What to know as Cleveland Browns QB Deshaun Watson faces NFL disciplinary hearing Tuesday

Tuesday will mark a key date in the NFL disciplinary process against Deshaun Watson.

The Cleveland Browns quarterback and his representation from the NFL Players Association, along with the NFL, will appear in front of former U.S. District judge Sue L. Robinson to determine potential punishment for any violations of the league's Personal Conduct Policy. The hearing is the culmination of a process which started when the NFL launched an investigation into what grew to be 24 lawsuits against Watson in Texas alleging sexual misconduct while getting massages.

To prepare for that hearing, here's a primer on some of the important things to know about what is unfolding both in the NFL disciplinary process, as well as in the civil cases still ongoing in Texas.

Monday brings first suit against Houston Texans

On Monday, more news came out on the legal front as Tony Buzbee, attorney for the 24 women who sued Watson, filed what he called the "first" lawsuit against Watson's former team, the Texans. The suit, which he had hinted at earlier this month, alleges the team enabled Watson's behavior, including providing non-disclosure agreements to be signed by the women and the location at which the massages occurred.

That's the second piece of major news in a week regarding the legal process playing out. Last Tuesday, Buzbee announced Watson had settled with 20 of the 24 plaintiffs.

The initial 22 lawsuits filed against Watson occurred in March and April 2021. Two more were filed on May 31 and June 6, the first two to have been filed against him since he was acquired by the Browns in mid-March.

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The earliest the four lawsuits still remaining are expected to go to court is March 2023. The pre-trial discovery process in the newest two cases goes until Thursday.

What is the NFL's disciplinary process?

Prior to the new Collective Bargaining Agreement signed by the NFL and NFLPA in 2020, the discipline was essentially handled entirely by either the commissioner or the league office. Under the new CBA, a disciplinary officer is jointly chosen and paid for by both parties.

That disciplinary officer then hears all of the evidence accumulated by the investigation into whatever potential Personal Conduct Policy violation may have happened. However, it isn't always necessary for a full hearing to be conducted, although that is what is occurring in this specific instance.

The NFL is expected to present the evidence it has gathered in its investigation into Watson, although that investigation did not interview all of the women who alleged misconduct. It also will present its desired punishment, which is what the NFLPA will argue against.

Who is disciplinary officer Sue L. Robinson?

Robinson, a former federal judge, was named to the role of jointly-appointed disciplinary officer.

Robinson, who is hearing her first case in her new role, was a 1991 appointee by President George H.W. Bush to the U.S. District Court in Delaware. She held that position until retiring in 2017.

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Many of Robinson's cases as a district judge involved business law, including patent disputes, trademark infringement and antitrust disputes. She has served at the Wilmington, Delaware-based law firm of Farnan LLP since stepping down from the bench.

Wide difference between what discipline NFL, NFLPA want

There were reports last week of settlement talks between the NFL, Watson's camp and the NFLPA. Those talks broke down due to the wide gap between what kind of discipline the two parties are seeking.

Watson and the NFLPA aren't going into the hearing without knowledge of the punishment the league is seeking. Per Article 46, section 1(e)(iii) of the CBA, "At least ten (10) calendar days prior to the hearing, the NFL shall inform the NFLPA, player and Disciplinary Officer of the recommended terms of discipline.

The NFL has made it known through a variety of media reports, including by USA Today, that it is seeking at the minimum a year-long suspension. The term "indefinite" has been used frequently as well.

The NFLPA, naturally, is steadfastly opposed to such a significant punishment. It's expected to argue for a much lower number of games, if any suspension at all.

The NFLPA also is expected to point out the discrepancy in punishment for owners such as New England's Robert Kraft and Washington's Daniel Snyder for Personal Conduct Policy violations. Under Article V, Discipline, of the Personal Conduct Policy, it states, "Ownership and club or league management have traditionally been held to a higher standard and will be subject to more significant discipline when violations of the Personal Conduct Policy occur."

No ruling until training camp? Possibly

Robinson's ruling doesn't necessarily have to come this week. All the Personal Conduct Policy states in this matter is that "the Disciplinary Officer will promptly communicate" a decision to all parties.

There's a possibility the matter could drag out until the start of training camp, which is July 27. However, one could reasonably assume it should occur within the next couple of weeks.

Once that decision is made, it likely will trigger an appeal. That's the final stage of the NFL disciplinary process.

Appeal puts it back in the NFL's court

Robinson's ruling can be appealed by either side. However, that appeal would not go to an jointly-appointed arbiter, but to NFL commissioner Roger Goodell.

Goodell could hear the appeal himself. Or, through the Personal Conduct Policy, he can appoint a designee to hear the appeal.

Per the policy, the appeal "will be: (i) processed on an expedited basis; (ii) limited to consideration of the terms of discipline imposed; and (iii) based upon a review of the existing record without reference to evidence or testimony not previously considered. No additional evidence or testimony shall be presented to or accepted by the Commissioner or his designee."

Could the courts get involved after appeal?

The final appeal decision is considered binding according to the policy. A lawsuit in federal court could occur following that, especially if Watson is giving a suspension of a year or longer.

That was the case with Tom Brady when he was suspended for four games in the Deflategate controversy in 2015, albeit under a former process for imposing discipline in the NFL. Brady initially won his court challenge in front of Judge Richard M. Berman in the U.S. Second Circuit Court of Appeals in September 2015, allowing him to play that season.

The NFL, though, won on appeal in front of a three-judge panel in the same Second Circuit Court of Appeals in April 2016. In July 2016, the Second Circuit refused to hear an appeal by Brady, who eventually served the four-game suspension that season.

Reach Chris at ceasterling@thebeaconjournal.com.

On Twitter: @ceasterlingABJ

This article originally appeared on Akron Beacon Journal: Deshaun Watson's NFL disciplinary hearing begins Tuesday