5 hours ago, bro1ncos said:
Just heard something on the Dan Patrick show that I hadn't heard before: As has been stated, either side can appeal the judge's ruling, but if she recommends no suspension then the NFL cannot appeal. I was distracted briefly during the explanation for actual reason for this, but it was something to do with the combination of the grand jury not going forward and this judge's ruling. Basically saying if 2 entities said no punishment it removes NFL ability to appeal.
Patrick typically has very reliable sources, but I had not heard this scenario before. I would guess there is a very small chance this plays out, but it did make me think "what if" and what the public fall out would be if this occurs.
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The PCP is at:
https://interactive.khou.com/pdfs/2020-Personal-Conduct-Policy-External.pdf
My non-lawyer reading of it suggests page 5, last sentence in Appeals of Discipline mentions: "Any factual findings and evidentiary determinations of the Disciplinary Officer will be binding to the parties on appeal, and the decision of the Commissioner or his designee, which may overturn, reduce, modify, or increase the discipline previously issued, will be final and binding on all parties."
Focus on the "any factual findings" part. So if the Disciplinary Officer says, no evidence supporting a violation occurred, that's not allowed to be changed during the appeal. Only a punishment would. League can't appeal and say, there's evidence of a violation because they can't change the evidence rulings.
I think maybe what is going on with the part you mention about the 2 entities... it is sort of that but in a different way. If a court gave a finding of guilt in a case, that ruling stands in the NFL. That is if a court finds them guilty then it doesn't matter what the D.O. says, they are considered as breaking the PCP. However it explicitly says not being found guilty in a court decision doesn't mean a no-violation of the policy, and that's when the D.O. gets involved.