NFLPA Noted Discrepancy in Watson, Roethlisberger Suspensions in Letter to NFL

The players union was prepared to compare the league’s handling of Watson’s case to that of Ben Roethlisberger’s years ago.

Editors’ note: This story contains accounts of sexual assault. If you or someone you know is a survivor of sexual assault, contact the National Sexual Assault Hotline at 1-800-656-4673 or at https://www.rainn.org.

Deshaun Watson is returning from his 11-game suspension for violating the NFL’s personal conduct policy where his NFL career started—in Houston. However, this time he’ll don a Browns jersey in his first regular-season game in 700 days as his off-field legal issues persist.

The quarterback has been accused of sexual harassment and sexual assault in more than two dozen lawsuits dating back to March 2021, and although the majority of them have been settled, two cases remain active. In a letter obtained by Sports Illustrated sent on behalf of the NFLPA to the NFL’s appeals officer, Peter Harvey, days after independent arbitrator Sue L. Robinson reached an initial disciplinary decision, the players association pitted Watson’s case side-by-side with Ben Roethlisberger’s. If Watson’s case was drawn out, the union was prepared to put the league’s treatment of “a white star quarterback and a Black star quarterback” side by side.

The former Steelers quarterback faced two allegations of forcible rape in 2009 and ’10. The July ’09 lawsuit eventually was settled in January ’12, and the individual from the second incident did not want the district attorney to prosecute. But the district attorney investigating the case announced in April ’10, “I would still be announcing the same result. We, based on the evidence here, don’t have enough evidence to prosecute.”

Roethlisberger initially was suspended six games for violating the league’s personal conduct policy. However, the punishment eventually was reduced to four games. The quarterback had denied the accusations, and the women did not cooperate with the league’s investigation.

Meanwhile 28 women publicly shared accounts of sexual misconduct by Watson, and 10 of them cooperated with the league’s investigation. In the 26 lawsuits that were filed from March 2021 to Oct. ’22, the descriptions range from him refusing to cover his genitals to “touching [a plaintiff] with his penis and trying to force her to perform oral sex on him.” The latest lawsuit, filed by a different attorney less than two months after the NFL and NFLPA agreed to suspend Watson for 11 games and fine him $5 million, says that “Watson removed his towel and offered to let her ‘get on top.’ Plaintiff refused to have sex with Watson, however, he was able to pressure her into oral sex with the Defendant.”

NFL commissioner Roger Goodell went so far as to describe Watson’s behavior as “egregious” and “predatory.” However, Robinson, who initially ruled to suspend Watson for six games, determined that his behavior did “not fall into the category of violent conduct.” The league went on to appeal her decision.

The players association’s letter highlighted Robinson’s determination of violent versus nonviolent conduct for Watson while emphasizing how Roethlisberger was “accused of multiple incidents of alleged violent sexual misconduct.”

It was known that the NFLPA was prepared to strongly defend Watson’s case, which it is obligated to do, because he pays dues as a union member. The 2020 collective bargaining agreement left a vast amount of power in the NFL’s hands for disciplinary proceedings, and this was the first case to go through the new process.

Watson’s alleged sexual misconduct, though, may have extended beyond the 28 women who have gone public. The New York Times’s Jenny Vrentas reported in June how the quarterback booked massages with at least 66 women over a 17-month period. But when asked whether the report was accurate, Watson said several days later, “I don’t think so, from what me and my attorneys went through.” Additionally, Vrentas reported in the same investigation that a Houston spa and the Texans “enabled” his massage habit, specifically mentioning that the Texans provided nondisclosure agreements and facilities for Watson’s sessions.

The Texans franchise later reached settlements with 30 women after it was accused of enabling his behavior.

The Browns and Texans kick off in Houston at 1 p.m. ET.