Deshaun Watson

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.

Latest On Deshaun Watson Suspension

August 1st, 2022 at 10:22pm CST by Sam Robinson

Sue Robinson’s long-awaited ruling came down Monday, but that may well only be part of this saga instead of a conclusion. The NFL and NFLPA have 8am CT Thursday to file appeals, via ESPN.com’s Jake Trotter (on Twitter).

While the NFLPA said it would not appeal Robinson’s ruling, it would be unlikely the union stands down in the event the NFL appeals. Roger Goodell or a commissioner appointee will oversee an appeal, as outlined in the 2020 CBA. The NFLPA has been linked to taking this matter to court, should Goodell bump this ban up to a full season.

From the NFL’s side, an appeal is under consideration. Its statement indicated a review of Robinson’s ruling is ongoing (Twitter link). While the NFL did not make its push for a full-season suspension a secret, the NFLPA is still displeased with Robinson’s decision for a six-game ban, per Josina Anderson of CBS Sports (on Twitter). The union “firmly maintain[s]” Watson should not have been suspended for his alleged sexual assault and/or sexual misconduct against more than 20 women.

In her report, Robinson labeled Watson’s pattern of nonviolent sexual conduct as “more egregious than any before reviewed by the NFL.” Watson had denied all allegations of wrongdoing, but the report indicates “It is difficult to give weight to a complete denial when weighed against the credible testimony of the investigators who interviewed the therapists and other third parties.” Robinson’s ruling also prohibits Watson from seeing a non-team-approved massage therapist for the rest of his career.

Robinson sided with the NFL by stating Watson violated the personal conduct policy on all three counts (sexual assault, conduct that endangers a person’s well-being and safety, and conduct that undermines the NFL’s integrity), ESPN.com’s Jake Trotter tweets. The gray area of this being deemed nonviolent sexual conduct came into play regarding the six-game suspension, but Mike Florio of Pro Football Talk notes Robinson’s findings — including a passage that deems it is more likely than not Watson lied to NFL investigators — could point to Goodell having enough justification to increase the Browns quarterback’s suspension length.

Given the NFL’s push for a full-year ban and its effort to protect against PR backlash, it is not hard to see a scenario in which Goodell follows through with adding games to Watson’s suspension. This would open the door to an NFLPA countermeasure that moves this to court. The CBA and recent precedent would not be on the union’s side in court, but a legal process playing out could delay Watson’s ban. Tom Brady and Ezekiel Elliott were able to play under injunctions; Watson could end up doing the same. Brady and Elliott, however, did end up serving their commissioner-determined suspensions eventually.

Deshaun Watson Settles Three Of Remaining Four Civil Suits

August 1st, 2022 at 11:47am CST by Adam La Rose

Before today’s announcement of the suspension Deshaun Watson will be facing (pending any potential NFL appeal), there was another important development in his legal situation. The number of civil suits he faces continues to drop, and now sits at one.

The embattled Browns QB has reached settlement agreements with three of the four women who had filed outstanding claims against him, per ESPN’s Jake Trotter. At one point, Watson faced 24 suits relating to his alleged sexual misconduct dating back to his time with the Texans, but in June, 20 of those cases were settled.

“After lengthy and intense negotiations, I can confirm that, late last night, our team resolved three of the four remaining civil cases with Deshaun Watson,” plaintiffs attorney Tony Buzbee said in a statement (via Pro Football Talk’s Mike Florio). “We will continue to discuss the remaining case with Watson’s legal team, as appropriate.” As was the case with the original 20 settlements, details of the agreements will remain confidential.

Of note is the fact that Ashley Solis – the first woman to file suit against Watson and go public with her accusations – is among the three women to reach settlement agreements, as reported (on Twitter) by Trotter’s colleague John Barr. The identity of the lone remaining accuser is unknown at this time, leaving it unclear whether or not she is the one who also sued the Texans for their alleged role in enabling Watson’s behavior.

That case, along with 29 potential others, was settled in July. As a result, the Texans are thought to be clear of any wrongdoing in association with Watson’s league (or, potentially, judicial) punishment. If the one outstanding case makes it to civil court without being settled, the trial process will not take place until after the 2022 season, per the terms of an agreement between Watson’s legal team and that of the plaintiffs.

Deshaun Watson Suspended Six Games

August 1st, 2022 at 8:02am CST by Adam La Rose

The outcome of the Deshaun Watson hearing has indeed been finalized. The Browns QB has been suspended for the first six games of the season for violating the league’s Personal Conduct Policy (Twitter link via NFL Network’s Ian Rapoport).

The rendering from retired judge Sue. L. Robinson does not include any fines in addition to the salary Watson will forfeit, reports Rapoport’s colleague Tom Pelissero (Twitter link). In a follow-up, he adds that the ruling requires Watson receive all future massages from club therapists – as opposed to the dozens of private ones he met with during his tenure with the Texans; his alleged sexual misconduct with dozens of those women sparked lengthy criminal and civil proceedings, along with a league investigation and June’s disciplinary hearing.

Robinson’s decision states that Watson’s “pattern of behavior was egregious,” but adds that his actions constituted “nonviolent sexual conduct,” per Pelissero (Twitter link). The particulars of the application of the policy under the new CBA have led to varied estimations on how long Watson would be banned; the Browns were recently reported to be anticipating an eight-game suspension, so today’s news falls much closer in line with that prediction than the NFL’s stated preference of an indefinite one lasting at least one season.

The NFL has three days to appeal this ruling, which would turn the matter to commissioner Roger Goodell or his appointee. Rapoport tweets that it is unclear whether or not the league will do so, but he confirms yesterday’s news that the NFLPA will not contest the terms of Watson’s suspension. That came as something a revelation, given previous reports that he and the union were prepared to sue the league in the event of a lengthier suspension.

After acquiring the 26-year-old from Houston, the Browns signed Watson to an extension which lowered his 2022 base salary to $1MM. As a result, this suspension will cost him $345K, compared to well over $11MM had his previous contract still been in play (Twitter link via Rapoport). The six-game absence will leave him sidelined for four contests against AFC opponents, and one of the team’s six divisional matchups.

Cleveland was thought to be in the market for added depth at the QB position if Watson were to be handed a lengthier suspension. Assuming his ban remains six weeks in length, though, they will in all likelihood hand the reins to Jacoby Brissett to begin the campaign, leaning on Joshua Dobbs or recent signing Josh Rosen in the event of injury.

For the immediate future at least, the league’s top offseason story has reached a vital checkpoint. More could still be coming soon, in the event of an appeal, but the Browns now have more clarity on when their franchise signal-caller will first be available to them.

NFLPA Pledges Not To Appeal Watson Decision, Pleads For NFL To Join

July 31st, 2022 at 8:59pm CST by Ely Allen

Contrary to what many assumed would occur after disciplinary officer Sue L. Robinson delivers her decision, it appears the NFL Players Association will not appeal Robinson’s ruling and it is calling “on the NFL to do the same.” The NFLPA released its joint statement with Browns quarterback Deshaun Watson on Twitter today, leaving no question as to their message.

In the statement, they emphasize their cooperation and participation in the personal conduct policy investigation. They also underline the credentials of the ruling officer, Robinson, and announce their support for the validity and comprehensiveness of the hearing. They end the statement by asserting that they will choose not to question the legitimacy of their process by appealing Robinson’s ruling, and they ask the League to do the same.

This is an interesting decision by the NFLPA that seems to point out a glaring hole in the league’s appeal process. Many initially saw this as a reason to believe that the Players Association had some early indication of a favorable ruling and wanted to make sure the League won’t fight it by pressuring a statement of its own. But, upon further review of the appeal process, it makes perfect sense that the NFLPA wouldn’t want to appeal the ruling.

In the case of an appeal by either side, the decision leaves the hands of Robinson and falls into the lap of NFL commissioner Roger Goodell. Goodell is the assigned party to make the determination over any appeals. This makes the words of the NFLPA’s statement a lot more meaningful when they said:

“Every player, owner, business partner and stakeholder deserves to know that our process is legitimate and will not be tarnished based on the whims of the League office.”

Essentially, the Players Association has every reason in the world to avoid a precedent being set wherein the ruling of the independent hearing officer is easily overruled by the League and its commissioner. It would be most beneficial for the NFLPA to ensure that Goodell has no involvement in the final decision. The only way to do that is to honor the ruling made by Robinson.

Watson and the NFL continued their engagement in settlement talks in the days leading up to this ruling, but apparently the two sides were never able to get close, according to Dan Graziano of ESPN. Watson’s side was willing to accept a ban of six to eight games. The League’s initial punishment was “an indefinite suspension with (the) right to apply for reinstatement after a certain number of games.” At the end of settlement negotiations, the League’s final offer was a 12-game ban with heavy fines, nearing the range of $8MM, with the fines taking the place of the indefinite ban.

Since no settlement was reached, the ruling will hold precedence, unless either side appeals. The only way neither side can appeal is if Robinson rules that Watson did not violate the league’s personal conduct policy. It appears the NFLPA is, at least, under the impression that Robinson won’t reach that conclusion, and they’d rather an appeal doesn’t allow Goodell to side with the League.

It wouldn’t be a surprise if this wrinkle in the league’s disciplinary process becomes a focal point in the next CBA negotiations when the current active agreement expires at the end of the 2030 season. Until then, it appears the Players Association will have to hope they can set a precedent wherein the two parties choose to respect the decision of the independent arbiter, keeping the final say out of the hands of the League’s commissioner.

Latest On Deshaun Watson Decision

July 31st, 2022 at 6:26pm CST by Ely Allen

A little over a month after the Deshaun Watson hearing wrapped, a decision from disciplinary officer Sue L. Robinson is finally expected. Robinson’s ruling is set to be delivered “by roughly 9 a.m. Eastern” tomorrow (Monday) morning, according to Aaron Wilson of Pro Football Network.

It was announced when the hearing concluded after its third day that the decision would likely be delayed as Robinson called for post-hearing briefs, which were set to be due by July 11. When these summaries were finally submitted, Robinson planned to deliberate for at least a week with some from USA Today predicting that a decision may still be weeks away from then.

Predictions for the length of Watson’s ban have been rampant for awhile now, ranging anywhere from as little as six weeks to as long as a full season. The most recent reports have disclosed that Cleveland is “privately bracing for an eight-game suspension.” While it’s nearly certain Watson will be missing some time, it’s still unclear just how much.

The longer the Browns have been clueless to how long they’ll be without their new starting quarterback the longer the Browns have had to wait to address the situation. For now, they feel confident in letting newly signed backup Jacoby Brissett fill in during a short Watson-absence, but they reportedly would plan to sign another quarterback to back up Brissett if Watson receives a lengthy suspension. After months of waiting, the Browns should finally be able to act on a plan moving forward tomorrow.

Following Robinson’s ruling, the appeal process is likely to begin. Unless Robinson rules Watson did not violate the NFL’s personal conduct policy, both sides can appeal. The final result will almost certainly not be known until the Browns begin camp, and it could come well into the team’s preseason workouts.

Browns Anticipating Eight-Game Watson Suspension?

July 20th, 2022 at 3:02pm CST by Adam La Rose

The Deshaun Watson saga is still crawling along, but updates on the Browns related to their embattled QB continue to be provided. Included among them is the expectation the team currently has for the length of Watson’s pending suspension.

Pro Football Talk’s Mike Florio reports that the Browns “privately are bracing for an eight-game suspension” being handed down to Watson. That would constitute the high end of the two- to eight-game range which Florio reported yesterday was the most likely conclusion to the league’s disciplinary process. A ban of any length could, of course, be appealed, meaning that a decision being rendered by former judge Sue Robinson won’t bring immediate closure to the situation.

In the event Watson is sidelined for the first two months of the season, attention will naturally turn to Cleveland’s subsequent QB move(s). The Browns will target a backup to Jacoby Brissett as insurance in the short-term, something made possible in no small part by the league-leading cap space they currently have, a figure which exceeds $48MM. To that point, Florio notes “chatter about the possibility of the Browns adding Cam Newton.” The 33-year-old rejoined the Panthers last season, starting five winless games. Their addition of Mayfield will push him to find a new home, as he did in 2020.

Another stopgap option consistently floated around is Jimmy Garoppolo. It was reported last week that Cleveland making a significant push to trade for the 49ers signal-caller would be considered surprising. On the other hand, PFF’s Doug Kyed reports that the Browns “did their homework” on Garoppolo during the spring (Twitter link). They are the only team currently capable of absorbing the 30-year-old’s $24.2MM salary in 2022, the final year of his contract, in full.

Nothing will be known with more certainty until Robinson’s decision is handed down, and any resulting appeals process plays out. As a team aiming for a Super Bowl run, and facing a conference full of talent-rich opponents, the Browns could ill-afford to stumble, or likely even tread water, in the early portion of the season. How they react to Watson’s discipline will therefore remain a hugely relevant storyline in the build-up to the campaign.

Load More Posts