Ezekiel Elliott: An Issue of Perception and Fairness in the NFL
Two years ago we bore witness to "Deflate-gate," which ultimately resulted in the 4 game suspension of New England Patriot's QB, Tom Brady. Throughout the many facets of that case, we were exposed to the inner-workings of the NFL's player discipline process complete with all of it's idiosyncrasies and flaws. First and foremost among these flaws is the fact that NFL Commissioner, Roger Goodell is indeed allowed to act as judge, jury, executioner when it comes to doling out player discipline. Moreover, as we saw in the Brady case, he is afforded the authority to adjudicate appeals on the very cases that he himself has ruled upon. To be fair this seemingly unlimited authority that Mr. Goodell yields, is afforded to him through the current CBA between the NFL and NFLPA. It should be noted that because this issue was collectively bargained, it does not fall under the basic legal parameters related to Elliot's right to due process. However, what it has done is create the very real public perception that the NFL's player discipline process is both inherently biased and patently unfair.
Only 2 years after "Deflate-gate," and everything the NFL should have learned about the importance of impartiality, we are witnessing eerily similar issues with the recent 6-game suspension of Dallas Cowboy running back, Ezekiel Elliott and his subsequent and ongoing appeal. While the purpose of this article is not to argue the "guilt or innocence," of the former Ohio State star, those who follow the NFL would be remiss if concerns regarding the NFL's discipline process were not raised again regarding the league's handling/mishandling of the Elliott case.
Thus far the record shows that Ezekial Elliott was suspended by the NFL due to at least two allegations of domestic abuse, neither of which resulted in charges being filed against him. Representatives of the NFL state that Elliott's case was investigated thoroughly by 4 allegedly independant advisors whose findings were used by Roger Goodell to instill the 6-game ban. As part of their investigation it shows us that Elliott's former girlfriend and complainant, Tiffany Thompson, was interviewed extensively as part of their process. While nobody would argue the NFL did not due their due diligence in investigating Ms. Thompson's story, one can argue the fact that Elliott's legal team was not allowed to interview her as well, is at the very least, concerning. Concerning as Elliott's legal team has allegedly uncovered evidence that Ms. Thompson was indeed not assaulted by Mr. Elliott. In fact, one of Ms. Thomspon's close friends has even signed an affidavit attesting that no assault took place. This fact alone raises significant questions about basic procedural fairness on the part of the NFL.
Perhaps even more concerning if you are Ezekial Elliott, are the clear examples of conflict of interest with respect to this case. While Commissioner Goodell is not hearing Elliott's appeal, the NFL has once again appointed a "neutral," arbitrator in Harold Henderson to do so. Not only does Henderson have a long history of working for the NFL, he also has a close relationship with Cowboy's owner, Jerry Jones. In fact, Jones recently stated that Henderson, "is a really good friend of mine. He was at my Hall of Fame Induction ceremony, and so you weren't invited to that party unless you were a good friend." Given the close relationships that Henderson has on both sides of this case, it is very difficult to believe he is being permitted to serve in such an important capacity.
As it pertains to this case, if Ezekial Elliott committed the acts he was accused of he should indeed suffer whatever punishment the NFL deems is appropriate under the NFL's Player Conduct policy. However he should at the very least, be afforded the right to have his case handled in a transparent, impartial and fair manner.
It is a very common phrase in legal circles that, "in matters of law, not only does justice have to be done, it has to appear to have been done." These words certainly hold true in the Elliott case. While not a criminal case, the NFL's discipline process creates the troublesome perspective that their process fails to meet even the basic principlals of fairness and due process and therein lies the problem. Surely the NFL and NFLPA are coming to understand this and see the need to take actions to correct these serious issues in their next round of collective bargaining.