Schefter today: growing sense Zeke short suspension **merged**

[Insomniac]

I don't think anyone is debating the fact that the above is the existing policy. And the language provided doesn't speak to the point Childs Play was attempting to make. My point is, if you have been absolved from any wrongdoing legally (i.e. charges dropped, no conviction, no arrest, et cetera), then what can the league or any employer justify as "detrimental conduct" when it's been determined you weren't involved in said action.

If the response is "well, they don't need a basis to do suspend a player" then it goes back to my original comment from earlier in the thread about someone needs to take the league to task. Can anyone who has worked in the private sector provide an example of someone being suspended without pay and without any basis to point to?

When Rothlisberger was accused of rape he ended up getting a 4 game suspension even though he was never charged.
I agree that the Commissioner's power shouldn't be so absolute but the law is on the NFL's side.

The language in the CBA gives the Commissioner the authority to determine what constitutes "conduct detrimental to the league" and what the penalty should be. The decision by Judge Barrington Parker in the Brady case states that even if the Commissioner makes mistakes of fact or law he has the power to impose discipline.

http://www.gannett-cdn.com/experiments/usatoday/Sports/2016-04-25-tom-brady-suspension-appeal.pdf

The basic principle driving both our analysis and our
conclusion is well established: a federal court’s review of labor
arbitration awards is narrowly circumscribed and highly
deferential—indeed, among the most deferential in the law. ...
Our obligation is limited to determining
whether the arbitration proceedings and award met the minimum
legal standards established by the Labor Management Relations Act,
29 U.S.C. § 141 et seq. (the “LMRA”). We must simply ensure that
the arbitrator was “even arguably construing or applying the
contract and acting within the scope of his authority” and did not
“ignore the plain language of the contract.” United Paperworks Int’l
Union v. Misco, Inc., 484 U.S. 29, 38 (1987). These standards do not
require perfection in arbitration awards. Rather, they dictate that
even if an arbitrator makes mistakes of fact or law, we may not
disturb an award so long as he acted within the bounds of his
bargained‐for authority.
Here, that authority was especially broad. The Commissioner
was authorized to impose discipline for, among other things,
“conduct detrimental to the integrity of, or public confidence, in the
game of professional football.” In their collective bargaining
agreement, the players and the League mutually decided many
years ago that the Commissioner should investigate possible rule
violations, should impose appropriate sanctions, and may preside at
arbitrations challenging his discipline. Although this tripartite
regime may appear somewhat unorthodox, it is the regime
bargained for and agreed upon by the parties, which we can only
presume they determined was mutually satisfactory.

 

[jobberone]

I smell Mara and I hate conspiracy theories.

Only being mostly facetious.

 

[AbeBeta]

What a silly response. Seems like everyone who is accused of something is guilty. What world do you live in?

One where it is widely documented that conviction for domestic violence is rare - even when the aggressor is arrested.

 

[Redball Express]

As much as I'm morally opposed to what Zeke did, I don't see how you can suspend him for that. The woman didn't complain, and she didn't file any charges against him.
This is REALLY a fishing expedition and an exercise in arbitrary rulership. I've pretty much been on Goodell's side. But if he suspends Zeke based on something as relative as "perception" without any hard evidence, I'm going to be among the last people to jump off his bandwagon.

I see an indecent exposure issue here.

Permission by the victim is irrelevent.

The only reason he was not caught was becuz no cops saw it at the time..

I think some of us have to stop protecting Zeke like some little kid.

He's a multi-millionaire with responsibilities in society.

Love his football..

but like Michael Irvin before him..

you pay the price if you insist on doing it differently.

 

[ConstantReboot]

One where it is widely documented that conviction for domestic violence is rare - even when the aggressor is arrested.

Have it occurred to you that just because there was no conviction and that all evidence proves innocence that there's a likely chance he's remotely innocent?

 

[superonyx]

When Rothlisberger was accused of rape he ended up getting a 4 game suspension even though he was never charged.
I agree that the Commissioner's power shouldn't be so absolute but the law is on the NFL's side.

The language in the CBA gives the Commissioner the authority to determine what constitutes "conduct detrimental to the league" and what the penalty should be. The decision by Judge Barrington Parker in the Brady case states that even if the Commissioner makes mistakes of fact or law he has the power to impose discipline.

http://www.gannett-cdn.com/experiments/usatoday/Sports/2016-04-25-tom-brady-suspension-appeal.pdf

The basic principle driving both our analysis and our
conclusion is well established: a federal court’s review of labor
arbitration awards is narrowly circumscribed and highly
deferential—indeed, among the most deferential in the law. ...
Our obligation is limited to determining
whether the arbitration proceedings and award met the minimum
legal standards established by the Labor Management Relations Act,
29 U.S.C. § 141 et seq. (the “LMRA”). We must simply ensure that
the arbitrator was “even arguably construing or applying the
contract and acting within the scope of his authority” and did not
“ignore the plain language of the contract.” United Paperworks Int’l
Union v. Misco, Inc., 484 U.S. 29, 38 (1987). These standards do not
require perfection in arbitration awards. Rather, they dictate that
even if an arbitrator makes mistakes of fact or law, we may not
disturb an award so long as he acted within the bounds of his
bargained‐for authority.
Here, that authority was especially broad. The Commissioner
was authorized to impose discipline for, among other things,
“conduct detrimental to the integrity of, or public confidence, in the
game of professional football.” In their collective bargaining
agreement, the players and the League mutually decided many
years ago that the Commissioner should investigate possible rule
violations, should impose appropriate sanctions, and may preside at
arbitrations challenging his discipline. Although this tripartite
regime may appear somewhat unorthodox, it is the regime
bargained for and agreed upon by the parties, which we can only
presume they determined was mutually satisfactory.

I fail to see how a person who isn't involved with the league at all can make an accusation that was proven baseless and false and somehow this equates to Zeke displaying conduct detrimental to the league.

 

[OldCoach]

The very same old school money attempting to just pass the buck for enrichment of their own privileges...just as when Jerry became an owner, and Murchison before him.

We need to set up a ******** page to raise money to pay an instagram model to set up Aaron Rodgers

 

[CCBoy]

We need to set up a ******** page to raise money to pay an instagram model to set up Aaron Rodgers

 

[cowboyjoe]

Question, if NFL and Goodell suspend Zeke, does that open the door, Pandora box so to speak to where NFL will have to suspend other NFL players without conviction in a court of law? Since, Zeke wasn't charged with a criminal offense with his ex girlfriend, then doesn't that open Pandora box so to speak, to where NFL will have to suspend other players that like the Giants wr that goes to parties, supposedly does drugs, etc, but just rumor but no hard evidence, or any other NFL player that comes under certain suspect issues?

Another example, Eli Manning supposedly issue with email, and other info to where Eli has told the Giants equipment manager to doctor up jersey, so could make money off the jersey that Eli didnt wear, etc.? Doesnt that open pandora box to where NFL has to suspend other nfl players without criminal offense but just rumors etc?

 

[AsthmaField]

This is nothing new. The CBA says it doesn't have to be a legal issue to suspend a player. It just has to be detrimental to the league. Been that way for a long time now.

 

[AbeBeta]

Have it occurred to you that just because there was no conviction and that all evidence proves innocence that there's a likely chance he's remotely innocent?

Has it occurred to you that it is monumentally ignorant to assume you know what "all evidence" actually is? I don't know all the evidence but I won't let an alleged abuser off the hook just because I ignorantly assume I know everything that happened

 

[PA Cowboy Fan]

The NFLPA needs to strip Goodell of this power at the next bargaining session. That nut's out of control.

 

[Sage3030]

This is nothing new. The CBA says it doesn't have to be a legal issue to suspend a player. It just has to be detrimental to the league. Been that way for a long time now.

I have to agree and disagree. Yes the NFL can do that, but this would absolutely open up the Pandora's box where an accusation(in this case, which was shown to be a lie) equals conduct detrimental and that's ridiculous. Absolutely ridiculous. It makes it so easy for ANYONE to lay an accusation and the person accused must be suspended. I think that's utter bs.

 

[haleyrules]

The NFLPA needs to strip Goodell of this power at the next bargaining session. That nut's out of control.

Yeah. Its really hurting the leagues own image. Where is this coming from??...Goodell is basically a lapdog and works for the owners!

 

[AmericasTeam81]

Goodell must go!

 

[PA Cowboy Fan]

Yeah. Its really hurting the leagues own image. Where is this coming from??...Goodell is basically a lapdog and works for the owners!

Don't you miss the old commissioners who were never heard from? Pete Rozelle was a great commissioner. He never wanted to be in the public eye. He had the league's best intention at heart. Goodell may say he wants to protect the shield but he's harming it and has been for a number of years.

 

[AsthmaField]

I have to agree and disagree. Yes the NFL can do that, but this would absolutely open up the Pandora's box where an accusation(in this case, which was shown to be a lie) equals conduct detrimental and that's ridiculous. Absolutely ridiculous. It makes it so easy for ANYONE to lay an accusation and the person accused must be suspended. I think that's utter bs.

If they suspend him, then it will be because he actually did something detrimental to the league, IMO.

IOW, if the girl just got mad because he broke up with her and faked the DV... then I see no way there is an actual suspension. There would have to be something else.

Maybe it is the other things he's done this offseason (I don't think it is suspension worthy though)... or maybe there is actually something that wasn't worth charging for the police but the league doesn't like.

If it is as clear cut a case of her trying to set him up as many seem to think (myself included)... then I literally see no way he can be suspended.

So no pandora's box unless they do what I am pretty sure they won't and there is no proof of any wrongdoing whatsoever.

I've said all along that I don't think there will be a suspension... but there could be something I don't know about.

 

[haleyrules]

Don't you miss the old commissioners who were never heard from? Pete Rozelle was a great commissioner. He never wanted to be in the public eye. He had the league's best intention at heart. Goodell may say he wants to protect the shield but he's harming it and has been for a number of years.

Rozelle was a football guy and understood the real value in the NFL are the players!! Its madness to hurt the very thing that supports the league. I mean, we are not talking about Aaron Hernandez!! Why chase down Brady or Elliott..they are premier players and showcase the NFL product at its very best. I don't get it!!

 

[Sage3030]

If they suspend him, then it will be because he actually did something detrimental to the league, IMO.

IOW, if the girl just got mad because he broke up with her and faked the DV... then I see no way there is an actual suspension. There would have to be something else.

Maybe it is the other things he's done this offseason (I don't think it is suspension worthy though)... or maybe there is actually something that wasn't worth charging for the police but the league doesn't like.

If it is as clear cut a case of her trying to set him up as many seem to think (myself included)... then I literally see no way he can be suspended.

So no pandora's box unless they do what I am pretty sure they won't and there is no proof of any wrongdoing whatsoever.

I've said all along that I don't think there will be a suspension... but there could be something I don't know about.

If what we know is all there is and he is suspended, accusation equaling conduct detrimental is bad for the future of the league, IMO.

 

[PA Cowboy Fan]

Rozelle was a football guy and understood the real value in the NFL are the players!! Its madness to hurt the very thing that supports the league. I mean, we are not talking about Aaron Hernandez!! Why chase down Brady or Elliott..they are premier players and showcase the NFL product at its very best. I don't get it!!

I just think if someone is going to discipline players that same person can't hear the appeals. The guy has dictatorial like powers but when he does something wrong he disappears. He's a hypocrite. And I don't believe for one minute that he really cares about domestic violence. It's all a show.