One more time... Conduct detrimental does not have to equate with a crime or even being charged with a crime. It is whatever is deemed so by the Commissioner. Just like a
4 game suspension for the greatest QB of all time, the Boss can slap a 4 game suspension on EE anytime he feels like it. EE can take it to court but, in the end he will have to
serve the suspension if he wants to play in the league. Might not be fair but, that is the CBA and the power bestowed by the 32 owners.
On appeal from a U.S. District court, a Federal Appeals Court can uphold that lower court's ruling that a suspension/imposition of discipline should be vacated (i.e., the suspension is outside the scope of the CBA).
The CBA grants a player the right to appeal a suspension/discipline in an appeal hearing. When Goodell, acting in is capacity as arbitrator, relies on false & unproven conduct for the disciplinary action after the appeal hearing concludes, Goodell undermines fair notice for which the NFLPA bargained, deprives the player of an opportunity to confront the case against him, and it follows, exceeds Goodell's limited authority under the CBA to decide appeals of disciplinary decisions.
The CBA vests Goodell with exceptional discretion to impose discipline for conduct detrimental, but it checks that power by allowing the player to challenge discipline through an appeal.
In deciding the appeal, the arbitrator (Goodell) may decide whether the misconduct charged actually occurred, whether it was actually "detrimental" to the League, and whether the penalty imposed is permissible under the CBA.
But the arbitrator, has no authority to base his decision on
alleged misconduct that is unsubstantiated, & unsupported by evidence. When he does so, the arbitrator goes beyond his limited authority, and the award of the suspension should be vacated.
EE can argue: 1) unfair, unreasonable, & unprecedented standard of proof to EE of both his potential discipline and his alleged misconduct, 2) denial of the opportunity for EE to examine information complied by NFL's domestic violence lead investigator Lisa Friel, and 3) denial of equal access to investigate files, including witness interview notes.
How can EE be disciplined/suspended for detrimental conduct that
never occurred?
So EE can take it to court, and by a legal ruling win in court, and hence he can play in the League and not serve a suspension.