Getty Images
Many have speculated that Browns quarterback Deshawn Watson will eventually be suspended for the civil and criminal charges that have been filed against him. That number – 22 civil suits and two more criminal suits that didn’t sue Watson – is high enough to be troubling at first glance. Whatever the critical mass of complaints that will naturally cause concern, 24 is on the wrong side.
The league knows about it. Some have concluded that the league’s failure to take action against Watson means the league will not do so, at least until the 22 civil cases are resolved. Perhaps this is a misunderstanding of the situation.
The League did not place Watson on the commissioner’s exempt list (a fancy label for paid leave) because it was not necessary. He did not try to play for the Texans in 2021. He was not traded to a new team that would try to put him on the field. Now he won’t play with the Browns until August.
The League made the personal conduct policy more than broad enough to allow paid leave even in the absence of criminal charges. “When an investigation leads the Commissioner to believe that a player may have violated this Policy by engaging in any of the actions set forth above,” the Policy explains, “they may act if the circumstances and evidence so warrant. This decision will not reflect a finding of guilt or innocence and will not be based on the same legal standards and considerations that apply in criminal proceedings.”
The key words are “may have violated.” Watson was accused by 24 people of sexual harassment during massage therapy sessions, with Watson’s lawyer admitting that some massage therapy sessions did become consensual sexual encounters, enough for the commissioner to conclude that Watson “may have violated” the Personal Conduct Policy.
Remember, Ben Roethlisberger was suspended for six games (reduced to four) in 2010 for two allegations of sexual harassment, neither of which resulted in a criminal prosecution. In 2017, Ezekiel Elliott was suspended for six games for domestic violence allegations that resulted in neither criminal nor civil suits. The League can and will do whatever it wants, and decisions will quite often be determined not by notions of fairness and fairness, but by balancing the PR consequences of action and inaction.
On Monday, I suggested that the league let Watson know that he could either settle the cases and take an unpaid suspension to start the season, or keep fighting the cases and be put on paid leave until they were resolved. Now I believe that the league will not do this. The league won’t do it because the league doesn’t. He does not announce his plans and does not reveal his cards.
The League has learned to keep its head down and keep quiet on such matters, or for as long as it can. The League will act when the time comes to act. And I’m currently confident that if 22 civil cases against Watson remain pending when it comes time to play games, Watson won’t play those games.
The League won’t tell Watson or the Browns about it. The league expects Watson and the Browns to sort things out on their own. And the league won’t shed a tear or apologize if/when they decide to put Watson on paid leave if Watson can’t get things settled before the football season starts.