Under the old Conduct Policy
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Prohibited Conduct
It will be considered conduct detrimental for Covered Persons to engage in (or to aid, abet or conspire to engage in or to incite) violent and/or criminal activity. Examples of such Prohibited Conduct include, without limitation: any crime involving the use or threat of physical violence to a person or persons; the use of a deadly weapon in the commission of a crime; possession or distribution of a weapon in violation of state or federal law; involvement in "hate crimes" or crimes of domestic violence; theft, larceny or other property crimes; sex offenses; racketeering; money laundering; obstruction of justice; resisting arrest; fraud; and violent or threatening conduct. Additionally, Covered Persons shall not by their words or conduct suggest that criminal activity is acceptable or condoned within the NFL.
Persons Charged With Criminal Activity
Any Covered Person arrested for or charged with conduct prohibited by this policy will be required to undergo an immediate, mandatory clinical evaluation and, if directed, appropriate counseling. Such evaluation and counseling must be performed under the direction and supervision of the NFL Vice President of Player and Employee Development. Failure to cooperate with evaluation and counseling (including being arrested for or charged with additional criminal activity during the evaluation and counseling period) shall itself be conduct detrimental to the National Football League and shall be punishable by fine or suspension at the discretion of the Commissioner.
Persons Convicted of Criminal Activity
Any Covered Person convicted of or admitting to a criminal violation (including a plea to a lesser included offense; a plea of nob contendere or no contest; or the acceptance of a diversionary program, deferred adjudication, disposition of supervision, or similar arrangement) will be subject to discipline as determined by the Commissioner. Such discipline may include a fine, suspension without pay and/or banishment from the League. Any Covered Person convicted of or admitting to a second criminal violation will be suspended without pay or banished for a period of time to be determined by the Commissioner.
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Personal Conduct Blurbs provided by PFT
"Illegal or irresponsible conduct," the policy states, "does more than simply tarnish the offender. It puts innocent people at risk, sullies the reputation of others involved in the game, and undermines public respect and support for the NFL."
On the key question of whether discipline may be imposed for conduct that does not result in a criminal conviction, the policy is somewhat vague. Though a broad range of criminal offenses is included, the new policy also lists behavior that is not necessarily criminal.
Regarding criminal offenses, the new policy appears to infringe on the steroids and substance abuse policies by bringing within the purview of the Personal Conduct Policy criminal offenses relating to steroids, prohibited substances, or substances of abuse.
The new policy also expressly contemplates that the league will have the ability to conduct its own investigation regarding allegations of misconduct, which may include interviews and other information gathering, and the policy indicates that, in appropriate cases, the player will have the ability to address the conduct via a lawyer or union representative. This portion of the policy creates, in our view, a loosely defined quasi-judicial component that the league isn't automatically required to use in every case but only on an as-needed basis.
The new policy is aggressive as to repeat offenders. Though, for a first offense, a player will generally not be disciplined until the criminal proceeding is resolved or, in the case of violations not the result of an arrest, the internal investigation is concluded, subsequent violations permit the Commissioner to "impose discipline on an expedited basis for persons who have been assigned a probationary period."
The probationary period is a key component of the new policy, giving the Commissioner the ability to crack down on a player who, for example, is arrested but not convicted following a violation of the policy. This is similar to the concept of a probation violation, which in the criminal justice system can put a guy like Tank Johnson in jail pursuant to a standard far lower than proof beyond a reasonable doubt.