(Image via Ken Blaze/Imagn Images)
It was reported that Cleveland Browns QB Deshaun Watson has once again been sued for sexual assault and battery. As most of you can remember, Deshaun Watson was suspended 11 games during the 2022 season for sexual misconduct. This was a negotiated suspension that allowed for Deshaun Watson to essentially grandfather in the suspension without it having the ability to void his guarantees on his new $231 million contract. That is because the CBA allows teams to void remaining guarantees on a contract for a suspension for a violation of the personal conduct policy (which the NFL found Watson did). However, those lawsuits were based on sexual misconduct (exposing oneself or making inappropriate sexual remarks). These allegations are far more serious. “Watson grabbed Jane Doe’s legs and positioned her so that she was laying down. Watson then partially disrobed Jane Doe and penetrated her [v*****] without consent, implicit or explicit. Jane Doe felt paralyzed, unsure if she should risk her safety by trying to stop Watson or endure his assault. Watson roughly sexually assaulted Jane Doe for several minutes in a [sexual position] before grabbing her and flipping her over. Watson continued to assault Doe aggressively from behind. Jane Doe finally gathered the courage and strength to escape Watson.” **Words bracketed in quote to mask graphic sexual content**
As one can see, these allegations are far more aggravating than the previous lawsuits. This begs the question: Did the National Football League, the Cleveland Browns, and/or the Houston Texans know about these allegations in 2022, when the trade sending Watson to Cleveland was consummated, as well as the subsequent suspension? This is important because the anticipated suspension was specifically considered in the 2022 contract, meaning that the personal conduct suspension would NOT void the guarantees in his contract as one usually would. However, since the suspension, Deshaun Watson has played a grand total of 13 games in three seasons. Of course, he was suspended for 11 games in 2022 and then missed another 11 games in 2023. However, his completion percentage is down from 70.2% in 2020 (when he was with the Texans). He had a completion percentage of 58.2% in 2022 and 61.4% in 2023. Those are hardly par for the player with the largest full guarantee in the history of football.
Winston Churchill once said, “Never let a good crisis go to waste.” With Watson the subject of another sexual assault lawsuit (this one alleging forcible rape), are the Browns going to use this as an opportunity to suspend Watson and use that suspension as a preface to void the remaining guarantees on his contract? Yes, they would be in salary cap hell for the next several years (restructuring his contract was a massive mistake in my opinion). The simple answer is: It depends. If they were aware of these allegations, the contract provision which specifically excludes voiding the guarantees would still control and Watson would remain under contract for 2+ more seasons. If not, the Browns could feasibly suspend Watson for Conduct Detrimental to the Club if these allegations were not known when they signed him. That suspension for Conduct Detrimental would allow for the Browns to void all remaining guarantees. The NFL could place Deshaun Watson on the Commissioner’s Exempt List but remember that allows for full pay and there is no guarantee the league would do anything to help them. Remember the Browns broke all understood norms by fully guaranteeing Watson’s entire contract. That decision reverberated throughout the entire league and forced many influential owners to have conversations with their star QBs about why they were not also going to get a fully guaranteed contract.
With how poorly Watson has played since the trade, the Browns need to ask themselves if they are going to let a good crisis go to waste? If not, there will undoubtedly be lawyers.
Matthew F. Tympanick is the Founder/Principal of Tympanick Law, P.A., located in Sarasota, Florida where he focuses his practice on Criminal Defense, Personal Injury, and Sports Law. He is a soon-to-be National Football League Certified Contract Advisor. He is a frequent legal analyst on Court TV, Live Now on Fox, and Law & Crime Trial Network. He was recently a featured contributor on 48 Hours on CBS. He has also appeared on television, radio, and podcasts discussing various criminal law issues. He is a graduate of the University of Massachusetts, where he served as a Public Interest Fellow and as a Staff Editor on the UMass Law Review. Attorney Tympanick was previously a felony prosecutor in Sarasota and Manatee Counties in Florida. In over seven years as an attorney, Attorney Tympanick has tried over forty cases and handled thousands more. You can follow him on Twitter, Instagram, and Facebook @TympanickLaw. Arrested or Injured? Don’t Panic..Call Tympanick 1(888)NOPANIC. www.tympanicklaw.com.