Settling Deshaun Watson case would be smart move for both QB, NFL | Opinion

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Nearly three weeks after Deshaun Watson’s disciplinary hearing concluded, the Cleveland Browns quarterback and the NFL remain in a holding pattern. 

Sue L. Robinson, the independent disciplinary officer hired by the NFL and NFL Players Association to oversee such cases, continues to review the evidence and arguments presented to her by the attorneys of the league and players union. The retired federal judge had instructed each camp to submit post-hearing briefs the week of July 11, and her review and decision-making process remain ongoing.

There’s no set deadline for Robinson to rule on what punishment, if any, Watson should receive after 24 women accused him of sexual misconduct during massage therapy sessions while he played for the Houston Texans. Two Texas grand juries opted against indicting Watson, and the quarterback has reached settlements with 20 of the 24 accusers.

But he remains at risk of punishment from the NFL for potentially violating the personal conduct policy. Entering the disciplinary hearing, which took place during the final week of June, the NFL recommended a suspension of no shorter than a year, three people familiar with the process told Paste BN Sports, speaking on condition of anonymity due to the sensitivity of the situation. But Robinson doesn’t have to follow that recommendation, and terms of the collective bargaining agreement between the NFL and NFLPA allow either side to appeal the decision if they find it unsatisfactory. 

However, the NFL and Watson can make things easier on Robinson by agreeing to a settlement rather than waiting for a ruling that likely would displease at least one side. It’s hard to say how likely it is that such an agreement would take place, three people familiar with the case and proceedings of the disciplinary hearing told Paste BN Sports, speaking on condition of anonymity because the process was still ongoing. 

However, there are some around the league who believe both sides could benefit from a settlement, as holding out for a decision from Robinson carries risks for each party. 

NFL's perspective

From an NFL perspective, a ban of at least a year is far from a lock, despite the recommendation.

The NFL’s argument focused on five different cases and the information gathered during the league’s own investigation into the complaints against Watson. Some of the evidence presented also came from media reports that revealed details of the alleged encounters between the quarterback and some of his accusers. However, none of the information revealed examples of sexual assault, force or violence, one person familiar with the case confirmed. 

That seemingly weakens the league’s case for a suspension of at least a year because, according to the collective bargaining agreement, cases of "sexual assault involving physical force" carry a baseline punishment of a six-game suspension. So the lack of presented evidence of assault or force could put the league at risk of a scenario in which Robinson hands down a punishment that some would consider lenient. That would then set the NFL up for backlash that officials would surely want to avoid, especially given the league's track record of handling cases involving violence against women. 

If unhappy with Robinson’s ruling, commissioner Roger Goodell could overturn her decision as part of the appeals process, as the collective bargaining agreement would allow him or a designee to issue the final ruling. Such a move, however, would set the league up for additional headaches. There’s a strong possibility the NFLPA would take legal action if Goodell were to overturn Robinson's ruling.  

The NFLPA’s legal team argued during the disciplinary hearing that the NFL, in seeking such a harsh penalty for Watson, is guilty of operating under a double standard. The personal conduct policy states NFL owners "will be subject to more significant discipline" for violations. However, the NFLPA argued the league has shown grace to owners who have faced allegations of sexual misconduct. 

Reaching a settlement that would include a suspension of anywhere from six to 10 games and a hefty financial penalty could help the NFL avoid embarrassment and ensure that Watson does not skate for his alleged conduct. Thus, the league could point to the games missed and financial losses that go beyond the missed game checks of 2022 – when Watson is scheduled to play on a paltry salary of just more than $1 million – and declare victory while reiterating its desire to send a strong message that sexual misconduct will not be tolerated.

MORE: Deshaun Watson settles all but four of 24 lawsuits alleging sexual misconduct

WHAT WE KNOW: Deshaun Watson's discipline hearing is complete. What's next.

Why settlement may be good for Watson

But why would Watson agree to a settlement? Why wouldn’t he hold out for Robinson’s decision, which many believe, because of the holes in the NFL’s case, will fall well short of the year-long recommendation?

A Robinson decision doesn’t necessarily mean finality. Remember, so long as Watson is given any form of punishment, Goodell could overrule Robinson and slap the quarterback with a year-long ban. Such a move would ensure this saga drags on much longer – something neither camp wants. 

The NFLPA hasn’t hidden its intent for legal action if Goodell attempts to overturn Robinson’s ruling. However, Goodell and the league could ignore such threats and still aim to make an example of Watson while worrying about any potential legal battle at a later time. In that case, Watson could risk serving his potential punishment next season, when his salary jumps to $46 million. So the goal of avoiding hefty financial losses in 2023 could serve as motivation.

The unknown also could prompt Watson to consider settling with the NFL. 

Although he has maintained his innocence and settled with the majority of the women filing civil suits against him, additional claims against the QB could still emerge. Last week, the Houston Texans settled with 30 women over claims related to Watson. That means there are at least six encounters whose details have not been shared publicly. 

So Watson could face the risk of added punishment if additional allegations become public in the future. The NFL certainly has extended past suspensions following the emergence of new information. However, as part of a settlement, both parties could agree to closure that would protect Watson from the risk of double jeopardy in exchange for him accepting a slightly longer suspension than it’s believed Robinson would hand down.

Both sides want the Watson saga resolved as soon as possible, but it remains unclear when Robinson will make her decision. A settlement could ensure the wait doesn’t extend into training camp and potentially a portion of the season. 

The perfect agreement seemingly is unattainable, but if each side manages to claim wins in key areas, the compromise could beat the alternatives.

Follow Paste BN Sports' Mike Jones on Twitter @ByMikeJones.