The NFL has decided to appeal the six-game suspension handed down by retired federal judge Sue L. Robinson in the Deshaun Watson matter.
With the three-day deadline set to expire on Thursday, the NFL announced the decision in a brief statement. In the statement, the NFL stated as follows:
…the factual findings of the Disciplinary Officer are binding and may not be appealed. Judge Robinson found that Mr. Watson violated the NFL’s Personal Conduct Policy on multiple occasions and suspended him for six games. The CBA affords the NFL or NFLPA the right to appeal the discipline imposed by the Disciplinary Officer.
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The NFL notified the NFLPA that it will appeal Judge Robinson’s disciplinary decision and filed its brief this afternoon.
As noted in the statement, under the CBA Commissioner Roger Goodell can decide the appeal himself, or he can designate someone to do so:
From @NFLprguy https://t.co/cL44rn67Ii pic.twitter.com/FS34NjrU4c
— Ian Rapoport (@RapSheet) August 3, 2022
As the statement indicates, Judge Robinson agreed with the NFL’s factual assertions, but found for a six-game suspension due in part to the NFL’s past discipline decisions, and the fact that such an “unprecedented” punishment would fail to satisfy “notice” requirements. It is also worth noting that a day later, the league imposed a suspension on Miami Dolphins owner Stephen Ross that goes beyond Watson’s suspension, perhaps paving the way for this appeal.
As for what comes next, the response from the NFLPA — if any — must be filed in writing within two business days. The person who handles the appeal, whether Commissioner Goodell or his designee, will issue a written decision that will constitute the final disposition of the matter.
At that point, the NFLPA and Watson will have exhausted all available administrative remedies under the CBA, which could clear the way for an action in federal court.
As we wrote on Monday, perhaps we are merely at the end of the beginning, and not the beginning of the end.
