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American Football NFL has double standards when it comes to punishing players and owners

ON FRIDAY February 22, just weeks after the New England Patriots secured their sixth Super Bowl title under his stewardship, owner Robert Kraft was charged with two counts of soliciting sex as part of an investigation into prostitution and suspected human trafficking from a massage parlour in Jupiter, Florida.

The NFL world held its breath at what could be next for the most recognised owner of the league, perhaps in all American sport.

Since then Kraft has battled this case with his team of high-priced lawyers and has even managed to stop, for now, the release of the video after a judge ruled that the police failed to meet guidelines laid out in the search warrant and that prosecutors could not use the footage against the 77-year-old.

Those are just the cliff notes of what is becoming an increasingly complex situation. But the main thing to come out in the wash, at least in a sporting sense, is that Kraft may not be suspended for his behaviour and, in the words of one NFL executive speaking to Sport’s Illustrated’s Albert Breer, “nor should he be.”

Should Kraft avoid punishment from the league, regardless of the outcome in a court of law, it throws a feeling of double standards firmly into focus.

The league’s effort to protect one of their own and turn a blind eye to a worrying allegation is disturbing in its own right. Should they also do this against the backdrop of the charge and a potential guilty verdict it will be even more troublesome.

Consider that the league has moved to suspend several players with them never being charged.

In 2017 Dallas Cowboys running back Ezekiel Elliott was at the centre of a battle between NFL Commissioner Roger Goodell and Cowboys owner Jerry Jones as the Dallas runner was suspended six games after domestic violence allegations were raised by Elliott’s former girlfriend. He was never charged.

Yet that did not stop the league from fighting the appeals and injunctions to eventually see Elliott serve his six-game ban — something which irked Jones to the point where many felt he actively hindered Goodell’s efforts to get a contract extension.

Tampa Bay Buccaneers quarterback Jameis Winston was suspended for three games in 2018 for allegedly groping an Uber driver in March 2016. 

Again, Winston was never arrested or charged. But the league handed down the suspension regardless, claiming that Winston brought the league into disrepute.

I’m not here to say the league was right or wrong to suspend Elliott, Winston and a whole host of other players who’ve felt the wrath of the league despite not being charged. 

But it is uncomfortable that the powers that be are seemingly willing to play fast and loose with their rules depending on the position held by the accused.

The difficult actions of Jones post the Elliott saga indicate why it would be important for the league to keep a man such as Kraft on their side. Owners have considerable sway when it comes to changes the league proposes – especially an owner as revered as Kraft. Rocking that boat, from a league perspective at least, would be unwise.

But again, therein lies part of the problem. Decisions being carried out with ulterior motives at the forefront of them. Suspend Elliott for six games? Well you have another two or three running backs on your roster who can fill his void in the line-up. 

In this regard, players are seen as disposable – and if we’re being honest it is not just in this regard alone – while owners and executives are afforded the protection of their powerful peers. 

The league could make a mockery of the justice system and its own disciplinary rulings should Kraft get a free pass when it’s almost certain a player would not be given the same sympathetic treatment.

The NFL’s disciplinary policy operates independently from that of state laws. Their actions involving Kraft will be interesting to follow, particularly as the investigation is running concurrently to that of Kansas City Chiefs wide receiver Tyreek Hill, who is currently waiting to find out his fate after allegedly breaking his son’s arm and threatening his wife. 

Again, to this point, Hill has not been criminally charged.

All justice systems are put in place to hold people accountable for their actions. Yet the NFL has made several blunders in this area. 

If you have watched any NFL documentary you will have seen how coaches, players and executives constantly bandy around “accountability.”

However, that word is almost exclusively attached to the players. 

Outside of that it is little more than a buzzword along with “consistency.”

Meaningful in their own right but feeling the strains of diminishing returns for how often the NFL trots them out.

Regardless of the outcome of Kraft’s case, the league should be true to their words and show consistency by making Robert Kraft accountable for his actions in bringing the game into disrepute.

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