Assignment:
Case Study
Is the NFL Conduct Policy Working?
In response to the murder charges levied against Baltimore Ravens linebacker Ray Lewis, the NFL owners established a personal conduct policy in 2000. Former Commissioner Paul Tagliabue used it to issue short suspensions. In 2007, the NFL invoked the integrity of the game powers to lengthen the suspensions a commissioner could levy and even allowed for indefinite ones if the player's actions involved violent or criminal behavior that undermines the NFL's integrity, erodes public confidence, or results in tragic consequences to perpetrator and/or victim (Maravent, 2010). From January 2006 through April 2007, more than 50 players were arrested (Bell, 2007a). Two-Tennessee Titans cornerback Adam "Pacman" Jones and Cincinnati Bengals wide receiver Chris Henry-were among the worst offenders. Jones had been arrested five times and questioned an additional five times since he had been drafted in 2005. Jones' arrests involved felony and misdemeanor charges involving fights and other incidents, including one in which a security guard was left paralyzed after being shot by someone in Jones' party.
Over a 14-month period, Henry had been arrested four times in three different states for charges involving firearms use and concealment, as well as driving recklessly, DUI, and providing alcohol to minors. After 7 months on the job, NFL Commissioner Roger Goodell held hearings with Jones and Henry to determine their fate (Bell, 2007a). Following the hearings, Goodell announced a 1-year suspension of Jones and an 8-game ban on Henry as well as a strengthened NFL conduct policy. Goodell stated: "We hold ourselves to higher standards of responsible conduct because of what it means to be part of the National Football League" (Associated Press, 2007, par. 4). The Commissioner also mentioned that the NFL has always had a commitment to ensuring that players live up to these standards and that the new policy would continue to support this goal (Associated Press, 2007).
The updated policy resulted from NFL officials' frustration with the players' behavior. As owner, Bob McNair of the Houston Texans remarked, "[f]ines are such a small part of a player's total compensation. They don't pay attention to it . . . A $50,000 fine, [it's like], ‘I spent that last night when I got arrested. That's what I gave one girl'" (Bell, 2007b). Many NFL players were equally frustrated, according to Gene Upshaw, then-Director of the NFLPA, who supported Goodell's approach. "The conduct of some players is what got us to this point," Upshaw said. "But I think the insistence of a lot of players also drives the need for a stronger policy. This is a grass-roots movement" (Bell, 2007b).
"The NFL Players Association and the Player Advisory Council have been discussing this issue for several months," Upshaw said. "We believe that these are steps that the commissioner needs to take and we support the policy. It is important that players in violation of the policy will have the opportunity and the support to change their conduct and earn their way back" (Associated Press, 2007). Goodell called former players for input and put together a six-player advisory panel on conduct issues (Bell, 2007b).
The conduct policy Goodell introduced applies to all NFL employees. The definition of NFL employees is broad, including players under contract plus those drafted and undrafted players about to commence negotiations with teams. It also includes coaches, officials, owners, front office, and league personnel (NFLPA, 2008). In 2010, 3 years into the policy, the NFL continued to battle its image problem. In response to sexual assault allegations being raised against Pittsburgh Steelers quarterback Ben Roethlisberger in March 2010, Commissioner Goodell reconfirmed how seriously he takes the conduct policy. He sent a memo to all NFL teams to clarify that the new policy was not just a warning against criminal behavior, but a requirement, and that all representatives of the NFL brand must behave responsibly. Goodell stressed that any hint of improper or unlawful behavior would risk the loss of the respect of the fans and business from the partners. Thus, even if the bad behavior does not occur with one's own team, if bad behavior occurs with any team, it impacts all teams and the league as a whole (La Canfora, 2010, par 5).
Discussion Questions
1. Once a player's association (union) is in existence, any changes in the workplace that involve mandatory subjects for bargaining may not be unilaterally implemented by the league (management) but must be negotiated with the players. Mandatory subjects for bargaining are hours, wages, and terms and conditions of employment. Should this new conduct policy have been negotiated with the NFLPA through collective bargaining?
2. Commissioners have long held power to make decisions to maintain the integrity of the game. Historically, the integrity of the game decisions has involved gambling, drug use, on-field bad behavior, and bad behavior toward fans. Does this conduct policy fit within the integrity of the game provision? Does regulating off-field behavior go too far? Because the commissioner can act simply when someone in the organization is arrested, how do we reconcile it with the concept of innocent until proven guilty?
3. What will be some of the challenges in enforcing the policy? How will the league impose fairness?
4. As a manager, what strategies would you adopt to keep from having this policy invoked against members of your team (players and staff)?
5. What suggestions do you have for Commissioner Goodell and the NFLPA about player conduct and discipline issues when they sit down to negotiate their next CBA?
6. Using Google, examine the news over a 2 to 3 year period to determine if the NFL policy is working. Does it apply to team and league management and coaches as well as players? What is your assessment as a fan? Does the behavior of players on and off the field influence your decision to follow the NFL? Do you think it would affect the decisions of sponsors to be associated with the NFL? Individual teams? Individual play?