Cleveland Browns quarterback Deshaun Watson, who in October reached an out-of-court settlement with a woman in Texas who sued him for sexual assault and battery, will not face punishment by the NFL.
As a result, the matter is closed to the NFL, which in 2022 suspended Watson for 11 games and fined him $5 million for conduct detrimental. A league spokesperson confirmed to Sportico by email that “there was insufficient evidence to support a finding of a violation of the personal conduct policy.” The news was first reported by Cleveland.com.
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The development is not surprising given that the litigation settlement contained confidentiality provisions which made it more difficult for the NFL to obtain testimony and evidence that would support a finding that Watson violated the personal conduct policy. Settlements of this kind ordinarily prohibit the parties from speaking about the matter and sharing any relevant evidence (such as texts, emails, direct messages, videos and phone records). Those confidentiality provisions are enforceable by contract, meaning a party that violates them can be sued for breach of contract and potentially face large monetary damages.
As a private entity, the NFL lacks subpoena power. It can’t compel the plaintiff, who was identified by the pseudonym Jane Doe, or any other party outside the NFL to cooperate in a league investigation. Any records that the league would find relevant in applying the personal conduct policy to the allegations against Watson were not obtainable from Doe unless she voluntarily agreed to provide them.
The league’s decision could be worth, literally, hundreds of millions of dollars to Watson. The $230 million contract Watson signed in 2022 is generally guaranteed, but as Sports Illustrated reported, the Browns have the authority to terminate the contract for serious misconduct occurring off the field. The Browns would have been on stronger legal ground to invoke that type of language if the league had suspended Watson.
Watson’s season ended in October when he suffered a season-ending ruptured right Achilles during a noncontact play. At the time of his injury, the 29-year-old former Houston Texans star was ranked 31st—i.e., last—for adjusted total QB ratings of statistically qualified players. He is expected to return in the 2025 season.
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