Deshaun Watson

Deshaun Watson Ruling May Still Be Weeks Away

Post-hearing briefs from both sides in the Deshaun Watson case are due Tuesday, according to Mike Florio of Pro Football Talk. Following the submissions of these summaries, disciplinary officer Sue Robinson will come to a decision on the Browns quarterback’s punishment in connection with his alleged sexual assault and/or sexual misconduct.

Robinson’s ruling is not expected to emerge this week. The retired judge plans to deliberate for at least a week, according to Yahoo.com’s Charles Robinson (on Twitter), and Josina Anderson of USA Today notes this process may still be “a few weeks” away (Twitter link) from an initial ruling. A detailed report will accompany Robinson’s ruling, according to Jeremy Fowler of ESPN.com, who also offers the weeks-long timetable before the initial suspension length surfaces (video link).

The length of Watson’s ban has long been expected before Browns training camp, which begins July 27, but the longer Sue Robinson’s ruling takes, the longer it will be before the Browns know how to proceed at quarterback.

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. With Baker Mayfield now officially out of the picture, Jacoby Brissett is positioned to be Cleveland’s starter if/once Watson is banned.

The Browns have taken an avalanche of criticism for acquiring Watson and giving him $230MM fully guaranteed — a figure that induced the former Texans standout to pass on NFC South destinations and head to Cleveland. The Browns expected the Pro Bowl passer to be suspended; they just did not anticipate a full-season ban being on the table. The team will need to determine how to prepare Brissett for the season, with Watson currently eligible to participate in training camp and preseason games.

A full-season Watson suspension — the NFL’s preference, which is certainly relevant considering Roger Goodell could ensure it via a league appeal — could induce the Browns to go after another QB to play in front of Brissett. A Jimmy Garoppolo trade has been floated, but nothing much has emerged regarding such a deal. Barring an injury, however, the 49ers do not appear to have many options regarding their four-plus-year starter. The Browns, who lead the NFL in cap space by a wide margin, could become one. But until they receive certainty on Watson’s timeline, it is unlikely they will pursue a non-Brissett replacement option.

Latest On NFL’s Case Against Deshaun Watson

The ongoing Deshaun Watson situation recently reached an important milestone, with the hearing during which the NFL and NFLPA presented their arguments for and against suspension taking place. A report from Pro Football Talk’s Mike Florio sheds light on some of the allegations Watson faced, and their absence from the NFL’s case made against the Browns QB. 

[RELATED: No Settlement Talks On Watson Suspension Length]

“It was recently reported that none of the five cases presented by the NFL involved violence, coercion or force,” plaintiff’s attorney Tony Buzbee detailed in a letter. That was to be expected, however, since, as he further writes, the two women who made that particular accusation have settled their cases with Watson, as have 18 others. More to the point, neither member of the pair spoke with the NFL during its independent investigation into Watson.

“The majority of the civil cases we filed instead alleged indecent exposure and assault; that is, touching without consent,” the letter clarifies. The scale of Watson’s actions during his time with the Texans have been well-documented this offseason, to the point where the first suit related to his alleged sexual misconduct has been filed against the franchise. Buzbee’s communication confirms that his legal team is “preparing to file” further litigation against the Texans, as expected.

With respect to the details of the NFL’s argument made during the three-day hearing, Buzbee writes that his team is not currently “privy to what was presented… but we expect we will know soon enough.” While the specifics of the league’s case will be critical to Watson’s on-the-field future, the report recalls the important fact that it is separate from the remaining civil litigation Watson faces. The court cases determining the outcome of the outstanding civil suits are scheduled to take place after the season.

While it will be a matter of months before Watson learns his fate on that front, the ruling on his behavior relative to the league’s Personal Conduct Policy should be handed down much sooner, marking another chapter in the top NFL story of the offseason.

NFL, NFLPA Not Circling Back To Deshaun Watson Settlement

JULY 8: Indicating how far apart the NFL and NFLPA were at the Robinson-overseen hearing, Mark Maske of the Washington Post notes the league is pushing for an indefinite suspension that shelves Watson for at least a full season (Twitter link). Watson would need to apply for reinstatement to return. Conversely, the union pushed for no suspension at all during the hearing. Settlement talks are not completely dead, per Maske (on Twitter), but the odds of one appear slim at best.

JULY 7: Post-hearing briefs from the NFL and NFLPA are due in the Deshaun Watson case by next week, delaying the initial ruling a bit. During the hearing, the sides attempted to revisit the settlement talks that stalled in the weeks leading up to it. A settlement would shorten this endless process, eliminating an appeal. But it does not appear that will be how this ends.

After the league and the union discussed a settlement during the three-day hearing, ESPN’s Dan Graziano reports the parties left Delaware at odds on this subject. The NFL still wants a full-season suspension, but Graziano noted the league was willing to discuss a slightly lesser punishment — 12 games was mentioned but not confirmed as an NFL offer here — with the caveat of the suspension being indefinite.

Although the NFL seemingly opened the door to a scenario involving an indefinite ban that could allow Watson to play at some point in 2022, the Browns quarterback wanted no part of the indefinite condition. No settlement talks have occurred since the hearing, Mike Florio of Pro Football Talk adds, noting that a source mentioned that, based on evidence and arguments in Delaware, an offer of an indefinite suspension with the possibility of Watson returning after 12 games would be unrealistic.

Watson’s camp is still pushing for the QB not being suspended at all for his alleged widespread sexual misconduct and sexual assault, Florio notes, with Graziano adding this process is “far past” the point of settlement. That means disciplinary officer Sue Robinson will make her ruling, expected before training camp, with the prospect of an appeal in play.

In the unlikely event Robinson rules Watson did not violate the NFL’s personal conduct policy, the league cannot appeal. Watson would then be eligible for Week 1. If Robinson suspends Watson for part of this season, it will test the NFL’s resolve. If the league seeks a full-season ban, Roger Goodell could ensure it on appeal. Though, that would mean overturning the verdict of a jointly approved arbitrator in the first go-round of this newly implemented policy. That would certainly not go over well with the NFLPA, which griped for years about the commissioner’s disciplinary overreach. Then again, the league being perceived as lenient with Watson could bring significant backlash. Robinson calling for a medium-length suspension would put the NFL to an interesting decision.

Latest On Remaining Deshaun Watson Accusers

20 of the 24 civil lawsuits filed against Deshaun Watson were officially dismissed last week, after confidential settlements were reached. Further details have emerged regarding the remaining four women with outstanding allegations against the Browns quarterback. 

[RELATED: Browns Didn’t Foresee Possible Year-Long Watson Suspension]

USA Today’s Brent Schrotenboer details each of those claims, which include those made by two of the women who have publicly identified themselves. Lauren Baxley’s suit alleges that Watson exposed himself to her during a massage session in June 2020, making it similar to that of Ashley Solis. Their allegations and identities first went public last April, and they “were considered the two plaintiffs closest to going to trial,” Schrotenboer notes. The two other remaining suits filed by unidentified women include the one who is now suing the Texans for their role in allowing Watson’s behavior to take place.

Schrotenboer writes that if Watson is suspended for violating the league’s Personal Conduct Policy, that could change the schedule on which the pending civil trials take place. There is currently an agreement in place requiring all parties involved to wait until after the NFL season ends for litigation to begin; however, a Watson ban preventing him from seeing the field in the fall could lead the parties to “change that agreement and go to trial” much sooner.

A report from FOX8 states that the legal team representing the four plaintiffs is attempting to obtain a significant number of items related to the case. Included among those are “all reports, investigation files, records, recorded interviews, written interviews, witness statements and communications” detailing the NFL’s investigation into Watson, which was independent of the ongoing legal proceedings he is facing. The attorneys, led by Tony Buzbee, have also filed to obtain surveillance footage from the Houstonian Hotel, the location of many of Watson’s encounters from which his sexual assault/sexual misconduct allegations stem.

Another noteworthy request made by the motion is for the transcript of Watson’s hearing where arguments made by the NFL and NFLPA were weighed by Sue Robinson on the matter of a potential suspension and its length. The three-day process concluded last week, and her decision (followed by, in all likelihood, an appeal) will be the next step in this process. Regardless of that outcome, Watson will still face a serious legal challenge, pending further settlements.

5 Key Stories: 6/26/22 – 7/3/22

Even in the quietest part of the offseason, there were still some significant developments around the NFL. Here’s a quick rundown of the week’s top headlines:

  • Watson Hearing Concludes: The top offseason storyline in the league reached another critical stage, as the hearing presided over by Sue Robinson concluded after three days. Her decision on whether Browns QB Deshaun Watson will be suspended – and if so, for how long – will be the next step in this process, and could be delayed by a matter of weeks. Any appeals process (which would be administered by commissioner Roger Goodell or his appointee) would then follow, and have drastic consequences on Watson, the Browns and, given the precedent it could set, any players who find themselves in a similar situation in the future.
  • McLaurin Signs Extension With Commanders: The offseason was building towards Terry McLaurin signing a lucrative extension in Washington, and he did just that by inking a three-year deal. The pact carries an average annual value of $23.3MM, and includes a signing bonus of $28MM. With the new contract in hand, McLaurin will see significant guaranteed money, while still being eligible for another significant deal at the age of 30.
  • Mayfield Dispels Talk Of Browns Reconciliation: With a Watson suspension looming, many have pointed to Baker Mayfield as the Browns’ best QB option in 2022. He remains on the roster, as trade talks have sputtered throughout the offseason, but the fences between himself and the team still aren’t likely to be mended. “I think it’s pretty obvious the mutual decision on both sides is to move on,” he said, when asked about the possibility of rescinding his trade request to play out the final year of his contract in Cleveland. Finding a trade partner could still remain challenging for the team, though.
  • 49ers Nearing Samuel Extension?: With McLaurin (and fellow 2019 draftee A.J. Brown) having signed big-money extensions, attention will turn even more so to the 49ers and Deebo Samuel. It was reported that, as trade talk cools around the highly-productive ‘wide-back,’ the team is “expected to continue working toward” a new deal with Samuel. In that event, he could find himself under contract by training camp later this month, presumably joining the $20MM-per-year WR club as many others have already done this offseason along the way.
  • Texans Facing First Watson Suit: The civil litigation filed against Watson has been well-documented, and, even after 20 of those suits were settled, will remain a significant storyline into, quite possibly, next offseason. Another development related his case, though, was the news that the first lawsuit related to his conduct while with the Texans was filed against the franchise itself. A statement from plaintiff’s attorney Tony Buzbee suggested that many others could follow, claiming that “the overwhelming evidence collected indicating that the Houston Texans enabled Watson’s behavior is incredibly damning.”

Browns Didn’t Foresee Potential Year-Long Deshaun Watson Suspension

The Browns, like everyone else in the football world, continue to await the outcome of the Deshaun Watson hearing, which recently concluded. They are widely expected to be without their Pro Bowl acquisition for a significant stretch of the 2022 season, something the team prepared for with the way his contract is arranged. 

However, it appears they didn’t foresee a year-long suspension – which the NFL has quite publicly been seeking – as a potential outcome. Mary Kay Cabot of cleveland.com writes that Cleveland signed Jacoby Brissett working under the assumption that Watson would be suspended for “the first quarter of the season or so.”

Relying on the 29-year-old over the course of an entire campaign, she continues, was a scenario the team “didn’t envision” when they signed him one day after trading for Watson. Brissett has started 37 of his 60 career games, including two different years in Indianapolis as the No. 1 and a handful of contests last season in Miami. His numbers haven’t stood out at any juncture, but he could be reasonably expected to keep the team’s offense afloat for the short- to intermediate-term should Watson receive a suspension which still allows him to see the field in 2022.

If Brissett does end up as the full-time starter for this season, though, he will be insulated by a deep roster around him. The Browns boast arguably the league’s top running back tandem, a receiving corps now led by Amari Cooper, and a strong defense. Still, his track record would lead to understandable questions about the team’s ability to make the postseason in a highly-talented AFC – something Cleveland’s front office didn’t have in mind when making the ‘win-now’ move of trading for Watson.

With the Baker Mayfield situation still unresolved, and plenty of cap space to add another signal-caller such as Jimmy Garoppolo, the Browns do, of course, have alternatives to Brissett for 17 games. Turning to him for that long would, apparently though, be a reaction to unforeseen circumstances on the team’s part.

Deshaun Watson Hearing Wraps After Day 3; Decision To Be Delayed

The Deshaun Watson hearing lasted three days, but the cases made by the NFL, NFLPA and Watson’s camp have concluded. While an appeal may follow, the next step will be for disciplinary officer Sue Robinson to render a decision.

That decision was rumored to be possible by Friday, which would be prime news-dump territory ahead of a holiday weekend, but it does not look like it will emerge for several more days. If Robinson moves to have the NFL and NFLPA file briefs, Mark Maske of the Washington Post notes a punishment would not surface for at least another week. Robinson has since called for post-hearing briefs, according to ESPN.com’s Dan Graziano, who adds the briefs are not due until the week of July 11 (Twitter links).

Although the NFL indeed focused on five Watson accusers’ cases, Mike Florio of Pro Football Talk tweets the league has interviewed 12 of the women who have accused the Browns quarterback of sexual misconduct and/or sexual assault. The league conceded it is seeking an unprecedented punishment, Florio adds. The NFL has long been linked to aiming for a season-long ban or an indefinite suspension that includes a baseline of Watson missing the 2022 season.

Watson’s side was expected to attempt to compare potential punishment for the Pro Bowl passer to the penalties (or lack thereof) given to Robert Kraft, among other owners. NFL reps said at the hearing the Patriots owner was investigated by an NFL security director, and no punishment was recommended for his involvement in a solicitation scandal. Kraft pleaded not guilty to two misdemeanor counts of soliciting prostitution in connection with the January 2018 incident. His case was later dismissed.

While the number of women to accuse Watson and the nature of the alleged crimes differ wildly in this case, Florio notes the NFLPA is pushing for the recently traded QB to not be suspended for any length of time. This was believed to be the union’s plan. If Robinson rules Watson did not violate the league’s personal conduct policy, the NFL cannot appeal. Should Robinson punish Watson and the NFL still appeal for its preferred full-season ban, Roger Goodell or a commissioner-appointed overseer would handle that component of this saga.

NFL Aiming To Avoid Appeal In Deshaun Watson Case?

1:02pm: If Robinson does hand Watson a six- or eight-game suspension, the NFL’s patience might be tested. Refuting the AP’s report, Cabot notes the NFL would not accept such a ban if that was Robinson’s decision. A league appeal would follow. Considering the consistency associated with the NFL’s punishment aim — a year-long suspension or an indefinite ban that covers all of the 2022 season — it is not surprising the league would use an appeal to secure it. This hearing may last into Thursday night, Cabot adds.

9:31am: The Deshaun Watson hearing will continue Wednesday in Delaware, and Mary Kay Cabot of cleveland.com notes it could drag into Thursday. While a decision from disciplinary officer Sue Robinson is expected this week, post-hearing measures could further extend this drawn-out process.

An appeal from either the NFL or NFLPA would move this well into July, but the league is aiming to avoid such a move, according to The Associated Press’ Rob Maaddi (on Twitter). This could mean accepting a Watson punishment lighter than the NFL’s targeted year-long ban.

The league has the back-pocket tool of Roger Goodell (or someone the commissioner chooses) presiding over an appeal, which would enable the NFL to ultimately achieve its desired punishment goal. But the league would prefer to abide by Robinson’s decision, even if it means Watson is banned for only six or eight games, Maaddi adds.

Given how long the Watson saga has been a headache for the league and considering the combination of reports and additional accusations to emerge after the quarterback’s 2022 trade to the Browns, a six- or eight-game suspension might not be viewed as sufficient. But a ban that allows Watson to play in the season’s second half appears on the table, though it is not known if Robinson will be on board with a compromise that appeases the NFLPA.

The NFL leaking its desire to not appeal could be perceived as a tactic to prompt Robinson to impose some form discipline, rather than deeming Watson did not violate the personal conduct policy at all (which would negate an NFL appeal effort), Mike Florio of Pro Football Talk offers, noting the league could then appeal. Members of the league office have voiced opinions Watson should not be allowed to play until at least 2023, Florio adds.

That said, if Robinson agrees with the NFL that Watson should not be permitted to play in 2022, Cabot adds the NFLPA will appeal. The NFL, which interviewed 11 of Watson’s accusers and spoke with women who did not file suit against him, views Watson’s behavior during massage sessions as a “disturbing pattern,” Cabot notes. A New York Times report earlier this month indicated Watson received massages from at least 66 women from fall 2019 to spring 2021. Nearly 30 have accused him of sexual misconduct and/or sexual assault, with the Texans now being hit with suits. Although two grand juries did not indict the Pro Bowl QB, the NFL’s personal conduct policy does not require charges for suspensions to commence.

NFL, NFLPA Far Apart On Deshaun Watson Suspension Length

Sue Robinson, the jointly appointed disciplinary officer in the Deshaun Watson case, began hearing from the NFL, NFLPA and Watson’s camp Tuesday. The league and the union entered the hearing at extreme ends of the punishment spectrum.

The NFL’s stance of a year-long suspension — or an indefinite ban that could extend beyond 2022 — has been circulated for several days now. The NFLPA is attempting to argue Watson should not be suspended, per USA Today’s Josina Anderson and the Washington Post’s Mark Maske (Twitter links). If Robinson rules Watson’s actions did not violate the NFL’s personal conduct policy, leading to no missed games, the NFL cannot appeal, Maske adds. That scenario has long been seen as extremely unlikely.

This gap led to settlement talks breaking off. Those discussions producing an agreement would have removed the appeal component from these proceedings. Absent a negotiated punishment, the sides are making their arguments to Robinson. The hearing has wrapped for the day, Ian Rapoport of NFL.com tweets. It is expected to continue Wednesday, Jonathan Jones of CBS Sports notes (on Twitter), and Robinson’s decision is expected this week. With a prime news-dump window Friday, ahead of a holiday weekend, it would not surprise if the initial Watson ruling came down then.

Although 24 women filed civil lawsuits against Watson over the past 15 months, alleging sexual misconduct and/or sexual assault, a Monday report indicated the NFL was planning to center its case on five of those accusers’ accounts. Two of the accusers were among the 10 women to make criminal complaints against Watson, Anderson adds (via Twitter). Neither the Harris Country nor Brazoria County (Texas) grand juries brought charges against the recently traded quarterback. Watson has denied all wrongdoing, but that has not stopped an avalanche of turmoil from engulfing him, the Browns and the Texans over the past three months. This probably being the NFL’s top offseason storyline has certainly not been a good look for the league.

Once Robinson issues a ruling, an appeal — from the NFL or NFLPA — can commence. The 2020 CBA changed league disciplinary measures, but the NFL handling the Watson appeal still allows for one side to wield a fair amount of power here. Roger Goodell can oversee the appeal or pass it along to someone else within the league’s power structure, USA Today’s Mike Jones notes (video link). While the NFL could opt to ensure Watson is shelved for the entire 2022 season via appeal, the league may not want to undercut Robinson’s decision — a historic case and the first to be heard by a neutral arbitrator.

Robinson meeting the parties halfway, via an eight- or 10-game ban or an indefinite suspension that leaves the door open for Watson to return this season, may have been more likely before the additional lawsuits and the expansive New York Times report detailing this saga surfaced in recent weeks. May’s Real Sports with Bryant Gumbel segment and the ensuing NYT story also led to the Texans being included in existing civil lawsuits and hit with a separate suit. That latest lawsuit also said “at least 30” women have alleged sexual misconduct against Watson during massage therapy sessions. Twenty of the initial 24 civil accusers settled with Watson, but the suit against the Texans leaves open the possibility more will come forward.

But with this being a restructured setup compared to the league’s major scandals during the 2010s, it cannot be assumed Robinson will lean toward a harsh ban. That said, Watson’s side, which has seen the quarterback’s off-field troubles escalate rather than die down since his trade to the Browns, has been expecting a significant punishment for a bit now. The initial decision should be known within days.

NFL Push For Year-Long Deshaun Watson Ban Ended Settlement Talks

Disciplinary officer Sue Robinson will hear arguments from the NFL, NFLPA and Deshaun Watson‘s camp Tuesday. That will precede an initial decision on the punishment, if any, the veteran quarterback will receive ahead of his first Browns season.

But the NFL or NFLPA can appeal Robinson’s verdict. That appeal would be decided by the league, which is believed to be pushing for a significant suspension. The league and the union entered settlement talks about a Watson punishment earlier this month, but those negotiations broke down. The NFL’s push for a year-long Watson ban is believed to have led to the parties shutting down the settlement talks, Albert Breer of SI.com reports.

The NFL has met with several of the women who have accused Watson of sexual misconduct and/or sexual assault, and the league will focus on five of those cases when it makes its case to Robinson, Breer hears. The five accusers with the most evidence to include in a presentation — from texts to social media messages to payment records, etc. — will be prioritized, Charles Robinson of Yahoo.com notes.

The league has been connected to pushing for an indefinite suspension of Watson — one the Wall Street Journal’s Andrew Beaton notes would be for at least a year. This would help give the NFL an avenue to keep Watson suspended into 2023 based on new civil lawsuits. This would stop the league from having to suspend Watson twice, a prospect that was loosely floated earlier this offseason. The league has also spoken with women who did not sue the quarterback, Breer adds.

A civil suit against the Texans surfaced Monday. It came from one of the four women who has not settled her own suit against the former Houston quarterback. The lawsuit against Watson’s former team reopens the door to additional suits against him.

It is now known that in many of Watson’s multiple massage interactions, more than massage therapy occurred — indeed, with at least thirty different women, the ‘more’ that occurred included unwanted sexual advances and outright sexual assault by Watson,” the suit states, per Pro Football Talk’s Mike Florio. “Each of those thirty-plus women, most of which are complete strangers to one another, experienced strikingly similar conduct from Watson.”

Twenty of the QB’s 24 accusers have settled. More women coming forward with accusations would put the proceedings in a murky place, if Robinson’s decision and/or an appeal lead to Watson not receiving an indefinite suspension.