Ok thanks. This has been said
elsewhere.
Goodell is unlikely to impose the domestic violence policy to Peterson’s situation. The policy, as worded by Goodell, does not appear inclusive of violent acts against children and instead seems limited to acts against intimate partners. In his memo, Goodell detailed the circumstances of applying the policy to “a prior incident before joining the NFL, or violence involving a weapon, choking, repeated striking, or when the act is committed against a pregnant woman or in the presence of a child.” Goodell’s only reference to a “child” is a child being near a violent act by an NFL player, presumably against a spouse or partner.
If Goodell nonetheless cites the domestic violence policy to punish Peterson, Peterson and the NFLPA might seek a grievance proceeding against the league and Goodell. They would argue that Goodell has misinterpreted his own policy.
Florio has also argued this, and as mentioned it was a policy created post hoc and outside the CBA. As such yes RG could levy a penalty under it but I bet AP and the union challenge that immediately.
I'm going to try to spell this out one last time as simply as I can. After that I'm done.
The text of the policy contains two parts. At the start is a list of 4 different offenses it applies to:
Effective immediately, violations of the Personal Conduct Policy regarding assault, battery, domestic violence or sexual assault that involve physical force will be subject to a suspension without pay of six games for a first offense, with consideration given to mitigating factors, as well as a longer suspension when circumstances warrant. Among the circumstances that would merit a more severe penalty would be a prior incident before joining the NFL, or violence involving a weapon, choking, repeated striking, or when the act is committed against a pregnant woman or in the presence of a child.
It does not only apply to domestic violence... that is only one of four things the policy applies to. There is no mention of children needing to be present for it to be an offense. Presence of children is mentioned elsewhere in a part that has nothing to do with what offenses fall under the policy. If the player commits assault, or battery, or domestic violence, or sexual assault, the policy applies.
Did Peterson get charged with felony assault and convicted of misdemeanor assault, and did they involve physical force?
Yes.
Does the policy say assault is an offense covered by it?
Yes?
Does this mean the policy covers Peterson's offense?
Yes.
So if a writer claims the policy doesn't apply to Peterson because it might not fall under "domestic violence", I conclude the writer didn't read or at least didn't comprehend the policy.
The policy goes on to discuss punishment. It states a 6 game suspension with consideration to mitigating factors including a longer suspension where warranted. Then it talks about some of the circumstances that could make it go beyond 6 games:
Effective immediately, violations of the Personal Conduct Policy regarding assault, battery, domestic violence or sexual assault that involve physical force will be subject to a suspension without pay of six games for a first offense, with consideration given to mitigating factors, as well as a longer suspension when circumstances warrant. Among the circumstances that would merit a more severe penalty would be a prior incident before joining the NFL, or violence involving a weapon, choking, repeated striking, or when the act is committed against a pregnant woman or in the presence of a child.
Note again that the blue is not a list of offenses covered by the policy. It is a partial list of circumstances that could result in a more severe penalty. Someone else posted that since child abuse wasn't in the list then Peterson wouldn't get more than 6 games. I pointed out the word "among" meant it was a partial list, not a complete list. And that if presence of a child during an assault was enough for extra punishment, reasonably the victim being a child would be a circumstance that warranted more severe punishment too.
At which point you jumped in saying the policy wasn't clear enough and not mentioning beating a child meant Goodell was making it up as he went. I pointed out trying to enumerate every possible circumstance in the penalty severity was impossible.
And then you changed the discussion to be not about the severity of the penalty, but about whether THE OFFENSE was defined clearly enough. And I pointed out the policy covers ASSAULT and what Peterson's charges and convictions were and whether that seemed clear cut.
So I hope if you read that, you understand why the quotes you posted don't sway me at all.
[/drops mic]