The NFL has revised its personal conduct policy, expanding the offenses that warrant more serious penalties to include sexual assault “that involves threats or coercion” and including “a pattern of behavior” and “offenses involving planning” as factors that increase the penalty.
These changes come a year after a disciplinary official cited the limitations of the league’s policy in issuing the initial discipline to Cleveland Browns quarterback Deshaun Watson, who has been accused of sexual misconduct. behavior and harassment of more than two dozen women. The additions will allow the league to make a stronger disciplinary response to players or other employees who engage in behaviors like those accused by Watson of women who say he intentionally touched them with his genitals and forced sexual acts without their consent in massage appointments.
Watson, 27, has denied the accusations. He has not been criminally charged and has settled 23 of the 26 charges brought against him; one was withdrawn (“in light of privacy and security concerns,” according to the court filing) and two others are still active.
The NFL made the changes, seen by The New York Times, in response to a ruling issued last year by Sue L. Robinson, the retired federal judge who oversaw Watson’s disciplinary action, according to three high-ranking league or team officials with direct knowledge of the policy change. They spoke on condition of anonymity because they were not authorized to comment publicly.
“We annually review our policies and programs with an eye toward continuous improvement based on past experiences,” Brian McCarthy, an NFL spokesman, said Monday in a statement. The players’ union did not immediately respond to a request for comment.
Robinson suspended Watson for six games but wrote in his 16-page decision that league guidelines limit his authority to prescribe stricter punishment for conduct he called “predatory” and “egregious. ” The NFL, which sought an indefinite ban for Watson, is appealing his decision. The sides then agreed to a settlement in which Watson was suspended 11 games through the 2022 season, fined $5 million and required to participate in a treatment program.
Robinson is the first third-party disciplinary official to hear a case since the role was created in the 2020 collective bargaining agreement. He agreed with the league’s contention that Watson committed multiple violations of the conduct policy, but said its recommendation of a season-long ban exceeded the conduct policy in effect at the time.
Robinson specifically pointed to the discrepancy that the league’s policy — which was rewritten nearly a decade ago, after the league faced backlash over its handling of Ray Rice’s physical assault on a teammate — reflected that commit between physically violent and non-violent offenses. In order to issue harsher penalties for what he called non-violent sexual conduct, Robinson wrote that the league must provide fair notice to its players.
Previously, the policy prescribed a six-game baseline suspension without pay for first-time offenders who used physical violence, including domestic violence and sexual assault “involving physical that’s strong.” Now, sexual assault “involving threats or coercion” has been added to the group of offenses that carry these more serious consequences. A second violation of these violations may result in expulsion from the league.
The revised policy also states that the third-party disciplinary officer who first reviews potential player conduct violations has the right to impose stricter sanctions on players, including an indefinite suspension, “for others types of prohibited conduct.”
This year’s version of the policy was distributed to NFL players when they reported to training camp last week.
Many state laws now include coercion as a form of assault, including in Texas, where most of the accusations against Watson were made, as well as player policies for MLB and the NBA. The #MeToo movement has inspired a greater awareness of power. and controlling the dynamics that can make the non-physical pressure to submit to a sexual act, experts said.
“Sexual assault is not always paired with physical violence, especially when it comes from someone with a lot of power and prestige and money,” said Juan Carlos Areán, a program director for the nonprofit organization Futures Without Violence. “They can use all kinds of things to abuse others, sexually or otherwise.”
Many of the women who made claims against Watson were described as intimidated or intimidated by his physical size or the impact he could have on their business as a high-profile client. The league wrote in its brief to Robinson last summer that its investigation showed that Watson “used his status as an NFL player as an excuse to engage in a planned pattern of predatory behavior toward to many women.”
Naming specific behaviors, such as coercion, in an ethics policy can play an important role in breaking down misconceptions about what sexual violence looks like and helping people understand the different behaviors that can be harmful, says Elizabeth Jeglic, a professor of psychology. at John Jay College of Criminal Justice studying sexual violence prevention.
“Since the majority of sexual abuse does not end up being prosecuted in a legal context, having institutional or occupational consequences that are broader in dealing with inappropriate sexual behaviors is a positive thing,” Jeglic said. He added: “The more we know, the more we hope to prevent this from happening in the first place.”
During the NFL off-season, the league’s office staff worked to revise the ethics policy in consultation with Todd Jones, special counsel for ethics, and Lisa Friel, special counsel for investigations. The changes were then approved by the league’s management committee, of which Dee Haslam, a Browns co-owner, is a member, and issued as part of the player handbook.
The NFL does not have to negotiate these changes with the players’ union because the labor agreement and the NFL’s constitution give the league’s commissioner, Roger Goodell, the authority to define and punish conduct that harms the league. The conduct policy for league employees and other club employees, which was released separately, reflects the changes.