The Athletic Football Show: A show about the NFL - Deshaun Watson suspended 11 games, fined $5 million

Episode Date: August 18, 2022

Deshaun Watson will be suspended for 11 games and fined $5 million, after accusations by more than two dozen women of sexual misconduct in massage appointments. Watson must also undergo evaluation by behavioral experts, followed by a treatment program. Jenny Vrentas of the New York Times joins Robert Mays to discuss the implications of the decision on this episode of The Athletic Football Show. Hosted on Acast. See acast.com/privacy for more information.

This is the Athletic Football Show. Welcome to the Athletic Football Show. Today's Thursday, August 18th. I'm Robert Mays. Earlier this afternoon, the settlement news in regard to the Deshaun Watson case between the NFL and the NFLPA was decided upon. News came down that it is going to be 11 games as a suspension for Deshawn Watson, a $5 million fine and mandatory mental health counseling.

That is the compromise that the league and the NFLPA agreed. on before it would go to Roger Goodell's designee who would ultimately decide the punishment here to talk us through the news and the context surrounding everything with Deshaun Watson in this moment is Jenny Varentis from the New York Times. Jenny, thank you very much again for joining us to kind of help us provide some nuance and some context of this conversation. Yeah, happy to be here. So when you saw 11 games, what was your reaction? What do you think 11 games says as it relates to the conversation in the league and the

PA were having about where they wanted to land here. Well, it's certainly short of the season-long ban that the NFL was recommending, but it's nearly double what was issued by the third-party disciplinary officer initially. And it comes with the $5 million fine and also importantly, the treatment program. You know, I think from the NFL's perspective, this allows them to avoid the potential challenge in federal court that may have come by the players union. We've seen the Players Union challenged player discipline in the past with mixed results, usually not great results for the union side.

However, that kind of drags this out, keeps an embarrassing story in the headlines. And so this way it is, you know, wrapped up and it's resolved and there's no further challenges. I mean, I do think the most important part, as I said, is that there is counseling. You know, I think that was notably missing from Sue Robinson, in the third-party disciplinary officer, her initial ruling, she called Watson's behavior predatory and egregious, but there was no mandated counseling. And, you know, I think experts that I spoke to at the time said two things. You know, one is that a larger penalty than the initial six-game suspension was needed to deter behaviors, you know, for this to actually be a meaningful

penalty. But at the same time, just as important is the rehabilitative work. And the NFL has this settlement has, you know, a program for that, right? Watson will be evaluated by behavioral experts and he'll have to undergo a treatment program that could last longer than the suspension. It's basically however long, the third party expert that he's working with wants him to go through this program. And also the discipline is contingent on him completing this program, or rather, I should say, his reinstatement. So he has to follow through and he has to comply with the treatment. plan in order for him to return after 11 games. So if I'm trying to figure out the motivations on both sides of this, for the league, obviously it's less than a year, his contract won't toll, he'll get to free agency on the schedule that he would have. The fine is only $5 million. I get why the NFL PA would want it on this side.

Over the NFL side of it, I think that makes total sense, that they just want this out of the news, that they want this wrapped up. And if you're the league and you're thinking about the kind of the public-facing aspects of this, you can say, look, we push for more. We push for more. The initial ruling was six games. We got almost double that. And they can say at least we put forth an effort.

And if I'm trying to kind of read the tea leaves and figure that out on both sides, it feels like that would be why both sides kind of move to this as a compromise. Yeah, I think for both sides, it made sense for this to be wrapped up and to move forward. You know, over the last few months, we've sort of seen an effort to wrap up all aspects of this. right. I mean, Watson has settled 23 of the 24 lawsuits against him. The Texans settled with 30 women who brought claims. And now we have the NFL discipline. So it feels like each part of the process has reached a conclusion. But the one interesting thing is that Watson and his representatives or his agent still seem intent on getting their side out. And even though we saw some apologies

from Watson leading up to and in a statement released by the team along with the discipline. He then stood at a press press conference and proclaimed his innocence. And his agent took to Twitter to do the same thing. So it does feel like while it was a priority for the league and the union to reach a settlement and move forward that there is some effort by Watson to sort of say that this doesn't necessarily mean what you think it means. I'm still innocent. And I think that really had undercut the pre-planned words of apology and remorse. Just think about what the last week has been. He sits in that hotel hallway and gives a stand-up interview before the preseason game

as they're trying to move toward the settlement. I think that's absolutely a calculated decision on the part of Watson's team and the Browns to try to get to this point. The ultimate decision comes down. I'm experiencing this in kind of a strange way on Twitter as I stand. on the sideline at Colts training camp. So I'm not looking at it as it happens in real time. So the way that your Twitter feed hits you, obviously the big tweets get bumped to the top.

I saw the statement with his name on it from the Brown's official Twitter account and directly that said, I'm taking accountability for this. I apologize. Directly below that was a tweet from the press conference where he said that he's innocent and he did absolutely nothing wrong. The amount of disjointed messaging that's come out from this side, and that's not the most important aspect of this, obviously. But I think it speaks to the larger problem because, Jenny, you said how important the counseling part of this is.

He doesn't think he needs counseling, clearly, by the way that they've talked about this. So what does that mean about the rehabilitation that the league is going to hold up at the end of all of this? I don't really know what that says. Yeah, I think those are all really big questions right now because everything leading up to and released sort of as part of the settlement seem to be carefully. crafted. You know, we heard Sue Robinson in her ruling state that he had not expressed remorse and that in her mind was an exacerbating factor. The league, when it appealed Sue Robinson's initial six-game discipline, also cited Watson's lack of remorse. And so then we see Watson give an apology in a very brief interview to a member of the team's preseason broadcast team. And everything leading up

to the settlement, you know, as talks are intensifying, I think it's notable that that is when his comments came. But then you have, as you said, this sort of jarring contrast of statement being released on Twitter. And then you have Watson at the podium. You have Andrew Barry at the podium. You have the owners of the team, the Haslam's at the podium. And they're all basically defending their actions of bringing in Watson, Watson's again proclaiming his innocence. And so I, I think there's a disconnect here. And, you know, the counseling piece was clearly very important to the NFL. I mean, that was clearly part of their appeal.

And they do have this condition in the terms of the settlement that he has to comply fully. But I think the bigger question is you can comply on a surface level. But are you really doing the work to fix what the independent arbitrator said was predatory and egregious behavior? And I think that's a question that's probably hard to answer objectively. But I think that starts with accountability. And I think that will definitely be a part of the process that's been mandated, the treatment program. Even the accountability side of it and the disconnect also extends to what Jimmy Haslam said, said that people deserve second chances.

I think people deserve second chances when they show contrition about the first decision that they made. And again, we haven't gotten any indication that that's true. People make mistakes. But I think it's important to show real contrition and a real understanding of where things were amiss and where they need to get better. And we have no indication in this case that that's happened at all. And then something else that Jimmy Hasam said, two things that he said. One, saying that, well, he's a star quarterback. This is, of course he's going to play in the NFL again.

Saying that part out loud was very jarring and kind of surreal to hear from the owner of the team. who at the very least okayed this decision at the most was the one driving this decision. And then the last thing he said that I thought was particularly interesting because it's a comparison that I've made. It's a comparison that I've heard from people within the Brown's building. He said that Kareem Hunt is somebody that we signed and that we gave a second chance. And that seems to be going, okay. There was no initial press conference with Kareem Hunt.

John Dorsey met with reporters when it happened. That was all that happened. There was no holding up a jersey. there was no $230 million fully guaranteed contract for Kareem Hunt. There is a difference and there's an important difference that I think is worth pointing out when it comes to signing a running back on a very cheap deal as he's trying to rehabilitate his image in his career versus giving a quarterback an unprecedented contract and trading an unprecedented amount of resources to go get him. And we haven't acknowledged that difference and they're not willing to acknowledge that difference.

And I think that's part of the problem with all of this. Yeah, I think that's really well said, Robert. You know, I thought a lot over the years about what second chances are and how they should be earned. And I think you're exactly right. There has to be some efforts to earn your way back rather than just giving second chances without an expression of remorse or putting in the work to correct the behaviors that led to this in the first place. And I do think that's why hearing Watson's comments today were pretty jarring. The allegations against him are corroborated, they're extensive. They didn't come out of nowhere. And I think his continued insistence to say that he didn't harm anyone, I think that really does undercut the earning of the second chance. And I think if you look back at how the Browns handled it, I don't think it's a stretch to say that they thought that this would go away after the grand jury declined to indict him in Harris County. After the first grand jury returned nine no bills,

I think they thought that, okay, there would be some initial uproar, and then people would move on. But that didn't happen. There were two additional lawsuits. There were more people with experiences with Watson. And, you know, I think what we haven't heard the team answer to as well is,

you know, when they put him out there in the press conference after they traded for him, you know, they said they believed in him. and they essentially put trust in his version of events. And they haven't accounted for the fact that an independent arbitrator, right, found these women's accounts, at least the ones that she considered to be credible. She found them to be corroborated. And so the team, you know, essentially bought into a story that was very different from what

the facts show. And so we haven't really heard them address that part of this either. And I think that some of the. their actions show that they never really bought into that story. The fact that they already had a plan in place for how he would deal with team approved massage appointments when it came to soft tissue injuries, that to me is an incredibly strange thing to put into place if you don't think he did anything wrong. And the other side of this is the team donating $1 million to charitable causes as it relates to sexual misconduct and assault if you don't think that he did

anything wrong. I just feel like so many of the actions associated with this aren't that we trust his version of events. It's we're trying to do whatever we can do to make this go away and move on for men. Yeah. And you know, I think Jimmy Haslam's comments about the kind of quarterback he is and that they hope he's their quarterback for a long time. We're distasteful, but we're probably the truth, right? I mean, that is actually how they thought about this transaction. And I think while the 11 game penalty is probably longer than they were expecting or hoping for in their mind. They're thinking of the five years that he can be their quarterback. And if you look at the number of games and you look at the timing of it, he'll come back

for the game against the Texans. And the people who like to read into the NFL's motivation with these things may say that's purposeful. The 11 games allows him to play a very, a game that I have a lot of attention on it, though people will be watching. I'm wondering if there's anything and I don't know. this for certain. I don't know the exact letter of the law and why this would be the case, but 11 games means that he can be on the active roster for six games this year, theoretically.

Six games is an accrued season in the NFL. You have to be on the athletic, you have to be on the active roster of PUP or the IR, I believe, to get an accrued season in the NFL toward free agency. I wonder if that was part of the league's motivation or the PA's motivation to have him gain an accrued season through all of this. I don't know exactly how that would have worked if he didn't. What would happen with his contract? Those are some machinations that I'm not completely familiar with, but just something I think to keep in mind as it relates to why that number might have been the one that

they landed on. Yeah, that's a really smart analysis. And it's not something that I had considered, but you're right. I mean, why 11, right? When you're splitting the difference between the NFL wanting a full season, initially Watson's camp didn't want anything. and then Sue Robinson comes out with the six-game suspension, and she says that the facts support multiple violations,

so you know there's going to be something. How do you end up at 11? And I mean, I think the NFL probably figures they could accept some fewer games as long as he agrees to the counseling and the bigger fine. But, you know, this is how you always get into this, what is the appropriate number of games for such egregious violations. and, you know, I think the most important thing is sending a message that this behavior is not tolerated and that a person needs to express contrition to have a path back.

And for the NFL, I think the settlement was reached in part after he did show some of that contrition last Friday in the, you know, comments that he made in which he apologized. And so I do think today's comments sort of undercut the terms under which this settlement was reached, not in a way that this will be overturned. Obviously, this is done and they're moving forward. But I have to imagine it caught some people on the NFL side a little bit off guard. And it's kind of the last thing here now that we know, that we know he'll be back for that game against the Texans, barring anything injury-related happening between now and then, I'd have to assume, we're going to see Deshaun. Watson play this year. He's going to be the quarterback of the Browns, a team that is beloved

in that community that people grew up with, the people have been lifelong fans of. There are guys on that team in that organization that weren't on board that didn't have anything to do with this decision. We're all, we're all going to have to figure out what it's going to be like to watch, to talk about, to process DeShon Watson playing football again this season. It's going to take a while, but that's the next step of this, is that he is a great player. And what's going to happen when he plays great? And I don't know the answer. And it's just going to be something we all have to kind of sort through in real time. But that is now coming in 2022. And it seemed like at least for a little bit, it might not be. Yeah, I think two things that

I'm thinking of as you described that. One is all of the women who came forward, you know, Cynic would look at the schedule and say this is a way for the NFL to get extra attention around a game that who knows if people would care about it, right? But I'm thinking of the women who live in Houston. Most of the complainants live in Houston. And now they're seeing a person that they say assaulted and harassed them come back to their city and, you know, be on this big stage as the face of another NFL franchise. I have to think that's going to be a difficult. day for some of those women. And the second thing that I'm thinking about is because this is not an indefinite suspension and he does not have to apply for reinstatement, what effect does that have? I mean, can you meet the minimum requirements for fulfilling the treatment program and the evaluation? You know, can you do all of the things, check the boxes? But is that different from how you would have reacted or the work you would have put in if you had to reapply?

apply. And, you know, the NFL had to consider the notes from the professionals that you're working with to see if you had earned the second chance. You know, and I think that is the big difference between an indefinite suspension and one with a set number. You know, now we know when he's going to return. Now they could say, okay, he didn't meet all of the basic requirements. But, you know, I think it's a lot simpler to meet basic requirements rather than having to reapply. And so I do wonder how that affects the rehabilitation process. I think that the way the last week is gone is probably an indication of that when it seemed like there was something to be gained by behaving a certain way and presenting a certain disposition as it related to this. They acted a certain way. And when there was nothing left to be gained, they acted a different way. And who knows what the next 10, 11 weeks, I guess more than that, 18 weeks will end up looking like. But I feel like the last stretch of this has given us a pretty good indication of how they see what level of accountability is necessary. I think that's exactly right. All right. I feel like that's all there really is to

dig into for right now. And, you know, this kind of brings this stage of it to a conclusion. And I think it's going to be important to not let this be the end of it. That's happened too many times in relation to other similar incidents in the past. And we'll see what happens when he ultimately gets on the field and how we ultimately, how all have to all process and talk about this. But for now, Jenny, thank you very, very much for, again, kind of helping us sort through this and provide some context to everything that's happened. You've done just an incredible amount of work at all of this

and been a part of the story from the beginning in a way that I think has served, you know, readers and people who care about the NFL. and I really appreciate your time today. Thanks for having me. That's all we got. We'll be back tomorrow with me and Nate Tice. Until then, I appreciate you listening. Talk to you soon.

This was the Athletic Football Show.