https://cowboyszone.com/threads/criminal-prosecution-by-a-private-entity.389219/page-2#post-7643078
Referring to the article (above link) yesterday about this issue and the weak position the players union is taking, this looks inevitable Zeke will lose. Primarily because this is an arbitration and not a quasi-court thrown together by the league. But since this could be a precedent set wherein a corporation could then try and punish an employee, even though the employee never went to court or was convicted of a crime, the larger issue seems to be the most significant.
Isn't the fact the accused was essentially punished without the ability to face his accusers, be able to depose his accusers, or have the ability to see the information collected by the league (discovery) troublesome? So does this "arbitration" mean Elliott does not have the rights guaranteed in this country as far as being accused of a crime. Can a group, business, or organization form it's own laws and deal out punitive sanctions with no regard to the governing laws of this country?
While their appeal on fairness seems to be addressing this, I have to wonder if the player's association shouldn't press an injunction against the league management and all 32 owners, along with a class action suit wherein the league and it's owners are violating the Constitutional rights of each player by forcing them to adhere to an agreement which is disallowed under our governing documents.
Sounds real lawyerish, but it boils down to this.
Can an entity create rules it applies to people who are part of that entity, which dismiss the rights of the citizens, and apply an ad hoc set of rules which supersede federal governing?
