NFL appeals Cleveland Browns' Deshaun Watson's six-game suspension

BEREA − The Deshaun Watson suspension saga has taken an expected turn.

The NFL on Wednesday filed a written appeal of disciplinary officer Sue L. Robinson's six-game suspension of the Browns quarterback for personal conduct policy violations. They had until Thursday at 9 a.m. to do so, three days after Monday's initial decision was released.

The league announced the decision to appeal around 4 p.m., while many of the Browns players − including Watson − were still on the field interacting with fans following a training camp practice. Watson did not respond when asked by reporters for comment as he was whisked into the facility by security personnel.

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.

"Under the 2020 NFL-NFLPA collective bargaining agreement (“CBA”), the factual findings of the Disciplinary Officer are binding and may not be appealed," NFL spokesman Brian McCarthy said in the emailed announcement. "Judge Robinson found that Mr. Watson violated the NFL’s Personal Conduct Policy on multiple occasions and suspended him for six games. The CBA affords the NFL or NFLPA the right to appeal the discipline imposed by the Disciplinary Officer. Such an appeal must be filed within three days and would be heard by the Commissioner or his designee.

"The NFL notified the NFLPA that it will appeal Judge Robinson’s disciplinary decision and filed its brief this afternoon. Commissioner Roger Goodell will determine who will hear the appeal."

The NFL Players Association now has two days to respond in writing to the appeal. There is no immediate word who will be hearing the appeal, be it Goodell or his designee.

The NFLPA preemptively put out a statement on Sunday evening saying they would abide by Robinson's ruling, regardless of what it may be. It also pleaded with the league to do the same.

NFLPA Director of Communications Carl Francis, who was in attendance on Wednesday at Browns camp, did not wish to comment "at this time" when asked by the Beacon Journal. The Browns had no comment.

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.

The NFL, according to reports, is potentially looking to return to what it had originally sought at the beginning of the case, which was an indefinite suspension of no less than a full season. That's what the league had originally informed Watson and the NFLPA it was seeking before the hearing with Robinson.

There is the outside chance of the appeal being the catalyst to draw the sides together to actually agree to a settlement. According to multiple reports prior to the decision, the sides had discussed such an agreement, but couldn't come close to actual terms.

According to the personal conduct policy, whomever does hear the appeal may overturn, reduce, modify or increase the discipline, and the decision will be final. That doesn't mean a potential legal challenge couldn't be looming.

There have been reports of Watson's side threatening to file suit in court to fight the suspension, similar to what Cowboys star Ezekiel Elliott did with his six-game suspension in 2016. A source within Watson's camp told the Beacon Journal earlier in the week they were unaware of any such plans at this time.

Watson's discipline stems from 26 women accusing the quarterback through the judicial system of sexual misconduct or sexual assault during massage appointments His case is the first one to go through the new NFL disciplinary process established in the collective bargaining agreement ratified in 2020. Previous to that, all league discipline was handled directly by the league office.

Robinson, the former federal district judge in Delaware, initially heard arguments from both sides June 28-30. She received post-hearing briefs from both sides July 12.

Robinson's 16-page stated that Watson violated the personal conduct policy in three ways:

• "I ... 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."

• "I find that the NFL has 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."

• "The NFL has ... 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 predatory conduct cast 'a negative light on the League and its players,' sufficient proof that he violated this provision of the Policy."

Along with the suspension, Robinson also ruled that Watson must "limit his massage therapy to Club-directed sessions and Club-approved massage therapists for the duration of his career." He also must have "no adverse involvement with law enforcement, and must not commit any additional violations of the Policy."

Robinson's conclusion to hand down a six-game suspension, she stated, was centered around a lack of precedence for a more severe punishment. She cited the fact prior cases “involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here,” and said the league was reacting to "public outcry."

“The NFL may be a “forward-facing” organization, but it is not necessarily a forward-looking one,” Robinson wrote in her decision. “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.”

The new five-year, $230-million contract Watson signed when he was acquired by the Browns in a trade with the Houston Texans will pay him a base first-year salary of $1.035 million, the league minimum for a player with his experience, as well as a $44.965 million received a signing bonus of $44.965 million. The pay Watson will lose during the suspension comes from that base salary, which is $57,500 per game.

As it stands now, pre-appeal, Watson would lose $345,000 for the six games. He is scheduled to return for the Week 7 game at Baltimore.

Beacon Journal sports writer Nate Ulrich contributed to this report.

Contact Chris at ceasterling@thebeaconjournal.com.

On Twitter: @ceasterlingABJ

This article originally appeared on Akron Beacon Journal: NFL appeals Deshaun Watson six-game suspension