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Elliott Suspension Discussion


Texasmade

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From the Hearing Officer in Ezekiel Elliott Case:

"As his designated Hearing Officer in this matter, my responsibility is to determine whether the Commissioner's decision on discipline of Mr. Elliott is arbitrary and capricious, meaning was it made on unreasonable grounds or without any proper consideration of circumstances. It is not the responsibility, nor within the authority of, the Hearing Officer to conduct a de novo review of the case and second guess his decision. Rather, the review is to determine whether the player was afforded adequate notice of his alleged violation, the right to representation, opportunity to present evidence, and a decision which is fair and consistent. In a case involving violation of a policy, fair and consistent means whether the process and result were in compliance with the terms of that policy. This one is, in every respect.

Here the process for imposing discipline outlined in the Policy has been followed closely, step by step. I find it unnecessary to reexamine all the evidence presented in this record because my careful and diligent review of everything the Commissioner reviewed and relied on draws me to the conclusion that the record contains sufficient credible evidence to support whatever determinations he made. He is entitled to deference on those judgments absent irregularities not present here. While the record contains inconsistencies in statements, an adjudicator makes informed judgments on the credibility of witnesses and evidence."

 

 

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I'm not at all surprised that the suspension was upheld. Not because I think Zeke is guilty, but because it's the NFL. Goodell and his cronies never overturn anything. It would make them appear weak.

That being said, I can hardly wait for the NFLPA to strike when the CBA is up for renewal, because this issue and the pot issue need to go away. 

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1 hour ago, WizardHawk said:

ather, the review is to determine whether the player was afforded adequate notice of his alleged violation, the right to representation, opportunity to present evidence, and a decision which is fair and consistent. In a case involving violation of a policy, fair and consistent means whether the process and result were in compliance with the terms of that policy. This one is, in every respect.

This is an incredible statement.  They literally pushed all the chips to the center of the table on this. Because if the courts rule for Elliott then the NFLPA gets to come in and say the process is fundamentally unfair.

I cannot believe how the NFL just keeps raising the stakes while making weaker and weaker arguments.

 

Edit to add: by "weaker arguments" I mean their latest play was to say that it was ok to withhold Roberts' testimony because it would've been cumulative with Friel's. Judge's opinion: "clearly it was NOT."

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This is the one I like...

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It is not the responsibility, nor within the authority of, the Hearing Officer to conduct a de novo review of the case and second guess his decision.

This coming from the guy who said 10 game susp for Greg Hardy was excessive.  So the status quo hasn't changed a bit...inconsistent, It fits Goodell's model of the NFL to a tee.

 

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9 hours ago, plan9misfit said:

I'm not at all surprised that the suspension was upheld. Not because I think Zeke is guilty, but because it's the NFL. Goodell and his cronies never overturn anything. It would make them appear weak.

That being said, I can hardly wait for the NFLPA to strike when the CBA is up for renewal, because this issue and the pot issue need to go away. 

The variable is, can and will the current and future players save enough money over the next few years to withstand an extended lockout/strike. As well as, much of the general public will still be of the belief that these players are pampered and make way to much money for simply playing a sport. Which is true to a degree. So they may not get the sympathy of the public. Which doesn't mean the owners should either. It will be interesting.

I don't think the players factored in the possibility that the league could be this screwed up on disciplinary action(s) when they signed the current CBA.

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This really is huge mess now, it is a pity and I almost think deliberate move by the appeal dude to not reduce the suspension. If it had been reduced to two, three or maybe even four games I bet the players union and Elliot say okay..  we disagree with the suspension but in the spirit of just moving on I'll serve it, it's not fair but what ever.  I.E. don't know if this is true but it could be.. Goodell says hey they want to take it to court okay then lets go "All in", track record shows the courts are not gonna mess with the NFL. 

Now though the courts are involved but if you look at history very rarely do courts rule against a sports league. A ruling against the league can generally have a lot of unexpected outcomes, IMO I think a lot of judges even though they see things are unfair they refuse to "get involved", see Brady suspension as an example of a suspension that also should never have happened that the courts ultimately upheld. Thus I think it is highly likely the judge will look at things see it as a total smear job and unjust but come out and say well the league can do what they want, even if it is wrong and goes against the rules of evidence. basically saying "hey you made him God, deal with it."

And if they judge rules that way then what does Elliot do.. sue Thompson to get his REPUTATION back.. because like most people in the world (especially fans of other teams who don't care if Elliot did it or not), when they see smoke they think fire and only see the results NOT the truth, and say hey another privileged athlete thinks they can do what they want. Only those with vested interest in the cowboys or Elliot will see the truth for what it is, Elliot was "insert curse word here" by a revengeful minded person who played the media and the NFL.  Strangely the biggest fall out might come from advertisers as they only worry about what the person on the street thinks not the truth as well.  Thus NO million plus dollar shoe contracts. Which is where most elite level athletes make their "real" money.   

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The truly unnerving thing about this whole mess is this:

If Elliott ends up losing in Federal Court, then the precedent is now set to ruin virtually ANY players career by falsely or exaggeratedly  accusing the player of physical violence or domestic violence, filing a police report, and raising a big stink.

Even if the police find the claims to be unsubstantiated, the NFL can still justify ruining a players career or a teams chances to compete for a title. In other words, they can influence the outcomes of games and entire seasons.

I just hope they make the playoffs, win the NFC and squeak out a title. Just to stick it up all their a..!

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