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Leagues and Governing Bodies

NFLPA Files Grievance On Behalf Of Ray Rice, Claiming Inconsistencies In Player's Ruling

The NFLPA filed a grievance on behalf of Ray Rice last night, "demanding that the increased discipline of an indefinite suspension levied last week by NFL commissioner Roger Goodell be overturned," according to Aaron Wilson of the Baltimore SUN. The NFLPA also requested that Goodell "recuse himself from hearing the appeal because he would likely be a witness after stating in a disciplinary letter that he indefinitely suspended Rice based on new video evidence that surfaced a week ago." The union in a statement said, "This action taken by our union is to protect the due process rights of all NFL players." Wilson reports the NFLPA "could argue that the NFL can't suspend Rice twice for the same violation of the personal-conduct policy, contending that the league and Ravens punished him more than once for the same infraction" (Baltimore SUN, 9/17). USA TODAY's Tom Pelissero noted NFLPA Exec Dir DeMaurice Smith "has acknowledged the Rice video is 'disturbing.'" However, the union's appeal "was inevitable, given the precedent it would set by not contesting Goodell's decision to punish a player twice for the same incident." The NFLPA: "Under governing labor law, an employee cannot be punished twice for the same action when all of the relevant facts were available to the employer at the time of the first punishment." Pelissero noted the statement added the hearing on the appeal "will require a neutral arbitrator to determine what information was available to the NFL and when it was available." That hearing date "must be set within 10 days of the appeal" under CBA terms (USATODAY.com, 9/16).

PART OF THE UNION'S DUTY: NFLPA Exec Dir DeMaurice Smith spoke with CBS' James Brown in a taped interview and talked about why the NFLPA is appealing Rice's suspension, He said, "When we look at facts and reach a determination that there are appropriate grounds to appeal any ... disciplinary decision, that is the role of the union, that's the duty of the union and we really don't shy away from that duty at all." Smith added, "It's part of my legal training to understand that everybody has due process rights." Brown said fans have "seen and heard a lot from the commissioner's office" and asked, "Where's the union been?" Smith: "The union is where it's always been. We're with our members. As emotional as you can be about the issue, your duty is to protect the rights of the player, to hopefully start and engage a conversation that's bigger that just football." Brown asked, "Do you believe that the league has a domestic violence problem?" Smith said when he was a "prosecutor, domestic violence was a community issue. It still is a community issue. I think it would be a mistake to ever look at our issues and react to our issues as being a football issue." Brown stated, "Some have described the past 10 days as the worst in the history of the National Football League." Smith added, "I want our players to be good men, good husbands, good fathers, good men in their community. If there is an instance where that conduct has fallen below that standard, that's not a good week for our players let alone the National Football League" ("CBS This Morning," CBS, 9/17).

THE DARKEST HOUR: The last two weeks has seen the NFL deal with fallout from a variety of scandals, and ESPN's Adam Schefter said this has been the "darkest and most embarrassing situation in NFL history" ("SportsCenter," ESPN, 9/17). ABC's Ryan Smith said, "I have not seen this many controversies in one sport, I think, ever" ("GMA," ABC, 9/17). ESPN's Ed Werder reports it is unknown when Goodell "will address some of these other issues" impacting the league. Werder: "Maybe he wants to get all of these situations controlled first, and that will indicate that he might not speak until something happens with Greg Hardy” (“SportsCenter,” ESPN, 9/17). In N.Y., Gary Myers notes Goodell has been "in his Park Ave. office all week meeting with his advisers." While he is "desperately trying to protect the shield," he also "can’t hide behind it any longer" (N.Y. DAILY NEWS, 9/17). CSNBAYAREA.com's Ray Ratto wrote it is "worthwhile to note" that Goodell "has not been seen since choking on his own tongue from the remorseless questioning" by CBS News' Norah O’Donnell (CSNBAYAREA.com, 9/16).

TRYING TO RALLY THE TROOPS: ESPN's Werder reports team owners are "going to ardently defend" Goodell amid the swirling criticism "until they can't." Patriots Owner Robert Kraft last week reached out to Panthers Owner Jerry Richardson and "asked him to reach out to other owners and come out and publicly support and endorse Roger Goodell." Werder notes Goodell has "made the owners very wealthy men" ("SportsCenter," ESPN, 9/17). 

SHIELDED FROM THE TRUTH?
 In DC, Sally Jenkins writes the scandals that have engulfed the NFL "can be traced to a single source: the superciliousness of a commissioner who thought the deepest societal ills -- domestic abuse, sexual violence, drug use -- could be handled with a morals clause." Goodell has "always talked about 'the shield' without ever being clear on what such a device should be used for." The majority of the roughly 1,600 NFL players are "loving husbands, good fathers and stand-up citizens." But attorney David Cornwell said, "We don’t have the video on that." Jenkins writes the "irony of Goodell’s 'policy' is that it actually is an implicit slur on NFL players, stereotyping them as wanton marauders incapable of self-governance" (WASHINGTON POST, 9/17).

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