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Discipline settlement talks between NFL, NFLPA, Deshaun Watson camp reportedly 'fell apart'

By Zac Wassink | Last updated 6/23/22
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Attorney Tony Buzbee generated headlines earlier this week when he announced that 20 of the 24 active civil lawsuits regarding allegations of sexual misconduct during massage sessions that Cleveland Browns star quarterback Deshaun Watson had been facing were now settled.

An official NFL statement later confirmed that update had "no impact on the collectively bargained disciplinary process" as it pertains to a suspension Watson is expected to receive this summer for violating the league's personal conduct policy. However, Pro Football Talk's Mike Florio previously explained the NFL Players Association, which will defend Watson against any ban, could work on "a negotiated resolution" with the league.

According to Josina Anderson of CBS Sports, the NFL, NFLPA and Watson's advisors attempted to come to a "discipline settlement." Anderson added, however, that such talks "fell apart" after the sides couldn't agree on how many games Watson would miss while suspended:


IG: JosinaAnderson
@JosinaAnderson
I'm told there've been recent attempts by the NFL, the NFLPA & Deshaun Watson's advisors to negotiate a discipline settlement. However talks involving a potential number of games missed "fell apart" not being on the same page. As of now, process moves forward, per league sources.
12:42 PM · Jun 23, 2022·TweetDeck


Sportico's Michael McCann responded to this news via Twitter:

Michael McCann
@McCannSportsLaw
A negotiated settlement on a Deshaun Watson suspension would bring closure for him and NFL--there'd be no appeal and no lawsuit thereafter. But two sides might be far apart on a number. NFL has leverage since under disciplinary policy, Goodell or someone he picks hears an appeal.
Quote Tweet
IG: JosinaAnderson
@JosinaAnderson
· 5h
I'm told there've been recent attempts by the NFL, the NFLPA & Deshaun Watson's advisors to negotiate a discipline settlement. However talks involving a potential number of games missed "fell apart" not being on the same page. As of now, process moves forward, per league sources.
1:05 PM · Jun 23, 2022·Twitter Web App


Anderson then noted:

IG: JosinaAnderson
@JosinaAnderson
Not to mention that folks should understand that conversations happen all the time behind-the-scenes; not just for Watson. In his case, the goal remains to get the league process wrapped up so there's an understanding going into training camps--at this time.
Quote Tweet
Michael McCann
@McCannSportsLaw
· 4h
A negotiated settlement on a Deshaun Watson suspension would bring closure for him and NFL--there'd be no appeal and no lawsuit thereafter. But two sides might be far apart on a number. NFL has leverage since under disciplinary policy, Goodell or someone he picks hears an appeal. twitter.com/JosinaAnderson…
Show this thread
1:12 PM · Jun 23, 2022·TweetDeck

Florio reported last week the NFLPA "is bracing for a recommendation by the league of 'unprecedented' punishment" of Watson, and the Washington Post later said the NFL will "probably" look to suspend the 26-year-old signal-caller for an entire season.

Watson has repeatedly maintained his innocence, and two grand juries declined to indict him on any criminal charges.

I see this as good news because the NFLPA is going to fight hard for Watson and they will use all the unfair and biased acts of how the NFL doles out punishment are in direct conflict to their Almighty Personal Conduct Policy. Glad that the NFLPA is not going to back down.

Hey mac, did you share this video from Florio? I know you have posted a ton of his opinions on this board. Maybe I missed it? If so, I apologize for the duplicity.

You don’t going to like this.

In the end someone needs to back down and pure common sense says it ain’t going to be the ones who owns the NFL. If the commissioner and the owners let someone else except themselves has the last word then they jeopardize the power structure with the NFL as a privately own organization and a cash cow for the owners. Trust me that’s the last thing they want, to put it mildly.

What’s probably going to happen is that if Team Watson and the NFLPA continue to fight in absurdity then they give the NFL no other option then to put pressure on the Haslams and GM Andrew Berry to take necessary action. If that doesn’t work they will search for other ways to punish the Browns for their stupidity. Give a player with 20+ civil law suits hanging over his head such a monster contract with $230m in guaranteed money tells the problem why the other owners are upset, only desperado’s with too much money make irrational and unwise economical deals before the legal process is over.

The NFL will probably soon enter a situation when Deshaun Watson is totally irrelevant, his presence is just a distraction and a media nightmare for everybody except the Browns and their followers. Nobody with any sorts of PR knowledge wants to be connected to him until either all the civil law suits are solved, and before he has acknowledged that he has serious personal problems and needs some sorts of counseling and before he has served at least a proper suspension. That’s probably the minimum punishment for him to come clean, if that’s possible?

Using the NFLs historical shortcomings of giving punishment against wrong doings, especially against owners doesn’t in the end help Watson. Probably the opposite. The NFL will as it stand probably have to find a way to part ways with Snyder where both can come out of this mess without to much damage. Then if necessary they probably have to give Kraft and Jones some sort of additional disciplinary action but after that they will go all in on Watson. If the NFL feel that a controversial player and a obstructive owner can’t stand in a straight line without causing too much notice and trouble then someone has to teach them how it’s done.

The Browns haven't done anything wrong. There will be no punishment aimed at the Browns.

Negotiations fall apart all the time, then start back up. The sides are trying to arrive at a equitable number. One side said 4 games, the other said the whole season. Both sides said no.

Why the Deshaun Watson legal drama might be far from over despite settlements

Brent Schrotenboer, USA TODAY - 1h ago
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HOUSTON — A Houston police detective who investigated sexual misconduct allegations against Deshaun Watson recently gave her opinion of the women who filed criminal complaints against the Cleveland Browns quarterback.

There were 10 of them, but one stood out, according to the detective, Kamesha Baker.
“Do you want to know which ones I thought were stronger or strongest?” Baker asked during a recent pretrial deposition related to the civil lawsuits against Watson.

From NFL plays to college sports scores, all the top sports news you need to know every day.

“Sure,” said Watson’s attorney, Rusty Hardin.

“So the strongest suit to me was Ashley Solis,” Baker replied, according to a transcript of her testimony obtained by USA TODAY Sports

Solis was the first of the 24 women to sue Watson and accuse him of sexual misconduct during massage sessions in 2020 and early 2021. She also is now one of only four plaintiffs remaining against Watson after the other 20 reached confidential settlements to end their lawsuits against him, according to the women’s attorney, Tony Buzbee.

After all the drama surrounding Watson over the past 15 months, that means it’s far from over for him, even if the settlements make his caseload more manageable for his attorneys. The Solis case and others will proceed to trial, led again by the plaintiff who started it all and said Watson exposed himself to her and purposely touched her hand with his penis after contacting her on Instagram and bringing his own small towel to her home in March 2020.


“I don't know, it was just watery eyes,” he testified in a deposition about Solis May 13. “She wasn't like crying or balling or anything like that. It was watery eyes. And I was confused on what was going on.”

Watson, 26, had denied wrongdoing in this case and others. Baker, the detective, found the text message to be key evidence.

“Ashley Solis actually had a text message after the massage that indicated there was some questionable activity there in which we thought, 'Okay, well, why would you text this if everything was fine?' ” Baker testified. “If everything was fine in the massage, why would you send her essentially an apology for the massage?”

The law office of Solis' attorney is only about eight city blocks away from the office of Watson's attorney here in downtown Houston, each a short walk from Minute Maid Park. The two sides met in the middle somewhere on most of these cases, but not with Solis and three others.

Buzbee made a point of that Tuesday in a statement, saying "her story and that of the other three brave women will continue."

It's not clear yet why Solis wasn't among those who settled their lawsuits against Watson. She didn't immediately return a message seeking comment.

One attorney who has represented other NFL players in league disciplinary proceedings said he wondered whether Solis is a "samurai client," meaning she might be a warrior for her case.

"She may not care about money and may want this to go to trial," said the attorney, Daniel Moskowitz, who is not involved in this case. "A trial is going to be open. Things will get out, and yeah, it could be very damaging."

The NFL conducted its own investigation of the allegations against Watson and soon could suspend him. But four pending cases means four chances for more information to come to light, keeping these matters in the public eye and possibly leading other women to come forward, much like what happened after HBO aired an interview with Solis in May.

After that HBO interview, another woman sued Watson, saying she was "struck by the courage of the victims willing to step forward."

"This could lead to another investigation even after they punish him the first time," Moskowitz said.

Detective Baker said after investigating the 10 complaints, she believed Watson had committed crimes, including indecent assault against Solis. But it was not her decision whether to charge him with a crime. That instead was decided by two grand juries in the Houston area that declined to indict him on criminal charges. Baker testified in one of those proceedings but not in front of the Harris County grand jury that declined to indict Watson in nine other cases, including Solis’s.

It’s not clear why Baker wasn’t called to testify in the latter proceeding. Grand jury proceedings are conducted under secrecy. Solis did testify in that proceeding and was the only complainant to testify there despite the others being ready and willing to do so, according to Buzbee, her attorney.

In the HBO interview, Solis was asked why the grand jury in Harris County declined to indict Watson.

"I have absolutely no idea," Solis said. "I don’t see how any of those human beings could have sat there in front of me and think what he did was OK."

Solis, a licensed massage therapist, filed suit in March 2021, setting off the storm. Watson ended up sitting out the season in 2021 and in March 2022 was traded from the Houston Texans to the Browns, which gave him a record guaranteed contract of $230 million over five years.

Solis also addressed that contract in the HBO interview.

“It’s just like a big screw you,” she said. “That's what it feels like. That we don't care. He can run and throw, and that's what we care about.”

Hardin declined comment this week. Buzbee's statement Tuesday about the settlements mentioned Solis five times and noted the whole saga with Watson started with one phone call from her to his law firm. He said her actions as the first plaintiff emboldened the others to come forward after her.

“Without Ashley Solis, the conduct experienced by these women would likely have continued unfettered,” Buzbee said in part of the statement. “The truth is, without her courage and willingness to come forward, the NFL wouldn’t currently be contemplating discipline; there would be no examination of how teams might knowingly or unknowingly enable certain behavior; sports teams wouldn’t be reviewing their personnel screening processes; and this important story wouldn’t have dominated the sports headlines for more than a year.”

Follow reporter Brent Schrotenboer @Schrotenboer. E-mail: bschrotenb@usatoday.com

It most certainly is. Hopefully it's a cheerful ending.

Are you saying you know more about how these things work than the Watson's attorneys and high-profile NFLPA lawyers?

I don't know how this will turn out, but I think you are being extremely short-sighted in your zeal to see Watson punished.

Negotiations fall apart all the time, then start back up. The sides are trying to arrive at a equitable number. One side said 4 games, the other said the whole season. Both sides said no.

I don't know about the exact numbers, but you are being logical. Frankly, the "fell apart" statement means very little. It's part of the negotiating process. The only concern is there might be a huge discrepancy between the number of games each side sees as reasonable. But again, the NFLPA and Watson's attorneys can fight this and it will do nothing but draw more negative attention to the NFL in a time when they are already being investigated by Congress for improper internal decisions. The Snyder case is ugly. Already, national media people are talking about how Snyder has dirt on the other NFL owners and that is why they have declined to punish him.

A little old as it's June 20th and no mention of the settlements.

It talks about the legal strategy of tying in to the owners punishments. It mentions at the end how this strategy will delay a decision.

It talks about how Browns fans shouldn't blame the media for the ongoing daily new stories.

It talks about how the Grand Jury testimony didn't exonerate DW - and he seems to quote the District Attorney stating that.

Having seen the various posts by Mac I assumed Florio had an axe to grind ... but this video was very fair.

It was fair. And mac did not post it. Coincidence?

Since when is it a good or positive thing for the offender get to help decide his punishment?

For the record I wasn't trying to indicate the numbers being thrown around. I was just using them as an example of how it all starts. It's the same thing with monetary settlements.

tab, the NFLPA won't strike. They will battle them w/attorneys.

I know. I was just clarifying in case someone would focus on just that aspect of it. We're good, peen. I was agreeing w/you.

Watson should have taken what deal?

Whether or not the deal to sign Watson was bad for the Browns is debatable. My comment was about it wasn't a bad deal that the Browns signed him or will face sanctions from the NFL for signing him. What happens to Watson has nothing to do with the Browns.

Watson being suspended, fined, or whatever is one thing. Not agreeing with the signing, the money, or potential suspension is another.

Why does it matter what an owner did when discussing what a player did? Isn't the code of conduct BS "agreement" binding only to members of the players' union? It may be/seem unfair, but I don't think the owners have a published, agree-upon code of conduct to follow.

I think the slimeball owners should have their chops busted as well...but that's not how the NFL machine works.

The NFL uses the Personal Conduct Policy to justify how they dole out punishment even if there haven't been any criminal charges. Here are the first two paragraphs of The Personal Conduct Policy.


It is a privilege to be part of the National Football League. Everyone who is part of the league must refrain from “conduct detrimental to the integrity of and public confidence in” the NFL. This includes owners, coaches, players, other team employees, game officials, and employees of the league office, NFL Films, NFL Network, or any other NFL business.


Conduct by anyone in the league that is illegal, violent, dangerous, or irresponsible puts innocent victims at risk, damages the reputation of others in the game, and undercuts public respect and support for the NFL. We must endeavor at all times to be people of high character; we must show respect for others inside and outside our workplace; and we must strive to conduct ourselves in ways that favorably reflect on ourselves, our teams, the communities we represent, and the NFL.

Has Mac posted any video? Or has Mac only posted articles that are online? Was this interview available in article form?

The process has been a little confusing, mostly because of incomplete and/or inaccurate reporting as to how the new process works.

You've got most of it, so I'll just interject my understanding within your post...

Then there is nugget of information concerning the Texans...there 'could be' much more to this story!

Will the Texans still face litigation over Deshaun Watson?

Posted by Mike Florio on June 24, 2022, 8:16 AM EDT
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It was either a hollow threat or a solemn promise. For now, it’s looking as if it were the former.

On June 8, attorney Tony Buzbee said he “will be joining” the Texans as defendants to the pending lawsuits against Browns quarterback Deshaun Watson. Not “might be” or “could be” or “should be,” but “will be.”

Earlier this week, Buzbee told Jenny Vrentas of the New York Times that the Texans are not a party to the settlements in 20 of the 24 cases pending against Watson.

This means that they could still be sued by the 20 plaintiffs who have settled, by the four who haven’t, by the two who supposedly were suing Watson but haven’t yet, and whoever else may come forward eventually.

There’s also a chance, theoretically, that the Texans kicked in some cash to settle the cases with the express understanding that their involvement would be kept completely and totally confidential, with that confidentiality including (for example) Buzbee saying that the Texans were not parties to the settlements.

For the 20 plaintiffs who have settled with Watson, suing the Texans becomes tricky. The Texans would defend themselves by blaming Watson for the misbehavior, arguing that all responsibility belongs to him and him alone. With Watson not a party to the cases, it becomes easier for the Texans to dump on the so-called “empty chair” at trial.

That doesn’t stop Buzbee from trying. And in the four cases that haven’t settled yet, all bets are off. The cases continue. The Texans could be joined.

Again, Buzbee said “will be.” It was either bluster aimed at pressuring Watson to settle (if so, mission accomplished) or it was a genuine guarantee that, 16 days later, Buzbee still intends to honor.

Interesting. I thought the conduct policy was negotiated by the union and applied only to union members. Not sure why/how I got there...but based on your post, it's clear that the owners are bound as well.

The entire document is about 8 pages long. Here is the link if you want to read it. I just posted the first two paragraphs.

https://nflcommunications.com/Documents/2018%20Policies/2018%20Personal%20Conduct%20Policy.pdf

It's pretty clear the NFLPA and Watson's attorneys are threatening to highlight the discrepancy in how the NFL doles out punishment in regards to owners vs players. The Snyder case could get very ugly for the NFL and it gives Watson's reps some leverage. This is obviously offset due to the intense public opinion scrutiny the NFL will receive if the suspension isn't deemed long enough by said public opinion. The NFL is in a very tough spot either way.

Thanks for posting that link again.

I read through it again and noticed a bit of a bombshell on page 6:

"Ownership and club or league management have traditionally been held to a higher standard and
will be subject to more significant discipline when violations of the Personal Conduct Policy occur. "


Then this on page 8:

Conduct Committee – To ensure that this policy remains current and consistent with best
practices and evolving legal and social standards, the Commissioner has named a Conduct Committee.
This committee will be made up of NFL owners, who will review this policy at least annually and
recommend any appropriate changes in the policy, including investigatory practices, disciplinary levels or
procedures, or service components

Owners policing themselves, sounds about right... "Hey Rog, let's get that verbiage out of there concerning the owners." lol


This is dated 2018, I wonder if there is anything more recent available. Info seems to be (purposefully, I'm sure) hard to find.

I have been wondering the same thing about a newer version. When was the latest Collective Bargaining Agreement? 2020? I don't think the Personal Conduct policy would contain significant changes, such as omitting owners, personnel, etc........but, I'll check again.

I typed in: "NFL Personal conduct policy 2022." The latest version was dated "May 25, 2022," but the 2018 version was still there. I am guessing that some changes have been made in the latest Collective Bargaining Agreement, but the 2018 Personal Conduct Policy remained intact?

Wouldn't it have been better to have said "
hopefully it's a happy ending"?

I think you are incorrect in your assessment that it isn't the current policy. I would be willing to bet you as much as you can afford to lose that the owners are not omitted from facing punishment in the Personal Conduct Policy. You are obsessed w/trying to paint Watson's case in the worst possible light, but put your money where your mouth is.

I highly doubt that any wording regarding the owners has been removed, but I don't think it matters.


It's just words, that incidentally don't hold up to scrutiny, and are not binding in any way. The league's history shows that ownership and management have NOT been held to a higher standard, nor have they traditionally received stiffer penalties. The track record is pretty clear that players, by far, have tougher punishments, but even those are as much of a slap on the wrist as the league feels it can get away with. The league does NOT want to suspend players, especially marquee names, unless it feels it absolutely HAS to. The whole Michael Vick thing made that plain as anything. Literally, almost the very day he went off to prison, the league started their P.R. campaign for him and then they returned to it as his release neared - they WANTED him on the field because that meant $$$.

If the previous conduct policy wasn't rescinded, the old date would remain. If it was rescinded, or amended, it would have been replaced or the amendments would be noted.

If parts of the old collective agreement were to remain, they would just be included in the new agreement. They wouldn't rewrite the whole thing.

And the only one the women had to fight hard for them was Buzzbee. What happened to them no longer seems to hold much importance to some.