo and Deshaun Watson have run their courses simultaneously during the 2022 offseason. Events in the near future could cause them to be intertwined to a greater extent than they already have been.

Mary Kay Cabot of cleveland.com reports that the Browns “will consider acquiring” Garoppolo in the event that Watson’s suspension “significantly increases.” The latter was handed a six-game ban for violating the league’s personal conduct policy. That fell roughly in line with what the Browns had been anticipating, leading many to believe that they would turn to backup Jacoby Brissett for the beginning of the season.

As expected, however, the league has appealed the suspension. Just as it did during Watson’s disciplinary hearing, the NFL will once again push for a year-long ban while appealing to designee Peter Harvey. That process is expected to result in a significant increase in the number of games Watson will be made unavailable for. With the Browns built for immediate playoff contention, that would add to their level of urgency in acquiring a more proven signal-caller.

The possibility of Cleveland trading for Garoppolo isn’t new, of course. It was reported last month, however, that the Browns were not considering a move to land the veteran 49er. Garoppolo, 30, has one year remaining on his current contract with a non-guaranteed salary of just over $24MM. That figure has led to recent speculation that San Francisco will hold on to him as long as possible to see if any significant trade market materializes in the coming weeks.

On that point, NBC Sports’ Matt Maiocco confirms that it is “unlikely at this point” that any team would trade for Garoppolo without him negotiating a new contract lowering his 2022 cap hit. The one potential exception to that, though, remains Cleveland; with nearly $49MM in cap space, the team could comfortably absorb Garoppolo’s contract and use him as a placeholder in Watson’s absence.

With the league looking to keep Watson sidelined during the preseason, an announcement on the appeal could be coming very soon. Once it does, attention will once again turn to the Browns’ QB plans, and where Garoppolo could fit into them.

Significant Ban Expected For Browns’ Deshaun Watson On Appeal; NFL Trying To Keep QB Off Field In Preseason

August 10th, 2022 at 3:29pm CST by Sam Robinson

3:29pm: Barring an indefinite suspension that takes Watson off the field immediately, the Browns announced they do plan to start their big-ticket acquisition Friday.

12:50pm: Roger Goodell took a public stance on the Deshaun Watson matter, saying disciplinary officer Sue Robinson’s report indicated the Browns quarterback committed multiple violations of the NFL’s personal conduct policy. Appeals appointee Peter Harvey’s ruling could well come down week, Jeremy Fowler of ESPN.com notes.

With Robinson determining Watson violated the policy, the NFL appealed. The league’s appeal is expected to produce a much longer ban than six games. One league source called it a “slam dunk” Harvey will enforce the league’s preferred one-year ban, Aaron Wilson of ProFootballNetwork.com notes, and others would be surprised if the sixth-year QB’s ban is not significantly lengthened.

“We’ve seen the evidence,” Goodell said, via ESPN.com’s Jeff Legwold. “[Robinson] was very clear about the evidence, should we enforce the evidence. That there was multiple violations here, and they were egregious, and it was predatory behavior.”

The league is trying to move on this appeal ruling before the Browns begin their preseason slate, per Mike Florio of Pro Football Talk, who tweets the NFL has indeed asked for an indefinite suspension that keeps the controversial QB off the field for Cleveland’s preseason as well. The NFLPA said a ruling Friday could indeed shelve Watson for the Browns’ preseason opener against the Jaguars.

Preseason competition is not exactly consequential in this grand scheme, but the league would avoid additional PR backlash by keeping Watson sidelined before his suspension starts. If a suspension does not prevent it, the Browns would like to give Watson some game action Friday, cleveland.com’s Mary Kay Cabot tweets.

Watson, who has not taken the field since Week 17 of the 2020 season, cannot return to action until at least Week 7 of this season. The NFLPA not appealing Robinson’s decision takes Watson off the field for the Browns’ first six games. This matter becoming a courtroom drama — which is the expectation — would only affect Watson’s availability for Week 7 and beyond.

The sides have discussed a settlement off and on for several weeks, but Peter King of NBC Sports adds a resolution between the NFL and NFLPA before Harvey’s ruling is unlikely. A union move to settle would make more sense at this point, with the league having a clear opportunity to see its long-held hope — a 17-game ban — come to fruition via Harvey. Absent a full-season suspension, the NFL has sought a heavy fine — in the $8MM range — that helps account for the wildly unpopular contract the Browns authorized.

The contract structure has not only irked the NFL, but King adds the deal, which dropped Watson’s 2022 base salary to the league minimum to protect him against a suspension, has not sat well with the other 31 teams as well. Multiple owners also expressed to ESPN.com’s Ed Werder that Robinson’s ruling was too light (Twitter link). If Harvey’s suspension sidelines Watson throughout the 2022 season, his contract tolls to 2023. The QB’s deal would, then, run from 2023-27. Watson playing in 2022 keeps him signed through 2026.

NFLPA Responds To NFL’s Deshaun Watson Appeal

August 5th, 2022 at 10:20pm CST by Sam Robinson

The NFLPA had two business days to file a brief responding to the NFL’s Deshaun Watson appeal. The union has, as expected, followed through on filing a reply brief (Twitter link).

This matter now goes to appellate appointee Peter Harvey, whom Roger Goodell designated to hear the league’s appeal. Harvey helped the NFL craft its personal conduct policy, and the fact Goodell has selected him to hear its appeal of Watson’s six-game suspension suggests the league is confident more games will be tacked onto the Browns quarterback’s ban.

That taking place puts the NFLPA in a spot in which a court battle seems likely. Since the union did not appeal Sue Robinson’s six-game ban, Watson will miss this season’s first six games. However, a court fight could have him on the field immediately after. A preliminary injunction, as courts deal with this matter, would put Watson in position to play and — assuming the league’s CBA holds up in court — serve two separate suspensions. Or, the union’s legal effort fails ahead of that Week 7 window and Watson serves a longer suspension that covers most or all of the 2022 season. Tom Brady and Ezekiel Elliott played under injunctions, but each served the Goodell-determined suspensions at later dates.

The NFL is again seeking a full-season suspension, its goal for the past several weeks. Robinson ruling Watson violated the league’s personal conduct policy by committing sexual assault during massage therapy sessions gives Harvey the power to increase his suspension. Absent a full-season suspension, the league wants to substantially increase Watson’s fine. The Browns structuring of Watson’s contract, giving the former Texans Pro Bowler a league-minimum salary to minimize his financial punishment in the event of a suspension, has not sat well with the NFL.

Settlement talks between the NFL and NFLPA have occurred periodically, and more clarity has emerged on what each side was willing to accept. The NFLPA spent weeks arguing Watson should not be suspended at all, but Dan Graziano of ESPN.com reports the union was willing to accept an eight-game ban. The shortest absence the NFL was willing to allow was 12 games. If the 12-game suspension was to be put in place via a settlement, Graziano adds the NFL also wanted Watson fined in the $8MM range.

Watson’s camp was not willing to go along with the NFL’s push for an indefinite suspension, per Mike Garafolo of NFL.com, who describes that component as a lead driver in breaking off the settlement talks (video link). As it stands now, Watson is set to lose less than $500K from his six-game ban. A full-season absence would only cost him his $1MM base salary.

This process, which involved 25 civil lawsuits filed against the recently traded quarterback, will be designed to conclude expeditiously, ESPN.com’s Jeff Darlington relays (on Twitter). No additional hearings are forthcoming, only Harvey’s decision. After that, it could spill over into court. The Browns are set to give their starting job to Jacoby Brissett during Watson’s absence, with Josh Dobbs and Josh Rosen serving as reserve options.

Latest On NFL’s Deshaun Watson Appeal

August 4th, 2022 at 2:59pm CST by Adam La Rose

2:59pm: Peter Harvey, a former New Jersey Attorney General, will hear the league’s Watson appeal. Goodell had the power to hear the appeal himself, but the longtime commissioner has appointed Harvey, who is now a partner at the New York-based Paterson Belknap firm. The NFL’s statement (via NFL.com’s Mike Garafolo, on Twitter) indicates Harvey has “deep expertise in criminal law, including domestic violence and sexual assault.” Harvey also helped implement the NFL’s personal conduct policy, Mary Kay Cabot of cleveland.com notes.

10:23am: It came out yesterday that, as many around the NFL had been hoping and expecting, the league will appeal the six-game suspension handed down to Deshaun Watson. Further details have emerged regarding the specifics of the NFL’s options to proceed and some of their intended outcomes.

One of the central questions is the matter of who will hear the league’s appeal. Commissioner Roger Goodell has the option to oversee the matter personally, or have an appointee do so. Mike Florio of Pro Football Talk reports that Goodell will delegate to “someone not with the league office” (Twitter link). The NFL has faced public pressure to file an appeal, but also had to weigh that against the reality that doing so would appear to undermine the ruling of retired judge Sue L. Robinson, the independent third party authorized under the new CBA to render a decision.

As has been known for some time, the league will be using the appeal as another attempt to sideline the Browns QB for at least one season. Part of the incentive to do so, as noted by CBS Sports’ Jonathan Jones (on Twitter), is the fact that Watson’s deal is set to pay him the league minimum (thus severely lessening the financial penalty of a suspension) and his “lack of remorse.” Watson’s contract isn’t unique amongst other Browns stars in that regard, but it has understandably been considered a “sticking point” from the league’s perspective.

Increasing the six-game suspension to an indefinite one, but not including a fine remains one outcome of a successful appeal, per Yahoo Sports’ Charles Robinson (Twitter link). Alternatively, the league could aim for a ban of less than one season; in that scenario, a fine would come into play. In any event, Robinson adds that a central goal of the NFL is to avoid Watson being eligible in time for the Browns’ Week 12 game against the Texans, which will be played in Houston.

Of course, any action which increases the punishment levied against Watson could lead to the matter being taken to federal court by the NFLPA. The threat of that action could lead to a revival of settlement talks, per Tom Pelissero of NFL Network (video link). He adds, however, that the league would likely view “a substantial number of games” in addition to “a significant fine” as the starting point for any negotiations.

As Pelissero notes, an indefinite ban would render Watson ineligible to participate in the remainder of training camp and the preseason, so any further legal action in his defense would be expedited by a heavier suspension. In any event, there is more to come in this saga.

NFL Appeals Deshaun Watson Suspension

August 3rd, 2022 at 11:00pm CST by Sam Robinson

The NFL is officially appealing the recently announced Deshaun Watson suspension, Tom Pelissero of NFL.com tweets. The league had until 8am CT Thursday to file an appeal.

Disciplinary officer Sue Robinson suspended the Browns quarterback for six games, a number that came in well short of what the NFL hoped. Weeks ago, cleveland.com’s Mary Kay Cabot reported the NFL would not sit by if a six- or eight-game ban came down. This long-rumored action will put the union to the test. The NFLPA said it would not appeal Robinson’s initial decision, but now that the NFL has launched its effort, the ball is in the union’s court.

No compromise is in play here. Long connected to seeking a full-season Watson suspension, the NFL will again push for that upon appeal, Aaron Wilson of ProFootballNetwork.com tweets. The league will push to see Watson suspended indefinitely, per The Ringer’s Lindsay Jones (on Twitter). It has not been a secret the NFL wants Watson off the field in 2022. The league argued for such a ban during the June hearing.

The NFL wants Watson fined as well, per ESPN.com’s Jeff Darlington (on Twitter). No fine was included in Monday’s suspension. The Browns structured Watson’s contract so he would make the league minimum in 2022, thus reducing his fine when a suspension came. As for the Browns, they had no comment on the appeal, Cabot tweets.

The NFLPA has two days to respond to this move. With Roger Goodell or a Goodell appointee overseeing the appeal — the setup the league and the union agreed to when the parties hammered out the current CBA in March 2020 — the union would not seem to have much hope of keeping this suspension at six games. A move to shift this matter to the courts surfaced during Robinson’s deliberation. While Tom Brady and Ezekiel Elliott ended up serving their suspensions despite lengthy legal sagas, it would surprise if the union stood pat if this appeal leads to an increased Watson penalty. The NFLPA likely will take NFL to court, Cabot writes.

This offseason’s defining story doubled as the first usage of the independent arbitrator for a personal conduct policy violation. While the NFL risks further damaging its relationship with the NFLPA by moving to change Robinson’s decision, this is the policy the union approved — albeit by a narrow vote — when the CBA was ratified. Barring the union earning a surprise victory in court, Goodell’s decision will stand. An injunction could open the door to Watson playing to start the season, as Brady and Elliott did while courts addressed their suspensions, but the NFL’s CBA held up in those cases.

This news will certainly affect the Browns’ prospects for a successful 2022 season. The team has faced waves of criticism for authorizing the fully guaranteed $230MM contract — a measure that convinced Watson to choose Cleveland over NFC South suitors — after 22 women had sued the Pro Bowl quarterback alleging sexual assault and/or sexual misconduct during massage therapy sessions. Two more women filed suit after Watson joined the Browns, who were not expecting a full-season suspension when they sent the Texans a trade package of three first-round picks and change. Monday, then, represented a positive development for the team. Wednesday’s news does not.

Although a statement from Browns owner Jimmy Haslam said Watson was remorseful, Adam Schefter of ESPN.com said during a TV appearance Watson remains adamant he did nothing wrong (Twitter link via Pro Football Talk’s Michael David Smith). Watson has maintained this stance throughout the offseason. Two grand juries did not indict the embattled QB, and the NFLPA argued no suspension was necessary. But Robinson’s report indicated Watson-perpetrated sexual assault and misconduct did take place.

In her report, Robinson concluded Watson committed sexual assault and described the 26-year-old’s pattern of nonviolent sexual conduct as “more egregious than any before reviewed by the NFL.” The sexual assault being deemed nonviolent helped induce Robinson to settle on six games, but the language she used when describing her conclusion undoubtedly opened the door for the league to act. Watson is no longer permitted to go through with non-team-approved massages for the rest of his career. The NFL is also seeking the sixth-year veteran to undergo treatment, Mark Maske of the Washington Post tweets.

The Browns have Jacoby Brissett in place to start while Watson is suspended. Jimmy Garoppolo rumors have effectively been shut down, but going from Watson to Brissett would obviously be a crushing blow for a Browns team that would seemingly be positioned to contend with the former running the show. The team, which traded four-year starter Baker Mayfield to the Panthers in early July, has Joshua Dobbs and the recently signed Josh Rosen in place behind Brissett.

Will NFL Appeal Deshaun Watson Ban?

August 3rd, 2022 at 11:34am CST by Sam Robinson

The current CBA gives the NFL the right to appeal disciplinary officer Sue Robinson’s suspension of Browns quarterback Deshaun Watson, who as of now is slated to miss this season’s first six games. The NFLPA announced it would not appeal Robinson’s ban, though that might not be especially telling of the union’s intentions regarding Watson. Roger Goodell or a Goodell appointee could overrule an NFLPA appeal.

With less than 24 hours until the deadline (8am CT Thursday) for the NFL to file an appeal, no such move has been made. While the league could elect to let Robinson’s ruling stand, her determination of Watson’s actions opens the door to Goodell adding games to the ban.

Goodell should be expected to increase Watson’s suspension, sources informed ProFootballNetwork.com’s Aaron Wilson. Such an increase would likely come with a “significant” addition to Watson’s ban. It could also lead to a scenario in which Watson is on the field to start the season.

The NFLPA would have until Monday to file its own countermeasure, but with the CBA giving Goodell the final say, the union’s only realistic hope at outflanking the league would be in court. It tried this in 2015 with Tom Brady‘s Deflategate ban, and that lengthy court saga kept the then-Patriots quarterback on the field throughout that season. Brady’s four-game ban, however, remained in effect; it was merely delayed to 2016. Ezekiel Elliott also played after being handed a six-game suspension in 2017, via an injunction, but the Cowboys running back ultimately served the ban that year.

Cleveland’s schedule stiffens after its first four games come against teams with either uncertain quarterback situations or unproven signal-callers. From Weeks 5-15, the Browns face the Chargers, Patriots, Bills, Buccaneers and have both their Bengals and Ravens matchups in that span. Watson playing early and being suspended during the season would run the risk of the three-time Pro Bowler missing this stretch. Of course, Goodell could use Robinson’s language to drop a season-long suspension — the NFL’s goal during the June hearing. The NFLPA taking the NFL to court in that instance opens the door to Watson’s penalty dragging into 2023, a la Brady’s situation seven years ago.

These potential outcomes would depend on how long the matter stays in court. The NFL standing down here would open it up to more criticism regarding the lighter-than-expected (by many) sentence given to Watson, considering Robinson’s report indicated Watson committed sexual assault. But the league appealing and being taken to court would also keep the lightning-rod Browns QB in the spotlight longer.

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