Under the CBA once Henderson the arbitrator rules, NFLPA can, and more than likely will file a petition in U.S. District Court to vacate the Arbitration award under the Federal Arbitration Act (FAA) - 9 U.S. Code Section 10.
Under the FAA, an award maybe vacated where the arbitrator was guilty of misconduct in refusing to hear evidence pertinent and material to the controversy, and the arbitrator was partial and awarded his own brand of 'justice'.
During the entire NFL's investigative process, Goodell's ruling, and Henderson's arbitration award, if it can be shown that "fundamental fairness" was violated, EE's suspension can be vacated (overturned).
The fact that EE's team was unable to cross-examine his accuser under oath to determine her credibility (inconsistent statements to police officers, combined with affidavits signed under oath which conflict with her statements), & the opportunity to verify and challenge the authentication of documents, photos, and phone records as submitted truthful facts to the NFL investigation panel, exposes the NFL to the asserted claim that EE was treated unfair and there were legal deficiencies in the overall process.
Where is it spelled out in the CBA of the specific rights of the accused with regards to a criminal investigation?
More so, what are the exact rules and procedures that govern such a NFL investigation -- objection to admittance of evidence that is considered false, challenging the conclusions of the medical panel, irrelevant evidence, objection to hearsay statements, cross-examination of witnesses, etc.,
The fact that EE was denied an opportunity to confront his accuser, examine lead NFL investigator Lisa Friel's conclusions, and the fact that EE legal team lacked discovery to equal access to the overall investigative file suggests that EE was treated unjustly.
Individuals like to rely on the Brady case -- to assume that the NFL will win ultimately in court.
Brady's alleged conduct though dealt with the internal workplace notions of integrity and competitive balance -- whether or not footballs were deflated.
The CBA may have granted Goodell the power to suspend a player based on conduct without an actual criminal conviction--but the fact that the CBA is silent on the rules and procedures of the NFL investigation for an alleged criminal conduct of a player deprives that player of a fair and consistent process to the challenge the discipline.
The incoherent NFL policy on this issue should allow a court to circumvent the CBA to ensure the player is treated fairly by the NFL.
Given the severity of the alleged crime, and if the process and procedure to suspend a player, who was not criminally charged, is unfair, inconsistent, & lacked due process -- it is very possible a court will second-guess the decision by Goodell, and the arbitrator.
Goodell and his kangaroo court, and this Gong-Show 'criminal' investigation, along with the CBA, is not immune from the basic traditional and customary protections of the accused.
#FreeZeke
