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BEREA, Ohio — The NFL on Wednesday appealed the six-game suspension of Cleveland Browns quarterback Deshaun Watson, seeking a stiffer punishment for violating the league’s personal conduct policy following disciplinary official Sue L. Robinson’s decision Monday.
In a statement, the league said it notified the NFL Players Association it would appeal and then filed its brief Wednesday afternoon.
The league said NFL commissioner Roger Goodell will determine who will hear the appeal. Under the CBA, Goodell has the option to review the appeal himself or may appoint a designee to do so.
A source told ESPN that the league is appealing an indefinite suspension that would be a minimum of one year (as previously requested), a monetary fine (which Watson was not initially given by Robinson) and treatment for the star QB to undergo.
The union also had the right to appeal Robinson’s decision, though it issued a statement Sunday night saying it would “stand by her decision” and not appeal regardless of the outcome, and urged the league to agree.
The NFLPA has until Friday to file a written response to the NFL’s complaint. Sources told ESPN’s Jeff Darlington on Wednesday that the NFLPA is preparing to sue the NFL in federal court if it appeals Robinson’s decision.
After the NFLPA files its response, Goodell will decide whether to hear the appeal himself or appoint an appointee — a source told Darlington on Wednesday that he has not yet formalized a decision on who will — and that will be followed by a hearing date.
Any appeal must be limited to arguments from the evidentiary record of the three-day hearing before Robinson in late June and “without reference to evidence or testimony not previously considered.” It will be processed on an “expedited basis,” according to the NFL’s personal conduct policy, although NFL spokesman Brian McCarthy said there is no timeline for Goodell or his designee to make a decision.
Whenever the decision is made, it will be final and binding on all parties.
Watson was on the field when the news broke around 4pm ET on Wednesday. A team official had to come onto the field and inform him of the NFL’s decision.
The Browns did not comment on the NFL’s decision Wednesday.
Robinson issued the six-game suspension Monday, writing in his 16-page report that “the NFL has carried its burden of proving, by a preponderance of the evidence, that Mr. Watson engaged in sexual assault (as defined by the NFL) against four therapists named in the report.”
Robinson also found that Watson engaged in conduct that posed a “genuine danger to the safety and well-being of another person, and conduct that undermines or jeopardizes the integrity of the NFL.”
Robinson wrote that the NFL is recommending that Watson be suspended for the entire regular season and the 2022 postseason.
While relying on precedent, Robinson attempts to distinguish between violent and nonviolent sexual behavior. Robinson concluded that Watson’s behavior “does not fall into the category of violent conduct that would warrant a minimum six-game suspension,” which the league has found to be “the most commonly imposed discipline for domestic or gender-related violence and sexual acts.”
Robinson also found that “Watson’s predatory behavior casts a ‘negative light on the League and its players.'”
Watson has denied any wrongdoing and said she does not regret any of her actions during the massage sessions. Watson also said he cooperated with the NFL’s investigation and “answered truthfully every question” asked of him by the league’s investigators.
“We respect Judge Robinson’s decision, and at the same time, we empathize and understand that there are many people who have been triggered during this process,” Browns owners Dee and Jimmy Haslam said in a statement Monday. “We know DeShawn is remorseful that this situation has caused so much grief to so many, and he will continue the work necessary to show who he is on and off the field, and we will continue to support him.”
However, Robinson wrote in his report that one of the aggravating factors in determining Watson’s discipline was his “lack of expressed remorse.” She noted that mitigating factors included that he was a first-time offender and his “excellent reputation in his community prior to these events”.
Watson is accused of sexual assault and other inappropriate behavior during massage sessions in civil lawsuits filed by 25 women. The collisions alleged in the lawsuits took place from March 2020 to March 2021 while Watson was a member of the Houston Texans.
One of the 25 lawsuits was dismissed after a judge ruled in April 2021 that the plaintiffs must amend their petitions to reveal their names. In June, Watson settled 20 of the 24 cases he faced. He agreed Monday to settle three of the remaining four, according to Houston attorney Tony Busby, who represents the women suing Watson.
Busby told ESPN’s John Barr that Ashley Solis, the first woman to sue Watson and the first to go public with her name and story, settled the case.
Last month, the Texans reached settlements with 30 women who filed claims or were prepared to file them against the organization for its alleged role in the allegations against Watson. Busby notified ESPN that he has scheduled a press conference for Thursday afternoon and that several of his clients, including Solis, may speak.
In the days leading up to Robinson’s ruling, the NFL and Watson’s side engaged in additional settlement talks, sources told ESPN’s Dan Graziano, but neither side believed they were close to an agreement.
The most Watson’s side have indicated they are willing to offer is a suspension in the range of six to eight games, according to sources. The best the league indicated it was willing to offer was a 12-game suspension and a substantial fine — on the order of $8 million, sources said. Because no additional fine was imposed, Watson is scheduled to miss six of his $57,500 game checks in 2022 for a total of $345,000 in losses from his $1.035 million base salary.
Watson’s contract with the Browns guarantees him a league-record $230 million, with a base salary that will jump to $46 million in 2023 and a $44.965 million signing bonus.
Although two grand juries in Texas declined to bring criminal charges against Watson earlier this year, the NFL has been investigating whether he violated its personal conduct policy since 2021.
The league interviewed Watson a few days earlier this summer. NFL investigators have also spoken with several of the women. Robinson noted in his report that the NFL claimed to have interviewed 12 women who sued Watson, but Busby told ESPN’s First Take on Tuesday that the league only interviewed 10 of his clients.
If the six-game suspension is upheld on appeal by the NFL, Watson will still be able to participate in practices and games during the preseason. He will also be allowed to return to the Browns to practice during the second half of the suspension, in Week 4, according to the CBA. He will not be allowed to be with the team for the first half of the suspension.
The Browns traded for Watson in March, sending three first-round picks to the Texans. Cleveland then gave Watson a new five-year contract, the richest deal in NFL history for any player.
Browns coach Kevin Stefanski said at the start of training camp last week that Jacoby Brissett would become Cleveland’s starter in the event of Watson’s suspension. In the first week of camp, Watson took the majority of the snaps with the first-team offense.
Speaking Monday, Stefanski said the Browns have a plan for how they’ll handle the shooting going forward, “and we’ll stick to it again until more information becomes available.” Stefanski said Tuesday that he had read Robinson’s report but would not comment on its findings, saying only that he would “respect” Robinson’s decision.
On Monday, Stefanski said he remains happy with Watson as the Browns’ quarterback, despite Robinson’s findings. “DeShon said it: He’s working to be the best version of himself,” Stefanski said. “He’s said it publicly, he’s said it privately, and I believe it.
This report uses information from ESPN’s Adam Schefter.
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