by A new lawsuit was filed against Browns quarterback Deshaun Watson on Monday. After initially declining to comment on the matter, the NFL announced Tuesday that it is investigating the complaint and will review the matter under its Personal Conduct Policy.
So what happens now? Here’s a look at the expected steps.
NFL research.
The review will likely include an attempt to identify and communicate with the plaintiff, who filed the lawsuit under the pseudonym Jane Doe. Because the league has no subpoena power or other means to compel cooperation, the case goes nowhere if the plaintiff won’t talk to the league.
Attorney Tony Buzbee will be the most critical figure in that analysis. If he recommends his client cooperate, she probably will. If he advises against cooperation, she probably won’t.
The investigation is focused on substantiating the allegations, starting with confirmation that Watson did indeed go to the accuser’s apartment on Oct. 10, 2020. (The Texans hosted the Jaguars the next day.) It is examining whether and to what extent she told others about the incident after it happened.
At some point, Watson will be interviewed.
After the investigation is completed, the league will activate its internal process for proving a violation if the league believes a violation has occurred.
To belong.
The 2020 collective bargaining agreement created an independent process for holding hearings on potential violations of the personal conduct policy. That device was used two years ago, when Judge Sue Robinson ruled that Watson had violated the policy in connection with four massage therapists who had alleged sexual misconduct.
In the earlier case, Judge Robinson found Watson’s vigorous denial of the allegations to be unbelievable. That conclusion will no doubt be echoed in the next case, if there is one.
Watson could argue that the 2022 disciplinary process prevents another attempt at punishment based on similar facts. However, this case is not brought by a massage therapist. It is essentially a claim of alleged date rape.
Watson might be hard-pressed to argue that the NFL is trying to take a second bite at the apple. The apple appears to be entirely different.
Appeal.
If Judge Robinson Watson imposes a disciplinary measure, he can appeal the decision to the commissioner.
Judge Robinson’s factual findings cannot be overturned. The question is whether the commissioner would reduce the sentence.
Contract.
If Watson is ultimately suspended for even one game — and if Watson did not disclose this potential claim in writing when he signed with the Browns — the team could void his remaining guarantees and cut him.
The stakes are terribly high. After this season, Watson has $46 million in fully guaranteed pay due in 2025, and another $46 million in fully guaranteed pay due in 2026. That’s $92 million total.
Given the money that could suddenly be at stake, Watson’s best move would be to resolve the matter quickly, by reaching an agreement that the plaintiff will not discuss the case with anyone unless a subpoena compels her to cooperate. That would short-circuit the league’s investigation and likely prevent the league from suspending Watson, since there would be no witness to challenge Watson’s denial of wrongdoing.
However it plays out, this is an issue that could result in Watson being suspended and the Browns forfeiting the final two years of his contract.
