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July

Monday Morning View: Roger Goodell Has Ethical Responsibility in Bounty Suspensions

Roger Goodell

As NFL Commissioner, Roger Goodell has a responsibility to act ethically in bounty scandal suspensions.

We’ve all been following this New Orleans Saints bounty scandal for a while now, and although NFL Commissioner Rodger Goodell recently upheld the four player suspensions in their appeal, the fight is far from over. The NFLPA has now filed a lawsuit on behalf of Will Smith, Anthony Hargrove, and Scott Fujita claiming that Goodell violated the labor agreement in the “investigation and arbitration process.” Jonathan Vilma is currently involved in a separate lawsuit against the NFL.

But I want to back up a little bit. When the news was released that Goodell denied the players’ appeals, he wrote a “public” letter to the players involved that outlined the foundations of his decision. Here is some of the text in case you’ve missed it:

Throughout this entire process, including your appeals, and despite repeated invitations and encouragement to do so, none of you has offered any evidence that would warrant reconsideration of your suspensions. Instead, you elected not to participate meaningfully in the appeal process . . .

Although you claimed to have been ‘wrongfully accused with insufficient evidence,’ your lawyers elected not to ask a single question of the principal investigators, both of whom were present at the hearing (as your lawyers had requested); you elected not to testify or to make any substantive statement, written or oral, in support of your appeal; you elected not to call a single witness to support your appeal; and you elected not to introduce a single exhibit addressing the merits of your appeal. Instead, your lawyers raised a series of jurisdictional and procedural objections that generally ignore the CBA, in particular its provisions governing ‘conduct detrimental’ determinations . . .

In sum, I did not make my determinations here lightly. At every stage, I took seriously my responsibilities under the Collective Bargaining Agreement. I determined the discipline for each of you

(1) only after a long, detailed and professional investigation by NFL Security’s experienced investigators;

(2) only after the results of that investigation were carefully reviewed by an independent expert, former United States Attorney Mary Jo White;

(3) only after I heard the appeals of the Saints’ coaches and staff regarding discipline for their roles in the program;