Why did NFL appeal Deshaun Watson’s 6-game suspension recommendation? What we know

Jul 28, 2022; Berea, OH, USA; Cleveland Browns quarterback Deshaun Watson (4) runs a drill during training camp at CrossCountry Mortgage Campus. Mandatory Credit: Ken Blaze-USA TODAY Sports
By The Athletic NFL Staff
Aug 1, 2022

On Monday, Sue L. Robinson, the NFL and NFL Players Association’s appointed disciplinary officer, recommended Cleveland Browns quarterback Deshaun Watson be suspended six games for violating the league’s personal conduct policy.

The decision came down after more than a month of deliberation following a three-day hearing from June 28-30 for the 26-year-old QB.

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On Wednesday, the NFL notified the NFLPA that it will appeal Robinson’s decision. A source confirmed to The Athletic that the league will seek an indefinite suspension of at least a year.

Here’s what we know about the ruling, the NFL’s decision to appeal, and what it all means for Watson and the Browns:

Why is the NFL appealing?

The NFL had almost no choice but to appeal after asking the arbitrator for at least a one-year suspension and not even getting half of that, despite her finding the league proved its case. 

Robinson ruled on procedural grounds, arguing there was no precedent for a year-long suspension for what she termed a nonviolent sexual assault. Critics are seeing no separation between her and the NFL, accusing the league of once again going easy on assaults against women. 

So from a PR perspective, the league must do everything to show it is bringing down the hammer on Watson. But it also doesn’t want to let Judge Robinson’s decision stand that the league needs disciplinary precedence for matters like Watson’s, because as the NFL argued, there is no precedence in NFL annals for what he is accused of.

What comes next? 

Now that the NFL has submitted its appeal brief, the NFLPA has two days to respond. At that point, commissioner Roger Goodell will appoint a new arbitrator, either himself or a designee.  

There is no timeline for when this appointment must occur but the league will not want this stretching out. That’s because the NFLPA has already indicated it will likely sue in federal court over the new decision, which presumably will be for more games. 

Under a six-game suspension, Watson’s first game back would be at Baltimore on October 23. So a federal court process would need to reach a conclusion by then, as Watson and the NFLPA will surely argue even more games are a violation of his rights under the CBA.

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How are the Browns reacting to the NFL’s decision?

The Browns officially have no comment, but they’ve operated as if they knew this was coming. 

In the wake of the original six-game ruling, the team said GM Andrew Berry and team owners Jimmy and Dee Haslam wouldn’t be available to reporters until the process was finalized. Wednesday’s appeal notice came about 20 minutes after the Browns completed practice, and Watson was informed while he was still on the field signing autographs. 

The Browns have had a quarterback contingency plan in place that begins with making Jacoby Brissett the starter, but any plans beyond that or any official reaction from the team won’t come for a while.

 

What’s the status of Watson’s legal cases?

Grand juries in two Texas counties have declined to charge Watson in relation to 10 criminal complaints. After settling three of four remaining civil suits, he has now settled with 23 women who accused him of sexual misconduct and sexual assault during massage appointments. One case remains active.

Watson has denied all allegations.

Watson sat out the 2021 season — was that a factor in the six-game ruling?

Watson missing the entire 2021 season was not supposed to be viewed as time served because he was eligible to play. The Texans allowed Watson to work out at the team facility but away from the team during a time when accusations mounted and criminal investigations were ongoing. Watson received his full $10.5 million salary in 2021.

How much money would Watson lose during a six-game suspension?

Six missed game checks would cost Watson $345,000. He keeps all of his $45 million signing bonus and his full five-year contract will not be affected. The Browns giving him a $1 million base salary for 2022 allowed him to save money for the suspension and was also part of the team’s larger effort to roll cap money forward and build a roster that should be an AFC contender in 2022 and 2023.

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Which games would Watson miss? 

Under the current proposed suspension, Watson would be eligible to return on the road against the Baltimore Ravens on Oct. 23.

Cleveland’s first six games:

  • Sept. 11: at Panthers
  • Sept. 18: vs. Jets
  • Sept. 22: vs. Steelers
  • Oct. 2: at Falcons
  • Oct. 9: vs. Chargers
  • Oct. 16: vs. Patriots

Who would fill in for Watson in Cleveland? 

The Browns’ Week 1 starting quarterback will be the team’s 33rd since 1999, the most in the league over that span.

Beyond Deshaun Watson, the Browns have three other quarterbacks on their training camp roster: Jacoby Brissett, Joshua Dobbs and Josh Rosen. All three players were signed by the Browns this offseason.

Brissett started five games for the Dolphins in 2021, posting a 2-3 record. Rosen appeared in four games for the Falcons last year but hasn’t started since 2019. Dobbs, who has six career appearances, all with the Steelers, has never made an NFL start. 

How does Watson’s proposed suspension compare to others in recent NFL history?

In 2010, former Steelers quarterback Ben Roethlisberger received a six-game suspension that was later reduced to four games after he was accused of sexual assault in Georgia but, like Watson, ultimately not charged with a crime. In 2017, Cowboys running back Ezekiel Elliott also received a six-game suspension despite no criminal charges stemming from domestic violence accusations.

Those suspensions were handed out under the previous collective bargaining agreement, which gave Goodell the power to make the initial disciplinary ruling. Under the new CBA, that power was given to a jointly approved disciplinary, which in this case was Robinson.

(Photo: Ken Blaze / USA Today)

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