The first few weeks of the 2024 season have produced some unexpected headlines. In many cases, the underlying stories don’t go away.
In Cleveland, quarterback Deshaun Watson is facing a new lawsuit and new penalties from the league after he was accused of sexual assault and battery in a Sept. 9 complaint.
There is no specific news yet, but there is talk in league circles about a possible suspension under the Personal Conduct Policy.
The league has said Watson will not be placed on paid leave. The attorney for the new accuser has said she will cooperate with the league’s investigation.
The neutral party who presides over the disciplinary hearings, Judge Sue Robinson, concluded two years ago that Watson’s flat denial of all suggestions of wrongdoing was not credible. If she were to hear this case, she might be inclined to give more weight to the new prosecutor’s version of events, if only because she has already decided that Watson is not a completely reliable witness.
The question is how quickly will events unfold. Will the league feel compelled to rush the situation and resolve it during the 2024 season? Or will the league be content to wait and move on in the off-season?
Regardless, there are indications that the Browns are preparing for the possibility of a suspension being sought and received this season. Some believe they are evaluating available quarterbacks, even though they currently have both Jameis Winston and Dorian Thompson-Robinson on the roster.
On the one hand, any suspension would give the Browns a potential opportunity to void the remaining guarantees in Watson’s deal if he failed to disclose that claim to the team earlier. The league may not want to offer the Browns a way out of the $92 million owed in 2025 and 2026, given the widespread outcry over Watson’s contract.
On the other hand, a suspension during the season guarantees the Browns another less full season with Watson.
Another question is the length of the suspension. The allegations in the new case seem much stronger than the allegations in the four specific cases that resulted in an 11-game suspension in 2022.
Then there’s the possibility that Watson could settle the case quickly, by getting an agreement from the prosecutor that she won’t talk to anyone without a subpoena. Since the league can’t force non-employees to cooperate with these investigations, settling with a broad nondisclosure agreement would short-circuit the process.
That is the biggest flaw inherent in the NFL’s internal legal system. Without cooperation, this case is going nowhere. A settlement guarantees that outcome, which would also protect the $92 million in guaranteed money due in 2025 and 2026.
