The NFL screws up another disciplinary issue

Do you remember the Ray Rice incident?  Here is a brief recap—the NFL investigated charges of domestic abuse against Ray Rice, charges he admitted were correct.  The NFL imposed a two-game suspension that most people thought was too little.  Then additional evidence turned up that added no new information as to his guilt but made the allegations look worse, and the league re-opened the case and suspended Rice indefinitely (he is still suspended, not that anyone seems interested in signing him).

Let’s recap the recent incidents surrounding NY Giants kicker Josh Brown: there were charges of domestic abuse that were admitted to, and the NFL investigated and imposed a one-game suspension most people thought was too little.  New documents came to light that added no new information but made the allegations look worse, and the NFL re-opened the case and is now planning to impose additional punishment.

Sound familiar?

The criticism of the NFL’s suspension of Brown for only one game is legitimate, as the league established a six-game baseline punishment for domestic abuse.  So why did Brown only get a one-game suspension?  Because according to the NFL there were “mitigating circumstance.” Apparently chief among these mitigating circumstances was the fact that Giants management liked Brown and thought he was a nice guy who had just slipped up.

The league frequently cites “mitigating circumstances” as a reason for not imposing the minimum six game suspension, which is a little weird because six games is supposed to be the minimum, but if they always apply mitigating circumstances to lower it then it really isn’t a minimum.  Thus far the NFL has cited mitigating circumstance to lower the punishment in every case but two, but it has never cited “aggravating circumstances” as a reason for imposing more than a six-game suspension for a first time violation of the domestic abuse policy.

NFL Commissioner Roger Goodell wants to be the sheriff who imposes law and order on the players, but he can’t seem to get anything right.  Ray Rice was emblematic—first a botched investigation (permitting Ray Rice in the room when his fiancée/wife was interviewed), then an inadequate punishment, followed by embarrassment, then a pretext to “re-open” the investigation and impose a too-harsh penalty (indefinite as opposed to six games).  With the Josh Brown case, as the great sage Yogi Berra said, “It’s déjà vu all over again.”

Our Constitution prohibits something called “double jeopardy,” which is re-trying someone for something after the matter has been adjudicated.  Yes, the Constitution doesn’t impose any burden on the NFL, but there is a policy reason for its existence.  Matters need to be resolved. Players need to know that an allegation is behind them so they can move on.  The league being able to re-open an investigation anytime it wants leaves a Sword of Damocles hanging over players’ heads.

It also impedes the delivery of justice.  A player may accept a minor punishment, giving up his right to appeal, and then the league increases the penalty.  This encourages players to stonewall all investigations, which does not grease the wheels of justice.

If the league knew Josh Brown had committed domestic violence, they should have suspended him for six games.  If the King County (Seattle) Sherriff’s office refused to release important documents, the league should not have concluded its investigation until it had those documents or the criminal investigation was concluded.  If the owner of the NY Giants knew that Josh Brown had committed domestic violence, he shouldn’t have signed him to a contract extension on the grounds that he didn't know the extent of the abuse.  If the question loomed about the extent of the abuse, then he had a duty to inquire and not just say he was “comfortable” re-signing Brown.

The justice system of the United States is set down in words and printed in books.  The justice system of the NFL is located in Roger Goodell’s gut.  You can’t systematically enforce a code of conduct when you have one man who makes it up as he goes along.  It was wrong to suspend Brown for only one game when the rules said he should get six; it was wrong to re-open the investigation when “new” evidence came to light that the league overlooked when it concluded its investigation.  The Players’ Association gave Goodell a blank check on discipline in the last Collective Bargaining Agreement; now that they’ve seen the result, let’s hope they take it back in the next CBA.