Ezekiel Elliott’s 6-game suspension upheld by NFL

Ezekiel Elliott appealed his six-game suspension last week in a hearing that unexpectedly stretched into three days. Despite the contentious battle, arbitrator Harold Henderson upheld Elliott’s suspension, according to ESPN’s Chris Mortensen.

However, Elliott’s suspension won’t begin until Week 2. He will play Sunday night in the Cowboys’ season opener against the New York Giants.

Elliott’s response: Elliott’s representatives released a statement shortly after the ruling became public.

“We are extremely disappointed in Mr. Henderson’s inability to navigate through league politics, and follow the evidence, and most importantly, his conscious (sic).”

What Henderson said: In his decision, Henderson said that it was his job to determine whether Roger Goodell was in his right to give Elliott the six-game suspension, but it was not his job to “second guess his decision.”

Henderson added, via Schefter:

“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.”

So, Henderson was not deciding whether Elliott was or wasn’t guilty. He was determing whether Goodell had given Elliott a fair process.

“While the record contains inconsistencies in statements, an adjudicator makes informed judgments on the credibility of witnesses and evidence,” Henderson said.

What happened: Goodell issued the six-game suspension after the NFL completed a comprehensive investigation into domestic violence allegations that were made against Elliott in July 2016. Elliott was not arrested and no charges were filed, but the NFL’s personal conduct policy is broad and does not carry the same burden of proof as the court system.

During the course of the NFL’s investigation, the four independent advisors appointed to review the evidence and share the findings with Goodell determined that Elliott had been violent toward his accuser. The NFL’s policy has a baseline six-game suspension for first-time offenders, which Goodell applied to Elliott.

After Elliott filed his appeal, Goodell had the choice of hearing it himself or appointing a designee. He chose Henderson, who had previously presided over Greg Hardy’s and Adrian Peterson’s appeals. In Hardy’s case, Henderson knocked his suspension down from 10 games to four. Peterson’s suspension was upheld by Henderson.

A source told ESPN’s Josina Anderson that there were “enormous inconsistencies” with the 160-page investigation report from the NFL. Henderson denied a request from Elliott’s representatives to make the accuser available to testify at the appeal, and he also refused to provide a transcript or notes from interviews with the alleged victim. The appeal was extended to three days when the NFL decided to make an additional witness available to testify during the hearing.

After the appeal concluded, Clarence Hill of the Dallas Star-Telegram reported that NFL investigator Kia Roberts had recommended that Elliott not be suspended. Elliott’s attorneys filed a lawsuit with the federal district court in Plano, Texas, to overturn the suspension. The NFLPA also filed for a restraining order to put a stay on Elliott’s suspension until the legal process is complete.

What was said: Elliott has denied the allegations and tweeted that he was “surprised and disappointed” by the league’s decision. He officially filed his appeal on the Tuesday after the league’s ruling was announced.

Part of the plan for Elliott’s appeal was to discredit his accuser. The NFLPA engaged in a war of words with the NFL about this via Twitter.

The woman lied to police and the Columbus (Ohio) City Attorney’s office about one alleged instance of violence, and she made misleading statements to the league’s lead investigator, Lisa Friel, according to the Star-Telegram’s Clarence Hill Jr. In the end, the independent advisors appointed to the case by the NFL determined there was enough evidence to support the woman’s claims about other incidents that week.

What happens next: Article 46 of the current collective bargaining agreement gives Goodell absolute power over player discipline. Henderson’s decision in this case is further confirmation of that and strengthens the league’s position when other players appeal disciplinary decisions.

Elliott filed a federal labor lawsuit against the NFL, and the NFLPA requested a temporary restraining order that would delay his suspension until the case is resolved. The NFL has filed a motion to dismiss, and a hearing was scheduled for Tuesday on that matter. The NFL said in the hearing that Elliott’s suspension would not begin in Week 1. The court expects to have a ruling on the petition for a stay on the suspension by the end of the week.

If Elliott changes his mind and chooses to just accept the ruling, or if the court doesn’t grant the restraining order that would delay his suspension, he’ll be able to return to the field against Washington in Week 9, because his suspension will not begin Week 1 as well as the Cowboys’ bye in Week 6.