Advertisement

Robert Sarver disputes his 'active' suspension since he no longer owns Phoenix Suns

duane rankin, arizona republic
·5 min read
1

The NBA is standing by its position Robert Sarver's one-year suspension remains in place, but his representatives contend it should've ended when he sold the Phoenix Suns and WNBA's Phoenix Mercury and have ''closing documents'' to support their beliefs.

An NBA spokesperson confirmed The Republic's initial report Sarver was still suspended despite selling the two franchises, saying Wednesday the suspension is "active" and will last for the yearlong duration.

The suspension began Sept. 13, 2022 when the league announced the findings of a 10-month investigation.

However, Sarver's representatives contend a phrase in those documents prove the suspension should have ended with the sale to billionaire mortgage lender Mat Ishbia.

The key phrase, according to Sarver's representatives, says: “The NBA, on its own behalf and on behalf of the other Affiliated NBA Parties, hereby acknowledge and agree the RS Letter shall automatically terminate following the Transfer (including the restrictions therein).''

RS stands for Robert Sarver, his representatives said. The letter detailed the suspension and its restrictions.

Ishbia bought the Suns and Mercury from Sarver for a record $4 billion as the NBA granted final transaction approval Feb. 6.

Mat Ishbia attends a news conference introducing him as the new majority owner of the Suns and Mercury at Footprint Center in Phoenix on Feb. 8, 2023.
Mat Ishbia attends a news conference introducing him as the new majority owner of the Suns and Mercury at Footprint Center in Phoenix on Feb. 8, 2023.

Ishbia agreed in principle last December to purchase the two franchises.

Sources initially told The Republic that Sarver remained under suspension despite no longer being the majority owner of the Suns and that the suspension would last for its full year. The Republic first reported that Tuesday on azcentral.com, and the story ran in Wednesday’s paper.

Sarver’s representatives disputed it Wednesday morning, saying the suspension was terminated once Sarver sold the Suns.

On Friday, Sarver's representatives presented The Republic a heavily redacted document they contend Sarver signed with the belief he'd no longer should be suspended after the sale of the team.

Signed by Sarver and NBA's general counsel, Rick Buchanan, the document states there is an agreement "solely for the purpose of Section 6," which is the section that reads "the RS letter shall automatically terminate following the Transfer (including the restrictions therein)."

The letter dated Sept. 13, 2022 was written and signed by Buchanan and copied to NBA Commissioner Adam Silver.

But the NBA spokesperson said Wednesday and reiterated Friday that Sarver is still suspended and will serve the one-year suspension until its scheduled end on Sept. 13, 2023.

Phoenix Suns owner Robert Sarver smiles before receiving the Western Conference trophy after beating the LA Clippers in Game 6 at STAPLES Center on June 30, 2021.
Phoenix Suns owner Robert Sarver smiles before receiving the Western Conference trophy after beating the LA Clippers in Game 6 at STAPLES Center on June 30, 2021.

Sarver was suspended from any activities involving the Suns and Mercury and fined $10 million for “workplace misconduct and organizational deficiencies” found in the 10-month NBA investigation.

The $10 million fine was the maximum the league could find Sarver “permitted" by the NBA Constitution & By-Laws.

Sarver had to pay the fine by “wire transfer to the NBA no later than Oct. 13, 2022,” according to a letter obtained by The Republic from the NBA to Sarver explaining the terms of his suspension.

The letter was dated Sept. 13, 2022, the same one Buchanan wrote to Sarver detailing his suspension.

Sarver had to individually pay the funds that were going to go to “organizations committed to addressing race and gender-based issues in and outside of the workplace.”

The suspension began Sept. 13, 2022, when the NBA announced the results of the suspension. The league detailed what Sarver couldn’t do during the one-year suspension.

  • Be present at any NBA or WNBA team facility, including any office, arena, or practice facility.

  • Attend or participate in any NBA or WNBA event or activity, including games, practices, or business partner activity.

  • Represent the Suns or Mercury in any public or private capacity.

  • Have any involvement with the business or basketball operations of the Suns or Mercury.

  • Have any involvement in the business, governance, or activities of either the NBA or WNBA, including attending or participating in meetings of either league’s Board (and their associated Board committees).

Phoenix Suns owner Robert Sarver walks to his seat during the third quarter against the Sacramento Kings at Footprint Center in Phoenix on April 10, 2022.
Phoenix Suns owner Robert Sarver walks to his seat during the third quarter against the Sacramento Kings at Footprint Center in Phoenix on April 10, 2022.

Sarver announced his intentions to sell the team Sept. 21 amid the backlash after results of the investigation were made public, showing he used the N-word multiple times and made inappropriate comments toward women.

Sarver, along with his wife, Penny, recently gave $20,000 bonus to Suns and Mercury employees who have been with the two franchises for more than a year and donated $5 million to Phoenix Suns Charities, according to an email Ishbia sent out to employees Feb. 16 obtained by The Republic.

The NBA launched the Sarver investigation in response to an ESPN report Nov. 4, 2021 of allegations of racism and misogyny against Sarver, claiming he created a "toxic" work environment within the Suns organization during his tenure as owner.

Wachtell, Lipton, Rosen & Katz law firm out of New York headed the Sarver investigation. Sarver bought the Suns from Jerry Colangelo for a then-record $401 million in 2004.

Sarver denied the allegations from the start and welcomed an investigation. A total of 320 individuals, including current and former employees who worked for the teams during Sarver’s tenure, and "other relevant individuals" were interviewed as part of the investigation.

Last year, Phoenix Suns and Mercury owner Robert Sarver released a statement, saying he's "wholly shocked" by the accusations and strongly denying them.
Last year, Phoenix Suns and Mercury owner Robert Sarver released a statement, saying he's "wholly shocked" by the accusations and strongly denying them.

More than 80,000 documents and other materials, including emails, text messages and videos were reviewed.

The NBA statement said the firm's investigation concluded Sarver “engaged in conduct that clearly violated common workplace standards, as reflected in team and league rules and policies.  This conduct included the use of racially insensitive language; unequal treatment of female employees; sex-related statements and conduct; and harsh treatment of employees that on occasion constituted bullying.”

Among the key findings in the independent investigation:

  • Sarver, on at least five occasions during his tenure with the Suns/Mercury organization, repeated the N-word when recounting the statements of others.

  • Sarver engaged in instances of inequitable conduct toward female employees, made many sex-related comments in the workplace, made inappropriate comments about the physical appearance of female employees and other women, and on several occasions engaged in inappropriate physical conduct toward male employees.

  • Sarver engaged in demeaning and harsh treatment of employees, including by yelling and cursing at them.

His office has been cleared out of the team’s practice facility.

Have opinion about current state of the Suns? Reach Suns Insider Duane Rankin at dmrankin@gannett.com or contact him at 480-787-1240. Follow him on Twitter at @DuaneRankin.

Support local journalism. Start your online subscription.

This article originally appeared on Arizona Republic: NBA confirms Robert Sarver's suspension after his reps disputed report