The saga continues.
Sometime before Tuesday night, the NFL Player’s Association is expected to appeal Ray Rice’s indefinite suspension from the NFL.
At issue is language in the NFL’s personal-conduct policy. Article 46, Section 4 of the collective bargaining agreement states, “The Commissioner and a Club will not both discipline a player for the same act or conduct.” It is widely thought that this also bars the Commissioner himself from punishing the same player twice.
In late July, the NFL suspended Ray Rice for two games. Then, on September 8, after supposedly seeing video for the first time of Ray Rice punching his then-fiancé Janay Palmer (now Janay Rice), the NFL suspended Rice indefinitely. The issue becomes whether a) the NFL in actuality did not see the video, and b) whether the footage constitutes new conduct or policy, allowing the NFL to impose new punishment.
Commissioner Goodell was adamant that the NFL did not see the footage of Rice punching his fiancé until TMZ published it on September 8. This fact was refuted on September 10 by an Associated Press report that law enforcement sent the NFL a copy of the video. According to the report, the law enforcement official played a voicemail from the NFL confirming that the NFL received the video on April 9.
If the Associated Press report is true – which seems likely given the voicemail – then the NFL will probably not be able to claim that the indefinite suspension is for new conduct since the league saw the footage when the two game suspension was issued.
However, regardless of whether or not the NFL possessed the video, Rice can make a solid argument that the second video does not alter the conduct or act he engaged in, and therefore that he is being punished twice for the same conduct.
In the first video, one can see Rice dragging his fiancé, who is unconscious, out of an elevator. Goodell has stated that the second video was “not consistent” with the version of the story Rice originally told the NFL, hence the new punishment. However, as I stated on Tuesday, this argument is tenuous. From the first video only one logical conclusion was available: that Rice punched and knocked out Janay Palmer. The NFL did not need the second video to know what happened.
Ray Rice undoubtedly should have been suspended more than 2 games. Arguably, he shouldn’t have a future in the NFL. However, because the NFL botched the investigation and suspension from the get-go, and then in a morally empty PR move decided to suspend him indefinitely in possible violation of their own policy, Rice may indeed have a quick return to the field.
Michael Cullen is the TMSNX Legal Correspondent
