Commissioner Goodell has reaffirmed the suspension of four players for their connection to the bounty scandal in New Orleans. As noted on the NFL website, the decision is carefully crafted to focus on “conduct detrimental to football” and avoid any jurisdictional challenge from the players or from the NFL Player’s Association.
Discipline Reaffirmed for Four Players Suspended for Participation in Saints’ Bounty Program
DECISION BASED ON CONDUCT DETRIMENTAL TO FOOTBALL
Commissioner Roger Goodell reaffirmed the discipline for four players in the New Orleans Saints’ bounty matter today, but adjusted certain aspects of it following recent meetings with each of the players, the first time those players had agreed to speak directly to the NFL to give their side of the story.
In letters to each player and a memorandum to the clubs, Commissioner Goodell clarified that his decision was based entirely on his finding that the bounty program represented conduct detrimental to the league and professional football. The Saints’ bounty program operated over a three-year period and offered incentives to players for plays including “cart-offs” and “knock-outs,” which were plays that caused injuries to opponents.
The decision was made in response to the CBA Appeals Panel that asked Commissioner Goodell to make a redetermination of the discipline previously imposed on those players and clarify whether any of it was related to salary cap violations.
For decades, the commissioner of the NFL has been empowered, including in the Collective Bargaining Agreement with the players, to impose discipline on any individual employed by the NFL or its clubs that engages in specific conduct that he determines with due process to be conduct detrimental to the integrity of and public confidence in the NFL. This responsibility was most recently affirmed in the 2011 CBA.
“The quality, specificity and scope of the evidence supporting the findings of conduct detrimental are far greater and more extensive than ordinarily available in such cases,” Goodell noted in a memorandum to the clubs.
“In my recent meetings with the players and their counsel, the players addressed the allegations and had an opportunity to tell their side of the story,” Goodell also wrote. “In those meetings, the players confirmed many of the key facts disclosed in our investigation, most particularly that the program offered cash rewards for ‘cart-offs,’ that players were encouraged to ‘crank up the John Deere tractor’ and have their opponents carted off the field, and that rewards were offered and paid for plays that resulted in opposing players having to leave the field of play.”
The NFL PA, of course, has already issued its response, stating “For more than six months, the NFL has ignored the facts, abused the process outlined in our collective bargaining agreement and failed to produce evidence that the players intended to injure anyone, ever. The only evidence that exists is the League’s gross violation of fair due process, transparency and impartiality during this process. Truth and fairness have been the casualties of the league’s refusal to admit that it might have made a mistake… We will review this decision thoroughly and review all options to protect our players’ rights with vigilance.”
Thus, here we go again. I have a distinct feeling this case will be dragging on even longer, and will get even uglier in a hurry.