Ex-New Jersey attorney general Peter C. Harvey to hear NFL appeal in Deshaun Watson case

NFL commissioner Roger Goodell has named former New Jersey attorney general Peter C. Harvey as his designee to hear the league's appeal of the six-game suspension in Browns quarterback Deshaun Watson's personal conduct policy case.

The NFL office informed all 32 teams in the league of the decision to have Harvey hear the appeal around 4 p.m. Thursday. It was almost exactly 24 hours after the league submitted its written appeal to the NFL Players Association that it would be appealing the decision released Monday by the jointly appointed disciplinary officer Sue L. Robinson.

"The NFL’s appeal addresses whether, based on the findings made by Judge Robinson, the discipline should be modified to include a professional evaluation and treatment as determined by medical experts, an appropriate fine, and a longer suspension," NFL spokesman Brian McCarthy said in the emailed announcement to the Beacon Journal. "Under the Collective Bargaining Agreement, Mr. Harvey’s written decision 'will constitute the full, final and complete disposition of the dispute and will be binding upon the player(s), Club(s), and parties' to the CBA."

The personal conduct policy states that the appeal will be processed on an expedited basis, but there's no exact timetable for when a final decision will be rendered. It also must be limited to consideration of the terms of discipline imposed by Robinson and based upon a review of the existing record without reference to evidence or testimony not previously considered.

According to the personal conduct policy, Harvey may overturn, reduce, modify or increase the discipline, and the decision will be final. There have been reports that Watson's camp has threatened to file a legal challenge to any suspension, but a source close to the situation denied that was currently the case.

Harvey advised the NFL during its personal conduct investigation into Dallas Cowboys running back Ezekiel Elliott over domestic violence allegations, an investigation which started 2016 and concluded the following year. Elliott was also suspended six games, a ruling that was upheld on appeal, but did lead to a protracted court proceeding that he and the NFLPA ultimately dropped during the 2017 season.

Harvey is now a partner at the New York law firm of Paterson Belknap, as well as a mediator for the United States District Court of New Jersey and the New Jersey Supreme Court. He is also a member of the NFL's Diversity Advisory Committee, where he is a consultant to help with the league's efforts to improve its hiring practices within the head-coaching and senior-executive ranks.

In February 2003, New Jersey governor Jim McGreevey appointed Harvey as the acting attorney general before he eventually was confirmed and sworn in later that year. He was the first African American to hold the office, which he did so until 2006.

"He has deep expertise in criminal law, including domestic violence and sexual assault," the league's statement said, "and has advised the NFL and other professional leagues on the development and implementation of workplace policies, including the NFL’s Personal Conduct Policy.  Mr. Harvey has also served as the Commissioner’s designee in other arbitrations."

Watson, the Browns and the NFLPA have not made any public statements since the NFL's appeal was made known. The NFLPA has until Friday afternoon to respond in writing to the league's appeal, per the collective bargaining agreement.

The NFLPA did not immediately response to messages seeking comment.

The suspension stems from 26 women accusing Watson through the judicial system of sexual misconduct or sexual assault during massage appointments. This is the first case to go through the new NFL disciplinary process, which set up the jointly appointed disciplinary officer as the initial step in the process, that was established by the 2020 CBA.

Robinson's 16-page report stated that Watson violated the personal conduct policy in three ways. It started that Watson "engaged in sexual assault (as defined by the NFL) against the four therapists identified in the Report;" that the NFL "carried its burden to prove, by a preponderance of the evidence, that Mr. Watson’s conduct posed a genuine danger to the safety and well-being of another person;" and that "Watson’s predatory conduct cast 'a negative light on the League and its players,' sufficient proof that he violated this provision of the Policy."

Watson has repeatedly denied any wrongdoing. He has only spoken publicly twice since being acquired by the Browns on March 18, in his introductory press conference and in a June 14 minicamp availability.

The NFL, per reports, is seeking as much as an indefinite suspension of at least a full season. That was the punishment it had originally sought for Watson during the hearings in front of Robinson, which were conducted June 28-30, followed by post-hearing briefs submitted on July 12.

Contact Chris at ceasterling@thebeaconjournal.com.

On Twitter: @ceasterlingABJ

This article originally appeared on Akron Beacon Journal: Peter C. Harvey to hear NFL appeal in Deshaun Watson suspension