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Sexual Assault Suits Against Watson

Watson's specific towel testimony in his depositions is especially interesting.

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Why Deshaun Watson's towel habit was key in his suspension ruling
Brent Schrotenboer
USA TODAY

Judge Sue L. Robinson issued her decision against Deshaun Watson Monday with a written ruling that mentions a certain piece of evidence nine times in 16 pages.

It’s about his towel habit.

The Cleveland Browns quarterback liked to use a towel to drape himself in massage sessions instead of a larger sheet and sometimes even brought his own small or medium towel, according to court records.

Why does this matter?

Robinson, the NFL's independent disciplinary officer, handed down a six-game suspension against Watson Monday after he was sued by 24 women who accused him of sexual misconduct in massage sessions in 2020 and early 2021. Her ruling noted the towel evidence nine times, helping her conclude that Watson had a “sexual purpose” in these encounters.

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Professional massage therapists typically provide larger sheets to drape clients as a way to avoid unwanted exposure of their clients’ private parts. In these cases, the women generally said Watson exposed his genitals to them in massage sessions and caused his genitals to touch them – conduct that was made easier by his insistence on using a smaller towel instead of a sheet, according to Robinson’s ruling.

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“Watson reached out to women whose professional qualifications were unknown and unimportant to him,” Robinson stated in her ruling. “He insisted on using a towel, increasing the probability of exposure. He insisted on having the therapists focus on areas of his body that not uncommonly triggered erections. And he engaged in this pattern of conduct multiple times.

"I find this sufficient circumstantial evidence to support the NFL’s contention not only that contact occurred, but that Mr. Watson was aware that contact probably would occur, and that Mr. Watson had a sexual purpose – not just a therapeutic purpose – in making these arrangements with these particular therapists.”

The NFL had investigated the evidence against Watson since last year and tried to convince Robinson that he violated the league's personal conduct policy and should be suspended for it.

The towel evidence helped Robinson reach that conclusion and determine he engaged in sexual assault against four women whose testimony was emphasized by the NFL in its case against him.

After a three-day hearing in June, Robinson, a retired federal judge, used a three-part test to determine whether he committed sexual assault as defined by the NFL: Did he intend to cause contact with his penis? Did he do so for a sexual purpose? And did he know such contact was unwanted by these women?

The towel evidence helped show his intent and purpose, according to her ruling, which also found that Watson knew such sexualized contact with these women was unwanted by them. Robinson noted Watson’s intent in these encounters “must be inferred from circumstantial evidence in the absence of an admission.”

“There is no dispute Mr. Watson preferred a towel to the traditionally used sheet for draping, and there should be no dispute that a medium or small-sized towel will more likely slip off a body than a sheet, leaving a client exposed,” wrote Robinson, who was jointly appointed to her position by the NFL and the NFL Players Association.

Robinson ruled that the “totality of the evidence,” including his use of towels and his focus points for the massages, lends support to her conclusion that it is more probable than not that Watson did have erections and that his erect penis made contact with the therapists, as they claimed.
Of the 24 women who sued Watson, Robinson’s ruling notes that NFL investigators were only able to interview 12, and that of those 12, the NFL relied for its conclusions on the testimony of four, along with other evidence and third-party interviews. All but one of those 24 lawsuits since has ended with a confidential settlement, according to the attorney for the women, Tony Buzbee.

Watson, 26, has denied wrongdoing and was never arrested or charged with a crime. He has not disputed his towel preference.

He testified about it in a pretrial deposition May 13.
THE REST OF THE STORY
 
I still don't understand why DW forcing or not has anything to do with his suspension. Per CBA's conduct code:

 Actual or threatened physical violence against another person, including dating violence, domestic violence, child abuse, and other forms of family violence;  Assault and/or battery, including sexual assault or other sex offenses;  Violent or threatening behavior toward another employee or a third party in any workplace setting;  Stalking, harassment, or similar forms of intimidation;  Illegal possession of a gun or other weapon (such as explosives, toxic substances, and the like), or possession of a gun or other weapon in any workplace setting;  Illegal possession, use, or distribution of alcohol or drugs;  Possession, use, or distribution of steroids or other performance enhancing substances;  Crimes involving cruelty to animals as defined by state or federal law;  Crimes of dishonesty such as blackmail, extortion, fraud, money laundering, or racketeering;  Theft-related crimes such as burglary, robbery, or larceny;  Disorderly conduct;  Crimes against law enforcement, such as obstruction, resisting arrest, or harming a police officer or other law enforcement officer;  Conduct that poses a genuine danger to the safety and well-being of another person; and  Conduct that undermines or puts at risk the integrity of the NFL, NFL clubs, or NFL personnel. 3 PCP – LPP 2018

Bolded is all it takes and that should not have anything to do with the 4 claims that were presented to Robinson. NFL shows how negativity from public impacts integrity. That cannot be disputed and has nothing to do with owners.
 
Great post. Well said. There is one who haven't settled and if she does, what's left. Solis, the 1st one to come forward, I wonder if she settled.


There's still two unsettled cases, I don't recall if Solis is one of them.

There are also still 6 cases out there that haven't been filed yet - they could each file civil and criminal charges. they've been "pending" for a while.

They are part of the 30 who the team did settle with.
 
I still don't understand why DW forcing or not has anything to do with his suspension. Per CBA's conduct code:


Bolded is all it takes and that should not have anything to do with the 4 claims that were presented to Robinson. NFL shows how negativity from public impacts integrity. That cannot be disputed and has nothing to do with owners.
And how many times have I pointed this same thing out? :mcnugget:
 
The NFL should not have had to specifically claim PHYSICAL FORCE. The judge, having had access to the findings of the investigations should have been able to conclude the same on her own.........without the claim by the NFL. As much as has been credited to the "advantage" of having an ex-federal judge overseeing the process, she has certainly failed to thoroughly assess materials and attain conclusions beyond what has been spoon-fed to her.
 
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There's still two unsettled cases, I don't recall if Solis is one of them.

There are also still 6 cases out there that haven't been filed yet - they could each file civil and criminal charges. they've been "pending" for a while.

They are part of the 30 who the team did settle with.
I believe that there is only one unsettled case. From what I have been able to determine, Solis was one of the settled cases.
 
The NFL should not have had to specifically claim PHYSICAL FORCE. The judge, having had access to the findings of the investigations should have been able to conclude the same on her own.........without the claim by the NFL. As much as has been credited to the "advantage" of having an ex-federal judge overseeing the process, she has certainly failed to thoroughly assess materials and attain conclusions beyond what has been spoon-fed to her.

Not sure I really agree, lets not forget that ultimately, as you pointed out several times before, her job is to determine "guilt" or not. I was actually surprised she levied any punishment as my understanding was that really wasn't her job. My understanding was that her job is to say "No X is not guilty of anything" in which case its done and the NFL can't go any further or "Yes X is guilty of what is being claimed" in which case the NFL, in the form of Goodell, has a blank check to punish anyway they want.
 
She said she thought Derrick lied to her. That in it self is reason for more than a 6 game suspension. She thinks he did this to those women and still recommended a light punishment.

Why do you care about management so much. Who cares if irsay had coke. I normally don't care what players do on their own time. But even I draw the line at murder/sexual predator.
Lied about what, the erection part or did I read that wrong?
 
The NFL still being pictured as being afraid of a Fed lawsuit.............despite virtuallly every sports legal mind saying that move would be a losing battle from the beginning.

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Ian Rapoport Reveals Latest On Possible NFL Appeal Of Deshaun Watson Punishment

BEREA, OHIO - MAY 25: Deshaun Watson #4 of the Cleveland Browns looks on during Browns OTAs at CrossCountry Mortgage Campus on May 25, 2022 in Berea, Ohio. (Photo by Nick Cammett/Getty Images)

Earlier this week, Judge Sue L. Robinson suspended Cleveland Browns quarterback Deshaun Watson six games for violating the NFL's personal-conduct policy,

Since Robinson's ruling was announced, focus has shifted to whether or not the NFL will appeal and try to institute a harsher punishment. As of this morning, there has been no indication of their decision.

"The reality is, no one knows at this point in time," NFL Network's Ian Rapoport said of whether or not the league will appeal. "There's so much that the league has to consider about whether or not they want to appeal."

Rapoport made it clear that the NFL feels Watson should face a longer suspension, but they must weigh if seeking one is worth the possibility of the situation hanging over the league during the regular season and/or Watson taking them to court.

Rapoport's colleague Tom Pelissero said on Monday that if NFL commissioner Roger Goodell were to issue a lengthier suspension, he would "certainly expect the NFLPA to examine all options, including suing in federal court."
 
Punt. Your ball NFL.

In her 16-page report, Robinson suggested that Watson deserved tougher discipline but said that the league’s own guidelines — including the line it drew between violent and nonviolent offenses — limited her authority to recommend a stiffer penalty. So she invited Commissioner Roger Goodell, who has that authority as an appeals officer, to seek a stricter punishment even if it is challenged by Watson and the players union in federal court.

 
The NFL still being pictured as being afraid of a Fed lawsuit.............despite virtuallly every sports legal mind saying that move would be a losing battle from the beginning.

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Ian Rapoport Reveals Latest On Possible NFL Appeal Of Deshaun Watson Punishment

BEREA, OHIO - MAY 25: Deshaun Watson #4 of the Cleveland Browns looks on during Browns OTAs at CrossCountry Mortgage Campus on May 25, 2022 in Berea, Ohio. (Photo by Nick Cammett/Getty Images)

Earlier this week, Judge Sue L. Robinson suspended Cleveland Browns quarterback Deshaun Watson six games for violating the NFL's personal-conduct policy,

Since Robinson's ruling was announced, focus has shifted to whether or not the NFL will appeal and try to institute a harsher punishment. As of this morning, there has been no indication of their decision.

"The reality is, no one knows at this point in time," NFL Network's Ian Rapoport said of whether or not the league will appeal. "There's so much that the league has to consider about whether or not they want to appeal."

Rapoport made it clear that the NFL feels Watson should face a longer suspension, but they must weigh if seeking one is worth the possibility of the situation hanging over the league during the regular season and/or Watson taking them to court.

Rapoport's colleague Tom Pelissero said on Monday that if NFL commissioner Roger Goodell were to issue a lengthier suspension, he would "certainly expect the NFLPA to examine all options, including suing in federal court."
Pretty much what I stated earlier. If the NFL add games, which I think makes sense, at least 2 more, then it violates the cba. I don't envy Goddell despite him make 50m a year. I've said the best way to assure a commissioner is fair on both fronts is the way the nba handles it. Both the nbapa and owners pay Silver's salary. I think that puts the man in charge in the middle vs who pays him. JMO
 
The NFL should absolutely appeal. I don’t give a damn if it goes into the reg season or becomes a PR drag on the league. Sometimes you do the right thing simply because it’s the right thing. Ya I know…we are talking about the shield, so we’ll see. But I will be brutally disappointed if Goodell doesn’t step up to the plate and take his swing.
 
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I have zero skin in this situation…..so if the NFL is all bluster and winds up standing behind the 6 game suspension, yippee. If the NFL and Goodell win an appeal and successfully get a 1 year suspension, then I’ll give a resounding yippee b/c the Texans picks from the Browns should be in a very good position if Brissette plays up to his NFL QB’ing history thus far.

I didn’t mention Buzbee’s clients b/c the criminal side of this has been decided. Buzbee and his clients got the financial settlements they were all willing to live with, so this part has been decided as well. The NFL and Goodell are not in any position to include any misguided legal failure retribution in their decision.

Their appeal and punishment could only be based on what was presented to and discovered by the NFL…..otherwise Watson and his team would have their ammunition for an appeal. Watson got 6 games, Goodell may want a year, and they probably settle on an additional 2 games so both sides feel like they got a small victory in the end.
 
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NFL appealing!!! Still hope for the Browns to stink and us to get a top 10ish Browns pick next year. As I've predicted owners are furious not only about the perception damage to the NFL with his behavior, they are also furious about him quitting on the Texans (NBA style) and the fully guaranteed contract and only 1M upfront. Don't play with billionaires and their $. Only the Browns and Watson benefit from a light punishment like 6 games and no fine. He needs to and it looks like he will get HAMMERED. I wouldn't be surprised if it is something like 20 games + a fine to make him pay dearly in time on field and get some of that $ back.
 
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Pretty much what I stated earlier. If the NFL add games, which I think makes sense, at least 2 more, then it violates the cba. I don't envy Goddell despite him make 50m a year. I've said the best way to assure a commissioner is fair on both fronts is the way the nba handles it. Both the nbapa and owners pay Silver's salary. I think that puts the man in charge in the middle vs who pays him. JMO
I'm not following that at all.
 
We shall see. I always thought it would be 12 at least.

The new CBA gives power to determine guild to a third party but if that guilt is determined then all power goes back to the NFL. The union agreed to this and have not shown a willingness to fight it beyond not wanting Goodel to be Judge and Jury. As one person on twitter pointed out the vast majority of players the union represent are making league minimal and will be out in 3 years. Issues like this affect a very small part of their members so odds are when it comes time to hash out a new deal this isn’t one of their priorities.
 
3 first round picks. Someone gave up 3 first round picks for this headache.
OK this is a bit off topic but it's far more important to me and probably most of us here:
Is there any more talk or rumors about any of the Texans picks being in jeopardy because of this mess ?
 
If the NFL add games, which I think makes sense, at least 2 more, then it violates the cba.

New March 2020 CBA:

The area where the commissioner’s role will be reduced is in the determination of discipline under the personal conduct policy. For those disciplinary cases, the commissioner will no longer make the initial determination of whether discipline is warranted. Instead, fines or suspensions under the personal conduct policy will be “initially determined” by a Disciplinary Officer “jointly selected” by the parties. The officer will be the same for all cases and serve a minimum term of two years, unless discharged by either party upon 120 days’ notice. This could turn into a “revolving door” scenario whenever either side perceives that the Disciplinary Officer is partial to one party.

But don’t confuse this arbitrator with the “final arbitrator.” This person will only make the initial determination of discipline. Final determinations will continue to remain within the sole province of the commissioner, who will hear all appeals of disciplinary decisions made by the Disciplinary Officer.
 
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