PFT: NFL declines to release Elliott investigative report, transcript of hearing

[Silverstar]

Well the conduct policy states that you don't have to be convicted. However, in Elliotts case it didn't even go to court. This whole thing is moot because the policy states he has to be charged and brought to a trail. Zeke's case was thrown out and never went to trail. Thus the conduct policy doesn't apply to Zeke and should be thrown out.

I believe he will serve 0 game suspension from all of this.

Here is one of the sentences from the conduct policy:

Players convicted of a crime or subject to a disposition of a criminal proceeding (as defined in this Policy) are subject to discipline. But even if the conduct does not result in a criminal conviction, players found to have engaged in any of the following conduct will be subject to discipline. Prohibited conduct includes but is not limited to the following:

• Actual or threatened physical violence against another person, including dating violence, domestic violence, child abuse, and other forms of family violence;
• Assault and/or battery, including sexual assault or other sex offenses;
• Violent or threatening behavior toward another employee or a third party in any workplace setting; Stalking, harassment, or similar forms of intimidation;
• Illegal possession of a gun or other weapon (such as explosives, toxic substances, and the like), or possession of a gun or other weapon in any workplace setting;
• Illegal possession, use, or distribution of alcohol or drugs;
• Possession, use, or distribution of steroids or other performance enhancing substances;
• Crimes involving cruelty to animals as defined by state or federal law;
• Crimes of dishonesty such as blackmail, extortion, fraud, money laundering, or racketeering;
• Theft-related crimes such as burglary, robbery, or larceny;
• Disorderly conduct;
• Crimes against law enforcement, such as obstruction, resisting arrest, or harming a police officer or other law enforcement officer;
• Conduct that poses a genuine danger to the safety and well-being of another person; and  Conduct that undermines or puts at risk the integrity of the NFL, NFL clubs, or NFL personnel.

Zeke's suspension could possibly get reduced, but don't be surprised if it doesn't. Unfortunately, what Zeke did to that woman in the parade was intentional and undeniable.

We've all seen the video, so there's definitely proof of that folks. Just on that incident alone, arguments could be made for any of the things I have in bold above.

Throw in the "pattern of behavior" argument and then using his youth basically against him, and Zeke begins to look more guilty than innocent. I'm no lawyer, but you can see what a good lawyer can do with that video as a base to build on etc.

 

[ConstantReboot]

Zeke's suspension could possibly get reduced, but don't be surprised if it doesn't. Unfortunately, what Zeke did to that woman in the parade was intentional and undeniable.

We've all seen the video, so there's definitely proof of that folks. Just on that incident alone, arguments could be made for any of the things I have in bold above.

Throw in the "pattern of behavior" argument and then using his youth basically against him, and Zeke begins to look more guilty than innocent. I'm no lawyer, but you can see what a good lawyer can do with that video as a base to build on etc.

LOL what Zeke did at the parade was acceptable because that was his girlfriend and it was consensual. The women wanted it and there was no charges filed. Yes the action was bad taste. But Zeke did nothing wrong.

 

[ConstantReboot]

I don't think Elliott is accepting it. He will appeal. Can he win in court?

I don't think he should accept any type of suspension. I think he should take this to court all the way. He has a much better chance of convincing a judge then the idiots that run the league.

 

[tyke1doe]

Players convicted of a crime or subject to a disposition of a criminal proceeding (as defined in this Policy) are subject to discipline. But even if the conduct does not result in a criminal conviction, players found to have engaged in any of the following conduct will be subject to discipline. Prohibited conduct includes but is not limited to the following:


The policy is based on those that actually are accused of DV and presently on trail. Zeke never went to trail or was never arrested or went to court regarding DV.

Because there was no conviction or any type of prosecution to try and convict Zeke, I don't think this suspension won't hold water if Zeke and the Cowboys wish to fight it tooth or nail.

I'm sorry, but I'm not reading that. It seems to be saying even without a conviction, the NFL can suspend based on certain conducts.

 

[Alexander]

Zeke's suspension could possibly get reduced, but don't be surprised if it doesn't. Unfortunately, what Zeke did to that woman in the parade was intentional and undeniable.

It really was rendered pointless since the NFL made the tactical error of saying that incident had no bearing on the suspension.

Now that might be their life jacket eventually to a shortened suspension.

Kind of like giving someone pleading down to misdemeanor when it could be considered a felony.

 

[Stash]

After going back and reading the league's statement again, this paragraph stuck out:
Under the terms of the NFL's personal conduct policy, players found by the league to have committed domestic violence are subject to "a baseline suspension without pay of six games" regardless of whether "the conduct does not result in a criminal conviction."
I was under the impression that the Personal Conduct policy and the DV policy were separate. Looking at the quote above, it seems that DV is a sort of "subsection" of the "Personal Conduct" policy, which would explain why both were referenced.

Correct me if I'm wrong, but wasn't that amended after the CBA was agreed to?

 

[LandryFan]

Correct me if I'm wrong, but wasn't that amended after the CBA was agreed to?

You could be right, Stash, but the quote I referenced came from the league's recent statement regarding Zeke's suspension. I can't imagine they would have referenced something that was no longer applicable, but with them, you never know.

 

[Stash]

You could be right, Stash, but the quote I referenced came from the league's recent statement regarding Zeke's suspension. I can't imagine they would have referenced something that was no longer applicable, but with them, you never know.

It's just got me wondering how it can be implemented if it was never "collectively bargained"?

 

[LandryFan]

It's just got me wondering how it can be implemented if it was never "collectively bargained"?

If it wasn't collectively bargained in 2011 in the new CBA, then the NFLPA had to have signed off on it back when the league was going through the other PR nightmares regarding DV. Honestly, I don't recall with certainty, but somewhere in the back of my feeble brain it seems that the league and the NFLPA came to the agreement in 2014 to counter the ugly PR around that time.

 

[Stash]

If it wasn't collectively bargained in 2011 in the new CBA, then the NFLPA had to have signed off on it back when the league was going through the other PR nightmares regarding DV. Honestly, I don't recall with certainty, but somewhere in the back of my feeble brain it seems that the league and the NFLPA came to the agreement in 2014 to counter the ugly PR around that time.

That would be news to me. I don't see where they would just sign over powers like this.

 

[speedkilz88]

Players convicted of a crime or subject to a disposition of a criminal proceeding (as defined in this Policy) are subject to discipline. But even if the conduct does not result in a criminal conviction, players found to have engaged in any of the following conduct will be subject to discipline. Prohibited conduct includes but is not limited to the following:


The policy is based on those that actually are accused of DV and presently on trail. Zeke never went to trail or was never arrested or went to court regarding DV.

Because there was no conviction or any type of prosecution to try and convict Zeke, I don't think this suspension won't hold water if Zeke and the Cowboys wish to fight it tooth or nail.

I agree this is saying he has to be charged but not necessarily convicted to be disciplined.

Players convicted of a crime or subject to a disposition of a criminal proceeding (as defined in this Policy) are subject to discipline.

 

[LandryFan]

That would be news to me. I don't see where they would just sign over powers like this.

I could not find anything with a quick Google search, so I'm really not sure. Was it not collectively bargained for in 2011?
Again, I just quoted the league's statement on Zeke's suspension with the assumption that it was just a part of the CBA.

 

[rynochop]

I think it's time for the admins to just go ahead and create a Zeke Zone.

 

[Stash]

I could not find anything with a quick Google search, so I'm really not sure. Was it not collectively bargained for in 2011?
Again, I just quoted the league's statement on Zeke's suspension with the assumption that it was just a part of the CBA.

It couldn't have been.

The six games deal happened after the Ray Rice case, in 2914, after the CBA was collectively bargained.

 

[LandryFan]

It couldn't have been.

The six games deal happened after the Ray Rice case, in 2914, after the CBA was collectively bargained.

Ok...then I'm as puzzled as you are.

 

[ConstantReboot]

I'm sorry, but I'm not reading that. It seems to be saying even without a conviction, the NFL can suspend based on certain conducts.

Well how can the NFL suspend him for certain conducts when those conducts weren't performed?

Yes your right the NFL can suspend him even if he proves innocence. Thats what the conduct policy is saying. However, Zeke's case never went to court. I believe the policy implies that the even though the court case finds the person not guilty, the NFL still has the ability to suspend and punish a player. But it never went to court.

So this whole thing is nothing more than a sham. The NFL cannot be judge and an enforcer at the same time.