Imagine that Player A, a popular player in the National Football
League (―NFL‖) is allegedly involved in defrauding several charitable
organizations of which he is a board member.1 Player A is arrested and
indicted on various federal criminal charges. At first, Player A is
reluctant to provide federal authorities with personal and organizational
financial documents because he is in complete disbelief of the
allegations. Upon compliance with the requests and discussion with
authorities, it comes to light that Player A‘s fellow board member in the
charity acted alone in the criminal activity. However, because Player A
was initially reluctant to cooperate and may not have been duly diligent
in running the organization, Player A pleads to an obstruction of justice
charge. Player A serves no jail time and agrees to reimburse a major
portion of the defrauded money.
NFL Commissioner Roger Goodell has been monitoring the situation
and is disappointed that Player A was involved in the allegations,
especially during a time in which the national economy was
experiencing a recession. The public is not aware of the details
surrounding the plea agreement and Player A‘s actual level of
involvement in defrauding the charitable organizations. Consequently,
the public‘s perception of Player A and the NFL has been negative
throughout. Goodell decides to suspend Player A for the remaining six
games of the season, costing him nearly $1 million in game checks, for
detrimental conduct that violates the Personal Conduct Policy.2 Goodell
imposes a severe punishment to prevent further distraction, to show that
the NFL does not support such criminal conduct, and to send a message
to other players that they must be in complete control of any charitable
organizations with which they are involved.
Player A‘s only hope of reducing the punishment imposed under the
Policy would be to appeal back to Goodell.3 He could not use the
independent arbitration process that has been successfully used by
National Basketball Association (―NBA‖) and Major League Baseball
(―MLB‖) players because the NFL policy does not allow for a similar
procedure.4 Further, Player A would not have defined discovery
guidelines or standards of review for procedural protection. Thus, if
Player A appeals to Goodell, his chances of a reduced suspension are
minimal.