11-06-2014, 06:14 PM
I would not want to be the arbitrator acting as a judge in the Rice appeal case. Despite all of the witness testimony regarding who said what when, I think it might boil down to the terms of the players' contract.
"One Penalty" clause, Article 43, Section 4 of the NFL Players Association contract.
The Commissioner and a Club will not both discipline a player for the same act or conduct. The Commissioner’s disciplinary action will preclude or supersede disciplinary action by any Club for the same act or conduct.”
The Ravens didn't terminate Rice's contract til after Goodell announced his indefinite suspension -- so, I don't think there was any violation of the One Penalty clause.
Still, Goodell himself did punish Rice twice for the same single incident, IMO. He knew Janay Palmer was dragged out cold of an elevator when he doled out the initial two-game penalty. He knew that was a result of Rice hitting Palmer, by his own admission when he announced the initial two-game penalty. I don't personally see how viewing the video changes anything (though I understand why it's more disturbing to see it than hear about it).
Working against Rice (just my opinion): Nothing, as far as I can tell, states explicitly in the players' contract that the Commissioner is prohibited from doing whatever the hell he pleases to a player based on emotions or public pressure or change of heart/mind. And, this isn't criminal court where the traditional 5th amendment rule against double jeopardy applies.
Working in Rice's favor (just my opinion): This is a labor arbitration case and I think there's a decent chance that the employment arbitrator/judge will rule that the Commissioner/Employer shouldn't be able to double down penalties against an employee for a single incident based on factors outside of the employee's control. I think she might refuse denying the employee recourse simply because of a vague (intentionally or unintentionally?) employment contract.
Anyway, the hearing is sealed, but I hope the public is provided access to the rationale behind whatever ruling the arbitrator/judge hands down on Friday or next week; I wanna see it.
"One Penalty" clause, Article 43, Section 4 of the NFL Players Association contract.
The Commissioner and a Club will not both discipline a player for the same act or conduct. The Commissioner’s disciplinary action will preclude or supersede disciplinary action by any Club for the same act or conduct.”
The Ravens didn't terminate Rice's contract til after Goodell announced his indefinite suspension -- so, I don't think there was any violation of the One Penalty clause.
Still, Goodell himself did punish Rice twice for the same single incident, IMO. He knew Janay Palmer was dragged out cold of an elevator when he doled out the initial two-game penalty. He knew that was a result of Rice hitting Palmer, by his own admission when he announced the initial two-game penalty. I don't personally see how viewing the video changes anything (though I understand why it's more disturbing to see it than hear about it).
Working against Rice (just my opinion): Nothing, as far as I can tell, states explicitly in the players' contract that the Commissioner is prohibited from doing whatever the hell he pleases to a player based on emotions or public pressure or change of heart/mind. And, this isn't criminal court where the traditional 5th amendment rule against double jeopardy applies.
Working in Rice's favor (just my opinion): This is a labor arbitration case and I think there's a decent chance that the employment arbitrator/judge will rule that the Commissioner/Employer shouldn't be able to double down penalties against an employee for a single incident based on factors outside of the employee's control. I think she might refuse denying the employee recourse simply because of a vague (intentionally or unintentionally?) employment contract.
Anyway, the hearing is sealed, but I hope the public is provided access to the rationale behind whatever ruling the arbitrator/judge hands down on Friday or next week; I wanna see it.