The NFL’s in-house justice system regarding punishment for on-field infractions lacks transparency. Except when the NFL wants transparency.
The information released by the league regarding the three-game suspension of Texans linebacker Azeez Al-Shaair operated like a flying elbow from the top rope, painting him as a villain and citing multiple different grounds for the punishment — his history, the hit on Jaguars quarterback Trevor Lawrence, Al-Shaair’s actions during the first fight after the play, and his actions during the second fight, after he was ejected.
As to the hearing conducted by former NFL offensive lineman Ramon Foster, there has been no transparency. By all appearances, there was nothing more than an up or down from Foster, with no reasoning or explanation.
Appearing on his radio show aired by 104.5 The Zone in Nashville, Foster declined to explain the basis for his decision.
“My job is to see the tape, evaluate the tape, and move on to how I proceed to evaluate the cases,” Foster said, via Cody Stoots. “There is no emotion or involvements that goes on behind it.”
It would be nice to have something more than that. One of the goals of punishment is deterrence. How can a player be deterred if there’s no clarity as to the connection between the conduct, the punishment, and the decision on appeal?
“Don’t do what Al-Shaair did” isn’t enough. Players have a right to know the line between what will and won’t get them suspended.
Foster also downplayed the fact that he’s employed by the Titans Radio Network, as the game day sideline reporter. On that point, Foster mentioned that Derrick Brooks, one of the other hearing officers, works for the Buccaneers. (According to the Buccaneers, Brooks has no formal role with the team; he’s treated like any other “alumni legend.”)
“This was not an issue,” an NFL spokesperson told PFT via email regarding Foster’s employment by the Titans Radio Network. “The four appeals officers, all former players, are jointly considered, selected and compensated by the NFLPA and the league.”
It should be an issue. While, as Foster said, the NFL and NFL Players Association want former players in the role of hearing officer, there are many former players who don’t work directly or indirectly for teams.
Anyone charged with resolving matters that entail the exercise of discretion should avoid not only impropriety but the appearance of it. The Titans and Texans are AFC South rivals. Someone who works for the Titans Radio Network shouldn’t be handling a disciplinary appeal regarding a player from the Texans. He shouldn’t want to.
But it’s part of the basic NFL reality. Conflicts of interest are everywhere, starting with the league’s obsession to have the Commissioner control and resolve any legal claims involving the teams, the league, and the Commissioner himself — and continuing with Tom Brady being allowed to own a team and serve as the top game analyst at Fox.
Looking at the issue more broadly, it’s just another day in post-standards paradise.
