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How will the Ezekiel Elliott appeal hearing unfold?
The CBA doesn’t provide much guidance. And by not much, I mean none. Article 46 says nothing at all about the legal standard that applies, the rights of the player to present evidence or confront witnesses, and/or the duty of the NFL to affirmatively prove its case.
The league office tells PFT that the Commissioner’s decision will be reviewed under the “arbitrary and capricious” standard, which means that it would be overturned only if deemed to be (duh) arbitrary and/or capricious. This implies that the question will simply be whether the Commissioner got it sufficiently wrong that it seems random and without rhyme or reason.
It’s unclear what Elliott will be able to do to prove that. Appeals in a court of law typically occur based on a record of evidence that is closed and completed. But the NFL often takes testimony during these hearings, which makes them instantly different from appeals pursued in the justice system.
http://profootballtalk.nbcsports.com/2017/08/18/how-will-the-ezekiel-elliott-appeal-hearing-unfold/
The CBA doesn’t provide much guidance. And by not much, I mean none. Article 46 says nothing at all about the legal standard that applies, the rights of the player to present evidence or confront witnesses, and/or the duty of the NFL to affirmatively prove its case.
The league office tells PFT that the Commissioner’s decision will be reviewed under the “arbitrary and capricious” standard, which means that it would be overturned only if deemed to be (duh) arbitrary and/or capricious. This implies that the question will simply be whether the Commissioner got it sufficiently wrong that it seems random and without rhyme or reason.
It’s unclear what Elliott will be able to do to prove that. Appeals in a court of law typically occur based on a record of evidence that is closed and completed. But the NFL often takes testimony during these hearings, which makes them instantly different from appeals pursued in the justice system.
http://profootballtalk.nbcsports.com/2017/08/18/how-will-the-ezekiel-elliott-appeal-hearing-unfold/