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Sexual Assault Suits Against Watson
- Thread starter Texansballer74
- Start date
Porky
Hall of Fame
Since when are the business owners subject to a bargaining agreement with a union? And as someone pointed out, the owners picadillo's were committed prior to this CBA. You think Mr. Butt is subject to the same rules as a cashier or a stocker at HEB?
zshawn10
All Pro
"Finally, I find that the NFL has produced sufficient circumstantial evidence to prove the last prong of the test, that Mr. Watson knew such sexualized contact was unwanted"
"I, therefore, find that the NFL has carried its burden to prove, by a preponderance of the evidence, that Mr. Watson engaged in sexual assault (as defined by the NFL) against the four therapists identified in the Report."
https://www.documentcloud.org/docum...watson-suspension-ruling?responsive=1&title=1
gs27
Veteran
Maybe I am missing something but somebody please explain specifically how the NFL is going easier on the owners than the players regardless of what is in the CBA.
Kraft was caught soliciting prostitution from women who were convicted of prostitution. Big line is the sand to jump through for comparison to Watson who sexually assaulted 24+ women. The women Watson assaulted were NOT prostitutes, that along with the volume of occurrences seems to be the big disconnect here. Is there a precedent of a player being suspended for single case of soliciting prostitution from a prostitute?
Jerry Jones - Not sure what he did that would warrant a suspension. My guess is billionaires get a few sexual assault claims filed against them. So should the precedent for players and owners be if someone files a claim they are suspended or face suspension hearings? Another big line in the sand versus 24+ accusers with text messages backing up claims. Watson case is closer to Nassar than Jones.
Dan Snyder is a POS in hiding and is no longer running his team. What should the NFL do? That is TBD
Jim Irsay was suspended 6 games for a noninjury DUI and drug possession. That seems higher than what a player would get for similar 1st offense. I am assuming there are several noninjury DUI cases with drug possession where player received no suspension.
What am I missing?
Kraft was caught soliciting prostitution from women who were convicted of prostitution. Big line is the sand to jump through for comparison to Watson who sexually assaulted 24+ women. The women Watson assaulted were NOT prostitutes, that along with the volume of occurrences seems to be the big disconnect here. Is there a precedent of a player being suspended for single case of soliciting prostitution from a prostitute?
Jerry Jones - Not sure what he did that would warrant a suspension. My guess is billionaires get a few sexual assault claims filed against them. So should the precedent for players and owners be if someone files a claim they are suspended or face suspension hearings? Another big line in the sand versus 24+ accusers with text messages backing up claims. Watson case is closer to Nassar than Jones.
Dan Snyder is a POS in hiding and is no longer running his team. What should the NFL do? That is TBD
Jim Irsay was suspended 6 games for a noninjury DUI and drug possession. That seems higher than what a player would get for similar 1st offense. I am assuming there are several noninjury DUI cases with drug possession where player received no suspension.
What am I missing?
Well, NFL has three days to appeal.
Nailed it. The ONLY thing the NFL owners care about is MONEY, and they only concern themselves with things that can increase the revenue or things that might threaten that revenue stream.
Literally EVERYTHING the NFL does is carefully calculated to appear as if it's not about the money, but it is ALWAYS about the money.
Women's causes, charity work, cancer, military, social justice issues, Hispanics, etc., are only catered to with "special events" because the NFL knows it's just marketing to get more MONEY.
Bingo. His punishment is that he's a Cleveland Brown. lol
badboy
Hall of Fame
and that is what brings $ to the pot.. lol he has to use all the time as a great contemplative effort..
badboy
Hall of Fame
yep will a Texans win hurt our own pick worse than a Browns win hurt our pick from them?
xtruroyaltyx
Hall of Fame
6 games is a joke.
Mr teX
Hall of Fame
Nailed it. The ONLY thing the NFL owners care about is MONEY, and they only concern themselves with things that can increase the revenue or things that might threaten that revenue stream.
Literally EVERYTHING the NFL does is carefully calculated to appear as if it's not about the money, but it is ALWAYS about the money.
Women's causes, charity work, cancer, military, social justice issues, Hispanics, etc., are only catered to with "special events" because the NFL knows it's just marketing to get more MONEY.
Bingo. His punishment is that he's a Cleveland Brown. lol
But see that's the thing to me tho...Save for a few companies, The NFL in my mind isn't any different from any other sports league or major business corporation. You get as big as the NFL, optics matter more than anything and this brief window of contemplation will be milked for all its worth to give the appearance of care, but they already know this is something they can't really contend with b/c it involves the NFLPA. & there's no way in hell the NFLPA is going to allow Goodell/them run up a year long suspension on DW4 after he has gone through all the proper channels to get the result he did.
As for all the fake outrage, i hope to see a 243 page thread Daniel Snyder and all the poo he's splattered on the NFL shield.
So it’s fake outrage because he is your favorite player. Interesting.
badboy
Hall of Fame
would you settle for a 240+ thread on a Washington talk board as most of what is on this one directly impacts Houston as Snyder doesn't.
Mr teX
Hall of Fame
Actually i don't have a favorite player per se anymore...DW4 got knocked off that mantle the minute he asked for his trade after signing his deal here. But i like alot of guys. It's fake IMO b/c the focus is & has only ever been about the number of alleged victims & the salacious details of what allegedly happened...not actual evidence. The numbers are what Buzzard used to sway public opinion, its what the media has used as "where there's smoke there's fire' talk show fodder for forever..... & its what folks like only want to focus on. Meanwhile Snyder's toxic work enviornment of sexual harrassment & verbal abuse...next to nothing.
Meanwhile you're casually dismissing some key things that played huge.
A. the no-bills. the standard of proof in grand juries for an indictment is only...what, probable cause? Buzzard & only Buzzard got to take his "evidence" & cases thru not 1 but 2 grand juries.............................. they didn't even find enough probable cause for an indictment........instead of respecting the decision you guys resorted to silly assertions that everyone was dumb who sat in on those grand juries...ok.
B. The fact that this was an independent FEDERAL judge who looked at what was presented to her & she...a female who you'd think would be at least somewhat sympathetic...........apparently she didn't even think there was a whole lot there to recommend a harsher suspension. You have to figure that the no-bills factored huge into her decision there.....
Instead what you an other do is say..."well, she's an idiot!" & that goes for any and everyone who don't agree with the pitchfork crew.
You guys just need to let it go and move on.
She ruled he committed sexual assault. And blamed the NFL for not enforcing the rules harshly before. She didn’t disagree with the NFL on his actions. Maybe you should read the ruling.
Also, the NFL has caught him lying twice now.
Mr teX
Hall of Fame
They both impact Houston which is what you fail to understand. You think all the owners aren't paying attention to what is alleged to have happened in Washington and aren't assessing their own teams' FO work enviornments? You think what's going on in Washington didn't factor into Cal and Janice McNair's decisions to settle those lawsuits as quickly as they did?
There's an argument to be made that what's going on with the commanders has more of an impact on the Texans than the DW4's saga. That up there may have just secured Easterby's job here with us for the foreseeable future. What's going on up there may have just created a lane within all NFL front offices for others like Jack Easterby as character coaches / head snitch.
Mr teX
Hall of Fame
Maybe you should read it again. She recommended what she thought was appropriate...but apparently that wasn't enough for you. So at the end of the day, while she may have stated he committed sexual assault, clearly there wasn't enough there for her to feel comfortable recommending more.....& like it or not, i'm pretty sure the no bills on 2 separate GJ's factored into her decision. it was a weak case from jump sensationalized by a clown ass lawyer.
CloakNNNdagger
Hall of Fame
From the Personal Conduct Policy:
"In investigating a potential violation, the league may rely on information obtained by law enforcement agencies, court records, or independent investigations conducted at the direction of the NFL. League and team employees including players are required to cooperate in any such investigation and are obligated to be fully responsive and truthful in responding to requests from investigators for information (testimony, documents, physical evidence, or other information) that may bear on whether the Policy has been violated. A failure to cooperate with an investigation or to be truthful in responding to inquiries will be separate grounds for disciplinary action."
**************************************
The NFL has more than enough reason to appeal..............and additional solid basis to seek and obtain a 1 year indefinite suspension.
How is it weak when she clearly states he committed sexual assault and went into those sessions with sexual intent? You do realize had Buzbee taken these cases to trial he would have won and won BIG right? One could argue Buzbee SAVED Watson money.
badboy
Hall of Fame
Let me clarify Houston FANS don't care enough about Snyder to write 240+ pages..
CloakNNNdagger
Hall of Fame
The NFL in the end admitted that Brady and the Pats were ultimately punished (fined, suspended, loss of 2 Draft picks) for lying to investigators, not for deflating footballs.
Mr teX
Hall of Fame
Lol, b/c we all know that's what he was trying to do was save DW4 money...
. Come off it dude. At every turn in this entire saga you've come out looking foolish. & fortunately for us & the justice system "intent" isn't exactly a crime in most circumstances.
Mr teX
Hall of Fame
You could argue most Houston sports fans don't care enough about this or the Texans for that matter to have it run 240 pages. Its a few overzealous folks..but i digress. Yet every time i come to this website there this thread is sitting atop the forum.
CloakNNNdagger
Hall of Fame
leebigeztx
Keep it Movin!
The nfl doesn't care about anything but the money. Its just like the fake patriotism they claim until its revealed the military pays the nfl for the flyovers and the flag ceremonys. Thats enough proof that they don't care about anything except money. They don't care about the women or thousands of fans who no longer watch or come to games. They sell the television rights like gold which tells the strength of the their game.
leebigeztx
Keep it Movin!
Whoever said it was a win either way? Just asking
CloakNNNdagger
Hall of Fame
Judge Robinson rejected Deshaun Watson’s categorical denial of the allegations against him
Posted by Mike Florio on August 1, 2022, 2:36 PM EDT
The full, 15-page decision in the Deshaun Watson case has been released. You can read it here.
And you should. It’s largely devoid of legalese and other jargon. But if you can’t or won’t read it (or if you did and you want our take on it), we’ll be posting several items regarding what it means, and where things may go from here.
For starters, one thing that seemed very significant is that Judge Robinson concluded, in the most tactful way possible, that Watson didn’t tell the truth when testifying. As noted at page 7, Watson declined to concede that he developed erections during massages, or that he inadvertently touched therapists with his penis. Judge Robinson wrote that he “categorically denied the allegations against him, including that he ever developed an erection during a massage.”
Then there’s this extremely important sentence: “It is difficult to give weight to a complete denial when weighed against the credible testimony of the investigators who interviewed the therapists and other third parties.”
In other words, Judge Robinson doesn’t believe him. She doesn’t believe him because the accounts from the accusers were, as explained in footnote 25 on page seven, “substantially corroborated” by “contemporaneous text messages and discussions with third parties after their interactions with Mr. Watson.” Also, as mentioned in footnote 26 on that same page, “some massage therapists who publicly supported Mr. Watson stated that he had become erect during sessions with them.”
This becomes critical to a potential appeal because the facts, as determined by Judge Robinson, become binding on both sides if/when the Commissioner or his designee are considering the ultimate punishment. Although Judge Robinson stopped short of being as blunt and candid as she could have been, the Commissioner could declare in the final written decision that Watson lied while testifying when he denied any wrongdoing and made the broad claim that he never had an erection during a massage.
Thus, even though the outcome was better for Watson than many had expected, the factual findings made by Judge Robinson could give the Commissioner everything he needs to justify a stronger suspension. Indeed, Judge Robinson affirmatively found by a preponderance of the evidence (i.e., more likely than not) that Watson engaged in non-violent sexual assault, that his conduct endangered the safety and well-being of another person, and that his behavior undermined or put at risk the integrity of the NFL.
Those factual findings could ultimately fuel an outcome on appeal that Watson and the NFLPA won’t like, at all.
Posted by Mike Florio on August 1, 2022, 2:36 PM EDT
The full, 15-page decision in the Deshaun Watson case has been released. You can read it here.
And you should. It’s largely devoid of legalese and other jargon. But if you can’t or won’t read it (or if you did and you want our take on it), we’ll be posting several items regarding what it means, and where things may go from here.
For starters, one thing that seemed very significant is that Judge Robinson concluded, in the most tactful way possible, that Watson didn’t tell the truth when testifying. As noted at page 7, Watson declined to concede that he developed erections during massages, or that he inadvertently touched therapists with his penis. Judge Robinson wrote that he “categorically denied the allegations against him, including that he ever developed an erection during a massage.”
Then there’s this extremely important sentence: “It is difficult to give weight to a complete denial when weighed against the credible testimony of the investigators who interviewed the therapists and other third parties.”
In other words, Judge Robinson doesn’t believe him. She doesn’t believe him because the accounts from the accusers were, as explained in footnote 25 on page seven, “substantially corroborated” by “contemporaneous text messages and discussions with third parties after their interactions with Mr. Watson.” Also, as mentioned in footnote 26 on that same page, “some massage therapists who publicly supported Mr. Watson stated that he had become erect during sessions with them.”
This becomes critical to a potential appeal because the facts, as determined by Judge Robinson, become binding on both sides if/when the Commissioner or his designee are considering the ultimate punishment. Although Judge Robinson stopped short of being as blunt and candid as she could have been, the Commissioner could declare in the final written decision that Watson lied while testifying when he denied any wrongdoing and made the broad claim that he never had an erection during a massage.
Thus, even though the outcome was better for Watson than many had expected, the factual findings made by Judge Robinson could give the Commissioner everything he needs to justify a stronger suspension. Indeed, Judge Robinson affirmatively found by a preponderance of the evidence (i.e., more likely than not) that Watson engaged in non-violent sexual assault, that his conduct endangered the safety and well-being of another person, and that his behavior undermined or put at risk the integrity of the NFL.
Those factual findings could ultimately fuel an outcome on appeal that Watson and the NFLPA won’t like, at all.
maverick512000
Hall of Fame
Dude, have you missed where he was sued 24 times and has already settled 23 of them? I suppose that could be considered a loss in the sense he had to pay money but come on man its time to let it go. The DA didn't dog Watson like you thought, the FBI isn't looking to file charges, the NFL isn't out to make sure he never plays again and the independent abitur didn't make an example out of him. This isn't a Perry Mason movie where at the last second new evidence is found or a witness comes forward with the smoking gun and justice is served. This is real life and fact is in real life the rich and famous are not held to the same standards as everyone else.
maverick512000
Hall of Fame
Doc the NFL wasn't even willing to put him on the CEL and have been happy to let him sit back and make millions so long as he didn't take the field. It was only once they realized that Browns were actually going to play him that they took steps. What makes you think they aren't happy with 6 games or maybe 8 if Goodell gets to feeling froggy.
Let it go? The NFL has yet to say if they will appeal. The process is not finished until beyond that. I will do as I please.
Mr teX
Hall of Fame
& if they don't or they only get a few more games to make it 8 are they "stupid" too?
Where you at bro, i need to send Powda over there to do a welfare check on you...
CloakNNNdagger
Hall of Fame
Early on, many of us were questioning why Watson wasn't placed on the CEL. I then posted the requirements for a player to be placed on the list. He simply did not meet those requirements
Max
Veteran
Sue Robinson's full rationale for 6 game suspension (looks like she looked at previous discipline after all):
www.documentcloud.org
Deshaun Watson Suspension Ruling
www.documentcloud.org
CloakNNNdagger
Hall of Fame
Exactly what I would have expected from the honorable Haslam family. Where is Watson? The judge specifically stated that he has a “lack of expressed remorse.”
Max
Veteran
CloakNNNdagger
Hall of Fame
Florio:
"Speaking of credibility, Judge Robinson politely and tactfully concluded that Watson has none, at least not when it comes to his categorical denial of the accusations made against him. And that’s a pretty important point. In Judge Robinson’s assessment, he failed to tell the truth, the whole truth, and nothing but the truth on the most significant aspect of the entire situation. If the Haslams truly respect and accept Judge Robinson’s decision, they’re respecting and accepting the fact that, in her professional assessment, Deshaun Watson’s testimony wasn’t believable."
"Speaking of credibility, Judge Robinson politely and tactfully concluded that Watson has none, at least not when it comes to his categorical denial of the accusations made against him. And that’s a pretty important point. In Judge Robinson’s assessment, he failed to tell the truth, the whole truth, and nothing but the truth on the most significant aspect of the entire situation. If the Haslams truly respect and accept Judge Robinson’s decision, they’re respecting and accepting the fact that, in her professional assessment, Deshaun Watson’s testimony wasn’t believable."
CloakNNNdagger
Hall of Fame
Max
Veteran
After reading Sue's entire decision, it's quite clear that she is unhappy that the CBA makes no effort to define any of the prohibited conduct. Something they might want to clean up, especially if they plan on keeping Judge Robinson around:
www.documentcloud.org
Deshaun Watson Suspension Ruling
www.documentcloud.org
Porky
Hall of Fame
Watson has gamed the system from the start. He's played the NFL, the fans, these women, the lawyers, the court system, his teammates - and he's come out smelling like a fresh rose, with barely any damage to his perfect little petals.
CloakNNNdagger
Hall of Fame
The Full Sue Robinson Decision & Summary of Her Reasoning on Deshaun Watson Suspension
Amy Dash |
Aug 1, 2022
Former Judge Sue Robinson issued her decision Monday, suspending Deshaun Watson six games. Here is her reasoning and a summary of her major findings. Her full decision is embedded below.
The Process
Out of more than 60 massages with different therapists, the NFL investigated just twenty-four allegations of sexual misconduct. Of the twenty-four complainants, the NFL only interviewed twelve women. Of the twelve, it relied on the testimony of four women for the arbitration, to support its conclusions. The NFL also presented substantial documentary evidence and interviewed thirty-seven other people. It issued a 215 page investigative report and employed two investigators with decades of experience.
The NFL’s Allegations in Arbitration
The NFL lawyers accused Watson of using “his status as an NFL player as a pretext to engage in a premeditated pattern of predatory behavior toward multiple women,” despite having access to massage therapists through the Houston Texans.
The NFL said Watson had a modus operandi or pattern of conduct which included these steps:
First:
“Mr. Watson identified himself from the outset of each encounter as a quarterback for the NFL via an Instagram inquiry for a massage. Mr. Watson’s requests were typically “urgent,” wanting to schedule a massage that day. He was not looking for a professional setting and often inquired as to whether the massage would be “private.” Mr. Watson admitted that he was not concerned whether the women were experienced massage therapists or even licensed.”
Next:
“Mr. Watson would follow his Instagram contact with texts or calls before each session to make sure that the therapists were comfortable massaging certain areas of his body, particularly his lower back, glutes, abs, and groin area (his “focus points”). Mr. Watson requested that the therapists use a towel to cover his private parts rather than the more typically used sheet. Mr. Watson often provided his own towels, which have been variously described as “medium/small” towels or “Gatorade” towels. Once in the massage sessions, each of the therapists allege that Mr. Watson engaged in what the NFL has characterized as “sexualized behavior.” This behavior includes Mr. Watson’s insistence that the therapists work on his focus points with just a towel as cover. When he turned over on his back, it is alleged that Mr. Watson exposed his erect penis and purposefully contacted the therapists’ hands and arms multiple times with his erect penis. One of the therapists alleges that Mr. Watson not only contacted her arm multiple times, but that he ejaculated on her arm. There is no allegation that Mr. Watson exerted any force against any of the therapists.
The Alleged Personal Conduct Policy Violations
The NFL accused Watson of violating three areas of the personal conduct policy:
(1) sexual assault;
(2) conduct that poses a genuine danger to the safety and well-being of another person; and
(3) conduct that undermines or puts at risk the integrity of the NFL
Robinson’s Gripes With the PCP
Robinson says “sexual assault” is not defined in the NFL personal conduct policy. She deems this to be unfair because it does not give players fair notice of the consequences of pre-outlined behavior.
However, Robinson still adopts the NFL’s definition of “sexual assault,” because, essentially, it is the NFL’s policy.
The NFL’s Definition of Sexual Assault
The NFL defines sexual assault as “unwanted sexual contact with another person.”
The NFL contends that Mr. Watson committed sexual assault by allegedly “touching [his] penis to the women without their consent.”
NFL’s Burden of Proof
The NFL had to prove that it is more likely true than not that:
(1) Mr. Watson intended to cause contact with his penis;
(2) he did so for a sexual purpose; and
(3) he knew that such contact was unwanted.
Robinson’s Findings on Sexual Assault Allegations
Robinson finds that it is not unusual for people to advertise massage services on Instagram or for professional athletes to want areas near their groins massaged for athletic purposes. She also says it is not unusual for therapists to inadvertently touch genitals and men to get erections on occasion during massages.
Watson denied ever getting any erections in the arbitration.
Based on the evidence Robinson found it is more probable than not that Mr. Watson did have erections and that his erect penis contacted the therapists.
Robinson says:
“The therapists’ accounts are substantially corroborated by such evidence as contemporaneous text messages and discussions with third parties after their interactions with Mr. Watson.”
She also said, some therapists who publicly supported Watson also confirmed that they saw him become erect during massage sessions.
Robinson’s Findings on Watson’s Intent
Robinson finds that it is more probable than not that Watson intended the sexual contact and sought out massages for that purpose.
“In this case, Mr. Watson reached out to women whose professional qualifications were unknown and unimportant to him. 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.”
Robinson’s Findings on Whether the Sexual Contact Was Unwanted
Robinson again finds in favor of the NFL, writing:
“I find that the NFL has produced sufficient circumstantial evidence to prove the
last prong of the test, that Mr. Watson knew such sexualized contact was unwanted. Of course,
there is no indication on the record that even experienced therapists “want” such contact, and Mr. Watson certainly did not seek out the most experienced therapists. Moreover, there is credible evidence that one of the therapists expressed her discomfort of the unwanted contact to Mr. Watson during the sessions, and another of the therapists ended the session early.
28 Given that none of these therapists accepted Mr. Watson’s invitations to engage in further therapy sessions, I find the evidence sufficient to demonstrate that Mr. Watson knew, or should have known, that any contact between his penis and these therapists was unwanted.”
She continues, “To put the point another way, the record demonstrates that Mr. Watson had a reckless disregard for the consequences of his conduct, which I find equivalent to intentional conduct.”
Robinson’s Findings Regarding Whether Sexual Assault Occurred
Robinson finds that Watson did sexually assault four women but that the sexual assault was not violent. She does not examine the other twenty accusers cases because she was limited to only those cases brought before her by the NFL, which were four allegations.
She writes: “I, therefore, find that the NFL has carried its burden to prove, by a preponderance of the evidence, that Mr. Watson engaged in sexual assault (as defined by the NFL) against the four therapists identified in the Report.”
Robinson’s Findings Regarding Whether Watson Posed A Genuine Danger To People
Robinson again found in favor of the NFL and concluded that Watson’s conduct posed a genuine danger to the safety and well-being of the four women.
Robinson takes issue with the fact that the NFL doesn’t define “genuine danger to the safety and well-being of another person” in its policy. She says the NFL defined the term broadly during the arbitration. But she ultimately adopts its definition because, again, it is the NFL’s prerogative to enforce its own policy.
“The NFL asserted that the therapists were “fearful” of Mr. Watson’s ability to “use his status as an NFL player to damage their professional careers.” Further evidence identified by the NFL in support of this offense includes testimony from the four therapists: (1) one of the therapists told the investigators that she sought counseling after her session with Mr. Watson and is struggling to work; (2) another of the therapists reported that she was frustrated, upset, and embarrassed after the session; (3) a third therapist testified that she changed her business practices and suffered from depression and sleeplessness as a result of incident; and (4) the fourth therapist remained uncertain whether she would continue to pursue a career in massage therapy.”
Robinson writes more generally, “I accept the fact that a work environment with sexualized conduct is not a safe environment, and I accept as credible the testimony of these therapists that they felt unsafe and suffered emotional distress as a result of their massage sessions with Mr. Watson.”
Robinson’s Findings Regarding Whether Watson’s Conduct Was Detrimental To The NFL
Robinson finds in favor of the NFL that Watson’s conduct undermines the integrity of the NFL.She finds it reasonable that the NFL expands that definition beyond the Tom Brady case, where it was invoked regarding matters on the field, and also applies it to a player’s private life. She says that is appropriate when that player invokes his status as an NFL player while engaging in prohibited conduct. She believes Watson used his status as an NFL player to do just that.
She writes, “In this regard, the NFL has demonstrated that Mr. Watson identified himself as a player for the NFL to initiate contact with the therapists, and used his ties to the Texans to reinforce his requests for massages focused on his lower back, glutes, abs, and groin area. Having established himself in this context, the NFL has further demonstrated that Mr. Watson engaged in sexualized conduct during the massage sessions. I find this evidence sufficient to demonstrate that Mr. Watson’s conduct undermined the integrity of the NFL in the eyes of the therapists. Mr. Watson’s conduct also has been scrutinized on a national level, as Mr. Watson’s
alleged conduct has been a matter of public record and discourse over an extended period of
time. Regardless of my findings, it is apparent that Mr. Watson acted with a reckless disregard
for the consequences of his actions by exposing himself (and the NFL) to such public scrutiny
and speculation. Mr. Watson’s predatory conduct cast “a negative light on the League and its
players,” sufficient proof that he violated this provision of the Policy.”
The Punishment Desired by the NFL
The league wanted a one-year indefinite suspension and for Watson not to be allowed to be reinstated unless he met certain conditions.
Robinson writes:
“The NFL’s reasoning is reflected in the following testimony of one of its
investigators: “[E]ven with just the four [women], I think we haven’t had someone who over the course of a year-plus time . . . [committed] sexual assault against four different people, and he uses, again, invokes the league in some ways of doing so. That in and of itself is unprecedented.”
Robinson’s Punishment & Reasoning
Robinson finds that Watson’s conduct does not fall into the category of violent sexual conduct that would merit a minimum six game suspension per offense. She compares his case to past discipline of players who were given six games up to ten games but says that in those instances it was for multiple incidents of violent conduct.
She writes:
“by far the most commonly-imposed discipline for domestic or
gendered violence and sexual acts is a 6-game suspension. Only two players have been
suspended for 8 games, one for multiple incidents of domestic violence and the second for the
assault of multiple victims. A single player has been suspended for 10 games, for multiple
incidents of domestic violence for which the player pled guilty to battery.”
She continued,
“It likewise is undisputed that prior cases involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here, with the most severe penalty being a 3-game suspension for a player who had been previously warned about his conduct.”
“There is testimony from one of the investigators that the recommended discipline is warranted because nonviolent sexual assault may cause harmful “after-effects” such as victims “no longer trust[ing] their instincts,”suffering from persistent “humiliat[ion],” and “feel[ing] unsafe to do their jobs.” It was conceded, however, that the
same after-effects would result from acts of domestic violence.”
While Robinson admits, it would be appropriate to discipline players for non-violent sexual conduct, more severely, she doesn’t think it’s appropriate at this juncture because no notice was given under the policy. This is similar to what happened with Ray Rice. Robinson is saying that a minimum six game suspension should be outlined going forward for non-violent sexual contact and defined to place players on notice. She does not believe that such a suspension should be more than six games, without placing a player on notice of what the punishment will be for non violent sexual contact.
While it is debatable whether being ejaculated on or physically touched by a penis is “non-violent,” Robinson says it is an undisputed fact in the context of the arbitration that there was no force. She says the NFL did not allege that there was force. Many states do define assault as physical contact and in some cases, mere threats of contact even without physical touch, whether perceived or verbal but it varies based on the jurisdiction.
Robinson writes:
“The concepts of “unfairness” and “selectivity” demand notice in this case.
Although I have found Mr. Watson to have violated the Policy, I have done so using the NFL’s
post-hoc definitions of the prohibited conduct at issue. Defining prohibited conduct plays a
critical role in the rule of law, enabling people to predict the consequences of their behavior. It is inherently unfair to identify conduct as prohibited only after the conduct has been committed, just as it is inherently unjust to change the penalties for such conduct after the fact.”
Robinson specifically sites the Ray Rice case and points out that a Judge wouldn’t allow the NFL to retroactively impose its new six game minimum suspension on Rice, after it reformed its policy because he did not have prior notice.
Robinson Considers Other Factors In Deciding Discipline Length
“With respect to what the appropriate discipline should be, I note that there are
aggravating factors applicable to Mr. Watson, that is, his lack of expressed remorse and his tardy notice to the NFL of the first-filed lawsuit. As to mitigating factors, he is a first-offender and had an excellent reputation in his community prior to these events. He cooperated in the
investigation and has paid restitution. Although Mr. Watson did not play during the 2021
season, the Commissioner declined to put him on administrative leave under which any games
missed would be credited against any suspension later imposed.”
Robinson’s Conclusion and Recommendations Moving Forward
Robinson calls Watson’s behavior the most “egregious” pattern of conduct in NFL history , investigated by the NFL.
“Mr. Watson is hereby suspended for six (6) regular-season games without pay. Although
this is the most significant punishment ever imposed on an NFL player for allegations of
non-violent sexual conduct, Mr. Watson’s pattern of conduct is more egregious than
any before reviewed by the NFL.”
“Recognizing that the only discipline mentioned in the CBA is a fine or suspension, I
nevertheless believe it appropriate for Mr. Watson to limit his massage therapy to Club directed sessions and Club-approved massage therapists for the duration of his career,
and so impose this mandate as a condition to his reinstatement.”
“Mr. Watson is to have no adverse involvement with law enforcement, and must not
commit any additional violations of the Policy.”
Robinson Claims The PCP Applies to Owners
While there has been no indication that the PCP applies to owners or has been equally applied to owners, Robinson says it theoretically is applicable.
“I note in this regard that the Policy is equally applicable to players and team owners and management. The NFLPA questions whether it is “fair and consistent” to severely punish Mr. Watson for his non-violent sexual conduct and not even charge various team owners who have been accused of similar or worse conduct.”
Aug 1, 2022
Former Judge Sue Robinson issued her decision Monday, suspending Deshaun Watson six games. Here is her reasoning and a summary of her major findings. Her full decision is embedded below.
The Process
Out of more than 60 massages with different therapists, the NFL investigated just twenty-four allegations of sexual misconduct. Of the twenty-four complainants, the NFL only interviewed twelve women. Of the twelve, it relied on the testimony of four women for the arbitration, to support its conclusions. The NFL also presented substantial documentary evidence and interviewed thirty-seven other people. It issued a 215 page investigative report and employed two investigators with decades of experience.
The NFL’s Allegations in Arbitration
The NFL lawyers accused Watson of using “his status as an NFL player as a pretext to engage in a premeditated pattern of predatory behavior toward multiple women,” despite having access to massage therapists through the Houston Texans.
The NFL said Watson had a modus operandi or pattern of conduct which included these steps:
First:
“Mr. Watson identified himself from the outset of each encounter as a quarterback for the NFL via an Instagram inquiry for a massage. Mr. Watson’s requests were typically “urgent,” wanting to schedule a massage that day. He was not looking for a professional setting and often inquired as to whether the massage would be “private.” Mr. Watson admitted that he was not concerned whether the women were experienced massage therapists or even licensed.”
Next:
“Mr. Watson would follow his Instagram contact with texts or calls before each session to make sure that the therapists were comfortable massaging certain areas of his body, particularly his lower back, glutes, abs, and groin area (his “focus points”). Mr. Watson requested that the therapists use a towel to cover his private parts rather than the more typically used sheet. Mr. Watson often provided his own towels, which have been variously described as “medium/small” towels or “Gatorade” towels. Once in the massage sessions, each of the therapists allege that Mr. Watson engaged in what the NFL has characterized as “sexualized behavior.” This behavior includes Mr. Watson’s insistence that the therapists work on his focus points with just a towel as cover. When he turned over on his back, it is alleged that Mr. Watson exposed his erect penis and purposefully contacted the therapists’ hands and arms multiple times with his erect penis. One of the therapists alleges that Mr. Watson not only contacted her arm multiple times, but that he ejaculated on her arm. There is no allegation that Mr. Watson exerted any force against any of the therapists.
The Alleged Personal Conduct Policy Violations
The NFL accused Watson of violating three areas of the personal conduct policy:
(1) sexual assault;
(2) conduct that poses a genuine danger to the safety and well-being of another person; and
(3) conduct that undermines or puts at risk the integrity of the NFL
Robinson’s Gripes With the PCP
Robinson says “sexual assault” is not defined in the NFL personal conduct policy. She deems this to be unfair because it does not give players fair notice of the consequences of pre-outlined behavior.
However, Robinson still adopts the NFL’s definition of “sexual assault,” because, essentially, it is the NFL’s policy.
The NFL’s Definition of Sexual Assault
The NFL defines sexual assault as “unwanted sexual contact with another person.”
The NFL contends that Mr. Watson committed sexual assault by allegedly “touching [his] penis to the women without their consent.”
NFL’s Burden of Proof
The NFL had to prove that it is more likely true than not that:
(1) Mr. Watson intended to cause contact with his penis;
(2) he did so for a sexual purpose; and
(3) he knew that such contact was unwanted.
Robinson’s Findings on Sexual Assault Allegations
Robinson finds that it is not unusual for people to advertise massage services on Instagram or for professional athletes to want areas near their groins massaged for athletic purposes. She also says it is not unusual for therapists to inadvertently touch genitals and men to get erections on occasion during massages.
Watson denied ever getting any erections in the arbitration.
Based on the evidence Robinson found it is more probable than not that Mr. Watson did have erections and that his erect penis contacted the therapists.
Robinson says:
“The therapists’ accounts are substantially corroborated by such evidence as contemporaneous text messages and discussions with third parties after their interactions with Mr. Watson.”
She also said, some therapists who publicly supported Watson also confirmed that they saw him become erect during massage sessions.
Robinson’s Findings on Watson’s Intent
Robinson finds that it is more probable than not that Watson intended the sexual contact and sought out massages for that purpose.
“In this case, Mr. Watson reached out to women whose professional qualifications were unknown and unimportant to him. 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.”
Robinson’s Findings on Whether the Sexual Contact Was Unwanted
Robinson again finds in favor of the NFL, writing:
“I find that the NFL has produced sufficient circumstantial evidence to prove the
last prong of the test, that Mr. Watson knew such sexualized contact was unwanted. Of course,
there is no indication on the record that even experienced therapists “want” such contact, and Mr. Watson certainly did not seek out the most experienced therapists. Moreover, there is credible evidence that one of the therapists expressed her discomfort of the unwanted contact to Mr. Watson during the sessions, and another of the therapists ended the session early.
28 Given that none of these therapists accepted Mr. Watson’s invitations to engage in further therapy sessions, I find the evidence sufficient to demonstrate that Mr. Watson knew, or should have known, that any contact between his penis and these therapists was unwanted.”
She continues, “To put the point another way, the record demonstrates that Mr. Watson had a reckless disregard for the consequences of his conduct, which I find equivalent to intentional conduct.”
Robinson’s Findings Regarding Whether Sexual Assault Occurred
Robinson finds that Watson did sexually assault four women but that the sexual assault was not violent. She does not examine the other twenty accusers cases because she was limited to only those cases brought before her by the NFL, which were four allegations.
She writes: “I, therefore, find that the NFL has carried its burden to prove, by a preponderance of the evidence, that Mr. Watson engaged in sexual assault (as defined by the NFL) against the four therapists identified in the Report.”
Robinson’s Findings Regarding Whether Watson Posed A Genuine Danger To People
Robinson again found in favor of the NFL and concluded that Watson’s conduct posed a genuine danger to the safety and well-being of the four women.
Robinson takes issue with the fact that the NFL doesn’t define “genuine danger to the safety and well-being of another person” in its policy. She says the NFL defined the term broadly during the arbitration. But she ultimately adopts its definition because, again, it is the NFL’s prerogative to enforce its own policy.
“The NFL asserted that the therapists were “fearful” of Mr. Watson’s ability to “use his status as an NFL player to damage their professional careers.” Further evidence identified by the NFL in support of this offense includes testimony from the four therapists: (1) one of the therapists told the investigators that she sought counseling after her session with Mr. Watson and is struggling to work; (2) another of the therapists reported that she was frustrated, upset, and embarrassed after the session; (3) a third therapist testified that she changed her business practices and suffered from depression and sleeplessness as a result of incident; and (4) the fourth therapist remained uncertain whether she would continue to pursue a career in massage therapy.”
Robinson writes more generally, “I accept the fact that a work environment with sexualized conduct is not a safe environment, and I accept as credible the testimony of these therapists that they felt unsafe and suffered emotional distress as a result of their massage sessions with Mr. Watson.”
Robinson’s Findings Regarding Whether Watson’s Conduct Was Detrimental To The NFL
Robinson finds in favor of the NFL that Watson’s conduct undermines the integrity of the NFL.She finds it reasonable that the NFL expands that definition beyond the Tom Brady case, where it was invoked regarding matters on the field, and also applies it to a player’s private life. She says that is appropriate when that player invokes his status as an NFL player while engaging in prohibited conduct. She believes Watson used his status as an NFL player to do just that.
She writes, “In this regard, the NFL has demonstrated that Mr. Watson identified himself as a player for the NFL to initiate contact with the therapists, and used his ties to the Texans to reinforce his requests for massages focused on his lower back, glutes, abs, and groin area. Having established himself in this context, the NFL has further demonstrated that Mr. Watson engaged in sexualized conduct during the massage sessions. I find this evidence sufficient to demonstrate that Mr. Watson’s conduct undermined the integrity of the NFL in the eyes of the therapists. Mr. Watson’s conduct also has been scrutinized on a national level, as Mr. Watson’s
alleged conduct has been a matter of public record and discourse over an extended period of
time. Regardless of my findings, it is apparent that Mr. Watson acted with a reckless disregard
for the consequences of his actions by exposing himself (and the NFL) to such public scrutiny
and speculation. Mr. Watson’s predatory conduct cast “a negative light on the League and its
players,” sufficient proof that he violated this provision of the Policy.”
The Punishment Desired by the NFL
The league wanted a one-year indefinite suspension and for Watson not to be allowed to be reinstated unless he met certain conditions.
Robinson writes:
“The NFL’s reasoning is reflected in the following testimony of one of its
investigators: “[E]ven with just the four [women], I think we haven’t had someone who over the course of a year-plus time . . . [committed] sexual assault against four different people, and he uses, again, invokes the league in some ways of doing so. That in and of itself is unprecedented.”
Robinson’s Punishment & Reasoning
Robinson finds that Watson’s conduct does not fall into the category of violent sexual conduct that would merit a minimum six game suspension per offense. She compares his case to past discipline of players who were given six games up to ten games but says that in those instances it was for multiple incidents of violent conduct.
She writes:
“by far the most commonly-imposed discipline for domestic or
gendered violence and sexual acts is a 6-game suspension. Only two players have been
suspended for 8 games, one for multiple incidents of domestic violence and the second for the
assault of multiple victims. A single player has been suspended for 10 games, for multiple
incidents of domestic violence for which the player pled guilty to battery.”
She continued,
“It likewise is undisputed that prior cases involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here, with the most severe penalty being a 3-game suspension for a player who had been previously warned about his conduct.”
“There is testimony from one of the investigators that the recommended discipline is warranted because nonviolent sexual assault may cause harmful “after-effects” such as victims “no longer trust[ing] their instincts,”suffering from persistent “humiliat[ion],” and “feel[ing] unsafe to do their jobs.” It was conceded, however, that the
same after-effects would result from acts of domestic violence.”
While Robinson admits, it would be appropriate to discipline players for non-violent sexual conduct, more severely, she doesn’t think it’s appropriate at this juncture because no notice was given under the policy. This is similar to what happened with Ray Rice. Robinson is saying that a minimum six game suspension should be outlined going forward for non-violent sexual contact and defined to place players on notice. She does not believe that such a suspension should be more than six games, without placing a player on notice of what the punishment will be for non violent sexual contact.
While it is debatable whether being ejaculated on or physically touched by a penis is “non-violent,” Robinson says it is an undisputed fact in the context of the arbitration that there was no force. She says the NFL did not allege that there was force. Many states do define assault as physical contact and in some cases, mere threats of contact even without physical touch, whether perceived or verbal but it varies based on the jurisdiction.
Robinson writes:
“The concepts of “unfairness” and “selectivity” demand notice in this case.
Although I have found Mr. Watson to have violated the Policy, I have done so using the NFL’s
post-hoc definitions of the prohibited conduct at issue. Defining prohibited conduct plays a
critical role in the rule of law, enabling people to predict the consequences of their behavior. It is inherently unfair to identify conduct as prohibited only after the conduct has been committed, just as it is inherently unjust to change the penalties for such conduct after the fact.”
Robinson specifically sites the Ray Rice case and points out that a Judge wouldn’t allow the NFL to retroactively impose its new six game minimum suspension on Rice, after it reformed its policy because he did not have prior notice.
Robinson Considers Other Factors In Deciding Discipline Length
“With respect to what the appropriate discipline should be, I note that there are
aggravating factors applicable to Mr. Watson, that is, his lack of expressed remorse and his tardy notice to the NFL of the first-filed lawsuit. As to mitigating factors, he is a first-offender and had an excellent reputation in his community prior to these events. He cooperated in the
investigation and has paid restitution. Although Mr. Watson did not play during the 2021
season, the Commissioner declined to put him on administrative leave under which any games
missed would be credited against any suspension later imposed.”
Robinson’s Conclusion and Recommendations Moving Forward
Robinson calls Watson’s behavior the most “egregious” pattern of conduct in NFL history , investigated by the NFL.
“Mr. Watson is hereby suspended for six (6) regular-season games without pay. Although
this is the most significant punishment ever imposed on an NFL player for allegations of
non-violent sexual conduct, Mr. Watson’s pattern of conduct is more egregious than
any before reviewed by the NFL.”
“Recognizing that the only discipline mentioned in the CBA is a fine or suspension, I
nevertheless believe it appropriate for Mr. Watson to limit his massage therapy to Club directed sessions and Club-approved massage therapists for the duration of his career,
and so impose this mandate as a condition to his reinstatement.”
“Mr. Watson is to have no adverse involvement with law enforcement, and must not
commit any additional violations of the Policy.”
Robinson Claims The PCP Applies to Owners
While there has been no indication that the PCP applies to owners or has been equally applied to owners, Robinson says it theoretically is applicable.
“I note in this regard that the Policy is equally applicable to players and team owners and management. The NFLPA questions whether it is “fair and consistent” to severely punish Mr. Watson for his non-violent sexual conduct and not even charge various team owners who have been accused of similar or worse conduct.”
Max
Veteran
And in case anyone was curious, this is how the NFL defined sexual assault this time:
It'll be interesting to see if they stick with this definition in future cases.
www.documentcloud.org
It'll be interesting to see if they stick with this definition in future cases.
Deshaun Watson Suspension Ruling
www.documentcloud.org