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Mavs, Cuban Escape Punishment Following NBA Investigation

Appearing on ESPN, Cuban apologized to the women who had been victimized during his ownership tenureESPN

The Mavericks had "no draft picks stripped ... or any other basketball-related discipline" handed down by the NBA following the league's investigation into workplace misconduct allegations, according to Tim Bontemps of the WASHINGTON POST. The result was "little surprise," as the league has "never levied basketball punishments for non-basketball offenses." A change to that was always "unlikely in this instance." It was also unlikely for Mavericks Owner Mark Cuban "to be placed in a position" like Donald Sterling, who was forced to sell the Clippers "in the wake of racist recordings being released." As long as there were "no direct allegations against Cuban that could be corroborated," the expectation has been Cuban would be "hit with some lesser punishment instead" (WASHINGTON POST, 9/20). Cuban is donating $10M to organizations supportive of women and eliminating domestic violence, and ESPN's Rachel Nichols said, "It will strike some people as, ‘Hey, this guy's a billionaire, it’s not that significant at all. He didn't lose his team." Cuban said, "More important than the money is the example we can set, because there hasn't been anybody who really had to go through this and set the tone on what's the right way to respond and what's the right thing to do. So the goal, even more than the money, is for me to get out there and teach others through my experiences" ("The Jump," ESPN, 9/19).

CUBAN GOT OFF EASY: In Dallas, Tim Cowlishaw writes while the NBA "could have fined Cuban" as much as $2.5M, it feels like he paid an extra $7.5M to "avoid suspension." Even if that is "not exactly how it went down, it's the taste that remains after the NBA passed on taking any real disciplinary action against an owner that presided over an out-of-control culture of harassment and actually fought to retain the employees who were the worst offenders." The league also could have "suspended him," but it saw "no point in a suspension since it wants Cuban to be involved, not excluded, as the team tries to reshape its business culture under the careful watch" of CEO Cynthia Marshall. Cowlishaw: "Suspending Cuban for multiple games ... was the best way to let the embarrassment linger, to drive home the point that NBA owners must bear some responsibility for their workplace. The league, unfortunately, took a pass" (DALLAS MORNING NEWS, 9/20). ESPN's Frank Isola said "at some point, Mark Cuban needs to be punished" because the NBA has to "send a message to every team" ("PTI," ESPN, 9/19). In Ft. Worth, Mac Engel writes one of the "biggest reasons" Adam Silver currently is NBA Commissioner is because Cuban "worked hard to make that happen." Therefore it is "no surprise Silver did not hit Cuban nearly as hard as" former NBA Commissioner David Stern would have. Stern would have "suspended Cuban" and "taken away draft picks." He might have even gone so far as to "mandate Cuban and his employees to take some counseling class, or restrict the Mavs owner from sitting courtside after the suspension was lifted." Stern would have "made it a mission to embarrass Cuban the way this story did the NBA" (Ft. Worth STAR-TELEGRAM, 9/20).

JUST A DROP IN THE BUCKET: ESPN's Jalen Rose said Cuban "got off light with this punishment," noting a $10M to someone "that’s worth almost $3 billion could be considered a drop in the bucket for a lot of people." Rose said he is "surprised the NBA, as an organization that has been at the forefront of making decisions in shattering glass ceilings in business and whatnot, didn’t come out stronger." ESPN's Mike Greenberg said perhaps the NBA gets a "relatively well-deserved benefit of the doubt based upon how progressive they have been on issues like this" (“Get Up,” ESPN, 9/20). In Dallas, Eddie Sefko notes at least two of the victims who were "pivotal to the investigation" that resulted in Cuban's $10M donation "don't think that's enough." One believes the punishment "could have been a little stronger." The other was just happy that Cuban "offered up a heartfelt apology on national television -- something that had been lacking from the organization" (DALLAS MORNING NEWS, 9/20). Dallas Morning News' Matt Mosley tweeted, "The NBA certainly didn't hit Mark Cuban where it hurts...a suspension. Forcing a billionaire to give $10 million to some women's organizations doesn't truly send a strong message against sexual harrassment in the workplace. Commissioner Silver looks pretty weak IMO." Vice Sports' Justin Jett: "The average American 60 year old (Mark Cuban's age) has a net worth of around $140,000. Mark Cuban has a net worth of $3.3 billion. This donation equates to about $430 for the average 60 year old" (TWITTER.com, 9/19).

DAMAGE ALREADY DONE? USA TODAY's Jeff Zillgitt writes Cuban is fortunate to have "escaped a suspension and more severe punishment from the NBA." However, there is "significant damage to the reputation of his team and his management style." It is "hard to shake the feeling that Cuban didn’t receive the harshest penalty possible." Perhaps what "saved Cuban from further punishment was his lack of knowledge regarding what was happening in his offices and his decision to act quickly following the Sports Illustrated report" (USA TODAY, 9/20). NBCSN's Dan Patrick: "I would have come down harder on Mark Cuban in this situation. You can’t tell me how smart you are, and then you don’t know what’s going on in your franchise” (“The Dan Patrick Show,” NBCSN, 9/20). ESPN's Kate Fagan: "I did feel that the punishment was sufficient, and I got to that conclusion by asking myself the question, 'What would more punishment do in this case if we saw Mark Cuban suspended or there was a different financial punishment?'" ("Get Up," ESPN, 9/20).

HARD TO PENALIZE PLAYERS: ESPN's Zach Lowe said of whether the punishment to the Mavericks was enough, "I don't know that there's a right thing to do. I don't know that, ‘We should have two first round picks taken away and punish the basketball side of it.’ I just don't know that there's ever going to be an adequate way to punish." Lowe said he believes the punishment "could have been harsher, but I don't know what the right answer to that is." ESPN's Tim MacMahon: "It would have been inappropriate to punish coaches and players who had absolutely nothing to do with this" ("The Jump," ESPN, 9/19).

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