Four players suspended by the National Football League for their roles in what the league said was a bounty program conducted by members of the New Orleans Saints had their suspensions vacated by an appeals panel Friday, allowing them to rejoin their teams and play this weekend.
The decision represents a huge temporary victory for the players, who were immediately reinstated by Commissioner Roger Goodell Friday afternoon. But they are not entirely in the clear. The panel ruled that Goodell retains the power to discipline them for engaging in an “intent to injure” scheme because that would be considered conduct detrimental to the league. Goodell could still decide to suspend them — conceivably for exactly the same length of time — for actions the league alleges were violations of the league’s rule prohibiting pay for performance and bounty schemes.
"Consistent with the panel’s decision, Commissioner Goodell will, as directed, make an expedited determination of the discipline imposed for violating the NFL’s pay-for-performance/bounty rule,” a league statement said. “Until that determination is made, the four players are reinstated and eligible to play starting this weekend.”
The unanimous decision by a three-person appeals panel overturned an earlier decision by the system arbitrator Stephen Burbank that said Goodell had the authority to impose the suspensions, including a season-long one of Saints linebacker Jonathan Vilma. The narrow issue before the panel was whether this was a conduct issue, which would fall under Goodell’s jurisdiction to penalize, or if the offering of money to players constituted only a salary cap violation, the penalties for which would be decided by an arbitrator. The appeals panel concluded that the bounty system the league said was in place was a bit of both, and said the commissioner only had the power to discipline players for the part of it that involved an intent to injure opponents. The appeals panel instructed Goodell to adjust his discipline accordingly if any part of it was because he intended to punish them for salary cap violations.
The decision is a stunning rebuke to Goodell by a process put in place by the league’s own collective bargaining agreement with players. Goodell can revisit suspending the players if he can prove that they had an intent to injure opponents, something which the players have maintained was never the case. They said that money was offered only as a reward for big hits or good games, but not for targeting opponents for injury.
“Victory is mine!!!!” Vilma wrote on Twitter shortly after the news of the appeal’s outcome became public.
Vilma is not expected to play Sunday because of a previous injury. But the Saints’ Will Smith and the Browns’ Scott Fujita — who was a member of the Saints at the time of the alleged actions — could play on. The former Saint Anthony Hargrove is a free agent.
“Thank you to everyone involved in the process of this solution,” Smith wrote on Twitter. “And everyone who supported us through this whole ordeal.”
The appeal decision does not affect Coach Sean Payton, who is suspended for the season, the interim head coach Joe Vitt, who is suspended for six games, or General Manager Mickey Loomis, who is suspended for eight games. They remain suspended.
The decision represents a huge temporary victory for the players, who were immediately reinstated by Commissioner Roger Goodell Friday afternoon. But they are not entirely in the clear. The panel ruled that Goodell retains the power to discipline them for engaging in an “intent to injure” scheme because that would be considered conduct detrimental to the league. Goodell could still decide to suspend them — conceivably for exactly the same length of time — for actions the league alleges were violations of the league’s rule prohibiting pay for performance and bounty schemes.
"Consistent with the panel’s decision, Commissioner Goodell will, as directed, make an expedited determination of the discipline imposed for violating the NFL’s pay-for-performance/bounty rule,” a league statement said. “Until that determination is made, the four players are reinstated and eligible to play starting this weekend.”
The unanimous decision by a three-person appeals panel overturned an earlier decision by the system arbitrator Stephen Burbank that said Goodell had the authority to impose the suspensions, including a season-long one of Saints linebacker Jonathan Vilma. The narrow issue before the panel was whether this was a conduct issue, which would fall under Goodell’s jurisdiction to penalize, or if the offering of money to players constituted only a salary cap violation, the penalties for which would be decided by an arbitrator. The appeals panel concluded that the bounty system the league said was in place was a bit of both, and said the commissioner only had the power to discipline players for the part of it that involved an intent to injure opponents. The appeals panel instructed Goodell to adjust his discipline accordingly if any part of it was because he intended to punish them for salary cap violations.
The decision is a stunning rebuke to Goodell by a process put in place by the league’s own collective bargaining agreement with players. Goodell can revisit suspending the players if he can prove that they had an intent to injure opponents, something which the players have maintained was never the case. They said that money was offered only as a reward for big hits or good games, but not for targeting opponents for injury.
“Victory is mine!!!!” Vilma wrote on Twitter shortly after the news of the appeal’s outcome became public.
Vilma is not expected to play Sunday because of a previous injury. But the Saints’ Will Smith and the Browns’ Scott Fujita — who was a member of the Saints at the time of the alleged actions — could play on. The former Saint Anthony Hargrove is a free agent.
“Thank you to everyone involved in the process of this solution,” Smith wrote on Twitter. “And everyone who supported us through this whole ordeal.”
The appeal decision does not affect Coach Sean Payton, who is suspended for the season, the interim head coach Joe Vitt, who is suspended for six games, or General Manager Mickey Loomis, who is suspended for eight games. They remain suspended.