There's a line in their policy that is specifically pointed at this.
In other words, there doesn't have to be criminal guilt for them to act. I think there will be some serious challenges to some of this, but I am not sure they will be successful.
Look at the Duke LaCrosse players rape story. All kinds of action directly affecting those kids, and now all charges are going to be dropped. They were sanctioned without Due Process. Too many in this discussion think the NFL or Duke owe these players Due Process and that has NEVER been the argument.
Due Process simply means that the legal wheels are allowed to turn first before any other action is taken. I was told this is me misusing the term and principle. Nonsense.
Due Process is the driving concept behind innocent until proven guilty. The problem with that is it is great in theory, but often it falls far short of the truth. In most cases I think this falling short is right. For example, accused murderers are not free until a trial finds them guilty. If found not guilty and they are freed what does that say about their incarceration?
I don't believe most challenges of this policy will be successful, but I do believe there are some lawyers who are licking their chops to do exactly that. Pacman's and Henry's lawyers will choose their language carefully and may take their time responding to this, but make no mistake about it, they will respond. It is in the best interests of their clients to do so. One of the main themes will be that judgment upon their clients has been passed without them being afforded Due Process by the government agencies involved in their trangressions and they will argue that all punishments like this should go forward from the point of this decision to enforce and not to be retroactive.
As I have already said, I am not saying these measures will be successful, or that they are right, but I will tell you this, if I were Pacman Jones it is exactly what I would expect my lawyer to be doing for me. It wouldn't matter how guilty I am or how innocent I am of the charges. I would not want to be sanctioned. I'd cling to any action that might reverse this. That is what good lawyers do as I repeatedly said yesterday.