The NFL yesterday "put a new personal conduct policy for players and other employees into effect" after the "unanimous ratification by the league’s 32 owners," according to Mark Maske of the WASHINGTON POST. The policy "takes initial disciplinary rulings in cases of misconduct away from NFL Commissioner Roger Goodell but leaves him in charge of hearing and resolving any appeals of such decisions." Goodell said, "The policy is comprehensive. It is strong. It is tough. And it is better for everyone associated with the NFL." Maske reports the policy, which goes into effect immediately, "drew sharp criticism" from the NFLPA. The union is "expected to contest the implementation of the new policy through the arbitration process outlined" in the NFL's CBA. Sources said that a legal challenge "appears possible." Maske notes the union has "maintained the new policy must be collectively bargained with the players and has accused the league of failing to engage in that." But NFL officials yesterday "dismissed those accusations," pointing out the two sides "held a series of meetings during the formulation of the new policy." Goodell said that the league "will hire a disciplinary officer as soon as possible to oversee investigations of misconduct and make initial disciplinary rulings." NFL Exec VP & General Counsel Jeff Pash said, "That's not a change." He estimated that 70% of initial disciplinary rulings in the past "have been made by someone other than Goodell" (WASHINGTON POST, 12/11). The WALL STREET JOURNAL's Kevin Clark notes the policy "calls for the use of independent investigators who will work parallel with law enforcement when a player or league employee is in potential violation of the policy." The NFL also will "introduce a new paid-leave program, the details of which have yet to be hammered out" with the NFLPA. The league said that the union "wants paid leave only if a player is charged with a felony and with the player’s agreement." The new policy states that all clubs "must report a potential violation in a timely manner and must aid the league in all investigations" (WALL STREET JOURNAL, 12/11). FS1's Mike Garafolo noted it is “clear from the rollout of the NFL’s new personal conduct policy that the league was intent on closing some of the gaps for which they’ve been criticized in recent months” ("Fox Sports Live," FS1, 12/10).
DETAILING THE PROCESS: In L.A., Rick Orlov notes the league in formulating the new policy "reached out to a wide-ranging group with expertise in illegalities in large organizations." Among them was L.A. City Council member Bernard Parks, a former chief of the LAPD. Parks said, "They were interested in my experience at the LAPD and how we handled discipline. In many ways, there are a lot of similarities between an NFL player and a police officer." Orlov notes the league "also consulted" NYPD Commissioner William Bratton; reps from Mothers Against Drunk Driving; Ms. Foundation for Women; National Coaliton Against Domestic Violence and the NCAA; 14 former NFLers; and a "number of members" of the NFL Wives Organization (L.A. DAILY NEWS, 12/11). The NFL since mid-September has said that it had "sought opinions from the union and dozens of lawyers, law enforcement experts, women’s groups and advocates for victims of domestic violence." Goodell said the policy was “significantly more robust, thorough and formal” than the previous one, which was last revised in '07. Goodell: “We now have a layered evaluation process to take into account a diversity of expert views. This will better enable us to make appropriate decisions and ensure accountability for everyone involved in the process.” Goodell said that a new conduct committee led by Cardinals President Michael Bidwill "would oversee the policy and make changes when needed with advice from outside experts" (N.Y. TIMES, 12/11).
STILL ON THE POWER PLAY: THE MMQB's Jenny Vrentas wrote the owners’ "approval of final disciplinary say resting with the commissioner is an affirmation of the power of that position -- if not Goodell himself." Bidwill said, "We have to have that. Everyone in the league, every owner agrees, that the commissioner needs to have final authority.” Patriots Owner Robert Kraft: "Owners can have specific interests; players can. It’s short term. But the commissioner is always looking for the long-term best interests of the game.” Browns Owner Jimmy Haslam III: "At the end of the day, somebody has to make the final call. At the same time, I think he’s freed himself from a lot of the day to day that takes so much of his time and takes him away from running the league" (MMQB.SI.com, 12/10). Jets Owner Woody Johnson: "Roger didn’t lose any of his power. It’s still his decision. He made the process a lot better. He’s put in a process to handle these cases in a more efficient, consistent way" (N.Y. DAILY NEWS, 12/11). USA TODAY's Jarrett Bell writes in crafting a new policy that "emphatically reflects the many lessons learned from this year of turmoil in the NFL ... the Commissioner's power actually appears to be emboldened." Bell: "Have a beef with the discipline? The appeal still lands on Goodell's desk." Goodell's position -- "and credibility -- will be strengthened because the comprehensive policy will draw on more voices and resources." Experts who "might not recognize a zone blitz but are much better equipped to address the impact of serious issues such as domestic violence will influence decisions." In the "long run, this will provide Goodell with more of the support he needed all along" (USA TODAY, 12/11).
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Canty said he was disappointed the new policy was
passed without any NFLPA involvement |
ON THE OUTSIDE LOOKING IN? Ravens DE and NFLPA player rep Chris Canty said, "I'm a little disappointed the new personal-conduct policy was passed without any involvement from the NFLPA. I think that's something both the league office and the NFLPA need to come together and discuss to talk about how to move our game forward in a positive direction, especially in the realm of player discipline" (Baltimore SUN, 12/11). But in N.Y., Bart Hubbuch writes the players "have only themselves and their union leadership to blame." The union is "threatening to file a labor grievance or go to court to stop the tougher new policy, but good luck with that, guys." Goodell and the league are "just taking advantage of the immense power" NFLPA Exec Dir DeMaurice Smith and the players "ceded them for 10 years ... in the 2011 labor negotiations" (N.Y. POST, 12/11).
GOOD FOR BOTH SIDES? In Boston, Ben Volin writes the policy "is good for the players as well as for the league." Volin: "No more back-room shenanigans or unequal justice based on your salary or number of Pro Bowl selections." Everyone "will now be treated equally and fairly." Of course, a "cynic might point out that this is also a good way for the NFL to cover its you-know-what after it was forced to make things up on the fly this fall" with regard to Ray Rice, Adrian Peterson, and Greg Hardy. Volin: "Make no mistake, the NFL remains 'judge, jury, and executioner' in all matters concerning discipline, with Goodell as the ringleader" (BOSTON GLOBE, 12/11). ESPN.com's Johnette Howard wrote of Goodell, "Handing off the early parts of the disciplinary process to others means he's not the judge and jury anymore." But he still is "insisting on filling the executioner's role if need be." He "still wants the power to trump what the tiers of people below him do," which is "problematic" (ESPN.com, 12/10). ESPN’s Pablo Torre said it was “notable” the NFL was putting Goodell “very front-and-center” with the announcement of the new policy.” Torre: “This is the return of Roger Goodell, the sheriff” ("Around The Horn," ESPN, 12/10). USA TODAY's Nancy Armour notes Goodell "promised back in September to 'get it right,' and he's not quite there yet." If he is "willing to set aside his ego, and some of his power, however, the NFL could have a policy that not only protects victims and gets players the help they need, but could serve as a model for how to address domestic violence" (USA TODAY, 12/11). But ESPN's Jackie MacMullan said the new policy is a “step forward for domestic violence, and how we got here at this point, to me, is almost irrelevant." MacMullan: “The NFL will now have the toughest policy ... for domestic violence, and that’s a great thing" ("Around The Horn," ESPN, 12/10).
NOT OUT OF THE WOODS YET: In New Jersey, Tara Sullivan writes for every step Goodell "takes in the right direction, past misdeeds creep up and drag him backward, which is why a storm cloud remains over his head." Goodell has "so far survived the calls for his firing or resignation, retreating into the NFL’s background during this most damaging stretch in league history, working desperately to overcome the mishandling of recent domestic violence cases by promising changes like the ones that came" yesterday. But he is "far from being in the clear, and his job should be far from safe." The "latest attack on Goodell’s credibility comes from an ESPN report yesterday regarding the commissioner’s testimony" during Rice’s appeal hearing. The report casts Goodell "as an uninformed, disinterested bystander to the original mishandling of Rice’s case" (Bergen RECORD, 12/11).
