Deshaun Watson, NFL reach settlement to extend suspension to 11 games

Deshaun Watson's absence from the Cleveland Browns will be substantially longer than the initial six games. However, it won't be long enough to keep him from possibly playing this season.

Watson, along with the NFL Players Association, reached a settlement on Thursday with the NFL in the league's appeal of his suspension for violations of the league's personal conduct penalty. The settlement will increase the number of games the quarterback sits out this season to 11 games from an original total of six, and he will also pay a $5 million fine.

The NFL and the Browns are also each contributing $1 million along with Watson's fine to create a fund of $7 million. That fund will go to non-profit organizations across the country that educate young people on healthy relationships, promote education and prevention of sexual misconduct and assault, support survivors, and related causes.

Watson will also undergo prompt evaluation by professional behavior experts. He is to follow whatever treatment program they issue.

"I'm moving on with my career, with my life and I continue to stand on my innocence," Watson said prior to Thursday's joint practice with the Philadelphia Eagles in Berea. "Just because settlements and things like that happen doesn't mean that a person is guilty for anything. I feel like a person has the opportunity to stand on his innocence and prove that, we proved that on the legal side and we've just got to continue to push forward as an individual and a person."

Watson's suspension begins at 4 p.m. Aug. 30, the NFL's final cutdown day. He can re-enter the facility halfway through the suspension.

Deshaun Watson faced full-year suspension from the NFL

The settlement comes in advance of a potential ruling from Peter C. Harvey, the designee of NFL commissioner Roger Goodell, on the league's appeal of the original suspension set by disciplinary officer Sue L. Robinson. Robinson issued her ruling, which included the six-game suspension and no fine, on Aug. 1.

What the settlement does is allow Watson to avoid a potential full-season suspension, a option which was very much on the table had Harvey ruled. The former New Jersey attorney general and member of the NFL Diversity Action Council was acting on Goodell's behalf, and there was little doubt about what kind of punishment the league was seeking on appeal.

Goodell made it clear in a conversation with reporters at the NFL Owners' Meetings on Aug. 9 exactly why the league had filed its appeal. Not only that, but the league had also established that it had an expectation of an indefinite suspension of at least a full year.

"Because we’ve seen the evidence," Goodell told reporters. "[Robinson] was very clear about the evidence. She reinforced the evidence, that there was multiple violations here and they were egregious, and that it was predatory behavior. Those were always things we felt was really important for us to address and in a way that’s responsible."

The settlement also eliminates the potential for the matter to end up in federal court. There have been multiple reports over the last two months that Watson's camp was threatening to fight a possible full-season suspension through a lawsuit against the NFL.

“We've seen him grow over the last four or five months, and I think we've seen him recognize some things that he wished he'd done differently, some positions he wished he had not put himself into," Browns owner Jimmy Haslam said Thursday. "He's been very open to counseling and seeking help, and we anticipate that growth continuing going forward. And I base that on his track record prior to these events, which is exemplary. You go to Gainesville, Georgia, you go to Clemson, South Carolina, you go to Houston prior to this, and I'm not at all minimizing the 'this,' but it's outstanding, and our experience with him in the building has been the same way.”

Watson's suspension stems from allegations made by 26 women through the judicial system of sexual misconduct or sexual assault during massages. Of those, 24 resulted in lawsuits, 23 of which have been settled in the past month and a half.

What did Deshaun Watson say during Friday night's TV interview?

Watson did a three-question interview with Aditi Kinkhabwala on the Browns' official television pregame show prior to last Friday's preseason opener in Jacksonville, his first public comments since June 14. The first question asked was about the lack of remorse toward those women which Robinson stated in her report he had shown.

“Look, I want to say that I’m truly sorry to all of the women that I have impacted in this situation," Watson said in the interview. "The decisions that I made in my life that put me in this position I would definitely like to have back, but I want to continue to move forward and grow and learn and show that I am a true person of character and I am going to keep pushing forward.”

The Houston Texans, Watson's former team, also settled with 30 women who made or intended to make claims against the franchise for its alleged role in enabling him. They traded Watson to Cleveland on March 18, along with a 2024 sixth-round pick, in exchange for first-round picks in 2022, 2023 and 2024, a 2022 third-round pick and a 2024 fourth-round pick.

Deshaun Watson made first start since January 2021 on Friday for the Cleveland Browns

Watson made his first game appearance in a Browns uniform when he started last Friday's preseason opener in Jacksonville. It was the first time he played in a game since starting the Texans' regular-season finale against the Tennessee Titans on Jan. 3, 2021.

"I’m super excited," Watson said in the interview on the team's pregame show. "I’m excited to get out there with my new teammates and go out there and compete. Each and every snap, I want to make sure I cherish that because I’m not sure when the next time I’ll be able to get out there with those guys, so I’m super excited.”

Watson went 1-for-5 for 7 yards passing. He played in nine snaps, one of which was a play negated by a holding penalty, over three series.

Every time Watson stepped on the field, he was showered with loud boos and derogatory cheers from the Jaguars fans. He looked like a quarterback who was a combination of rusty and rattled when he dropped back, with multiple passes missing their intended receiver badly.

"You know, I think once Deshaun came out of the game we got booed less, but you go to a road game they boo you anyway, so you know what I mean?" All-Pro guard Joel Bitonio said Sunday. "So we'll see how it goes. I'm sure, it seems like more than ever, Cleveland against the world, so we'll be ready for it."

Browns coach Kevin Stefanski stated Thursday that Watson would not play in either of the team's final two preseason games. This past Sunday marked the first time Jacoby Brissett, who will start in Watson's place during the suspension, took most of the first-team reps in practice.

Watson has been a regular worker with the second-unit offense in the week since the Jacksonville game.

The NFL's disciplinary process runs its course in Deshaun Watson case

This marked the first case to go through the disciplinary process established by the 2020 CBA agreed upon by the NFL and NFLPA. The new CBA established a disciplinary officer jointly appointed and compensated by both the league and union to be the initial step in the process.

Robinson, in the role of disciplinary officer, heard evidence in the case June 28-30. Both sides then submitted formal post-hearing briefs July 12.

The initial ruling by Robinson, a former United States district judge, found that Watson had violated the personal conduct policy in three ways. Her 16-page report stated that Watson "engaged in sexual assault [as defined by the NFL] against the four therapists identified in the Report;" that the NFL "carried its burden to prove, by a preponderance of the evidence, that Mr. Watson’s conduct posed a genuine danger to the safety and well-being of another person;" and that "Watson’s predatory conduct cast 'a negative light on the League and its players,' sufficient proof that he violated this provision of the Policy."

Robinson's conclusion to hand down a six-game suspension, she stated, was centered on a lack of precedence for a more severe punishment. She cited the fact prior cases “involving non-violent sexual assault have resulted in discipline far less severe than what the NFL proposes here,” and said the league was reacting to "public outcry" in its push for a full-season ban.

In addition to doling out the suspension, Robinson ruled Watson must "limit his massage therapy to Club-directed sessions and Club-approved massage therapists for the duration of his career." He also must have "no adverse involvement with law enforcement, and must not commit any additional violations of the Policy."

The NFL filed its written appeal, in accordance with the CBA, to Goodell on Aug. 3. He appointed Harvey on Aug. 4 as his designee to hear the appeal. The NFLPA's written response to the appeal was submitted a day later.

Harvey, per the personal conduct policy, had been limited during the appeal to consideration of the terms of discipline imposed by Robinson and based upon a review of the existing record without reference to evidence or testimony not previously considered. His ruling, had one occurred, was "final and binding," per the collective bargaining agreement.

Financial impact for Deshaun Watson, Cleveland Browns

The Browns signed Watson to a record-breaking, five-year, $230 million fully guaranteed contract to complete the trade. Along with the fine,Watson will lose $57,500 a game from his base first-year salary of $1.035 million, for a total of $690,000.

Watson also received $44.965 million in a signing bonus in his first year as part of the way the contract was structured. That structure is in line with other extensions the Browns have handed out recently, including ones to star defensive players Myles Garrett and Denzel Ward.

Watson's base salary goes up to $46 million each year over the remaining four years of the contract.

Under the initial suspension, Watson was scheduled to return to the field for the Browns on Oct. 23 at Baltimore. He will now return for the Week 13 game against his former team, the Texans, on Dec. 4.

The original suspension sat Watson for games against Carolina, the New York Jets, Pittsburgh, Atlanta, the Los Angeles Chargers and New England. The additional games now added will extend the suspension through games against Baltimore, Cincinnati, Miami, Buffalo and Tampa Bay.

The Browns' bye week falls in Week 9 between the Oct. 31 home game against the Bengals on Monday Night Football and the trip to face the Dolphins on Nov. 13.

Brissett was signed the day after Watson's was acquired from the Texans with the understanding that he would be the starter through any suspension Watson served.

Is there a path to a potential Jimmy Garoppolo deal?

Now the question is, do the Browns explore other options to weather those 11 games? Or, do they just sit tight, roll with a quarterback room of Brissett, Joshua Dobbs and Josh Rosen, and await Watson's return?

The only option which would truly make sense, at this time, to pursue is San Francisco 49ers quarterback Jimmy Garoppolo. Garoppolo, who has started in a Super Bowl and an NFC Championship Game in the past three seasons, has been put on the trade market as the 49ers are moving on with 2021 No. 3-overall pick Trey Lance at quarterback.

The Browns had evaluated Garoppolo, who had offseason shoulder surgery, earlier in the year and deemed that he wasn't worth the pursuit. Watson's extended suspension has apparently led to a change in that thinking, considering the more than $47 million in salary cap space the Browns possess.

If the Browns reverse course on Garoppolo, they will likely try do what the Carolina Panthers did to them with the Baker Mayfield trade. They would require the 49ers pay for a percentage of Garoppolo's salary in order to facilitate the deal.

The Browns want to roll that space over into next season if possible to weather some of the contract extensions which will be kicking in on the roster. If the 49ers keep Garoppolo past Aug. 30, his full $24.2 million salary would be guaranteed.

Browns general manager Andrew Berry reiterated on Thursday the team was pleased with Brissett.

Legal challenges to NFL discipline by Tom Brady, Ezekiel Elliott failed

The settlement avoids the nuclear option − or, Hail Mary − of sorts, which would've been a possible court battle. Of course, the success rate for a challenge to a collectively-bargained matter, including discipline, isn't very high.

Previous legal challenges to collectively bargained NFL discipline have more often than not failed to reduce, let alone eliminate. Two of the higher-profile cases recently include Tom Brady in 2015-16 for a four-game suspension over Deflategate and Ezekiel Elliott in 2017 for a six-game suspension for domestic violence.

Brady initially won his court challenge in front of Judge Richard M. Berman in the U.S. Second Circuit Court of Appeals in September 2015, allowing him to play that season. The NFL, though, won on appeal in front of a three-judge panel in the same Second Circuit Court of Appeals in April 2016. In July 2016, the Second Circuit refused to hear an appeal by Brady, who eventually served the four-game suspension that season.

Elliott, whose case was investigated for the NFL by Harvey, had his initial suspension upheld on appeal. He and the NFL Players Association did file suit in court, but following a protracted court proceeding, they ultimately dropped the challenge, and he served the suspension at the conclusion of the 2017 season.

Contact Chris at ceasterling@thebeaconjournal.com.

On Twitter: @ceasterlingABJ

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Deshaun Watson, NFL reach settlement to extend suspension to 11 games

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