Maybe I'm the only one who needed this clarification, but in case there are others out there who weren't clear on exactly what was found by the Panel yesterday, here is the clearest summary I have found (
Bold emphases are mine):
"The narrow issue before the panel was whether this was an issue of conduct detrimental to the league, which would fall under Goodell’s jurisdiction, or, as the players’ union contended, whether the offering of money to players constituted an improper payment, which would be 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 had only the power to discipline players for the part of it that involved an intent to injure opponents. The panel, saying that the seriousness of the matter merited caution because it was not clear what Goodell had in mind when he issued the discipline, instructed Goodell to adjust his discipline accordingly if any part of it was because he intended to punish the players for salary-cap violations."
To me, this is very, very embarrassing for Goodell; the issues, as explained by the panel, are so clear cut from a legal point of view that one wonders whether Jeffrey Pash (
HLS, 1980) is still up to the job of General Counsel of the NFL.
As I recall, the league established during its proceedings that the Bounty Program was indeed in place but, beyond the lockerroom tape, never really tries to
establish that
individual players had an "intent to injure."
That suggests to me that there was an almost unforgivable lack of clarity of thinking on the part of the league.
To someone who deals with the importance of distinction and nuance at the C-Suite level nearly every day, this would rise to the level of malpractice when you consider the scope and size of the enterprise known as The National Football League.
Or had he confused the two separate issues so badly that he didn't understand what he had to prove?
If Goodell were a CEO of a major corporation and had a tough Board to which he had to answer, this would be a firing offense.
You can read the whole article at:
http://www.nytimes.com/2012/09/08/s...saints-in-bounty-scandal.html?_r=1&ref=sports