Cowboys’ Elliott set to argue appeal at hearing
Ezekiel Elliott, as well as his lawyers and those from the NFL Players Association, will be at NFL headquarters Tuesday in New York with one goal: persuading an arbitrator to scrap, or at least reduce, the Dallas Cowboys running back’s six-game ban.
Former league executive Harold Henderson will hear the appeal of the suspension, which was issued Aug. 11 by NFL Commissioner Roger Goodell.
Here’s what to expect at the hearing and with the decision that will follow.
WHAT CAN HENDERSON CONSIDER AT THE HEARING?
Typically, an arbitrator will be able to review only the facts of an investigation. Those would be contained in the 160-page report generated by NFL investigators, who found “substantial and persuasive evidence supporting a finding that (Elliott) engaged in physical violence against” the accuser.
The league also reviewed videos and photos of Elliott pulling down a woman’s shirt and exposing her breasts during a St. Patrick’s Day parade party in March. That incident, the league wrote in its decision, showed a pattern “for which intervention is necessary for your personal and professional welfare.”
“The arbitrator will review the evidence that the commissioner considered and rule whether it was a just punishment,” David S. Weinstein, a former assistant U.S. attorney and current partner at the firm Clarke Silverglate, told USA TODAY Sports.
Elliott will have a chance to address Henderson directly.
WHAT WILL ELLIOTT AND HIS REPS ARGUE?
Elliott denied that he ever assaulted his ex-girlfriend, who reported the alleged abuse to Columbus, Ohio, police in July 2016. Elliott was not arrested, and the prosecutor’s office chose not to file charges.
He is expected to introduce text-message exchanges between the accuser and a friend in an attempt to call the accuser’s credibility into question.
USA TODAY Sports does not name alleged victims of domestic violence.
Other evidence likely will be presented to cast doubt on the accuser’s accusations, including a Frisco, Texas, police report from September 2016, made public Monday, in which Elliott accused the woman of harassment.
WHAT ARE THE POTENTIAL OUTCOMES IN THE APPEAL?
There are basically three. The original suspension could be upheld, reduced or dismissed. There’s no mechanism in place where Elliott could face a stiffer punishment.
Elliott received the baseline six-game ban as part of the domestic violence policy, which was instituted in 2014 after thenBaltimore Ravens running back Ray Rice’s assault of his thenfiancée and now wife.
For the suspension to be reduced, Weinstein said Elliott would have to show he did not engage in domestic violence, as the NFL contends.
“The arbitrator could rule that Elliott still violated the personal conduct policy, but not the portion that deals with domestic violence,” Weinstein said. “That’s about the only way he could get the suspension reduced.”
HOW SOON WILL A DECISION BE MADE?
Article 46 of the collective bargaining agreement between the NFL and the NFLPA doesn’t spell out a specific timetable for a decision, although one is expected before the start of the regular season.
WHAT ARE ELLIOTT’S LEGAL OPTIONS IF THE APPEAL DOESN’T GO IN HIS FAVOR?
Elliott could seek a preliminary injunction in court, though the federal courts have already ruled that Goodell has the authority under the CBA to police player conduct.
“Any hope for an injunction hinges on identifying a fundamental procedural error in a proceeding that has not yet occurred,” sports attorney Daniel Wallach told USA TODAY Sports.