Highlights from Sue L. Robinson's ruling on Browns quarterback Deshaun Watson's suspension

In her 16-page report, former U.S. District Judge Sue L. Robinson did not dispute that the NFL proved its three arguments against Browns quarterback Deshaun Watson and decided he clearly violated the league’s personal conduct policy.

The independent arbiter said Watson’s conduct cast a negative light on the league and its players. She denounced him for his “lack of expressed remorse” and “his tardy notice to the NFL of the first-filed lawsuit,” but cited his “excellent reputation in his community,” his status as a first-time offender, his cooperation in the investigation and the fact that he paid restitution as mitigating factors.

Twenty-four women filed civil suits against Watson accusing him of sexual misconduct during massage appointments. By late Sunday night, he had settled all but one of those.

“Despite having access to team-provided and approved massage therapists, Mr. Watson sought out private massages and, according to the NFL, “used his status as an NFL player as a pretext to engage in a premeditated pattern of predatory behavior toward multiple women,”” Robinson wrote.

But in announcing Watson’s six-game suspension Monday, Robinson found no precedent to support the league’s push for at least a year. She pointed out that prior cases “involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here” and mentioned Ray Rice in 2014, which prompted the policy to be rewritten.

She said the league was responding to a “public outcry” and trying to rewrite the policy without notifying the NFL Players Association.

“The NFL may be a “forward-facing” organization, but it is not necessarily a forward-looking one,” Robinson wrote. “Just as the NFL responded to violent conduct after a public outcry, so it seems the NFL is responding to yet another public outcry about Mr. Watson’s conduct. At least in the former situation, the Policy was changed and applied proactively. Here, the NFL is attempting to impose a more dramatic shift in its culture without the benefit of fair notice to — and consistency of consequence for — those in the NFL subject to the Policy.”

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Robinson said the league interviewed 12 of the 24 therapists who filed civil suits against Watson and relied on the testimony of four — three licensed and one working towards her license. The NFL sought to prove that Watson’s conduct during massage appointments qualified as sexual assault, that his conduct posed a genuine danger to the safety and well being of another person and that it undermined or put at risk the integrity of the league.

Here are some highlights of Robinson’s report:

• Robinson found that Watson’s conduct was non-violent and did not fall into the policy’s category that required a minimum six-game suspension.

• She said the most severe penalty for non-violent conduct previously imposed was three games for a player who had been previously warned.

• She wrote that "only two players have been suspended for eight 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."

• While she noted this was the most significant punishment for allegations of non-violent sexual conduct, “Mr. Watson’s pattern of conduct is more egregious than any before reviewed by the NFL.”

• Robinson declined to count towards suspension the fact that Watson sat out the entire 2021 season with the Houston Texans while seeking a trade because NFL Commissioner Roger Goodell declined to put Watson on administrative leave.

• Robinson wrote that much of Watson’s alleged conduct was not “challenged as wrongful.” She mentioned that businesses advertising on Instagram is commonplace, that the focus points Watson wanted in his massages were legitimate for professional athletes and that it is not unusual for therapists to inadvertently contact a male’s penis or for the client to get an erection.

• As a requirement for Watson's reinstatement, Robinson said that Watson should limit his massage therapy to club-approved therapists and club-directed sessions.

• Robinson said Watson was to have “no adverse involvement with law enforcement, and must not commit any additional violations” of the personal conduct policy.

• Robinson directed a message to the league, writing, “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.”

Marla Ridenour can be reached at mridenour@thebeaconjournal.com. Follow her on Twitter at www.twitter.com/MRidenourABJ.

This article originally appeared on Akron Beacon Journal: Deshaun Watson arbiter says suspension must follow policy