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NFL agent Leigh Steinberg not surprised at pace of Deshaun Watson disciplinary hearing

Chris Easterling
Akron Beacon Journal

Deshaun Watson's hearing in front of former U.S. District judge Sue L. Robinson concluded following three days on Thursday. What awaits now over an undetermined timeline is Robinson, the jointly-appointed disciplinary officer, issuing her final verdict in terms of a potential punishment.

Both sides are expected to file post-hearing briefs to Robinson before a decision is finally reached. Per ESPN's Dan Graziano, those briefs are expected by the week of July 11.

That the hearing has lasted as long as it has is usual for a large number of NFL disciplinary cases. However, longtime agent Leigh Steinberg believes the amount of time being invested into the hearing is directly proportional to the magnitude of what is being considered.

Cleveland Browns quarterback Deshaun Watson talks with Anthony Schwartz, left, and David Njoku during minicamp on Tuesday, June 14, 2022 in Berea.

"There's a tremendous amount of information being presented," Steinberg told the Beacon Journal. "No. 2, there's a great deal of disagreement about what the outcome of this should be. If you had two parties that were somewhat in agreement, and you had no more information to present, my assumption would be that you'd move quickly to a conclusion and a resolution. That's it's in a third day, that's a long hearing in disciplinary matters. Most of them would be a couple of hours or a day."

Steinberg, whose agency represents Watson's Browns teammate Kareem Hunt as well as Chiefs star Patrick Mahomes, has been an observer from a distance of what has transpired involving the NFL's investigation into Watson. The investigation stems from possible personal conduct policy violations by the quarterback in connection with what was originally 24 lawsuits — 20 of which have been settled and dismissed in the last 10 days — alleging some level of sexual misconduct in getting massages in Texas.

The allegations all involve incidents which occurred while Watson was still with the Houston Texans, although the 23rd and 24th suits weren't filed until after he was traded to Cleveland. He was acquired by the Browns on March 18 and given a new five-year, $230 million fully-guaranteed contract.

Per a report by Pro Football Talk's Mike Florio, a total of 12 women were interviewed by the NFL. The report also indicated that the NFL's case "included no evidence of violence, threat, force, or coercion by Deshaun Watson."

"I do think the league is under pressure, if they believe those women, to act in a dramatic way," Steinberg said. "I do think there's that pressure. I think the counterbalance, if the facts are unproven, to deliver heavy discipline, you've also got to consider players' feelings. It's going to come down to their judgment on whether or not Deshaun Watson is right and innocent, or if something dramatic happened here. If it did, I expect they'll come back dramatically where this will be a heavy blow."

Leigh Steinberg

The NFL informed Watson and the NFL Players Association going into this week's hearings that it was seeking an indefinite suspension, lasting at least a year. A similar suspension was handed down to former Ravens running back Ray Rice in 2014 for punching his then-girlfriend in an Atlantic City elevator, although with a major caveat.

In the Rice case, the NFL originally handed him a two-game suspension. It wasn't until TMZ.com uncovered a video of the incident that the the league responded with the indefinite suspension.

Steinberg believes the Rice case is something that is playing a factor in the NFL's aggressive pursuit of a heavy punishment.

"If you look at the scrutiny that revolved around the Ray Rice situation, it's part of what makes this a pressure cooker," Steinberg said. "The league has made a commitment to seriously deal with domestic violence and relationships between its players and women. On the other hand, he's entitled to due process and you have to start the process with the presumption of innocence, which is why I say the first critical part of this is what did those women say and what does the finder of fact believe to be the truth. Then you get into the issues of, if their allegations were true, then what's the appropriate punishment. You're going to get very split opinions."

Ultimately, at least at this stage of the process, the only opinion that matters belongs to Robinson. The former George H.W. Bush appointee to the Delaware District Court is in her initial case in the newly-created role of jointly-appointed disciplinary officer.

In collective bargaining agreement signed in 2020, it took the initial disciplinary ruling out of the hands of NFL commissioner Roger Goodell and into the hands of the disciplinary officer. That individual is both appointed and paid for jointly by the league and the union.

That has added a level of uncertainty to the outcome due to a significant uncertainty about Robinson herself.

"First of all, there's no track record on her," Steinberg said. "There are a series of arbitrations that happened in and around, and they're not always heard by the commissioner. They're heard by other figures representing the league. But in those cases, you have precedent. There's a pattern of decision making or what relevant that can be researched and prepared for. Here, there's nothing by way of precedent or background to run to clue. In a sense, it's a totally fresh, groundbreaking process."

Steinberg believes the true question could emerge if Robinson issues a significantly lower punishment to Watson. Both sides have the option of an appeal.

Browns quarterback Deshaun Watson calls a play with the offense during organized team activities in Berea, May 25, 2022.

That appeal, though, would go to either Goodell or a designate of his.

"Now the commissioner, if he disagrees with what ultimately is the outcome, that will be interesting to watch those politics play out," Steinberg said. "He has moves he can ultimately make."

There's one final important piece of the puzzle to be resolved once the punishment is final. That would be the status of the massive contract Watson signed when he was traded.

The contract would toll into 2023 if Watson were to be suspended for a full season. The 2022 contract year would become the 2023 year, and it would expire after the 2027 season instead of the 2026 season as it's currently structured.

"I'd assume they'd toll the contract," Steinberg said. "It would start when he returns. Otherwise, you're punishing the team."

Contact Chris at ceasterling@thebeaconjournal.com.

On Twitter: @ceasterlingABJ