Thread by @AkivaMCohen

OK, #LitigationDisasterTourists, I promised you a breakdown of the #DeshaunWatson decision, so here it comes.

Fair warning - there's some pretty gross conduct described in the opinion and the outcome is, IMO, a disaster.

The full decision is here, btw profootballtalk.nbcsports.com/wp-content/upl…

Judge Robinson, who decided this case after being jointly appointed by the NFLPA and NFL is an extremely experienced former federal judge; she retired from the District of Delaware in 2017.

Judge Robinson starts with the background for why she's hearing this at all. The CBA authorizes the league to set policy on conduct detrimental to the league, and the league did that

The personal conduct policy covers such things as violence, sexual assault, conduct that harms another person, and conduct that threatens the NFL's integrity.

See that red highlight, btw? That's where things are about to go off the rails in the punishment section. Remember that

As for the process itself, it's simple: her decision of whether the NFL proved Watson violated the policy - by the "preponderance of the evidence" (i.e. 50.00001%) is final and unappealable.

Her decision on how much discipline to impose is not. Goodell can change it on appeal

Here's what Watson was accused of violating, for purposes of this arbitration: Sexual assault; Harming the welfare & safety of another person; Threatening the integrity of the NFL

The NFL investigation interviewed 12 of the complaining women; they relied on only 4 of those at the hearing.

Why? Well, I wasn't in the room when that decision was made but they had limited time (3 days) at the hearing and picked their strongest 4.

Does that mean they didn't think the other 8 they spoke to were honest? No. It means they picked their strongest 4. And Robinson's findings on those 4 certainly make the rest of the similar accusations more credible.

Here's what the evidence showed:

Watson was super obviously looking for sexual contact in his massages: he didn't care whether they were licensed or experienced and wanted "private" locations. He insisted on towels to cover himself - and brought tiny ones. Then exposed himself

This is what he sometimes brought to "cover himself" with instead of the normal sheet:

Here's what Robinson concluded from the evidence in front of her: Sexual assault includes touching women with your penis when you know they don't want you to, for sexual purposes.

And that the NFL proved Watson did that.

Now I have some real problems with that last bit - Watson's knowledge that the contact was unwanted can't be based on the fact that people didn't do more sessions with him! That came after the contact!

But once you conclude that Watson was intentionally seeking sexual contact, none of that matters - because he didn't get their consent, and in fact hid that intent from them at the outset by just saying he wanted a massage.

And if you don't know that the stranger you hired to massage you affirmatively wants to touch your junk for your sexual pleasure, you don't fucking do that.

He knew more than enough to be treated as knowing it was unwanted, whether they said anything specific mid-session or not

And that's especially true as he's chewing through massage therapists, touching them with his penis and having them refuse to work with him again.

He knew.

Side note from the department of litigation strategy: If Watson had just said "yeah, I got hard from the massage. It happens. I didn't mean to bump into them!" this would have been a much harder call for Robinson. He could have said "they misinterpreted what happened!"

Instead, he said "all these women are lying, nothing like that ever happened" - which forced Robinson to accept that SOMEONE was lying and then pick which side she believed most. That's a BAAAD tactic, especially with that many accusers

Last on this sexual assault section: What the hell is Robinson thinking when she acts like "it's sexual assault to touch people with your penis, for your sexual pleasure and knowing they don't want you to" is some sort of novel definition of "sexual assault" the NFL invented?

Seriously, what the hell is this nonsense?

As defined by the NFL? As defined by any thinking human being. That might not be enough for some criminal statutes, but it's unwanted sexual contact. Any sane player knows that's a conduct violation.

Next we have "threat to the safety and wellbeing of another person" where the NFL is taking the startling position that "emotionally harming someone badly enough to send them to therapy or make them give up their career" qualifies.

Judge, of course it fucking does

And this: judge, that the policy *already and separately* prohibits violence is an indication that this isn't some novel, overbroad and unwarned read of the policy. OF COURSE it covers this. "Well-being" is not limited to physical harm and the use of that term is purposeful

"Sexually assaulting women will harm their safety and well-being" should not be controversial.

Next, conduct detrimental: Watson used his status as an NFL QB to facilitate his side-gig as a serial sexual predator, and that's enough

OK. That's guilty, guilty, guilty.

Sexual assault.

You've called him a predator who deliberately looked to take advantage of women.

So what's the punishment?

Nope.

Just six goddamn games.

Let's look at why.

The NFL wanted a minimum of a year, plus conditions on reinstatement, with a pretty simple reason why: Watson is a serial predator and this is unprecedented.

The NFLPA said "well, come on now, he wasn't violent, violence gets 6 games, look at history"

Aside - does anyone know what the "3 game suspension for non-violent sexual assault" was?

And my God, Robinson takes the NFLPA's bait. How was Watson to know, she asks, that he might face severe discipline for being a serial sexual predator and committing multiple sexual assaults?

I mean look at this shit. It's basically Qualified Immunity but for NFL players. How's a player supposed to know that repeatedly and deliberately touching non-consenting women with his penis will violate the personal conduct policy? It's unfair!

And so ... 6 games.

Oh, and also you're such a danger to massage therapists that I have to go outside of CBA-allowed discipline and enjoin you from using private therapists. But also, 6 games.

With all due respect to Justice Robinson, this disciplinary decision is a travesty. And if the NFL doesn't appeal it and massively extend the suspension, it deserves every wave of condemnation it'll get between now and (at least) the Super Bowl

My bet is they'll reach out to the Watson camp and offer the same settlement they did before the Robinson decision: 12 games, $5M. But if Watson rejected it then, he'll reject it again.

So here's what the NFL should do: 72 games. 6 games for each of the 12 women who accused him of sexual assault that they were able to interview. Watson will sue, and it'll get cut down. But they can make "6 games per proven accuser" stick (sexual assault IS violence), and they

have four that he's already been found guilty on. They can get to 24 games easy.

And they should.

Honestly, with these findings, he should never play another down. But 24 games is the bare minimum.

JMO, for whatever that's worth.

/end