[Senate Hearing 113-725]
[From the U.S. Government Publishing Office]
S. Hrg. 113-725
ADDRESSING DOMESTIC VIOLENCE IN
PROFESSIONAL SPORTS
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
__________
DECEMBER 2, 2014
__________
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota, Ranking
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK BEGICH, Alaska DAN COATS, Indiana
RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
EDWARD MARKEY, Massachusetts DEB FISCHER, Nebraska
CORY BOOKER, New Jersey RON JOHNSON, Wisconsin
JOHN E. WALSH, Montana
Ellen L. Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel and Chief Investigator
C O N T E N T S
----------
Page
Hearing held on December 2, 2014................................. 1
Statement of Senator Rockefeller................................. 1
Statement of Senator Thune....................................... 2
Statement of Senator McCaskill................................... 4
Statement of Senator Heller...................................... 5
Statement of Senator Klobuchar................................... 111
Statement of Senator Schatz...................................... 114
Statement of Senator Walsh....................................... 116
Statement of Senator Ayotte...................................... 117
Statement of Senator Blumenthal.................................. 119
Statement of Senator Booker...................................... 121
Statement of Senator Cantwell.................................... 123
Statement of Senator Rubio....................................... 124
Witnesses
Troy Vincent, Executive Vice President for Football Operations,
National Football League....................................... 6
Prepared statement........................................... 8
Teri Patterson, Deputy Managing Director, NFL Players Association 10
Prepared statement........................................... 12
Joe Torre, Executive Vice President of Baseball Operations, Major
League Baseball................................................ 15
Prepared statement........................................... 17
Virginia Seitz, Outside Counsel, Major League Baseball Players
Association.................................................... 19
Prepared statement........................................... 20
Kathy Behrens, Executive Vice President, Player Programs and
Social Responsibility, National Basketball Association......... 22
Prepared statement........................................... 23
Michele Roberts, Executive Director, National Basketball Players
Association.................................................... 70
Prepared statement........................................... 72
Jessica Berman, Vice President and Deputy General Counsel,
National Hockey League......................................... 73
Prepared statement........................................... 75
Steven Fehr, Special Counsel, National Hockey League Players
Association.................................................... 103
Prepared statement........................................... 104
Appendix
Hon. John Walsh, U.S. Senator from Montana, prepared statement... 135
Letter dated December 9, 2014 to Hon. John Rockefeller and Hon.
John Thune from members of the National Task Force to End
Sexual and Domestic Violence Against Women..................... 135
Response to written questions submitted to Troy Vincent by:
Hon. John D. Rockefeller IV.................................. 143
Hon. Barbara Boxer........................................... 144
Response to written questions submitted to Teri Patterson by:
Hon. John D. Rockefeller IV.................................. 146
Hon. John Thune.............................................. 147
Response to written questions submitted to Joe Torre by:
Hon. John D. Rockefeller IV.................................. 148
Hon. Barbara Boxer........................................... 149
Response to written questions submitted by Hon. John D.
Rockefeller IV to:
Virginia Seitz............................................... 150
Response to written questions submitted to Kathleen Behrens by:
Hon. John D. Rockefeller IV.................................. 151
Hon. Barbara Boxer........................................... 152
Response to written questions submitted by Hon. John D.
Rockefeller IV to:
Michele Roberts.............................................. 154
Response to Written Questions Submitted to Jessica Berman by:
Hon. John D. Rockefeller IV.................................. 156
Hon. Barbara Boxer........................................... 156
Response to written questions submitted to Steven Fehr by:
Hon. John D. Rockefeller IV.................................. 157
Hon. John Thune.............................................. 158
ADDRESSING DOMESTIC VIOLENCE IN PROFESSIONAL SPORTS
----------
TUESDAY, DECEMBER 2, 2014
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:32 p.m. in room
SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
The Chairman. The hearing will come to order.
Sports have always played a huge role, culturally and
otherwise, in the United States. Just last week on
Thanksgiving, millions of Americans were probably paying more
attention to their TV sets than to their turkeys. It's part of
our cultural deal. I hope it's a good one. Athletes have become
icons in America. I remember my, at that time 10-year-old, son
had this gigantic poster of Ray Nitschke. It took up half his
room. That's the way it was then. He's now 45. That's the way
it was then, it's the way it is now.
Whether we like it or not, major league athletes serve as
role models for our youth. Generations of children have grown
up watching sporting events with their parents--it's a family
affair--and game day traditions have been handed down from one
generation to the next, just literally. It's an amazing
American phenomenon. Kids wear the jerseys of their favorite
players, they have their posters, and collect their cards, most
of which are not charged for, I guess. But it's an amazing
figure, and it's one that we want to talk about.
Given this reality, I hope we can skip protestations about
how domestic violence is a larger societal problem and not
unique to sports. We often get that. It's not known by most,
but this committee has complete and absolute jurisdiction, that
is oversight, over all sports at all levels, and we have
exercised it with college sports, the NCAA, and we are doing
through the courtesy of your presence. Of course, it's a
societal problem, and it's a grievous one, and it's kind of
come upon us really fast in terms of public awareness and the
coverage of it. But as a nation, we have a responsibility to
collectively and aggressively address this terrible problem. We
all do, you, we.
But given the high-profile nature of professional sports,
when a celebrity athlete is charged with committing domestic
violence, it uniquely reverberates through our society in
fascinating ways. And because professional sports enjoy unique
benefits bestowed upon them by the public, such as public funds
for stadiums or exemptions from antitrust laws, it's entirely
proper for this committee to focus its attention on how
professional sports leagues and their unions are handling the
problem of domestic violence within their ranks.
At today's hearing, I want to learn what the four major
professional sports leagues and their players' associations are
doing to address this problem, and we really do want to find
out. I want to know if you're developing uniform policies that
will effectively and appropriately punish players who commit
what are criminal acts against women and children. I want to
learn what the leagues can already do with their existing
authorities--the NFL comes to mind on that--and what must be
the subject of new collective bargaining, which may be more
popular with some than with others.
I also want to be clear. The problem of domestic violence
in professional sports is not a problem unique to the NFL. The
NFL has made most of the recent headlines in recent months,
both for shocking and high-profile incidents and for the
league's controversial response. All of the professional sports
leagues represented here today, however, have a problem with
athletes or employees who have committed violent, criminal
acts, all of them. And I can give them to you if you try to
deny it.
Until very recently, the leagues' records have not been
good. There's a long list of players in the NFL, the NBA, the
NHL, and Major League Baseball who have been charged with, and
in some cases convicted of, domestic violence, and the leagues
have done little or nothing in response. In fact, the press has
reported that a culture of silence within the leagues often
prevents victims from reporting their abuse to law enforcement.
This has to change. There are reasons for that, financial, etc.
The culture is silence, because in most case, the athlete being
male, the wife doesn't want to give up the salary, and all of
these things come into it. But it has to stop, and that's what
we're here for, to talk about it and to move forward.
My very excellent Co-Chair here, Senator Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Mr. Chairman, for holding this
hearing to discuss the serious issue of domestic violence in
professional sports.
And let me just say that I was that 10-year-old kid that
you're talking about who grew up aspiring, admiring and
idolizing professional athletes. I grew up in a small town in
South Dakota of 800 people, where we didn't get a newspaper
until the following day. You didn't get box scores, you got
line scores to follow your baseball players. We got one
television channel, the CBS affiliate, so I got to watch the
Green Bay Packers twice a year which happened to be the two
times they played the Minnesota Vikings in their divisional
games. That became my team because we only got that one
television station. We didn't have a lot of the apparel either,
so I'd take a white T-shirt and a blue felt pen and put 32 on
it for LA Dodgers pitcher Sandy Koufax, and I wore that. Also,
when I was younger, I was a big Bart Starr fan, my younger
brother was a Roger Staubuch fan.
I tell you all that by way of background, just to indicate
that all of us in this country have a tremendous admiration for
people who succeed at that level. And it is incredible the
influence that people who are successful in professional sports
have on the young people in this country who watch them.
Whether they like it or not, these athletes are role models,
and certainly, we hope, good ones. That's why I think this
domestic violence issue that's been brought to our attention
here of late and entered the national discussion is so
important.
As a father of two daughters, I found the graphic security
camera footage of running back Ray Rice and his then fiancee to
be sickening, like so many others did across this country. I
think the NFL's initial response to this matter was completely
inadequate. A two-game suspension was a paltry sentence for
such violent behavior. At best, the NFL failed to understand
the scope and severity of the incident. At worst, by waiting to
suspend Mr. Rice only after the elevator video was made public,
the NFL sent a mixed message to millions of fans and the
general public about how it handles such acts of violence.
And of course, as you mentioned Mr. Chairman, this isn't
unique to professional football. We're going to hear today that
every league has experienced similar acts of violence by their
respective players over the years. I'm troubled by recent
remarks from the Commissioner of Baseball that seemed to
downplay the extent of the problem within his sport. Rather
than minimizing the issue, I believe the correct approach is
for the leagues to engage in meaningful talks with their
players' unions and other stakeholders to ensure player conduct
policies are sufficient when such acts of violence are carried
out. That may mean renegotiating certain contract provisions
and strengthening penalties where appropriate.
Questions of due process, such as determining if, when, and
how a player should be disciplined are also an important part
of this conversation. But this is a conversation that needs to
take place because sadly, this issue isn't going away any time
soon. While I'm encouraged to hear that in many of the leagues
represented here today the conversation has begun, we should be
working toward a consistent policy when it comes to such acts
of violence.
Violence of any kind, but particularly against women and
children, is simply unacceptable. It is my hope that today's
hearing will shed some light on what professional sports
leagues are doing to address these issues. If, as many believe,
the current policies of the national sports leagues are
insufficient to address these concerns in an adequate and
equitable manner, I hope that today's hearing will put pressure
on the leagues and the players' unions to make whatever changes
are necessary to ensure that such acts of violence are
addressed swiftly, and perpetrators are disciplined
appropriately.
Mr. Chairman, in the past, we've used our jurisdiction in
this area to examine a number of issues, ranging from steroids
in sports to protecting children from concussions. So often,
when we turn our attention to issues involving professional
sports, questions are raised about whether it's the best use of
our time and resources. For instance, in 2005, this committee
held a series of hearings to examine the policies of major
league baseball concerning the use of steroids. I wasn't on the
Committee at that time, but I'm aware of some of the headlines
that these hearings generated, including those that called the
steroid hearings a waste of time and money.
But Mr. Chairman, as a result of those hearings, something
remarkable happened. Major league baseball turned the corner
from its sordid so-called ``Steroid Era'' and implemented a
series of sweeping reforms that we're still witnessing. Our
committee's ability to shine a bright light on problems in the
world of sports is often all it takes to induce real and
meaningful change, and we've been able to do so without changes
in Federal law.
So I believe this hearing is important. Questions
surrounding how professional sports leagues address domestic
violence are valid ones and rightly warrant scrutiny by this
committee. Professional athletes and the teams they play for
are, for better or worse, role models and opinion makers. What
they do to combat this unacceptable behavior can help set an
example, especially for the youngsters who grow up watching
them. And while I thank the witnesses for being here today and
sharing your testimony, it's disappointing that the league
commissioners are not here to speak for their sports. It's also
unfortunate that, with the notable exception of the NBA Players
Association, the heads of the other players' associations are
not here today.
These are issues that are not and should not be partisan.
And it may very well be appropriate for the Committee to
revisit this topic in the next Congress to assess the progress
of the leagues and the players' association in dealing with
domestic violence.
Mr. Chairman, thank you.
The Chairman. Thank you very much, Senator.
Now, we're going to have something that we don't usually do
but we're going to do today. The Chair of the relevant
subcommittee, Claire McCaskill, will speak for two minutes, I
do believe, and be followed by Senator Heller.
STATEMENT OF HON. CLAIRE McCASKILL,
U.S. SENATOR FROM MISSOURI
Senator McCaskill. Thank you, Mr. Chairman, for holding
this important hearing.
The bright light of public attention needs to be turned on
at a very high wattage at a problem that exists in the shadows
in a very dark and scary place. With great power and influence
comes great responsibility, and no one will debate that
probably the leagues you represent here today have more power
and influence in our country than maybe any other institutions
that I can think of. Professional sports must do a better job
of setting an example to young people and victims of domestic
violence, who face very difficult decisions as they struggle
with holding their abusers accountable.
Professional sports, with very few exceptions, have done
little to hold those who commit this crime accountable. And
perpetrators know that if they can only get their victims to
recant, refuse to cooperate, threaten their financial future,
threaten the future of their family's financial status, or put
them on an airplane to Venezuela, if they can accomplish those
things, then nothing will happen.
There has been little or no effort to independently get the
facts, rather just use the predictable outcome that very few
who are abused will have an adequate support system within the
families of the professional sports teams where they exist, to
get the support to come forward and hold their abuser
accountable. And so, by and large, professional sports teams
have relied on the failure of the criminal justice system to
get convictions as their excuse as to why no players or very
few players have been held accountable.
I'm anxious to hear how you view your responsibility to
independently gather the facts and hold the professional
athletes that commit these crimes accountable with sanctions
within your leagues.
Thank you, Mr. Chairman.
The Chairman. Senator Heller.
STATEMENT OF HON. DEAN HELLER,
U.S. SENATOR FROM NEVADA
Senator Heller. Thank you Mr. Chairman. I appreciate the
Committee's attention to this important issue.
I didn't realize until this hearing that Nevada was so
advanced, because with three channels, three television
channels, we were able to watch our Warriors, our San Francisco
49ers, and the Giants play.
I know that there are some here in this room that may
question why Congress is involved in this issue, and I'd like
to explain why. Every minute in the United States, 20 people
will experience domestic violence.
Last night, more than 20,000 phone calls were made to
domestic violence hotlines. One in three women will experience
physical violence from a partner sometime in their lifetime.
Children exposed to domestic violence are more likely commit
domestic violence later in life. As a husband, a father of two
wonderful daughters, this is simply unacceptable and something
that must be changed.
These numbers aren't just statistics, they're people.
They're wives, they're mothers, daughters, they're sisters, and
they're friends. The witnesses before us today represent the
most popular and commercially successful sports leagues in the
world. Their star players are household names and role models
for fans and aspiring young athletes.
In the past few years, we've witnessed some truly shocking
acts from some of these public figures. But just as concerning
is how the leagues have handled these situations and how the
unions protected these players for years.
It's very clear to me that getting these players back on
the field was more important than addressing incidences of
sexual assault, domestic violence, even child abuse. In the
past, leagues and the unions simply brushed these problems
aside and left it to the courts. Only when a video surfaced of
the brutal punch an NFL player landed on his fiancee did the
collective conscience of America demand these leagues and
unions change their approach.
I can only imagine what survivors feel like today. As I
wrote in a letter earlier this year to NFL Commissioner Roger
Goodell, by waiting until the video of a shocking act of
domestic violence by one of their players became public, they
effectively condoned the actions of this player. I believe the
same holds true for the players' association, and in fact, I
don't think you even understand the full scope of the problem.
When the Ray Rice decision was overturned the NFL Players
Association said, ``This decision is a victory for a
disciplinary process that is fair and transparent. This union
will always stand up and fight for the due process of our
players.''
This is not about due process. This is not about the
collective bargaining agreements you do not like anymore or
want to change. This is not about any type of labor issues you
may have with the league. This is about helping to stop a
terrible problem in society. Wives, mothers, sisters,
daughters, and friends are being beaten. When you are worrying
more about getting back on the field instead of stopping abuse,
your priorities are out of order. Instead of addressing the
problem, inadequate or nonexistent league policies and codes of
conduct mean that aggressors have not been dealt with
appropriately, and the survivors of domestic violence have been
left behind.
There is no place in any society for these horrifying acts
of domestic violence and sexual assault. Our nation's
professional sports leagues have a unique ability to make a
difference. The American people need you to step up, and this
committee wants to know what you're going to do to take a
stand.
Thank you.
The Chairman. Thank you, Senator.
We go now to the witness list. Again, I express our
appreciation for your being here. And we'll start with Mr. Troy
Vincent, who is Executive Vice President of Football
Operations, the National Football League. Welcome.
STATEMENT OF TROY VINCENT, EXECUTIVE VICE PRESIDENT FOR
FOOTBALL OPERATIONS, NATIONAL FOOTBALL LEAGUE
Mr. Vincent. Mr. Chairman and Members of the Committee, my
name is Troy Vincent. I'm the Executive Vice President of
Football Operations at the National Football League. I'm
pleased to discuss the work we have underway at the NFL to
address conduct standards, including domestic violence and
sexual assault. We want to set the highest standards for
personal behavior in order to meet the expectations of our
fans, players, and those of the general broader public.
In 2007, Commissioner Goodell issued an enhanced Personal
Conduct Policy for all players, owners, and league employees.
But as recent events made clear, we have not kept our standards
current with our own values. We've made mistakes. We've been
humbled. We accept the criticism we've received, and we are
committed to being part of the solution. We will get this
right.
Mr. Chairman and committee, when I consider these issues, I
bring a perspective far beyond an NFL executive. Domestic
violence was a way of life in my home growing up. My brother
and I watched helplessly numerous times as my mother was beaten
and knocked unconscious as we dialed 911. We saw how she
struggled to seek help and find the courage to say no more. The
sense of fear and the complexities accompanying this violence
remain very real in my life today.
I have committed my life's work for the last 20 years as an
advocate against domestic violence, in an effort to keep others
from experiencing this lifetime pain. I relate to the 12
million victims, survivors of domestic violence, and sexual
abuse in every community across our great nation.
In addition, I had the honor and the privilege of playing
in the National Football League for 15 years. Twelve of those
years, I served as a union official. Four of those years, I
served as the NFL Players Association president. I support the
interest of all players in a fair process. I led those efforts.
I know the majority of our current and former players are
terrific husbands, fathers, and men who have made incredible
contributions into their communities.
Mr. Chairman, players know that league standards are not
labor issues nor management issues. They're issues that concern
everyone.
In 2007, the league and the players' union worked closely
together, collaborated in developing a Personal Conduct Policy.
I was part of those efforts. And today, just as in the past,
the league has invited the NFLPA along with other experts to
assist us in setting the highest possible standards.
The NFL is taking a number of steps to improve how we
respond to incidents of domestic violence, child abuse, and
sexual assault.
First, through efforts personally led by the Commissioner,
the NFL has undertaken a thorough review of our Personal
Conduct Policy, having consulted with over l00 leading experts
across a broad range of subjects. Our goal is a set of clear
rules to govern accountability for misconduct, and to establish
a fair process for our player and employee discipline. We will
create a conduct committee responsible for review and recommend
changes to the Personal Conduct Policy going forward. Experts
will continue to advise both the conduct committee and the
Commissioner, so that we always have the right voices at the
table on both educational and disciplinary work.
Second, we are deploying a comprehensive mandatory
education program for the more than 5,000 men and women in the
NFL family. Our goal is to ensure that everyone understands the
full scope of this behavior and is familiar with the warning
signs associated with these crimes. Education also promotes
prevention. By standard intervention, how individuals can
appropriately and safely help those at risk, is another key
focus area of our education.
Third, we're training critical response teams to help
prevent and respond quickly to family violence and sexual
assault, including safety, medical, legal, and financial
support.
Fourth, we are supporting leading domestic violence and
sexual assault awareness and prevention groups, including the
National Domestic Violence Hotline and the National Sexual
Violence Resource Center.
Fifth and finally, we are raising awareness of the critical
issues of domestic violence, child abuse, and sexual assault.
In collaboration with the ``No More'' campaign and the Joyful
Heart Foundation, the NFL is airing public service
announcements during our games. Finally, we are promoting
programs for those who play, coach, and manage our games at all
levels, including age-appropriate character development,
healthy relationship education, as well as dating violence,
domestic violence, child abuse, and sexual assault education.
We've learned a great deal from our mistakes, and by
listening to experts in the domestic violence, child abuse, and
the sexual assault communities. The more we've listened, the
more we've learned and become more aware of these complexities,
both of the problem and the solutions. We're working hard to
balance the issues of a fair process with the goal of
preventing and punishing these behaviors.
Mr. Chairman and the Committee, we believe that wearing the
uniform of an NFL player is a privilege. It is not a right.
Every member of the NFL community must embrace this unique
leadership role that we play in our society and the trust that
you place in us. We look forward to working with the Committee
to advance these goals I know we all share.
Thank you for this opportunity. And Chairman, I thank you
for your lifetime service in this area.
[The prepared statement of Mr. Vincent follows:]
Prepared Statement of Troy Vincent, Executive Vice President for
Football Operations, National Football League
Mr. Chairman and Members of the Committee:
My name is Troy Vincent, and I am the Executive Vice President for
Football Operations at the National Football League. I am pleased to
appear here this afternoon to discuss the work we are currently
undertaking to address standards of personal conduct, with a particular
focus on domestic violence and sexual assault. At the NFL, we want to
set the highest goal for personal behavior in order to meet the
expectations of our fans, players, and broader public.
Shortly after he became Commissioner in 2007, Commissioner Goodell
issued an enhanced Personal Conduct Policy to reinforce the high
standards expected of all NFL players, owners, and league employees.
But as deeply disturbing recent events made clear, we have not kept our
standards current with our own values. We made mistakes, and we have
been humbled by this experience. Much of the criticism of the league
stems from a fundamental recognition of the NFL's unique place in our
society and the opportunity we have to project important values in ways
that have a positive impact beyond professional football. We will get
this right: we accept the criticism that we have received; and we are
committed both to learn and to being part of the solution.
Mr. Chairman, when I consider these issues, I bring perspectives
beyond that of an NFL executive.
Domestic violence was a way of life in my home growing up. As young
boys, my brother and I watched helplessly numerous times as our mother
was beaten, and we called 911 while she lay unconscious. We saw how she
struggled to seek help, and find the voice and courage to say ``no
more.'' The sense of fear, powerlessness, and all the complexities that
accompany this violence remain very real for me today. I have worked
for over 20 years as an advocate against domestic violence to try to
help keep others from experiencing this pain. So I very much relate to
the more than 12 million victims of domestic violence and sexual
assault in every community in this nation, amongst every economic class
and racial and ethnic group. This is not an issue limited to the NFL,
or to professional sports.
In addition, I was privileged myself to play in the National
Football League for 15 years. I relate to our current and former
players, the vast majority of whom are terrific husbands, fathers, and
men who make incredible contributions within their communities. We know
that when one player engages in unacceptable conduct, it unfairly casts
all of us in the League in the same light. Finally, for 12 years I
served as a union officer, and four of those years I was President of
the NFL Players Association. I support the interest all players have in
a fair process. But I know full well that our players have no tolerance
for these incidents, and that they in fact support high standards and
enforcement. The players know that standards and integrity are not
labor issues or management issues--they are issues that concern
everyone in our game.
The 2007 version of the Personal Conduct Policy was developed and
implemented by the League in close collaboration with players and their
leadership, and it had the strong support of players and the union. I
was part of those discussions. Today, the NFL has invited the NFLPA to
join us again in setting the highest possible standards in our Personal
Conduct Policy and to help us work to prevent this violence going
forward.
The NFL is taking a number of steps to improve how we respond to
incidents of domestic violence, child abuse, and sexual assault
involving our employees and personnel, which I would like to outline
for you.
First, the NFL is currently undertaking an intensive and exhaustive
review of our Personal Conduct Policy, and we will implement changes
soon. Our new Policy is being developed through an effort led
personally by the Commissioner. I am a part of this project, as are
other League officials and outside advisors with specific expertise in
domestic violence, child abuse, and sexual assault, and legal process.
Having consulted with over 100 leading experts throughout the country,
we are evaluating every aspect of our approach to discipline and
accountability for employees and players. Our goal is nothing less than
a set of clear rules to govern accountability for misconduct and to
establish a fair process for player and employee discipline.
Our challenge, while not unique, is complex. Our policy is broader
than what employers typically seek to cover, in the sense that it
primarily addresses off the field, or out of workplace, conduct. We
have engaged with others who are struggling with a similar task--
including law enforcement and educational institutions--to share
perspectives and look for best practices on how to prevent personal
misconduct and respond when it does occur.
Once the revised policies and procedures are in place, we will
create a Conduct Committee of owners who will be responsible for
regularly reviewing and recommending changes to the NFL's personal
conduct policy going forward, to ensure continual attention and
revision when needed. Subject matter experts will continue to advise
both the Conduct Committee and the Commissioner and his staff so that
going forward we have the right voices at the table on both educational
and disciplinary work.
Second, we are deploying a comprehensive and mandatory education
program for the more than 5,000 men and women in the NFL family. All
league and team personnel--owners, players, coaches, and staff--are
currently participating in broad-based domestic violence, child abuse,
and sexual assault education, and the sessions are available to and
highly encouraged for family members and loved ones. All teams will
have participated in these sessions within the next two weeks.
Education will continue on an ongoing basis for rookies and returning
players, and specialized training for key responders will be rolled out
as well.
Our goal is to ensure that everyone understands the full scope of
behavior that constitutes domestic violence, child abuse, and sexual
assault and is familiar with the warning signs associated with these
crimes. We also want to make sure everyone appreciates that they can
help prevent this violence. Bystander intervention--how individuals can
appropriately and safely help those at risk--is another key focus area
of the education. The League also has identified resources that offer
prompt and confidential assistance both within the organization and
outside in the community to anyone in need.
Third, we are training our existing Critical Response Teams to help
prevent and to respond quickly to family violence and sexual assault.
When a situation arises, these teams will focus on providing immediate
assistance across the board--medical, legal, financial--to anyone in
the NFL family, including spouses, significant others, or other family
members, who experiences abuse.
Fourth, we are supporting leading domestic violence and sexual
assault awareness and prevention groups, including the National
Domestic Violence Hotline and the National Sexual Violence Resource
Center. Our support has allowed these organizations to expand their
call volume capacity so that calls for assistance do not go unanswered.
Fifth, we are raising awareness of the critical issues of domestic
violence, child abuse, and sexual assault. In collaboration with the NO
MORE campaign and the Joyful Heart Foundation, the NFL is airing public
Service Announcements during every game broadcast, including a new PSA
featuring current and former NFL players. More information can be found
at www.nomore.org.
Finally, we are promoting programs that develop the character of
young people by developing age-appropriate character development,
healthy relationship education as well as dating/domestic violence,
child abuse, and sexual assault programming--for those who play, coach,
or manage the game in college, high school, and youth football
programs. The League recently sent a video to thousands of high school
coaches across the Nation to encourage them to engage in frank and
frequent discussions of family violence and sexual assault with their
players. The NFL Foundation will focus on the development of character
education programs that will reach youth footballs players, as well as
girls and boys, athletes and non-athletes alike.
Mr. Chairman, in the past months, we have learned a great deal by
our own mistakes, and by listening to experts in domestic violence,
child abuse, and sexual assault--researchers, lawyers and judges,
advocates, women's rights groups, law enforcement, and campus
presidents. The more we've listened, the more we've learned and, in
turn, the more aware we are of the complexities of both the problems
and the solutions. At the NFL, we are working hard to balance the
issues of fair process with the goals of preventing and punishing this
behavior. At the end of the day, we believe that wearing the uniform of
an NFL player is a privilege, not a right. And every member of the NFL
community must embrace the unique leadership role that we play in
society and the trust that is placed in us. We look forward to working
with the Committee to advance the goals I know we all share.
Thank you for this opportunity to discuss this important subject.
The Chairman. Thank you, Mr. Vincent. That was excellent
testimony and honest. And it's a good beginning. Thank you.
Ms. Teri Patterson, Deputy Managing Director, National
Football League Players Association.
STATEMENT OF TERI PATTERSON, DEPUTY MANAGING DIRECTOR, NFL
PLAYERS ASSOCIATION
Ms. Patterson. Good afternoon, Mr. Chairman and members of
the Committee. As stated, my name is Teri Patterson, and I
serve as the Deputy Managing Director and Special Counsel of
the NFL Players Association, whom I represent on the panel
today.
We greatly appreciate the Committee's interest in the
critical issue of domestic violence. We always welcome the
opportunity to meet with any Members of the Committee to
discuss the issues concerning our sport. We've seen in the past
that the leadership of elected officials brought thoughtful and
meaningful change to our sport, for example, in the area of
concussions. We've worked with and supported members of this
committee as they continued to push for better standards to
protect athletes that participate in football on all levels.
We're here today to address your concerns surrounding
domestic violence in professional sports. Just to be clear,
neither our players nor the NFLPA condone domestic violence in
any form. We understand the significance of our position, both
for society at large and, more importantly, for the families
and individuals involved. Any incident of domestic violence by
any player is one too many, but it does not and should not
reflect on the overwhelming majority of our members who
contribute to their communities in countless ways. This week,
for example, you'll see players out in the community with many
of your constituents and their children, as part of the ``Play
60'' campaign.
We believe that a comprehensive system of education,
prevention, intervention, and counseling will help us find
solutions to lowering the instances of domestic violence that
present themselves each and every year. Specifically related to
our sport, we believe that those tools combined with fair and
appropriate discipline is the best way to achieve the goals of
preventing incidents of domestic violence and assisting those
involved. Unfortunately, we've seen repeated instances where
discipline under the Personal Conduct Policy of the NFL,
implemented unilaterally by its Commissioner, has failed to get
us closer to those solutions.
We've seen on more than one occasion when disciplinary
matters are left solely to the NFL, the process is mismanaged
and often the end result has not been able to withstand outside
review. For example, in the bounty incident in New Orleans, the
Commissioner's unilaterally imposed discipline was overturned,
not only by a system arbitrator, but also by a former NFL
Commissioner who was tasked with reviewing the NFL's actions.
In the more recently imposed discipline of Ray Rice, the
Commissioner's arbitrary discipline was also overturned after
further review by a former Federal judge appointed as a neutral
arbitrator. This current system, run unilaterally by the NFL,
simply does not work. It does not work for our members, and
we've heard from your constituents as well, as I'm sure you
have, who continue to express distrust and displeasure in the
current system of discipline.
So we've been tasked by our membership to find solutions
and to collectively bargain with the NFL for a better process.
Accordingly, in early October of this year, we established a
Blue Ribbon Commission to advise us on matters of domestic
violence prevention, intervention, and processes of discipline.
I've included the names of the members of the commission in the
submitted testimony and also their bios. We're also fortunate
and pleased to see that a member of our NFLPA commission, Ms.
Virginia Seitz, is testifying at the hearing today.
With the assistance of experts and community leaders, we
have started a meaningful dialogue with our membership on ways
to create programming and policy to address these societal
issues. We requested that the NFL join with us in appointing
the members of the commission and participating in the
Commission's work. The NFL declined to do so to date, but that
did not stop us from moving ahead.
But we cannot move ahead in bargaining by ourselves. We've
attempted to engage the league in formal negotiations and
bargaining to improve the Personal Conduct Policy and the
processes by which it is to be administered. We provided the
NFL with a fair proposal over a month ago, and despite the
receipt of a letter response only this past Sunday, the NFL
still refuses to commit to collective bargaining. We believe
that a jointly bargained system is the only way to ensure that
professional football's approach to the issue of domestic
violence has the credibility and effectiveness that the fans,
the sport's business partners, and our players have come to
expect and respect, such as our comprehensive drug-related
policies.
We remain fully committed to addressing these issues in a
meaningful way because that's the only way we can ensure that
change happens. We also remain ready to assist any Members of
the Committee in improving the way domestic violence is
addressed in our sport and in our country.
Thank you again for your time, and we look forward to
answering any questions you may have for us.
[The prepared statement of Ms. Patterson follows:]
Prepared Statement of Teri Patterson, Deputy Managing Director,
NFL Players Association
Good afternoon Mr. Chairman and members of the Committee. My name
is Teri Patterson and I serve as the Deputy Managing Director of the
NFL Players Association whom I represent here on the panel today. We
greatly appreciate the Committee's interest in the critical issue of
domestic violence. We always welcome the opportunity to meet with any
Members of the Committee to discuss the issues concerning our sport. We
have seen in the past that the leadership of elected officials brought
thoughtful and meaningful change to our sport, for example,
concussions. We have worked with and supported members of this
committee as they continued to push for better standards to protect
athletes that participate in football on all levels.
We are here today to address your concerns surrounding domestic
violence in professional sports. Neither our players nor the NFLPA
condone domestic violence in any form. We understand the significance
of our position, both for society at large and more importantly, for
the families and individuals involved. Any incident of domestic
violence by any player is too many, but it does not and should not
reflect on the overwhelming majority of our members who contribute to
their communities in countless ways. This week, for example, you will
see players out in the community with many of your constituents and
their children, as part of the Play60 campaign. For more examples of
the extraordinary things our players do in the community, particularly
during this Holiday season, please visit this link: https://nflpa.com/
news/all-news/nfl-players-give-back-for-thanksgiving-2.
We believe that a comprehensive system of education, prevention,
intervention, and counseling will help us find solutions to lowering
the instances of domestic violence that present themselves each and
every year. Specifically related to our sport we believe that those
tools combined with fair and appropriate discipline is the best way to
achieve the goals of preventing incidents of domestic violence and
assisting those involved. Unfortunately we have seen repeated instances
where discipline under the Personal Conduct Policy of the NFL,
implemented unilaterally by its Commissioner, has failed to get us
closer to those solutions.
We have seen on more than one occasion when disciplinary matters
are left solely to the NFL, the process is mismanaged and often the end
result has not been able to withstand outside review. For example, in
the ``Bounty'' incident in New Orleans, the Commissioner's unilaterally
imposed discipline was overturned not only by a system arbitrator but
also by a former NFL Commissioner who was tasked with reviewing the
NFL's actions. In the more recently imposed discipline of Ray Rice, the
Commissioner's arbitrary discipline was also overturned after further
review by a former Federal judge appointed as a neutral arbitrator. The
current system, run unilaterally by the NFL, simply does not work. It
does not work for our members but we have heard from your constituents
as well as I am sure you have that continue to express distrust and
displeasure in the current system of discipline.
So we have been tasked by our membership to find solutions and to
collectively bargain with the NFL for a better process. Accordingly, in
early October of this year, we established a Blue Ribbon Commission to
advise us on matters of domestic violence prevention, intervention and
processes of discipline. Members of that commission are as follows:
Deborah Epstein
Professor of Law and Director of the Domestic Violence Clinic
Georgetown Law School
Sue Else
CEO
Girl Scouts of Historic Georgia
**Former President and CEO of the National Network to End
Domestic Violence, Inc.
Steve Stenstrom
President
Professional Athletes Outreach
**Former Player
John Jenkins
Pastor
First Baptist Church of Glenarden
Joshua DuBois
Founder
Values Partnerships
Kathy Ruemmler
Partner
Latham & Watkins
**Former White House Counsel to Presidents Clinton and Obama
Virginia Seitz
Partner
Sidley Austin
**Former USDOJ Assistant Attorney General of the Office of
Legal Counsel
Billy Dexter
Partner, Global Diversity Advisory Services Practice
Heidrick & Struggles
We submit, at this time for the record along with this testimony,
the full biographical information on the members of our commission for
your review. We pleased to see that a member of our NFLPA Commission,
Virginia Seitz, will be testifying at the hearing today. With the
assistance of experts and community leaders, we have started a
meaningful dialogue with our membership on ways to create programming
and policy to address these societal issues. We requested that the NFL
join with us in appointing the members of the Commission and
participating in the Commission's work. The NFL declined to do so but
that did not stop us from moving ahead.
But we cannot move ahead in bargaining alone. We have attempted to
engage the NFL in formal negotiations and bargaining to improve the
Personal Conduct Policy and the processes by which it is to be
administered. We provided the NFL with a fair proposal over three weeks
ago and despite the receipt of a letter response only this past Sunday,
November 30, 2014, the NFL still refuses to commit to collective
bargaining. We believe that a jointly bargained system is the only way
to ensure that professional football's approach to the issue of
domestic violence has the credibility and effectiveness the fans, the
sport's business partners, and our players have come to expect and
respect such as our comprehensive drug related policies.
We remain fully committed addressing these issues in a meaningful
way because that is the only way we can ensure change happens. We also
remain ready to assist any Members of the Committee in improving the
way domestic violence is addressed in our sport and in our country.
Thank you again for your time and we look forward to answering any
questions you may have for us.
______
NFLPA Commission--Biographies
Experts, Clinicians and Educators--Education, Prevention Tactics and
Resources
Deborah Epstein, Professor of Law, Director of Domestic Violence Clinic
and
Associate Dean of Clinical Education and Public Interest and
Community
Service Programs, Georgetown Law School
Prior to joining the law faculty, Professor Epstein practiced at
the civil rights firm of Bernabei & Katz, representing plaintiffs in
sex discrimination suits, and clerked for Eastern District of
Pennsylvania Judge Marvin Katz. From 1994-96, Professor Epstein co-
chaired a multi-disciplinary effort to create a new Domestic Violence
Unit within the D.C. Superior Court that fundamentally restructured the
way that the local justice system handles civil and criminal family
abuse matters. Until 2001, she co-directed the D.C. Superior Court's
Domestic Violence Intake Center and directed the Emergency Domestic
Relations Project, a public interest organization providing legal and
educational services to indigent victims of intimate abuse. She is a
member of the Mayor's Commission on Violence Against Women, the D.C.
Domestic Violence Fatality Review Team, the D.C. Domestic Violence
Coordinating Council, and has served on the Board of Directors of the
D.C. Coalition Against Domestic Violence. She is the author of several
publications in the areas of domestic violence and sexual harassment
law.
Sue Else, Former President and CEO of the National Network to End
Domestic
Violence, now CEO of the Girl Scouts of Historic Georgia, Inc.
After volunteering at a battered women's shelter, Ms. Else later
secured a job at the shelter and went on to become its executive
director. Ms. Else later moved to Kansas City, Mo., where she served as
the President and CEO of Hope House for 18 years. Under her leadership,
the organization grew from 13 staff members and a five-bedroom bungalow
to more than 70 staffers and two shelters with beds for up to 104 women
and children.
In 2006, she became the President of the National Network to End
Domestic Violence in Washington, D.C. During her seven-year tenure
there, she brought national attention to the cause, expanded the
agency's reach, oversaw the development of a curriculum that has since
been implemented in 32 states and served as the national spokesperson,
appearing on ``Good Morning America,'' ``Dr. Phil,'' CNN, NPR and other
media outlets.
Faith-based Advisors
Steve Stenstrom, Former Player, President of Professional Athletes
Outreach
Mr. Stenstrom comes to PAO from his ministry to students on the
campus of Stanford University. Mr. Stenstrom has a passion for
connecting with and mentoring others, and developing their God-given
potential. Mr. Stenstrom is also a Bay Area regional coach of The
Master's Program, a leadership mentoring program for Christian business
and ministry leaders. He has a passion for God's Word, and his
experiences in the business and sports worlds offer a unique and
exciting outlook for PAO's future.
John Jenkins, Pastor, First Baptist Church of Glenarden
Pastor John K. Jenkins Sr. is senior pastor of First Baptist Church
of Glenarden in Maryland. He became a licensed minister in 1973 at the
age of 15 and has an honorary Doctorate of Divinity from Southern
California School of Ministry in Inglewood, California. Pastor Jenkins,
founded First Baptist Church of Glenarden SHABACH! Ministries, Inc., a
501 (c)(3) arm of the church and serves as its chairman emeritus, which
provides clothing, food, education and other resources to more than
11,000 people in the Washington, D.C. area. In addition to his role at
First Baptist, he is a trustee at Bethel University and board chairman
for Project Bridges and The Skinner Institute. Furthermore, he sits as
a board member for the Greater Prince George's Business Roundtable and
National Association of Evangelicals. In the past he served as vice
president/executive director of National Ministries with Converge
Worldwide and was on the boards of Great Dads and Teen Challenge.
Joshua DuBois, Founder of Values Partnerships
Joshua DuBois is the best-selling author of The President's
Devotional, a compilation of the devotionals which he sends President
Obama. He is also the Founder of Values Partnerships, which works with
foundations, nonprofits and private companies to create partnerships
with the faith communities and grassroots initiatives. Prior to
founding Values Partnerships, Mr. DuBois was a Special Assistant to
President Obama and Executive Director of the White House Office of
Faith-Based and Neighborhood Partnerships. In this capacity, Mr. DuBois
facilitated the Obama Administration's engagement of faith-based
organizations around the country.
Judges and Attorneys--Due Process, Fairness and Discipline
Kathy Ruemmler, Partner at Latham & Watkins, Formerly President Obama's
Chief Counsel, Formerly Principal Associate Deputy Attorney
General
Ms. Ruemmler is a Partner at Latham and Watkins in the Litigation
Department and the global Co-chair of the White Collar Defense and
Investigations Practice. As President Obama's chief lawyer, Ms.
Ruemmler was one of his most senior advisors, providing strategic
advice on all legal matters. Prior to the four and a half years Ms.
Ruemmler was in the White House, she served as the Principal Associate
Deputy Attorney General at the Department of Justice, joining the
Justice Department on the first day of the Obama Administration as its
highest-ranking political appointee.
Virginia Seitz, Former USDOJ Assistant Attorney General for the Office
of Legal Counsel, now Partner at Sidley Austin
Ms. Seitz specializes in constitutional law, labor law, employment
law and administrative law and recently returned to the partnership at
Sidley in DC in the firm's Supreme Court and Appellate practice.
Following her nomination by President Obama and Senate confirmation,
Ms. Seitz was sworn in as Assistant Attorney General for the Office of
Legal Counsel in September 2011 and served through December 2013. As
the leader of the Office of Legal Counsel, Virginia was responsible for
providing legal advice to the President and Executive Branch
departments and agencies on issues of particular difficulty and
importance, including those issues on which there was a dispute between
Federal agencies.
Successful Business Leaders--Leadership, Education and Implementation
Billy Dexter, Partner and Member of Global Diversity Advisory Services
Billy Dexter has been a leader in talent acquisition and diversity/
inclusion related efforts for more than 20 years. He is a partner with
Heidrick & Struggles and is a member of the global Diversity Advisory
Services Practice that assists clients in creating diverse leadership
teams. Prior to joining Heidrick & Struggles, Billy was executive vice
president and chief diversity officer of MTV Networks, a Viacom
company.
The Chairman. Thank you very much, Ms. Patterson. I just
have to note at this point that there was an enormous amount of
pressure coming from many directions, not necessarily the folks
at the witness table but the folks that you work with, for us
not to have this hearing. We went ahead anyway, so not
everything is--this openness is not as commonly held a process
as I would like.
Mr. Joe Torre, who is Executive Vice President of Baseball
Operations of Major League Baseball. Welcome.
STATEMENT OF JOE TORRE, EXECUTIVE VICE PRESIDENT OF BASEBALL
OPERATIONS, MAJOR LEAGUE BASEBALL
Mr. Torre. Thank you, Mr. Chairman. Good afternoon,
Chairman Rockefeller, Senator Thune, and members of the
Committee. I'm Joe Torre, Executive Vice President of Baseball
Operations for Major League Baseball. I want to thank you for
the opportunity to discuss the efforts we are undertaking to
address the issues of domestic violence and sexual assault.
The subject matter of this hearing is personally important
to me. As a person whose childhood was touched by domestic
violence, I have come to understand that discussing the issue
publicly has the potential to help millions of victims who
believe that they must suffer in silence. In 2002, my wife Ali
and I formed the Safe at Home Foundation to create educational
programs aimed at ending the cycle of domestic violence. And
I'm proud to say that we've reached close to 50,000 youngsters
in that time.
Through my work in this area, including co-chairing the
Attorney General's Task Force on Children Exposed to Violence,
I have had the opportunity to work with some truly outstanding
individuals who have devoted their lives to working toward
solving the issue of domestic violence in this country.
Commissioner Selig has instilled in our sport the
understanding that Major League Baseball is a social
institution, and as our national pastime, has an obligation to
set a positive example. The Commissioner and I deplore domestic
violence and crimes against women and families. We recognize
the clear public expectation for the professional sports
leagues to be leaders in addressing this social ill. Some of
our clubs already have taken a leading role in this issue. For
example, the Seattle Mariners have partnered with the
Washington State Coalition Against Domestic Violence on a
statewide educational initiative called ``Refuse to Abuse.''
Going forward, the Commissioner has instructed his staff to
develop a stand-alone policy to address domestic violence and
sexual assault prior to the upcoming season. Although we are in
the midst of developing this policy, I would like to explain to
the Committee what we have done thus far and what we hope to do
in the next few months.
Since September 2014, as part of our education process,
representatives of Major League Baseball have met with over a
dozen national and local organizations focused on addressing
domestic violence and violence against women, and/or providing
services and support to victims. Representatives from those
groups consistently told us that, while they were obviously
unsettled by the recent incidents of domestic violence in
professional sports, they believe that those incidents have
shined a light on an issue often in the shadows. They believe,
and we agree, that sports leagues can make a difference.
We have begun selecting a variety of organizations to serve
on a joint MLB/MLBPA steering committee that will develop
education and training materials for players, staff, and their
families. Some of these initiatives include posting
informational materials at Major League and Minor League
ballparks and publicizing contact information for confidential
hotlines and shelters. MLB intends to develop educational
programs at each club specifically designed for the families
and intimate partners of players. We also are developing
protocols that our clubs must follow in response to domestic
violence or sexual assault incidents that will include
appropriate measures to ensure the safety of affected
individuals, providing confidential counseling and treatment
for victims, and providing counseling and intervention for
perpetrators.
Major League Baseball has selected a San Francisco-based
group called ``Futures Without Violence'' to help us develop
and implement training and education programs for all of our
players. Futures has been partnering with the San Francisco
Giants on these important issues for more than a decade.
Futures has arranged for Dr. Linda Chamberlain to speak with
the medical staffs of our clubs at MLB's Winter Meetings in San
Diego this coming weekend. Dr. Chamberlain founded the ``Alaska
Family Violence Prevention Project,'' and will be speaking to
our club medical staffs on a trauma-informed approach to
addressing domestic violence.
In January 2015, the top prospects in baseball will be
educated on domestic violence and sexual assault during MLB's
annual Rookie Career Development Program. Beginning with MLB
spring training this February, every major and minor league
player will be educated on issues relating to domestic violence
and sexual assault by Futures and other organizations,
including: Mentors in Violence Prevention, Men Can Stop Rape, A
Call to Men, and Casa De Esperanza. The staffs of MLB clubs and
the Commissioner's office also will be educated.
The Commissioner understands that an important component of
any policy covering domestic violence and sexual assault is
appropriate discipline for players who engage in this conduct.
Presently, the Commissioner has the authority, under MLB's
Collective Bargaining Agreement with the Players Association,
to discipline players for just cause and for conduct that is
materially detrimental or materially prejudicial to the best
interests of baseball including, but not limited to, engaging
in conduct in violation of Federal, state, or local law.
Under a just cause standard, the Commissioner's office is
required to prove a violation by a player at an evidentiary
hearing before a neutral arbitrator, which can be difficult in
the absence of a conviction or a plea, or without cooperating
witnesses or tangible evidence regarding the conduct. In
addition, our arbitrators in the past have been less inclined
to uphold severe discipline under a just cause standard for
off-field conduct that does not impact the player's ability to
perform.
MLB has proposed revisions to its disciplinary policy
covering MLB players that would make it easier for the
Commissioner to impose an appropriate level of discipline on
players who commit acts of domestic violence or sexual assault,
and have that discipline be upheld in arbitration. MLB does not
have the right to insist on any changes to player discipline
until its current Collective Bargaining Agreement with the
Players Association expires in December of 2016. However, we
are hopeful that we will come to an agreement with the Players
Association prior to the start of next season on a disciplinary
policy specifically tailored to domestic violence and sexual
assault.
As we told our owners two weeks ago, Major League Baseball
is committed to developing a culture in which its athletes
implicitly understand their moral obligation, as both men and
role models, to speak out and act against crimes against women
and families. We fully understand that educating over 4,000
players from diverse backgrounds on an issue that many of them
have not previously considered is not an easy undertaking.
However, we intend to devote the time and the resources
necessary to accomplish just that.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Torre follows:]
Prepared Statement of Joe Torre, Executive Vice President of Baseball
Operations, Major League Baseball
Chairman Rockefeller, Senator Thune, and members of the Committee,
I am Joe Torre, Executive Vice President of Baseball Operations for
Major League Baseball. On behalf of Major League Baseball, I thank you
for the opportunity to discuss the efforts that we are undertaking to
address the issues of domestic violence and sexual assault.
The subject matter of this hearing is personally important to me.
As a person whose childhood was touched by domestic violence, I have
come to understand that discussing the issue publicly has the potential
to help millions of victims who believe that they must suffer in
silence. In 2002, my wife Ali and I formed the ``Safe at Home''
Foundation to create educational programs aimed at ending the cycle of
domestic violence. I consider it one of my proudest accomplishments in
my career. Through my work in this area, including co-chairing the
Attorney General's Task Force on Children Exposed to Violence, I have
had the opportunity to work with some truly outstanding individuals who
have devoted their lives to working toward solving the issue of
domestic violence in this country.
Commissioner Selig has instilled in our sport the understanding
that Major League Baseball is a social institution, and as our national
pastime, has an obligation to set a positive example. The Commissioner
and I deplore domestic violence and crimes against women and families.
We recognize the very clear public expectation for professional sports
leagues to be leaders in addressing this social ill. Some of our Clubs
already have taken a leading role in this issue. For example, the
Seattle Mariners have partnered with the Washington State Coalition
Against Domestic Violence on a state-wide educational initiative called
``Refuse to Abuse.''
Going forward, the Commissioner has instructed his staff to develop
a stand-alone policy to address domestic violence and sexual assault
prior to the 2015 baseball season. Although we are in the midst of
developing this policy, I would like to explain to the Committee what
we have done thus far and what we hope to do in the next few months.
Since September 2014, as part of our education process,
representatives of Major League Baseball have met with over a dozen
national and local organizations focused on addressing domestic
violence and violence against women, and/or providing services and
support to victims. Representatives from those groups consistently told
us that while they were obviously unsettled by the recent incidents of
domestic violence in professional sports, they believe that those
incidents have shined a light on an issue often in the shadows. They
believe, and we agree, that sports leagues can make a difference.
We have begun selecting a variety of organizations to serve on a
joint MLB-MLBPA steering committee that will develop education and
training materials for players, staff and their families. Some of these
initiatives include posting informational materials at Major and Minor
League ballparks, and publicizing contact information for confidential
hotlines and shelters. MLB intends to develop educational programs at
each Club specifically designed for the families and intimate partners
of players. We also are developing protocols that our Clubs must follow
in response to domestic violence or sexual assault incidents that will
include appropriate measures to ensure the safety of affected
individuals, providing confidential counseling and treatment for
victims, and providing counseling and intervention for perpetrators.
Major League Baseball has selected a San Francisco-based group
called Futures Without Violence (``Futures'') to help us develop and
implement training and education programs for all of our players.
Futures has been partnering with the San Francisco Giants on these
important issues for more than a decade. Futures has arranged for Dr.
Linda Chamberlain to speak with the medical staffs of our Clubs at
MLB's Winter Meetings in San Diego this coming weekend. Dr. Chamberlain
founded the Alaska Family Violence Prevention Project, and will be
speaking to our Club medical staffs on a ``trauma-informed approach''
to addressing domestic violence.
In January 2015, the top prospects in baseball will be educated on
domestic violence and sexual assault during MLB's annual Rookie Career
Development Program. Beginning with MLB spring training this February,
every Major and Minor League player will be educated on issues relating
to domestic violence and sexual assault by Futures, and other
organizations including Mentors in Violence Prevention, Men Can Stop
Rape, A Call to Men, and Casa De Esperanza. The staffs of MLB Clubs and
the Commissioner's Office also will be educated.
The Commissioner understands that an important component of any
policy covering domestic violence and sexual assault is appropriate
discipline for players who engage in this conduct. Presently, the
Commissioner has the authority under MLB's collective bargaining
agreement with the Players Association to discipline players for ``just
cause'' for conduct that is materially detrimental or materially
prejudicial to the best interests of Baseball including, but not
limited to, engaging in conduct in violation of federal, state or local
law. Under a ``just cause'' standard, the Commissioner's Office is
required to prove a violation by a player at an evidentiary hearing
before a neutral arbitrator, which can be difficult in the absence of a
conviction or plea, or without cooperating witnesses or tangible
evidence regarding the conduct. In addition, our arbitrators in the
past have been less inclined to uphold severe discipline under a ``just
cause'' standard for off-field conduct that does not impact the
player's ability to perform.
MLB has proposed revisions to its disciplinary policy covering MLB
players that would make it easier for the Commissioner to impose an
appropriate level of discipline on players who commit acts of domestic
violence or sexual assault, and have that discipline be upheld in
arbitration. MLB does not have the right to insist on any changes to
player discipline until its current collective bargaining agreement
with the MLBPA expires in December 2016. However, we are hopeful that
we will come to an agreement with the MLBPA prior to the start of next
season on a disciplinary policy specifically tailored to domestic
violence and sexual assault.
As we told our owners two weeks ago, Major League Baseball is
committed to developing a culture in which its athletes implicitly
understand their moral obligation as both men and role models to speak
out and act against crimes against women and families. We fully
understand that educating over 4,000 players from diverse backgrounds
on an issue that many of them have not previously considered is not an
easy undertaking. However, we intend to devote the time and the
resources necessary to accomplish just that.
The Chairman. Thank you, Mr. Torre.
It was my mistake that I did not say at the beginning of
this hearing that we face two challenges. One, we have
generally a rule that witnesses can speak for 5 minutes or less
but not more, and second, we have votes starting at 4 o'clock.
So that puts pressure on all of us to get on with it.
Ms. Virginia Seitz, Outside Counsel, Major League Baseball
Players Association. What is an outside counselor? Are you a
part of them, or do you advise them, or what?
Ms. Seitz. I advise them, and I've been doing it for the
past 25 years. I've been Outside Special Counsel for most of
the last 25 years to the Major League Baseball Players
Association.
The Chairman. But they couldn't make it.
Ms. Seitz. Well, I'm testifying on behalf of the
Association's Executive Director, Tony Clark. He couldn't
attend today, because he is right now chairing MLBPA's annual
Executive Board meeting. And it will not surprise you to hear
that one of the major topics at that meeting that's under
discussion today and tomorrow is, in fact, domestic violence
and the work the Association has been doing this fall to
address domestic violence.
The Chairman. Please proceed with your testimony and the
time----
Ms. Seitz. I will attempt to be brief.
The Chairman. You don't need to be. That time is mine. You
have your full 5 minutes.
STATEMENT OF VIRGINIA SEITZ, OUTSIDE COUNSEL, MAJOR LEAGUE
BASEBALL PLAYERS ASSOCIATION
Ms. Seitz. This fall, the Players Association has been
working with Major League Baseball to examine our current
program addressing domestic violence, which only covers
players, in light of recent events. We've been considering how
it needs to be modified and perhaps folded into a program for
the entire baseball family that's based on accountability,
consequences, and fairness.
Back in 2011, the Players Association and Major League
Baseball negotiated and implemented a policy that addresses
off-field violent conduct, including domestic violence, in two
ways. It provides for both therapeutic intervention and for
discipline in cases of inappropriate and unlawful conduct.
With respect to the first, under our Joint Treatment
Program, we utilize medical professionals all around the
country to design therapeutic treatments for players who are
charged with domestic violence-related crimes. Based on our
understanding of domestic violence, we had moved away from a
one-size-fits-all approach in favor of an individualized
evaluation and case-by-case treatment for the player and the
family involved.
With respect to discipline, as Mr. Torre described, the
program gives the Commissioner of Baseball or the employer club
the authority to discipline a player where an act of domestic
violence has been alleged. Under the Collective Bargaining
Agreement, a player may be disciplined for just cause for any
conduct materially detrimental or materially prejudicial to the
best interests of baseball including any conduct that violates
Federal, state, or local law. It's critically important, from
the association's point of view, that discipline be imposed for
just cause and that it be subject to review before a neutral
arbitrator.
In addition to the program just described, the Association
maintains its own clinical psychiatrist on staff. He's well-
known and frequently meets with players on a confidential basis
to address mental health issues as they arise, including those
that might lead to violence. This part of the Association's
program reflects its belief that the most effective treatment
is that which happens before violence can occur.
In sum, under our current program, a player may be
disciplined, may undergo treatment developed by licensed
professionals, and may seek help through our own clinical
psychiatrist. We recognize, however, that more can be done, and
so this fall, we have begun a dialogue with MLB about
modifications and improvements to our program. That includes,
first, an enhanced public relations program to promote the
understanding and eradication of domestic violence in our
society. Second, an improved educational and therapeutic
program for Major League Baseball players and their families,
so that potential issues can be addressed in an appropriate and
confidential manner before violence occurs and so that all are
aware of resources that can provide assistance and prevent
harm. And third, possible changes to the existing disciplinary
structure for domestic violence offenses.
Like many organizations, the MLBPA has devoted an
extraordinary amount of time and effort this fall to consulting
with a wide range of experts and expert organizations in the
domestic violence area. We have learned that there is no one
simple solution, no one easy answer, but we hope that by
working with the experts and gathering their recommendations,
we can develop a more effective program for all of baseball and
become a credible voice in the ongoing national dialogue about
how to end domestic violence.
Mr. Chairman, thank you again for this opportunity. I'll be
happy to answer any questions you might have.
[The prepared statement of Ms. Seitz follows:]
Prepared Statement of Virginia Seitz on behalf of the Major League
Baseball Players Association
Mr. Chairman, members of the Committee, my name is Virginia Seitz,
and for much of the last 20 years, I have served as outside counsel to
the Major League Baseball Players Association (MLBPA). I am testifying
on behalf of the Association and the Association's Executive Director,
Tony Clark, who could not attend today. As you know, Mr. Clark is
chairing the MLBPA's annual Executive Board meeting as we speak. Not
surprisingly, one of the topics Mr. Clark is discussing with our
members at that meeting is the same topic we are here to discuss
today--Domestic Violence.
This fall, the Players Association has been working with Major
League Baseball (MLB) to determine whether our current program
addressing domestic violence, which only covers players, is sufficient
in light of recent events, or whether it needs to be modified and
folded in with a program that could be a solution for the entire
baseball family--players, coaches, managers, club officials, union and
league officials and owners.
As Mr. Clark observed in a recent response to the House Committee
on Energy and Commerce, domestic violence is an enormous problem for
our Nation. It cuts across all lines of class, race, income,
profession, and gender. Its reach is not limited to the locker room.
According to the National Network to End Domestic Violence (the
Network), one in three women have experienced rape, physical violence
or stalking by an intimate partner in their lifetime. Other experts
report that more than three women are murdered by their husbands and
boyfriends in the United States every day. One in three female homicide
victims in cases reported to the police are killed by an intimate
partner. Domestic violence costs employers in the United States
approximately $13 billion each year and, tragically, between 25 percent
and 50 percent of victims of domestic violence become unemployed.
On a single day in West Virginia last year, according to the
Network, 65 children and 90 adults found refuge in emergency shelters
or transition housing provided by local domestic violence programs. 276
adults and children received non-residential assistance and services
related to domestic violence. In South Dakota, comparable figures were
99 children and 82 adults finding refuge in emergency shelters or
transitional housing, and 124 adults and children receiving non-
residential assistance. Again, this was in one day. Clearly, domestic
violence is a national crisis.
The Players Association and MLB have already negotiated and
implemented in 2011 a policy that addresses off-field violent conduct--
including domestic violence--and it provides for both therapeutic
intervention and the possibility of discipline in cases of
inappropriate and/or illegal conduct. The parties' existing Joint
Treatment Program (herein ``the Program'') engages qualified medical
professionals from around the country who are given wide latitude to
design therapeutic treatment programs geared, where necessary, to
attempt to rehabilitate Players who are charged with domestic violence-
related crimes. The existing Program also gives the Commissioner of
Baseball or the employer Club authority to discipline a Player where an
act of domestic violence has been alleged--subject to the critical
ability of the Player and the Association to challenge (if they so
choose) that discipline before a neutral arbitrator. The adoption of
this Program shows that Player conduct policies can and should be the
product of arms-length collective bargaining, and it is against that
backdrop that the parties have returned to the bargaining table to see
if our Program can be improved.
A few specifics on the treatment options offered under our current
Program: The Program provides that the MLB/MLBPA Treatment Board, a
joint enterprise originally created by the parties under the auspices
of baseball's joint drug testing program, is responsible for designing
and supervising individualized therapeutic treatment programs for
Players who have engaged in off-field violent conduct, including
domestic violence or sexual assault. Referrals to the Treatment Board
are mandatory when, among other things, ``a Player is charged by law
enforcement authorities with a crime involving the use of physical
force or violence, including but not limited to, sexual assault,
domestic violence, resisting arrest, battery, and assault.''
The parties thus have eschewed a one-size-fits-all approach in
favor of individualized evaluation and treatment on a case-by-case
basis. Any Player referred to the Treatment Board is evaluated by a
neutral expert to determine whether he could benefit from a counseling-
based treatment program and, if so, which type of program would be most
effective. The deliberations of the Treatment Board are completely
confidential, and the Board members work collaboratively to design a
therapeutic model that is most appropriate for the Player, and family,
involved.
Once a treatment program has been developed for an individual
Player, participation thereafter is voluntary and a Player is not
subject to discipline for failing to participate. Nevertheless, Players
are incentivized to cooperate because, where discipline has been or may
be imposed, a Player's participation in a treatment program established
through the MLB/MLBPA Treatment Board must be considered by the
arbitrator as a mitigating factor in any disciplinary challenge.
As for discipline, baseball's current labor agreement contemplates
the potential for discipline when a Player commits an act of domestic
violence or sexual assault. Our Collective Bargaining Agreement
provides as a general matter that a Player ``may be subjected to
disciplinary action for just cause by his Club. . .or the
Commissioner,'' and also more specifically that ``Players may be
disciplined for just cause for conduct that is materially detrimental
or materially prejudicial to the best interests of baseball including,
but not limited to, engaging in conduct in violation of Federal, state
or local law.'' The key phrase in these provisions from the
Association's point of view is of course ``just cause.'' The just cause
standard is a cornerstone of American labor-management relations, and
is particularly salient in the context of alleged domestic violence by
professional athletes, where the high visibility and sensitivity of
each incident demands a commitment to deliberation, consistency,
reasonableness and fundamental fairness that, as recent events have
shown, can prove elusive.
But, Mr. Chairman, as you know, domestic violence does not always
result in the filing of a police report or the airing of a video, and
the best policies are the ones that address root causes before violence
occurs. Therefore, in addition to the Program described above, the
Association maintains its own clinical psychiatrist on staff, who
frequently meets with Players on a confidential basis to address mental
health issues as they arise. Where necessary, he refers Players to
other specialists and/or to practitioners in the Player's home city
and/or the city where the Player resides in the off-season. The
Association's program reflects its belief that the most effective
treatment is that which happens before the violence occurs.
In sum, Mr. Chairman, under our current program, a Player may be
disciplined, may undergo treatment developed by licensed professionals
and may seek help on his own through our own clinical psychiatrist. We
recognize, however, that this may not be enough. Obviously, more can be
done with regard to education, public outreach and awareness, for
victims, for families and for all who are involved in or touched by our
sport.
Consequently, starting this fall, we have begun a dialogue with MLB
about possible modifications or improvements to our current program.
Although the precise content of these ongoing discussions is
confidential, there are three main elements under consideration:
(1) an enhanced public relations program that would help to promote
an understanding for, and an eradication of, domestic violence
in our society;
(2) an education and improved therapeutic intervention program for
Major League Baseball Players and their families so that
potential issues can be better addressed in an appropriate and
confidential manner before violence occurs; and
(3) possible changes to the existing disciplinary structure for
domestic violence offenses.
Like many organizations, the MLBPA has devoted an extraordinary
amount of time and effort this fall to consulting with a wide range of
experts and groups in the domestic violence area. We have met with
national and local groups who are involved with the domestic violence
issue both on the policy and the treatment levels. We have interviewed
practitioners and groups with an eye towards providing additional
education, training and resources for the Players and their families in
the months to come--whether or not we ultimately agree with MLB on a
new, comprehensive domestic violence policy.
From these discussions, we have come to appreciate better the
myriad issues involved with domestic violence, and the needs, fears,
and hopes of all who are impacted. Finding effective solutions that can
actually help those who are victimized--as opposed to focusing
exclusively on punishing the perpetrators--is not always easy. There is
no one simple solution, no one easy answer.
It is our hope that by working with experts in the field and by
gathering the recommendations of the best and the brightest, we can
develop a more effective, more comprehensive program for all of
baseball. If we can, we will then be able to offer a credible voice to
the ongoing national dialogue about how best to end domestic violence.
Mr. Chairman, thank you again for this opportunity, and I would be
happy to answer any questions you may have about our program or the
objectives of the Major League Baseball Player Association.
The Chairman. Thank you very much, Ms. Seitz.
Ms. Kathleen Behrens, Executive Vice President, Social
Responsibility and Player Programs, the National Basketball
Association. Please proceed.
STATEMENT OF KATHY BEHRENS, EXECUTIVE VICE
PRESIDENT, PLAYER PROGRAMS AND SOCIAL
RESPONSIBILITY, NATIONAL BASKETBALL ASSOCIATION
Ms. Behrens. Thank you, Mr. Chairman, Senator Thune, and
Members of the Committee. I appreciate your inviting us to this
hearing today.
My written testimony has been submitted to the Committee,
so I will certainly try to be brief in the interest of time. We
share your view, however, that a hearing like this is certainly
helpful and expect that it will generate not only thought, but
action, and that can certainly help all of us at this table.
I am the NBA's Executive Vice President for Social
Responsibility and Player Programs, and as such, I oversee all
of our community programs and partnerships as well as all of
our educational efforts with our players. Our Commissioner,
Adam Silver, regrets that he is not able to be here today, but
he had a long-standing commitment to lead a group of NBA owners
and executives on a trip to India this week.
Like the Committee and like others who already have spoken
we have taken a fresh look at all of our programs, policies,
and educational efforts in this area over the course of the
last few months, and we have determined through our work,
especially in partnership with the Players Association, that
there is more that we can and should be doing to better educate
our players and to help prevent domestic violence from
occurring in the first place. We work closely with the Players
Association on all of our educational programs for players and
have determined that this year we need to do even more.
We'll be doing new awareness and educational sessions with
our players, with player's family members, and with team and
league staff, to help raise awareness, inspire leadership, and
hopefully prevent domestic violence from happening within the
NBA family. At the same time, we know that discipline is part
of the process as well, and our Collective Bargaining Agreement
allows for the discretion of the Commissioner, but also neutral
arbitration for our players, due process that we believe is
fair.
In the end, we want to stress to this committee and to
others that we take this issue seriously. We are committed to
doing all that we can to prevent it. We are committed to doing
all that we can to provide firm but fair discipline when
necessary and we will continue to learn and improve in all of
these areas.
I am happy to answer any questions that the Committee has.
Thank you.
[The prepared statement of Ms. Behrens follows:]
Prepared Statement of Kathy Behrens, Executive Vice President, Player
Programs and Social Responsibility, National Basketball Association
Chairman Rockefeller, Senator Thune, and Members of the Committee:
The National Basketball Association appreciates the opportunity to
provide information to this Committee about our programs and policies
relating to the issue of domestic violence. We take this issue
extremely seriously and are committed to a comprehensive program of
prevention and, when necessary, discipline to deter such conduct.
1. Education and Training. The NBA provides substantial education
and training programs for players that address, among other things,
player conduct issues such as domestic violence. Examples of such
programs are:
a. Prior to the start of each season, the NBA and the National
Basketball Players Association (the union representing NBA
players) conduct a comprehensive Rookie Transition Program for
incoming NBA players. Over four full days of sessions, and with
the assistance of NBA and Players Association staff, former
players, subject matter experts, and outside speakers, rookie
players are exposed to a wide variety of educational and
developmental sessions designed to help them transition into
their new roles as professional athletes. In addition to
sessions on professional and life skills, media and community
relations, and personal development, players receive education
and training on numerous topics related to conduct. These
include sessions focusing on domestic violence and sexual
misconduct, as well as sessions devoted to drugs and alcohol,
safe driving, gambling, and compliance with law.
b. Two times each year, the NBA and Players Association conduct a
Team Awareness Meeting with all players on each NBA team. These
meetings cover selected topics determined annually by the NBA
and the Players Association, including issues relating to
player behavior. During the 2014-15 season, we will be
conducting a third Team Awareness Meeting focused solely on
domestic violence and related issues. These sessions, to be
completed by mid-February of 2015, will be conducted by Ted
Bunch, co-founder of A Call to Men, a leading violence
prevention organization providing training and education for
men, boys, and communities, and Kalimah Johnson, founder of
SASHA Center, a Detroit-based healing and awareness center
focusing on sexual assault.
The league office maintains a robust Player Development Department,
staffed by ten full-time employees and a number of consultants, whose
mission is to provide support, education and resources to assist
players with all manner of issues during their time in the NBA and to
help them transition successfully into and out of the league. In
addition, each team employs a Player Development Director who serves
the same function on a local basis. Some of the key initiatives of
Player Development personnel include tailored programs for players who
are 20 years-old and under; life-skills programs that are conducted at
our Pre-Draft Camp, Draft, and Summer League; and a financial education
program that is created and delivered in partnership with the Players
Association. Other special resources are provided to individual players
on an as-needed basis.
The NBA and the Players Association also oversee a Player
Assistance Program designed to help players struggling with emotional,
mental health, anger management, or addiction issues--any one of which
may be associated with domestic violence. The Player Assistance Program
is managed by professionals jointly retained by the NBA and the Players
Association, and includes a nationwide network of counselors who are
available to players on a 24/7/365 basis.
2. Rules and Policies. The primary source for rules and policies
governing NBA player conduct is the Collective Bargaining Agreement
(CBA) negotiated between the NBA and the Players Association. The
following provisions of the CBA, among others, are relevant to the
issue of domestic violence:
a. Under the CBA, all NBA players enter into Uniform Player
Contracts (UPCs) with their respective teams. The UPC, in
paragraph 5 thereof and elsewhere, contains various conduct
provisions, including the requirement that players conduct
themselves on and off the court according to the highest
standards of honesty, citizenship, and sportsmanship. (See
Exhibit A hereto.)
b. The UPC also incorporates Article 35 of the NBA Constitution and
By-Laws, which among other things grants the Commissioner the
power to impose a suspension or fine (up to a maximum fine of
$50,000) on any player who, in the Commissioner's opinion, is
guilty of conduct that does not conform to standards of
morality or fair play, that does not comply at all times with
all federal, state, and local laws, or that is prejudicial or
detrimental to the NBA. (See Exhibit B hereto.)
c. Article VI of the CBA contains various provisions governing
player conduct, including the following: (i) a provision
requiring that a player undergo counseling if there is
reasonable cause to believe that he has engaged in any off-
court violent conduct (or if he is convicted of such conduct);
(ii) a provision requiring that a player who is convicted of a
violent felony receive a minimum suspension of 10 games; and
(iii) a prohibition against players possessing a firearm or
deadly weapon of any kind at NBA or team venues or events or
when traveling with the NBA or an NBA team. (See Exhibit C
hereto.)
The foregoing provisions of the CBA are explained and amplified in
other memoranda and notices supplied to players at various times. For
example, all players receive a memo summarizing the player conduct
rules at the beginning of each NBA season. Another reminder--focusing
on respect in the workplace, and making clear that prohibited conduct
includes bullying, hazing, retaliation, or discriminatory or harassing
behavior--is prominently displayed in poster form in all team locker
rooms. (See Exhibit D hereto.) Also under the CBA, NBA teams are
entitled to establish and maintain reasonable Team Rules governing the
conduct of their players.
3. Enforcement Process, Discipline, and Appeal. The league office
is responsible for the enforcement of the NBA's policies relating to
player misconduct--specifically, members of the Legal, Security, Social
Responsibility and Player Development, and Basketball Operations
Departments, as well as the Commissioner's Office. Where appropriate,
and particularly with respect to allegations of domestic violence, the
NBA will seek guidance from outside subject matter experts.
With respect to alleged criminal conduct by players, it has been
the NBA's practice to rely on the disposition of the criminal
proceedings. If the player is convicted, the NBA will make a
determination as to the appropriate disciplinary penalty for the
conduct. If the charges are dismissed, no penalty will be imposed. More
recently, however, our approach has evolved and we will, where
warranted by the allegations and the preliminary evidence, conduct our
own investigations and make our disciplinary determinations based on
the facts as we find them.
Under the CBA, a player (through the Players Association) has the
right to challenge any discipline imposed by the NBA if it has a
financial impact on him in excess of $50,000. Such challenges are
governed by the grievance procedures set forth in the CBA and are heard
and determined by a neutral arbitrator jointly selected by the NBA and
the Players Association.
4. Recent Developments. In the past few months, the NBA has
endeavored to take a fresh look at our policies and practices in the
domestic violence area, and as part of this effort has sought guidance
from experts in the field--including representatives from the Corporate
Alliance to End Partner Violence, Men Can Stop Rape, Safe Horizon,
Joyful Heart Foundation, and the Institute on Domestic Violence in the
African American Community. We have also retained Valli Kalei Kanuha, a
Professor of Social Work at University of Hawaii and well-known
domestic violence expert, as a consultant. In addition, we are working
with officials at the Pentagon to learn how the military handles
domestic violence issues.
This season, the NBA and the Players Association will implement
domestic violence training sessions for players' family members through
both national and local providers, and will make available appropriate
resource guides. Additionally, we are examining the creation of a NBA-
dedicated hotline support system for players and their families (and
for league and team staff) that require assistance and support in
dealing with domestic violence and related issues.
On September 25, 2014, Jeffery Taylor, a player for the Charlotte
Hornets, was arrested and charged with misdemeanor counts of domestic
violence assault, assault, and destruction of property--all in
connection with an incident at a Michigan hotel with a woman with whom
he was having a romantic relationship. Immediately thereafter, the NBA
commenced its own independent investigation of the matter. During this
investigation, by agreement of all parties, Mr. Taylor was on a paid
leave of absence from the team. On October 29, 2014, Mr. Taylor pleaded
guilty to domestic violence assault, subject to the charges against him
being dismissed if he completes domestic violence training and a series
of other court-ordered conditions. On November 19, 2014, after
consulting with outside domestic violence experts and others,
Commissioner Silver suspended Mr. Taylor without pay for 24 games,
imposed other conditions, and issued a publicly-released opinion fully
explaining the NBA's process and rationale. (See Exhibit E.) Although
Mr. Taylor had the option under the CBA of contesting the discipline
before a neutral arbitrator, he chose not to do so, and instead
accepted the Commissioner's discipline as appropriate and apologized
for his actions.
The NBA is committed to vigilance with respect to the issue of
domestic violence. We have made it clear to all members of the NBA
Family that domestic violence is not acceptable in any form and will
result in appropriate discipline, but that there will also be resources
and support available to help prevent its occurrence in the first
place.
I thank the Committee for the opportunity to provide this
information.
Exhibit A
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Exhibit B
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Exhibit C
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Exhibit D
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Exhibit E
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Thank you very much for that.
Ms. Michele Roberts, who is the Executive Director, NBA
Players Association. Welcome.
Ms. Roberts. Thank you. Good afternoon, Mr. Chairman. Is my
mike on? I can't tell. Now it's on.
The Chairman. Beautiful.
Ms. Roberts. OK. Great.
STATEMENT OF MICHELE ROBERTS, EXECUTIVE DIRECTOR, NATIONAL
BASKETBALL PLAYERS ASSOCIATION
Ms. Roberts. My name is Michele Roberts, and I am the
Executive Director of the National Basketball Players
Association, the labor union that represents all NBA players in
collective bargaining.
I appreciate the Committee's desire to explore the topic of
domestic violence in professional sports. As a lawyer formerly
in private practice with the law firm of Skadden Arps, my most
rewarding pro bono project involved the representations of
victims of domestic violence who were seeking civil protection
orders in local courts right here in D.C. When I began work at
the NBPA as Executive Director in mid-September, I was
encouraged to learn that domestic violence is a topic that our
players recognized needed to be addressed long before the
events of recent months when the public's attention turned so
intently on the subject.
Recent events have given us an opportunity to reexamine and
strengthen the already comprehensive scheme the NBA and the
NBPA had in place and add even more safeguards with a focus on
prevention and counseling. We want to make sure that every
player, wife, significant other, and family member has a safe
environment to seek help without fear of retaliation or
additional harm. And in doing so, our recent efforts have
brought together representatives of all members of the NBA
family in an unprecedented fashion. We also want to lead by
example and help create the kind of awareness and attention
that this prevalent and society-wide problem deserves.
Let me first step back though to briefly describe some of
the steps our players had already taken, through collective
bargaining and otherwise, to address these issues. I do not
exaggerate when I say that we begin to broach this topic with
our players years before they even enter the NBA. Each June at
our ``Top 100 Camp,'' the NBPA brings together the nation's
elite high school basketball players, together with their
parents, and helps prepare them for competitive life at the
next level, with an emphasis on character, education, and life-
skills development.
Close to 200 current NBA players have attended the Top 100
Camp. During this week-long program at the University of
Virginia campus, the players work on their basketball skills,
but the majority of each day is focused away from the court,
where our staff of retired players, counselors, psychologists,
and psychiatric professionals lead large and small group
discussions that, in part, focus specifically on respect issues
with girls and women. At this young and impressionable age, we
teach players that part of embracing their manhood includes
treating every woman with kindness and respect. At last June's
Camp, the boys and their parents spent a great deal of time
with Kalimah Johnson, a very effective educator and founder of
the SASHA Center, a Detroit-based healing and awareness center
focusing on sexual assault.
The education continues the moment a player enters the
league, with the Rookie Transition Program, a 4 day joint
program between labor and management that likewise focuses on
personal skills development and provides training on numerous
topics related to conduct, including domestic violence. In past
years, Judge Glenda Hatchett has been a very effective voice,
delivering graphic and powerful presentations on the effects
and consequences of sexual misconduct and abuse of women.
To complete the progression, we not only raise awareness
for our players before and upon entering the NBA, but we now
hold a Team Awareness Meeting, designed jointly by the NBA and
NBPA, devoted solely to the topic of domestic violence. As we
speak, Kalimah Johnson, whom I mentioned earlier, and Ted
Bunch, co-founder of ``A Call to Men,'' a leading violence
prevention organization, are traveling around the country to
meet with every NBA team for a session devoted solely to
domestic violence awareness. These sessions supplement the
year-round work done by our NBPA Player Programs staff, a group
of seven retired players who work full-time for the union
together with the joint labor-management Player Assistance and
Health Education Programs, that help players confront many of
the emotional, anger management, and other stress-related
issues that can be at the root of a domestic conflict.
Our Collective Bargaining Agreement itself specifically
lays out various policies designed to prevent, deter, and, if
necessary, punish acts of domestic violence. Under our Uniform
Player Contract, players are required to conduct themselves on
and off the court according to the highest standards of
honesty, citizenship, and sportsmanship, and the Commissioner
may impose a fine or suspension for conduct that does not
conform to standards of morality or fair play, that does not
comply at all times with all Federal, state, and local laws, or
that is prejudicial or detrimental to the NBA.
And let me, because I see I'm running out of time, end on
this final note.
Since I began my tenure, I have determined that, in
addition to the CBA-mandated levels of discipline, a greater
focus is warranted on prevention and services to family
members. At the union's expense, I recently convened a group of
NBA mothers, fathers, spouses, and significant others for an
all-day session at our offices in New York. Those discussions
were facilitated by a domestic violence expert, Karma Cottman,
with the D.C. Coalition Against Domestic Violence. And among
other things, we identified as a principal need the
establishment of a hotline and counseling service that will
encourage not just players, but family members and other
interested persons to seek out help without the fear of
retaliation. Many people are fearful that, if they speak out
about the possibility or the actual occurrence of a domestic
violence event, they will expose themselves to public ridicule,
be alienated by relatives and friends, and/or jeopardize a
player's livelihood, and thus, put at risk their family's
financial health. Everyone must be comfortable that there is a
safe and confidential manner to seek help.
And with that and the passage now of 6 minutes and 14
seconds, I'll conclude my presentation, and I'm happy to answer
any questions.
[The prepared statement of Ms. Roberts follows:]
Prepared Statement of Michele Roberts, Executive Director,
National Basketball Players Association
Mr. Chairman and Members of the Committee:
My name is Michele Roberts and I am the Executive Director of the
National Basketball Players Association, the labor union that
represents all NBA players in collective bargaining. I also serve as
Executive Director of the Women's National Basketball Players
Association, the labor union that represents all WNBA players in
collective bargaining.
I appreciate the Committee's desire to explore the topic of
domestic violence in professional sports. As a lawyer formerly in
private practice with the law firm of Skadden Arps, my most rewarding
pro bono project involved the representation of victims of domestic
violence seeking civil protection orders in local courts, right here in
the District of Columbia. When I began work at the NBPA as Executive
Director in mid-September, I was encouraged to learn that domestic
violence is a topic that our players recognized needed to be addressed
long before the events of recent months, when the public's attention
has turned so intently on the subject. Recent events have given us an
opportunity to re-examine and strengthen the already comprehensive
scheme the NBA and NBPA had in place, and add even more safeguards with
a focus on prevention and counseling. We want to make sure that every
player, wife, girlfriend, and family member has a safe environment to
seek help without fear of retaliation or additional harm. And in doing
so, our recent efforts have brought together representatives of all
members of the NBA family in an unprecedented fashion. We also want to
lead by example and help create the kind of awareness and attention
that this prevalent and society-wide problem deserves.
Let me first step back, though, to briefly describe some of the
steps our players had already taken through collective bargaining and
otherwise to address these issues. I do not exaggerate when I say that
we begin to broach this topic with our players years before they even
enter the NBA. Each June at our Top 100 Camp, the NBPA brings together
the Nation's elite high school basketball players, together with their
parents, and helps prepare them for competitive life at the next level,
with an emphasis on character, education and life-skills development.
Close to 200 current NBA players have attended the Top 100 Camp. During
the week-long program at the University of Virginia campus, the players
work on their basketball skills, but the majority of each day is
focused away from the court, where our staff of retired players,
counselors, psychologists and psychiatric professionals lead large and
small group discussions that, in part, focus specifically on respect
issues with girls and women. At this young and impressionable age, we
teach players that part of embracing their manhood includes treating
every woman with kindness and respect. At last June's Camp, the boys--
and their parents--spent a great deal of time with Kalimah Johnson, a
very effective educator and founder of the SASHA Center, a Detroit-
based healing and awareness center focusing on sexual assault.
The education continues the moment a player enters the league, with
the Rookie Transition Program, a four-day joint program between labor
and management that likewise focuses on personal skills development and
provides training on numerous topics related to conduct, including
domestic violence. In past years, Judge Glenda Hatchett has been a very
effective voice delivering graphic and powerful presentations on the
effects and consequences of sexual misconduct and abuse of women.
To complete the progression, we not only raise awareness for our
players before and upon entering the NBA, but we now hold a Team
Awareness Meeting, designed jointly by the NBA and NBPA, devoted solely
to the topic of domestic violence. As we speak, Kalimah Johnson, whom I
mentioned earlier, and Ted Bunch, co-founder of A Call to Men, a
leading violence prevention organization, are traveling around the
country to meet with every NBA team for a session devoted solely to
domestic violence awareness. These sessions supplement the year-round
work done by our NBPA Player Programs staff--a group of seven retired
players who work full-time for the union--together with the joint
labor-management Player Assistance and Health Education Programs, that
help players confront many of the emotional, anger management and other
stress-related issues that can be at the root of a domestic conflict.
Our Collective Bargaining Agreement itself specifically lays out
various policies designed to prevent, deter and, if necessary, punish
acts of domestic violence. Under our Uniform Player Contract, players
are required to conduct themselves on and off the court according to
the highest standards of honesty, citizenship and sportsmanship, and
the Commissioner may impose a fine or suspension for conduct that does
not conform to standards of morality or fair play, that does not comply
at all times with all federal, state, and local laws, or that is
prejudicial or detrimental to the NBA.
More specifically, as far back as 1999, the parties agreed that
when there is reasonable cause to believe that a player has engaged in
sexual assault or acts of domestic violence, he is required to undergo
a clinical evaluation and appropriate counseling, with conviction of a
violent felony punishable by an immediate suspension of at least ten
(10) games. Players are required to cooperate with investigations, and
all discipline is appealable to an independent arbitrator.
Since I began my tenure, I have determined that, in addition to the
CBA-mandated levels of discipline, a greater focus is warranted on
prevention and services to family members. At the union's expense, I
recently convened a group of NBA mothers, fathers, spouses and
girlfriends for an all-day session at our offices in New York. Among
other things, we identified as a principal need the establishment of a
hotline and counseling service that will encourage not just players,
but family members and other interested persons, to seek out help
without the fear of retaliation or unintended consequences. Many people
are fearful that if they speak out about the possibility or the actual
occurrence of a domestic violence event, they will expose themselves to
public ridicule, be alienated by relatives and friends, and/or
jeopardize a player's livelihood, and, thus, put at risk their family's
financial health. Everyone must be comfortable that there is a safe and
confidential manner to seek help. This is my foremost priority at this
point.
As a final note, we continue to believe that collective bargaining
is the most appropriate forum for the resolution of these issues and
are confident that our policies and initiatives address in a meaningful
way the concerns of the Committee. Congress has long given deference to
parties operating under collective bargaining agreements to develop
their own solutions to problems, properly recognizing that the parties
bound by a collective bargaining agreement have a longstanding
relationship with unique problems and problem solving methods that are
often difficult to comprehend by those outside the relationship. We
fully believe in and support the Committee's and Congress' goal of
eliminating domestic violence in sports, and we believe this goal is
best accomplished by the leagues and players working together to
accomplish this universal objective. Together we can and will set a
tone of appropriate respect for women and all family members.
The Chairman. Thank you very much.
Jessica Berman, who is Vice President and Deputy General
Counsel of the National Hockey League. Welcome.
STATEMENT OF JESSICA BERMAN, VICE PRESIDENT AND DEPUTY GENERAL
COUNSEL, NATIONAL HOCKEY LEAGUE
Ms. Berman. Thank you, Chairman, Ranking Member, and the
members of the Committee for inviting the National Hockey
League to testify here today regarding domestic violence in
professional sports.
The NHL takes very seriously the issues of domestic
violence. We believe we have an obligation to raise awareness,
provide education, and penalize offenders, all with the hope
and intention of deterring future misconduct. To that end, and
working with the NHLPA, the duly authorized collective
bargaining representative of all NHL players, the League has
responsibly developed, implemented, and enforced strict
policies, practices, and procedures regulating the off-ice
personal conduct of its players, which extend to and encompass
situations of domestic abuse.
A core component underlying these rules and policies is a
comprehensive education program, which has existed for at least
the last decade. The League provides annual training for our
players on a variety of critical social issues, and these
issues have included domestic abuse. This training and
education has been delivered in a number of forms and contexts,
and by multiple voices. Those voices have included the NHL
security department and medical professionals charged with
administering our substance abuse and behavioral health
program, which is a jointly administered program created by the
NHL and NHLPA in 1996. They meet with players on an annual
basis on each team to discuss with them, among other things,
personal conduct issues.
In addition, the NHL and NHLPA organize an annual Rookie
Orientation Program, and at this past year's program, at two
different breakout sessions, the issue of domestic violence was
addressed, as well as other personal conduct issues. We believe
that by making the messages clear and reinforcing them on a
regular basis, the players are better prepared to appreciate
and manage difficult problems that they face, both from a
personal and professional standpoint. As a result, they will be
better equipped to avoid situations that will bring harm to
themselves and to their families.
In addition to our work in the area of education and
raising awareness, the Collective Bargaining Agreement, which
will remain in effect until at least September 15, 2020,
governs the terms and conditions of employment for all NHL
players. The CBA grants both the League and each of its 30
Clubs the authority to enforce the rules regulating players'
personal off-ice conduct, and this responsibility has, and will
continue to be, exercised appropriately, fairly, and
judiciously.
I'll just briefly go through a couple of the relevant
provisions which provide the League with that authority. In our
Collective Bargaining Agreement, the Commissioner has broad
authority to act and impose discipline when a player has been
or is guilty of conduct that is detrimental to or against the
welfare of the League or the game of hockey. This language has
historically been applied by the League Office to a wide array
of personal conduct off-ice matters, and we believe it provides
the League with an adequate degree of discretion and authority.
The standard form employment contract, which is also part
of our Collective Bargaining Agreement, provides NHL teams with
the authority to discipline players for conduct that violates
the rule that requires a player to conduct himself, on and off
the rink, according to the highest standards of honesty,
morality, fair play, and sportsmanship, and to refrain from
conduct detrimental to the best interest of the Club, the
League, and professional hockey generally.
The National Hockey League remains committed to the
principle of addressing players' personal conduct problems in a
meaningful way, and by doing so, protecting and maintaining
both the integrity and generally good reputation of our players
and our sport. We do not hesitate to take disciplinary action
in necessary and appropriate circumstances, as most recently
evidenced by the indefinite suspension issued to a player in
the NHL who was recently charged with a domestic violence
offense. While no trial has occurred in that situation, and the
player remains innocent until proven guilty, we felt the most
appropriate course of action in that case was to remove the
player from the ice, at least until we are able to satisfy
ourselves with respect to what has actually transpired.
The NHL appreciates being provided with the opportunity to
express our views here today, and we remain available to answer
any questions that you may have. Thank you.
[The prepared statement of Ms. Berman follows:]
Prepared Statement of Jessica Berman, Vice President and Deputy General
Counsel, National Hockey League
I would like to thank the Chairman, the Ranking Member, and the
Committee Members for inviting the National Hockey League (``NHL'' or
the ``League'') to testify today regarding domestic violence in
professional sports.
The NHL takes seriously issues of domestic violence. While our
historical experience suggests that these issues are not prevalent
among our Player population, we nonetheless believe we have an
obligation to raise awareness, provide education, and penalize
offenders, all with the hope and intention of deterring future
misconduct. To that end--working with the National Hockey League
Players' Association (``NHLPA''), the duly authorized collective
bargaining representative of NHL Players--the League has responsibly
developed, implemented and enforced strict policies, practices and
procedures regulating the off-ice personal conduct of its Players,
which extend to and encompass situations of domestic violence.
A core component underlying all of these rules and policies is a
comprehensive education program. For at least the last decade, the
League has provided annual education for our Players on a variety of
critical social issues, including issues relating to domestic violence.
This training and education has been delivered in a number of forums
and contexts, by multiple voices. In particular, on an annual basis
both the NHL Security Department personnel and the medical
professionals charged with administering our Substance Abuse and
Behavioral Health (``SABH'') Program (the ``Program Doctors'') meet
with the Players on each NHL team to educate them, and to discuss with
them, among other things, personal conduct issues. In addition, the NHL
and NHLPA organize an annual Rookie Orientation Program at which at
least two different breakout sessions comprehensively address the
importance of avoiding personal conduct issues--including,
specifically, domestic abuse.
Although the emphasis and content of the League's annual sessions
are reviewed and modified on a regular basis to ensure that they remain
engaging and relevant, in general, the education programs focus on: (i)
identifying the triggers that lead to conflict, personal conduct issues
and domestic violence; (ii) outlining ways to avoid dangerous
situations prior to their escalation; (iii) offering alternative
mechanisms for handling personal conflicts; (iv) providing information
about third-party assistance for Players and their families in need of
counseling or other behavioral intervention; and (v) explaining the
criminal, civil, professional, personal and other consequences
associated with engaging in personal misconduct. It is our hope and
sincere belief that the NHL's comprehensive education and training
programs have helped our Players make better decisions in their lives;
certainly that would include their conduct with respect to their
relationships with family members and other loved ones.
We believe that by making the messages clear and reinforcing them
on a regular basis, the Players are better prepared to appreciate and
manage difficult problems that may arise, both from a personal and
professional standpoint, and, as a result, avoid situations that will
bring harm to their families and themselves. Our Players are
continuously reminded that they live and act as role models to people
both inside and outside the hockey community and that their behavior
and conduct will always be judged and held to the highest standards.
Our Players take seriously the importance of their roles in this
regard, and in representing each of their respective team
organizations, the League and the sport of hockey generally, and,
overwhelmingly, their conduct has made a positive contribution to their
communities.
In addition to the our work in the area of education and raising
awareness, the Collective Bargaining Agreement (``CBA''), which will
remain in effect until at least September 15, 2020, sets forth
provisions (as may be amended from time to time by agreement of the
parties) that govern terms and conditions of employment for all NHL
Players. The CBA grants both the League and each of its 30 NHL Member
Clubs authority to enforce rules relating to Players' personal (off-
ice) conduct, and this responsibility has been--and will continue to
be--exercised appropriately, fairly and judiciously. I will now briefly
identify and describe various of these provisions, and I have included
full text versions of the relevant materials as attachments to my
written statement.
1. CBA Article 18-A: Commissioner Discipline for Off-Ice Conduct--
Article 18-A of the CBA sets forth the rules, procedures and
guidelines for the League pursuant to which it can review,
assess and impose supplementary discipline for Players' off-ice
conduct. The provision, which has been collectively bargained
with the NHLPA, grants to the Commissioner broad authority to
act and impose discipline when a Player ``has been or is guilty
of conduct (whether during or outside the playing season) that
is detrimental to or against the welfare of the League or the
game of hockey.'' This language historically has been applied
to a wide array of personal conduct matters, and we believe it
provides the League with an adequate degree of discretion and
authority. (Full text attached at Attachment 1)
2. CBA Exhibit 1: Standard Player's Contract--Exhibit 1 to the CBA
is the standard form employment contract (the ``Standard
Player's Contract'' or ``SPC'') used for all NHL Players with
their NHL teams. The SPC also contains rules that are
applicable to Players' personal conduct. In particular, Section
2(e) requires that a Player ``conduct himself on and off the
rink according to the highest standards of honesty, morality,
fair play and sportsmanship, and to refrain from conduct
detrimental to the best interest of the Club, the League or
professional hockey generally.'' This paragraph provides NHL
teams with discretion to apply appropriate discipline in the
event a Player's personal conduct violates this standard. (Full
text attached at Attachment 2)
3. NHL Constitution Article 6 & NHL By-Law Section 17--The NHL
Constitution Article 6 & NHL By-Law Section 17 each contain
rules and guidelines for imposing discipline both for Players
and for other League and Club personnel for off-ice misconduct.
(Full text attached as Attachments 3 and 4)
4. Substance Abuse and Behavioral Health Program (``SABH
Program'')--The NHL/NHLPA SABH Program is a joint program
established and implemented by the NHL and the NHLPA that
comprehensively addresses matters relating to substance abuse
and behavioral health (including as they may relate to certain
criminal arrests and/or convictions) through education,
counseling, treatment, follow-up care, and where appropriate,
sanctions in the form of Player discipline. The SABH Program is
administered by the Program Doctors that have been retained by
the NHL and NHLPA jointly, and those professionals make their
services available to all NHL Players and their families, as
necessary. The Program Doctors deliver annual education to the
Players on each of our 30 Member Clubs, a portion of which
education is dedicated to domestic violence issues. The SABH
Program also makes available a 24/7 confidential hotline to
Players and their families to assist with crisis management and
intervention, including as it might relate to personal conduct
matters.
5. NHL Security Department Policies/Education--The NHL Security
Department acts as a liaison with each team's security
department in an effort to safeguard and protect the Players
and all other constituents and stakeholders in the game. This
results in regular and consistent communication between the
League Office and the 30 NHL Member Clubs, and ensures that the
League is aware of any issues that may warrant intervention or
might otherwise need to be addressed by the League.
Furthermore, the Security Department has developed and regularly
disseminates to the Players information and education in areas
where Players may encounter increased risk, including areas
such as gambling, domestic conflict and personal conduct
management.
The National Hockey League remains committed to the principle of
addressing Players' personal conduct problems in a meaningful way, and
by doing so, protecting and maintaining both the integrity and
generally good reputation of our Players and our sport generally. We do
not hesitate to take disciplinary action in necessary and appropriate
circumstances, as most recently evidenced by the indefinite suspension
issued to a Los Angeles Kings' Player, who recently was charged with a
domestic violence offense against his spouse in California. While no
trial has occurred and the Player remains innocent until proven guilty,
we felt that the most appropriate course of action in that case was to
remove the Player from the ice, at least until we are able to satisfy
ourselves with respect to what actually transpired.
Please be assured that we will certainly continue to prioritize the
subject of training and education of the Players who play in our League
on issues related to personal conduct, including domestic violence.
Indeed, in light of recent events, we have undertaken a process to
reevaluate everything that we do in this area, both at the League and
local Club level to ensure they are both effective and state-of-the-
art. In this regard, we will continue to utilize third-party providers
and experts to ensure best practices, and we obviously intend to engage
and involve our Players' Association in any ``next steps'' that might
prove appropriate.
The NHL appreciates being provided with the opportunity to express
our views regarding these issues. We remain available should you seek
additional information.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Thank you, Ms. Berman.
Steve Fehr, the Special Counsel, National Hockey League
Players' Association.
STATEMENT OF STEVEN FEHR, SPECIAL COUNSEL, NATIONAL HOCKEY
LEAGUE PLAYERS' ASSOCIATION
Mr. Fehr. Thank you. And if I might, I would like to say
I've never lived in and rarely been to West Virginia, but I've
long been an admirer of the Senator from West Virginia, and I
would like to thank you for all that you've done, not just in
holding this hearing, but throughout your career. And I wish
you the best in 2015 and beyond.
In regard to none of the Executive Directors other than Ms.
Roberts being able to show up, Senator Thune, I would like to
say that the Executive Director of the NHLPA, who happens to
have the same last name as I do, wanted very much to be at this
hearing. He had a long-standing commitment overseas. I believe
staff was told that if the hearing was next week or yesterday
or even this morning, he would have been able to attend, and
he'd be happy to meet with you in your offices or at a future
hearing.
There could be some advantages and disadvantages to going
last. Like Ms. Behrens, I'm not going to read from my prepared
statement. I appreciate that you will place it in the record.
It's a little too long, and parts of it would be a bit
repetitive, not only of what Ms. Berman said about the NHL but
what my colleagues, particularly Ms. Roberts and Ms. Seitz said
on behalf of the basketball players and the baseball players.
But let me just make a few points.
Professional athletes face extraordinary public scrutiny,
both on and off their field of play. They are often thrust into
the public spotlight at a very young age, sometimes 20 or even
younger in the NHL, with pressures few people ever experience
during their lifetime. Many of you expect the players to be
role models, but in most cases, their background and training
in high-performance athletics has done little to assist them in
assuming that role. In light of this, the NHLPA has worked
diligently with the NHL to develop procedures, policies, and
programs to help these young men and their families deal with
these pressures. We believe our efforts have met with some
success, but it is a never-ending project.
It starts with education. We stress education for our
players beginning at a young age. As Ms. Berman indicated, much
of that is done through the SABH Program, in which services are
available to all players and to all who could be involved in a
situation involving domestic violence. That includes families.
That includes girlfriends, and I did ask staff if it was
appropriate to say that word. Trained medical professionals are
available for counseling and other services on a 24-hour basis.
We also have our Rookie Orientation Program, which has been
in place for 2 years now. It was initiated by the Players'
Association along with the League. It is based on a model that
was used by MLB and the MLBPA. And as you may know, the
Executive Director of the NHLPA worked as the Executive
Director of the MLBPA for many years. We stress education and
training of players coming into the league on many subjects,
including domestic violence.
On the subject of discipline, the CBA does give the
Commissioner power to discipline for what we call ``off-ice
conduct.'' Obviously, that would include situations involving
domestic violence. Under the CBA, such discipline is eventually
reviewable by a neutral arbitrator. The arbitrator is asked to
review, among other things, whether the discipline imposed by
the Commissioner for off-ice conduct was ``supported by
substantial evidence'' and was ``proportionate to the gravity
of the offense.'' This right to appeal should encourage the
fair and consistent application of disciplinary policies and of
results that can withstand objective scrutiny. The fact that
the arbitrator is independent, that is, not an employee of the
NHL or a representative of the NHL, adds considerable
credibility to the process and strengthens the perception that
any penalties imposed are just.
I should add, as I said in my statement, that discipline in
this area can be complex, particularly when there is interplay
between potential criminal charges or actual criminal charges
and disciplinary proceedings in the workplace.
Finally, as Commissioner Bettman said last week in a letter
to the House committee, there have been very few incidents that
have come to light in recent years involving NHL players and
domestic violence. And I do not say that, Senator Thune, to
minimize or downplay the issue, because obviously, it is a very
important issue, and even if there is one, it is one too many,
and we need to continue to work until there are none.
Thank you for holding this hearing, and I look forward to
answering your questions.
[The prepared statement of Mr. Fehr follows:]
Prepared Statement of Steven Fehr, Special Counsel, National Hockey
League Players' Association (NHLPA)
My name is Steven Fehr, and I am Special Counsel to the National
Hockey League Players Association (NHLPA). I appear today in response
to the Chairman's invitation to testify. The Executive Director of the
NHLPA, Donald Fehr, is unavailable due to a longstanding commitment
overseas.
We want to thank the Chairman and the Committee for the invitation,
as well as for taking the time to focus on this important issue. We all
share the common goal of doing whatever we can to reduce the incidence
of domestic violence in this country. Given some recent cases that have
drawn great public attention from the realm of sports, today's
discussion is both warranted and timely.
Professional athletes face extraordinary public scrutiny both on
and off their field of play. These athletes are often thrust into the
public spotlight at a young age with pressures few people ever
experience during their lifetime. Our society expects them to be ``role
models,'' but in many cases their background and training in high-
performance athletics has done little to assist them in assuming this
role. In light of this, the NHLPA has worked with the NHL to develop
procedures, policies and programs to help these young men and their
families deal with these pressures. Those will be discussed in more
detail below. We believe that our efforts have met with some success.
But it is a never-ending project.
The issue of player discipline in this area is a complex one. When
an employer disciplines an employee for misconduct away from the
workplace, it raises a host of concerns on its own. But when you add
the prospect of discipline for allegations that have yet to be proven,
the issues become even more difficult. The careers of athletes are very
short and all games are precious. Of course, the NHLPA wants to do all
that it can to eliminate domestic violence that involves our members.
At the same time, we cannot accept the proposition that a player
should, as a matter of course, be punished until he has had his ``day
in court,'' or in neutral arbitration as the case may be. And in
instances in which there is an actual or potential criminal proceeding
in addition to the prospect of employer discipline, the legal issues
can be very complicated to navigate.
We should also make a point regarding the number of domestic
violence incidents involving our members. We do not have data to
compare to the numbers in society in general, or in other sports, but
it would seem that such incidents involving NHL players are few and far
between, as Commissioner Bettman has said. Indeed, with respect to the
number of instances in recent years when NHL players were subject to
prosecution for domestic violence, we are only aware of two such
allegations against NHL players over the last nine years. In one, the
charges were ultimately dropped, and the other is currently pending.
With that background let me give you more detail about the efforts
of the NHLPA in this area.
The NHLPA is the exclusive collective bargaining representative of
the more than 700 professional hockey players who play for the 30 clubs
in the NHL, 23 of which are in the U.S. and the remaining 7 in Canada.
As such, we negotiate the players' terms and conditions of employment,
including the bases upon which ``off-ice'' misconduct may be addressed
by the League, and to represent our members in any disciplinary
proceedings. Over the years, and particularly during the 2012-2013
bargaining that culminated in the parties' new collective bargaining
agreement (CBA), we have negotiated with the NHL over policies and
procedures related to the authority of the League and the Clubs to
discipline players for off-ice personal misconduct, which would of
course include instances of domestic violence or other crimes. In
addition, and perhaps more important, for many years we have worked
closely with the NHL to provide our members and their families with a
comprehensive program of education and personal and family support in
the form of the Substance Abuse and Behavioral Health Program (SABH).
As will be explained below, the successful operation of this program
may well have contributed to the infrequency of incidents of domestic
violence.
Player Representation
The CBA provides the NHL Commissioner with the authority to
discipline players for off-ice misconduct to the extent that such
behavior is found to be detrimental to the game of hockey or to the
welfare of the League. In addition, under the terms of the ``Standard
Player Contract'' between individual players and their Clubs, which is
also part of the CBA, NHL Clubs are authorized to discipline their
players for conduct ``detrimental to the best interest of the Club, the
League or professional hockey generally.'' Such discipline, of course,
is subject to the conditions as well as the procedural and substantive
protections set out in the CBA, including a player's right to have his
League or club discipline for off-ice misconduct reviewed by a neutral
arbitrator. The NHLPA's role in the off-ice discipline process is
rooted in our statutory duty to represent our members. Under the
National Labor Relations Act unions owe all bargaining unit employees a
duty of fair representation. Thus, the NHLPA attempts to ensure that
the procedural protections of the Collective Bargaining Agreement are
complied with; that the discipline assessed by the League or Clubs is
consistent with the relevant provisions of the CBA; and that the
discipline which results comports with traditional notions of
fundamental fairness and due process.
A critical component of the negotiated disciplinary process, and
central to the effort to achieve fairness and protect due process, is
the aforementioned right to review by a neutral, independent
arbitrator. This procedure has been available for many years to players
who are the subject of Club discipline; in the 2013 CBA it was extended
to apply to cases of Commissioner discipline. Upon the exercise of this
contractual appeal right, the arbitrator is asked to review, among
other things, whether the discipline imposed by the Commissioner for
off-ice conduct was ``supported by substantial evidence'' and
``proportionate to the gravity of the offense.'' The right to appeal
should encourage the fair and consistent application of disciplinary
policies and of results that can withstand objective scrutiny. The fact
that the arbitrator is independent, i.e., not an NHL official or
representative, adds considerable credibility to the process and
strengthens the perception that any penalties imposed are just.
Substance Abuse and Behavioral Health Program
The NHLPA and NHL work together through the Substance Abuse and
Behavioral Health (SABH) program to ensure that players receive
education, support and, where necessary, professional counseling and
treatment. As I indicated previously, the training and background of
the young men, who many expect to be role models, often does little to
prepare them for this role. The program teaches and encourages players
to make appropriate choices in their personal lives, including in their
relationships with family members. The SABH program provides such
counseling, treatment and support not only to players, but also to
wives, spouses, girlfriends, and other family members. Both the League
and the NHLPA are highly committed to this approach, which in this
context may be considered preventative.
The parties established the SABH program in 1996. Since its
inception, the primary aim of the program has been to provide a
comprehensive system of professional support for players in order to
promptly and effectively address behavioral issues, including conduct
that might lead to criminal charges. The SABH program, which is staffed
by dedicated health care professionals selected by the NHL and the
NHLPA, provides players with education and information regarding the
entire range of behavioral, personal, and relationship issues,
including spousal abuse. The SABH ``Program Doctors'' are available on
a 24-hour basis throughout the year to provide confidential assistance
to players who may be experiencing personal or family crises.
At the commencement of each season, the SABH Program Doctors visit
each of the 30 clubs and meet with players to discuss personal conduct
issues and familiarize them with the array of available program
services. Players are encouraged by NHLPA staff and representatives to
reach out to the program before a situation gets out of hand, and are
reminded that the Program Doctors are immediately available, either by
telephone or in person, to assist in the management of personal crises.
Considerable emphasis is placed on the confidentiality of player
consultations with the Program Doctors. We believe that the players'
ready access to the highly skilled and trusted professional counseling
services offered by the SABH program significantly reduces the
incidence of violent outcomes related to personal issues.
The SABH program also aims to resolve behavioral issues on a long-
term basis. Where appropriate, Program Doctors refer players to
counseling or treatment offered by a network of health professionals
established for this purpose. The progress of the players who receive
such counseling and treatment is monitored by the Program Doctors and,
as deemed appropriate and necessary, follow-up care is available to
players. As a general approach, the SABH program places emphasis on the
resolution of issues within the player's family as a whole; family
members, especially spouses, are involved in counseling and treatment,
either on a separate basis or in conjunction with that provided to the
player.
Rookie Orientation Program
More recently, the NHLPA and NHL have instituted an annual multi-
faceted Rookie Orientation Program (ROP) that, among other objectives,
is designed to serve as an important introduction to the SABH program
for new players coming into the League. The ROP is a three-day seminar
held before the commencement of training camp. Those players deemed
likely to be playing in the NHL for the first time in the approaching
season are required to attend. The players receive intensive education
in the whole range of life-style issues confronting younger
professional athletes, including the development of appropriate coping
mechanisms within relationships. They are introduced to the
professionals engaged in the SABH, who explain how they can utilize the
program services.
Thank you again for the opportunity to be here today. I look
forward to answering any questions.
The Chairman. Thank you very much.
Just make an announcement. It's very, very difficult if the
leadership holds votes at 4 o'clock for us to have a reasonable
hearing, and so I'm trying with everything I can to get them to
postpone those votes for at least a half an hour, so that all
members have a chance to speak and ask questions. It is much
too important a hearing to let couple of votes get in the way
of it. Senator Thune?
Senator Thune. Mr. Vincent, as we've discussed, last
Friday, the former Federal judge who heard Ray Rice's appeal of
his suspension ruled that Mr. Rice had not misled NFL
Commissioner Roger Goodell about his confrontation with his
fiancee and in her 17-page opinion, the judge discusses the
pre-discipline meeting between Ray Rice and Roger Goodell
stating that, and I quote, ``At the time of the June 16
meeting, the NFL also knew that there was a camera inside the
elevator and thought it was likely that there was a video from
the camera. Various sources, including NFL security, had
reported the existence of such a video. Rice had received this
video in discovery during his criminal case, but the NFL never
asked Rice for the second video.'' That's end quote. That's
from the judge.
So the question is, how did the Commissioner not know that
there was a second video inside the elevator at the time of the
June 16 meeting with Mr. Rice?
Mr. Vincent. Well, Senator, I'd like to begin with Judge
Jones' decision and her opinion letter. I thought it made it
very clear the Commissioner first imposing discipline and then
coming back and imposing discipline again was a deficiency in
our system. But as we read through her opinion letter, I think
she made it obvious that if the Commissioner had imposed more
severe discipline on the onset, it would have made it very
difficult for her to rule any differently.
We've learned. I think the Commissioner has acknowledged
those mistakes. We have acknowledged those mistakes. This is
all part of our evaluation as we look at the new Personal
Conduct Policy. We failed. The Commissioner failed to impose
the proper discipline in the Ray Rice case in the very
beginning.
Senator Thune. But the question is did the NFL ask for the
second video and did the Commissioner know it existed? I mean,
I assume the NFL knew of it if Ray Rice had it.
Mr. Vincent. Yes. Senator, the first video, heartless,
gutless, despicable. I don't think there was a need for a
second video to impose the proper discipline. We failed in that
particular area. The Commissioner has acknowledged that. Our
office has acknowledged that. We made a critical mistake.
Senator Thune. So what efforts is the NFL making to ensure
that, in the future, all the relevant, available evidence is
there before making a decision on whether and how to punish a
player that's involved in a domestic violence or a sexual
assault case?
Mr. Vincent. Well, I would begin, Senator, with stating
that having the right people at the table, having the right
voices to evaluate, to potentially investigate these horrific
crimes, I thought at the time. We know now that the right
people weren't at the table. Listening to our experts across
the country, we've learned that the right voices, the right
discipline, the right process was not in place. We've learned
from those mistakes. We've begun implementing, at least at a
minimum, having the right people, the right discussion, the
right system: one, by protecting the victims first and
survivors, and then second, working toward a fair process, but
firm discipline.
Senator Thune. When might we expect the Mueller
investigation to conclude?
Mr. Vincent. We're expecting it at any time. We've all been
put on notice in our office, as Mr. Mueller gives us a call or
he wants to speak, to be cooperative. But we're hoping that
that ends, and we're expecting that report to come to some
closure shortly.
Senator Thune. Will that be a public report and will it
detail the results of that investigation?
Mr. Vincent. I believe so.
Senator Thune. I want to ask a question, and this would be
of the Players Association representatives, and I'll try, in
the interest of time, Mr. Chairman, to give other people an
opportunity to ask questions, keep this very short, so if you
could answer, yes or no. A lot of the focus has been on finding
the right penalty for domestic violence, but would you agree
that, at its core, the solution will require athletes to take
responsibility for their own conduct and use the same self-
discipline that has allowed them to excel at sports to renounce
and end this ugly violence? Ms. Patterson?
Ms. Patterson. I would say that it's a multifaceted
approach, which includes personal accountability. But I do
believe it also includes education, counseling, and some of the
other efforts that Ms. Roberts specifically spoke about,
particularly before players come into the league. You know,
we'd certainly acknowledge that accountability for your own
actions is important and significant, but we do have to
acknowledge that players, they are sons, they are brothers,
they are fathers, husbands, and we just have to assist in that
development.
Senator Thune. Ms. Berman, yes or no?
Ms. Berman. I would say accountability is a very critical
part of any solution.
Senator Thune. Ms. Roberts?
Ms. Roberts. I would concur with both responses, yes.
Mr. Fehr. I think players are and expect to be held
accountable for their conduct in many ways.
Senator Thune. Thank you, Mr. Chairman.
The Chairman. Thank you. I'm just going to ask one
question, not a second question, just one question, so that
everybody gets a chance to do so, then we'll have a second
round if we're so lucky. This is directed to Ms. Behrens and
Ms. Roberts.
The NBA's policy on domestic violence is a minimum 10 game
suspension for felony violent acts. As I understand the policy,
the league does not impose penalties when there is no
conviction. That becomes important. But many domestic violence
cases do not result in conviction, because of some of the
factors we've already undertaken--there's the culture of
silence and all the rest of it, the people withdraw, don't
press or whatever.
Too often, victims don't cooperate with law enforcement for
a variety of reasons, so the charges are mysteriously dropped,
or defendants will plead no contest. When I hear no contest,
red lights go off in all directions, but this has a very
different effect. In the last 2 years, I'm aware of six NBA
players who have been charged with domestic violence, but the
league did not impose any penalties, because there have been no
convictions.
So my question to Ms. Behrens and Ms. Roberts, are you
prepared to develop uniform policies that will address conduct
by players who have been charged with a domestic violence but
there are no convictions?
Ms. Behrens. Mr. Chairman, as I submitted to the Committee
an opinion that the Commissioner released about 2 weeks ago
relating to the suspension of one of our players, and in that,
the Commissioner acknowledged that we needed to do more on this
issue in terms of discipline going forward, both in terms of
our due process and not really relying on the criminal justice
system.
One of the things that we've learned from our experts, and
a number of the members talked about it, certainly Senator
McCaskill mentioned it, is that domestic violence for too long
has gone both under-reported, under-prosecuted, and under-
sentenced. And we are committed to making sure that we're not
just relying on the criminal justice system going forward, and
that we are independently investigating charges that might be
brought against a player, and as such, are making sure that the
Commissioner, who does have discretion beyond the 10 games that
you mentioned in the Collective Bargaining Agreement, does have
discretion beyond that to impose a suspension that is longer,
as we did in the recent case of Jeff Taylor.
So that is our plan going forward, that we will be doing
independent investigations, ensuring due process for our
players, and making sure that the suspensions are firm but
fair.
The Chairman. Ms. Roberts?
Ms. Roberts. What I would add, Senator, is that in the
existing CBA, there is, in fact, language that allows the
Commissioner, even in the absence of a conviction, if there is
a reasonable basis to conclude that a player has been engaged
in violence, including domestic violence, counseling can be
ordered. And again, as Kathy has mentioned, there is a basis to
impose discipline. So it's ``in there.'' Having said that, I
agree with Ms. Behrens, we are continuing to have discussions
about ways to tweak and improve our system to the extent that
there's any absence of sufficient transparency about there
being the ability to impose fair discipline.
The Chairman. So you both indicate to me that you're moving
away from the necessity for a conviction before action can be
taken.
Ms. Roberts. What I am suggesting is that there is, as I
say, there is language that does permit, if there is a
reasonable basis to conclude that a player has engaged in
violent conduct, including domestic violence, subject to an
investigation by the Commissioner, if that's substantiated,
there is an ability to exact a punishment.
The Chairman. Thank you.
Ms. Roberts. You're welcome.
The Chairman. Senator Heller?
Senator Heller. Thank you, Mr. Chairman. Again, thanks for
holding this hearing. Also to our witnesses that are here
today, thank you for taking time. Ms. Patterson, most of my
questions will be directed toward you.
Yesterday, the Washington Post reported that the NFL and
the Players Associations are still at odds regarding changes to
the Personal Conduct Policy and how players discipline is
handled. Is that accurate?
Ms. Patterson. I would say yes.
Senator Heller. It is accurate?
Ms. Patterson. That's correct.
Senator Heller. Also in the article, the union has taken
the position that a player should have the right to determine
whether they play or not after an incident like domestic
violence or sexual assaults take place. Is that also accurate?
Ms. Patterson. I wouldn't say that's accurate generally.
Senator Heller. Can you be more specific?
Ms. Patterson. Well, it's hard with a hypothetical.
Senator Heller. I'm just taking the article.
Ms. Patterson. Right.
Senator Heller. Is it true that the union's position is
that a player should determine for themselves, under certain
incidents like domestic violence or sexual assault take place,
whether or not they should play?
Ms. Patterson. No. I would not say that's accurate.
Senator Heller. What is accurate?
Ms. Patterson. That we want to have confidence in a process
in terms of discipline if an incident does occur, and we would
like to collectively bargain with the league on how that
discipline is applied.
Senator Heller. So you're saying that the article in the
Washington Post is inaccurate?
Ms. Patterson. I'm saying the question that was posed, and
it sounds narrowly such, because I'm not familiar with the
article, nor was I asked to be a part of it. But I'm saying
that that part that you just asked me about is inaccurate.
Senator Heller. I'm just trying to get to the point as to
whether or not the Players Association is saying it's okay to
knock out a woman with one punch on Wednesday and still suit up
for a team on Sunday.
Ms. Patterson. Absolutely not. We do not condone domestic
violence. I stated that earlier, and I will keep stating it.
What we do is defend players, and we defend the process.
Senator Heller. Was a 12 game suspension for knocking out
his fiancee with one punch appropriate in the Ray Rice case?
Ms. Patterson. I don't know that that was appropriate. What
we think is inappropriate is inconsistent and unfair handling
of players and their issues.
Senator Heller. What would be appropriate? I mean, you're
eluding the questions. What would be an appropriate suspension
for an individual that knocks out his wife or his fiancee?
Ms. Patterson. Well, Senator, I apologize for appearing to
elude the questions, but I just have to respectfully say that
the union is not in the business of applying discipline. We are
in the business of representing our membership to the full
extent of their rights, both under the law and under the
Collective Bargaining Agreement.
Senator Heller. Well, I would tend to disagree, Ms.
Patterson. You're either for stopping sexual assault, domestic
abuse, and child abuse, or you're not.
Ms. Patterson. Right, but I'm not suggesting that we're
condoning any sort of misconduct.
Senator Heller. Well, let me ask you this question then. Do
you believe sexual assault, domestic violence, and child abuse
are far more important, than the union's issues with collective
bargaining?
Ms. Patterson. I would agree that they're far more
important, but that's outside the scope of what we're talking
about in terms of labor. I agree that societal issues are more
important, yes.
Senator Heller. Mr. Chairman, I have no more questions.
The Chairman. Yes, you've done a very good job on the ones
you've asked. Senator Klobuchar?
STATEMENT OF HON. AMY KLOBUCHAR,
U.S. SENATOR FROM MINNESOTA
Senator Klobuchar. Thank you very much, Mr. Chairman. Thank
you. I grew up with professional sports. I think I'm the only
Senator up here that has all four teams in these leagues in
their state. I'm not competitive.
And my dad, as many of you may know, was a sports writer
and then became a general columnist, and he would get an extra
ticket to the NFL game, and I would go watch him when I was 12
years old and stand outside the locker room and wait for him,
and he would be the last one out, and there would be some
rather inebriated fans as we left. And he is only 5 foot 6, but
they would tap him on the back and say, ``Great game.'' And he
would always say, ``It was a team effort.''
And I always have looked at sports that way, and I look at
it another way, and that is as a prosecutor for 8 years, and
knowing what it's like when our office took on a very difficult
case against the late Kirby Puckett, who is an icon in our
state. We did not win that case, but I could understand that
culture and how difficult it is to win those cases in the court
of law, so I appreciate the questions that were asked about
discipline beyond the courtroom.
I also understand what it's like to take on domestic
violence cases. Mr. Vincent, in our office, we had a poster
outside of my door, and it was a woman with a Band-Aid on her
nose, and she was holding a little boy, and the words under the
poster said, ``Beat your wife, and it's your kid that will go
to jail.'' And I so appreciated your personal story and your
willingness to stop that cycle of violence in your own life,
and I know how difficult that is. So thank you very much.
My question is really about how to make sure that these
criminal cases move forward. I was disturbed by reports in the
New York Times and the Washington Post that leagues or teams
may be discouraging women that come forward to them, wives or
partners of players from going forward to law enforcement. The
only way you stop this cycle is not only what I hope you are
all doing now with your new approach to these issues as having
tough penalties, but I also think you have to make sure that
people are not discouraged from going forward.
So I would just like to ask this question of the four
league representatives that are here, and that is, do your
teams ever discourage people that come to them, the owners or
the coaches, from going forward with domestic violence cases to
law enforcement? And do you have a policy in place, and can you
control these owners or coaches from doing that to make sure,
going forward, that this does not happen again? I would start
with you, Mr. Vincent.
Mr. Vincent. Well, Senator, we hope that that doesn't
occur. And that is the culture that we have to break. That's
the cycle that we have to break as we look at implementing our
new policy. We've been talking about personal accountability.
We've also been talking extensively about club accountability.
We want to make sure that the victims and survivors
actually have the proper support that these women, these
children, that we can break that silence, that they have a
place that they can go to, they have support confidentially,
that they're safe when they go home. We've embedded ourselves
with our critical response teams and making sure the local
support is in place. But for this behavior----
Senator Klobuchar. I have a very focused question about not
stopping people from going forward to law enforcement, not from
discouraging them. Is there a way to control the coaches and
the team owners by saying you cannot do that, if someone comes
forward, you have to encourage them to go to law enforcement?
Mr. Vincent. Yes, ma'am. As part of our education, that's
something that we're educating on.
Senator Klobuchar. OK. Thank you. Thank you very much. Mr.
Torre?
Mr. Torre. Yes, Senator. I wholeheartedly agree with you on
not discouraging the victims from coming forward, because that
would be the worst thing that could happen. And I hope it
doesn't happen in our sport, because I know winning games are
very important, but to me, being a good human being certainly
surpasses that.
Senator Klobuchar. And is there a policy in place?
Mr. Torre. Well, we are discussing with the Players
Association----
Senator Klobuchar. But why would the Players Association
influence whether or not you tell someone to not go forward to
law enforcement?
Mr. Torre. No, I misunderstood that. There's no question--
--
Senator Klobuchar. Yes, I don't think that that's a
negotiable issue.
Mr. Torre. Our teams, and we have general managers
meetings, we have owners meetings, and I speak to every
manager, and it's about doing things the right way.
Senator Klobuchar. OK.
Mr. Torre. And certainly, being a human being is much more
important. I went overboard, but that's the way I feel.
Senator Klobuchar. Thank you. No, no, no. I appreciate
that. I just think you've got to think of this different than
the collective bargaining issue.
Mr. Torre. No question.
Senator Klobuchar. This is about going forward with a
criminal investigation. Ms. Behrens?
Ms. Behrens. Senator, yes. We, in fact, are, as part of our
education efforts, doing enhanced training for our team staff.
And one of the things that we're making very clear is not only
are we saying not to discourage, but we're encouraging and
making sure that the teams are being proactive in this space.
And our first line is, support victims first, and we're making
that clear.
Senator Klobuchar. Ms. Berman?
Ms. Berman. I'm unaware of any discouragement. And to the
contrary, we have a system in place where the NHL's centralized
security department has contacts at every local team where, if
something like that was going on, I would hope we would be
hearing about it, because it certainly would violate League
policy.
Senator Klobuchar. Thank you.
The Chairman. Are you finished?
Senator Klobuchar. Yes.
The Chairman. OK. Senator Schatz?
Senator Schatz. Chair, I defer to Senator McCaskill.
Senator McCaskill. I think I beat you in the room. First,
let me correct the record on the NBA questions about
punishment. I've looked at the articles and the sections on
counseling for violent misconduct. Let me make sure the record
is clear. The most a commissioner can do for violence without a
conviction is counseling, isn't that correct, Ms. Behrens?
Ms. Behrens. No, Senator. I'm sorry, that's not correct.
Senator McCaskill. So what can the Commissioner do besides
counseling if there's not a conviction?
Ms. Behrens. The Commissioner has discretion, under our
Collective Bargaining Agreement, which was the discretion that
he used in the suspension of Jeff Taylor most recently. And
that discretion and the language refers to the notion that
conduct that is detrimental to the League.
Senator McCaskill. To the League. OK.
Ms. Behrens. It's not necessarily related to a violation or
a conviction.
Senator McCaskill. OK. Thank you. I also handled domestic
violence cases for many years, started the first domestic
violence unit in Kansas City. And when I began that unit in the
nineties, the detectives told me, ``Well, you know, we really
can't do these cases, because victims won't come forward.
Victims refuse to testify. So why are you doing this? Why are
you making us go through the motions of trying to prosecute
domestic violence?''
And I said, ``Well, we better shut down the homicide
unit.'' And they looked at me blankly. I said, ``Well, we don't
have victims in homicide cases, but we manage to put a case
together based on an investigation as to what occurred, based
on witnesses' testimony who witnessed the event, based on
physical evidence, based on 911 calls.''
And I point this out, because I think one of the biggest
problems you have writ large is this notion that you all can
sit back and wait to see if there is, in fact, a criminal
prosecution and conviction. And I think you all know
fundamentally the pressure that is brought to bear on that
victim from the moment an arrest is made or from the moment the
team finds out. Because many times, you all know, you have a
lot of off-duty police officers that are huge fans, and they
work for you all. And when they find out one of your guys are
in trouble, I know this for a fact, because when I was the
prosecutor, I got the call that Cris Carter was involved in
something in Westport, a big famous Chiefs player, and I
immediately heard from the team about what I should and
shouldn't do with Cris Carter. Before I'd even heard from the
police department, I heard from the team.
So what we really have to do here is look to see what you
are doing independently to investigate these cases, and
independently determine what the facts are, because that's how
the NFL got in trouble, Mr. Vincent, is you didn't see it--
Roger Goodell didn't see it as his responsibility to ask the
question, is there another tape, and I need to see it before we
do punishment. There was not a process in place.
And let me just give you one example. And I think we should
say for the record that Major League Baseball Commissioner, Bud
Selig, has never sanctioned an MLB player for domestic
violence. Never in 22 years. Now, teams have, but at the
Commissioner level, that has never occurred. And I'm going to
go through one example, Francisco Rodriguez. By the way, I
found all this just Googling around on my iPad last night
preparing for this hearing. This wasn't prepared by my staff--
anybody could do just this and look into Rodriguez' record that
is written in print.
In 2005, based on sworn court testimony, he put a young
lady by the name of Daian Pena, he hit her so hard that she was
hospitalized in Venezuela. He then convinced her to move to the
United States with him and in 2010, he assaulted her father at
the Mets stadium, pulling him out of the family lounge. At the
time, Carlos Beltran said, ``Well, this is bad. We all have
problems at home, but you need to keep it at home.''
He was prosecuted for that, and during the prosecution of
that, he had an order of protection entered to not contact the
young lady or her father. He violated those orders of
protection. This is in 2010. Violated those orders or
protection, was convicted of the assault of her father, and
given one year of anger management.
He then goes onto the Milwaukee Brewers. And in 2012, he's
arrested--a 911 call at 2:40 in the morning. And his girlfriend
is huddled in a closet at their home and tells everyone what
has occurred--excuse me, that's my phone--tells everyone what
has occurred. They arrest him. There's staff there at the home
who are also from Venezuela. So what happens? The case is not
prosecuted, because guess where the victim and the housekeeper
went? To Venezuela.
He then becomes a free agent, and guess where he is back in
2014? He's back in Milwaukee pitching, and pitches in the All-
Star game. And nothing has ever happened to him in terms of
baseball.
Now, I know I've taken all my time, but I wanted to get
that story out there. And what I would like for the record, and
I'm going to stick around for another round if the Chairman is
willing to do it, because I want to know from each of you how
serious is your league about an independent investigation into
the facts? Or how content are you to sit back and go, well,
maybe she won't go through with it, maybe she won't come
forward, and if there's not a conviction, we're off the hook?
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator McCaskill. Senator Schatz?
The votes start you think at 4:10? Senator Schatz.
STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
Senator Schatz. Thank you, Chairman. Thank you, Ranking
Member. My question is for Mr. Vincent. We know Commissioner
Goodell recently changed the NFL's domestic violence policy to
require a six game suspension for first offenses. We also know
that after he changed that policy, Mr. Goodell personally
called Ray Rice. What was the content of that conversation?
Mr. Vincent. I wasn't aware of him calling Mr. Rice.
Senator Schatz. Well, this has been widely reported. And my
understanding is that it was to reassure him that this would be
applied prospectively rather than retroactively. And you're not
aware of this?
Mr. Vincent. No, sir.
Senator Schatz. OK. Well, I'd like to offer you these
questions, and you can get back to the Committee, because my
question for you about that is, is this normal? Does the League
consider this appropriate? Does the Commissioner, as a general
proposition, interact directly with players who are subject to
disciplinary proceedings, or was this a one-off? And I think it
goes to the culture that Senator Heller spoke of in his opening
statement, which is get the player back on the field. Your
financial incentives are aligned toward getting the player back
on the field. And I found it odd, and I found nothing in your
policies and procedures that would indicate that it was
appropriate for the Commissioner of the football league to call
an individual player to reassure him that everything was just
fine.
Mr. Vincent. Senator, I will investigate that and get any
information back to you.
Senator Schatz. Thank you. The NFL's handling of domestic
violence is illogical in my opinion, especially when you look
at the strict treatment of athletes who violate the drug
policy. Take Josh Gordon. Mr. Gordon was suspended for an
entire season for testing positive for marijuana during the off
season. This imbalanced treatment actually happens all the
time.
ESPN analyzed cases of players found guilty of domestic
violence between 2000 and 2014. The analysis showed that, in 88
percent of the cases, the NFL suspended players for only one
game or not at all for domestic violence. While in comparison,
in 82 percent of substance abuse cases, the NFL handed out
suspensions of four games or more. Does the league consider
that to be an inconsistency that has to be corrected going
forward?
Mr. Vincent. Yes, sir, Senator. And that's one of the
things that we've been looking at, that we've been evaluating.
I think now, our staffers, the Commissioner, when you learn the
complexities and the severity of child abuse, domestic
violence, and sexual assault, we failed, we failed in that area
to punish, to hold one accountable. I know recently in the
Players Association's most recent proposal--and this is one of
the complexities that we have, when is it the appropriate time
to take someone off the field? The most recent proposal said
you need a conviction. We strongly disagree with that. We
strongly disagree that there needs to be a felony or a
conviction for us to remove someone off the field.
Senator Schatz. Where are the owners in all of this? I know
we've sort of touched upon this issue, but it seems to be, in
particular with the NFL, a lot of the leverage is with the
individual teams, and a lot of the difficulty is with the
individual teams. And the teams aren't represented, if I'm not
mistaken, at this table. And I'm wondering what leverage you
think the NFL can exercise with respect to its interactions
with the owners. Because certainly in the Ray Rice case, the
problem was system-wide, but it was in particular with the
Baltimore Ravens as an organization, and I'm wondering how
those interactions are going. I think Senator Heller and other
are referring to the collective bargaining process. That's part
of it. But really, a lot of the challenges of the financial
incentives of the owners are to get the player back on the
field and figure that the fans will forgive them in the end.
Mr. Vincent. Yes. And in our last two owners meetings--we
have one coming in the next 2 weeks--it has been the focus of
our discussion, some uniformity to make sure that we are
consistent with in penalty process and how we see----
Senator Schatz. So what leverage are you prepared to
exercise in your interactions with the owners, because I
understand that by revenue, the owners are bigger than the
League, and I'm wondering what you're prepared to do to try to
get the owners to participate in this new system of
accountability?
Mr. Vincent. Well, we're looking at all options. And one of
the things when we start talking about club accountability,
maybe the removal of draft picks. You know, you have to do
things to really hit the club, to hold the clubs accountable.
But all things are on the table. We're discussing all options
to make sure that everyone is held accountable, the player, the
staff, local law enforcement that's working with the team, as
well as the clubs themselves.
Senator Schatz. Thank you very much.
The Chairman. Senator Walsh, followed by you.
STATEMENT OF HON. JOHN WALSH,
U.S. SENATOR FROM MONTANA
Senator Walsh. This question is for you. As you mentioned,
you and your wife founded the Safe at Home Foundation to
education young people about domestic violence. Proactive
approaches to ending the cycle of domestic violence, like your
foundation, are critical, so thank you and your wife for taking
that on. Can you tell us about your experience with the
foundation and what education strategies you have found to be
most effective in preventing domestic violence before it starts
and what could be incorporated from your foundation into the
leagues?
Mr. Torre. Well, I just feel our Safe at Home Foundation,
when we first started the foundation, we were deciding on which
way to approach, because growing up in that environment, I
really didn't find out until later on in life that a lot of my
insecurities came from what was going on in my home where my
dad was abusing my mom. And having been a child growing up that
way, I was lucky, I got to play baseball, so I had a place to
hide. Not a lot of youngsters were that lucky.
So when we first started, went to a middle school and start
talking to youngsters, not about baseball. I said, ``We'll talk
about baseball in a minute, but I want to explain this camera
crew behind me, because we were going to have our first gala.''
And in speaking to the youngsters about what was going on in my
home, I looked out there, and about six or seven are shaking
their head like this. In other words, we struck a nerve.
So the most important thing, we have a master's level
counselor in each one of our rooms. We name them after my mom,
Margaret's Place. And what we do is let the kids know that,
first of all, it's not their fault, and they're not the only
ones going through this. When I grew up, I thought I was the
only one. I was embarrassed to share it with anybody. And we've
had a number--as I said earlier, close to 50,000 youngsters--
that have come through our programs, and we have peer
leadership programs.
We just don't reach enough kids. That's our issue for me.
Because I don't believe there are bad kids. I think kids do bad
things. And you know, just from my experience with the Attorney
General's Defending Childhood Taskforce, going around and
listening to so many different gang members, tribal
communities, you realize how many different layers of domestic
violence or violence period that there are. And what we try to
do with these youngsters that come through our program is to
make them think that their future, make them understand their
future is out there. It's not like when they leave school and
they're sort of helpless, just go with the first strong
personality they see. We educate them to the point of making
them feel pretty good about themselves.
Senator Walsh. Thank you.
The Chairman. Thank you, Senator Walsh. Senator Ayotte?
STATEMENT OF HON. KELLY AYOTTE,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Ayotte. Thank you, Mr. Chairman. One thing I wanted
to note up front is that all of you are here, we're
appreciative that you're here testifying today. But
Commissioner Goodell, Commissioner Selig, Commissioner Silver,
Commissioner Bettman were all asked to be here, and leadership
does start at the top. I do think that it's pretty convenient
that none of them were able to appear today, and it says
something about their level of commitment. They should all be
here today. And while I'm appreciative that you've been willing
to appear in their stead, I think that it says something about
how big a commitment there is going to be on this. That does
need to lead to the owners as well, who have to take
responsibility for what happens here.
I want to associate myself with the comments of Senator
McCaskill, because you do need to establish an investigative
process for these cases that do not result in criminal
conviction. This is imperative, because you have to hold
yourselves to a higher standard. The bottom line is that, in
many of these cases, victims are not going to come forward
because of the financial pressure that they face, the social
pressure that they face, and the terror that they face.
However, that does not alleviate your responsibility to get the
facts, to look at the evidence, and to still impose discipline,
even if a victim is too terrified to come forward.
In the same regard, I wanted to follow up on Senator
Klobuchar's questions about the reports of victims who are
being encouraged not to come forward, or, in the instance that
Senator McCaskill gave, where one victim was actually flown to
another country. I believe as you look at your policies, the
sanctions should be as severe for this type of witness
tampering as it should be for the underlying violent acts,
because this is, witness tampering. If you put those sanctions
in place, it will make very clear that, if someone is a victim
of domestic or sexual violence, that neither the coaches nor
the players nor anyone else should be interfering with their
ability to come forward or interfering with the way that they
are able to be safe and receive the support that they need as
victims of a crime.
Now, I wanted to ask specifically a follow-up question on
an issue. As I look to you, Ms. Roberts and to Ms. Patterson,
one of the things that I'm concerned about as I've listened to
the testimony today is that, in terms of the players-side of
this, that they not hide behind the collective bargaining
process or agreement when it comes to basic accountability and
basic responsibility for not committing crimes. This is what
they are, crimes, crimes of violence against women, sexual
violence against women, or, as we've seen some instances,
violence against children.
I want to use as an example, Ms. Roberts, the recent
situation of the imposition of discipline against Jeff Taylor,
who is a Charlotte Hornet player. I understand he received a 24
game suspension for a conviction for domestic violence for
beating a girlfriend. What I saw was the union's complaint that
that suspension was ``excessive.'' As I understand it, the
player himself has accepted this suspension. I have to say your
response, or the union's response, I don't know if it was yours
in particular, to say that this was excessive. To me this
highlights the problem that we're facing, and it's disgusting
to me that you would say that it is excessive. So I would want
you to address that.
Ms. Roberts. Sure. I'm happy to.
Senator Ayotte. What do we do in those situations? Why do
you believe that was excessive? If we're going to get at this
issue, this has to be the player's responsibility, the
responsibility of the officials in the league, and the owners,
everyone needs to have a hand at this. So I would like to know
what you were thinking, or not you particularly, but the
unions.
Ms. Roberts. I'm happy to answer your question, Senator.
And let me be clear, because the Players Association was not,
for one second, suggesting that some punishment was not
warranted. Of course, it was warranted. And we expected the
Commissioner to impose punishment, and he did. Our position was
simply that, we have a CBA, which we believed, and we have a
disagreement about this, had precedent that indicated that that
was an excessive punishment. The Commissioner, when he imposed
the punishment, acknowledged that it was a significant
departure from prior punishments. And so again, our position
was that the CBA required us to collectively bargain, if there
was going to be some imposition of punishment that belied the
CBA.
Having said that, the player was never discouraged from
accepting responsibility. It was his desire, his right to
grieve or not to grieve. He chose not to grieve. And I said to
him in his face, and I said it behind his back, and I'll say it
again, we absolutely endorse his decision to take
responsibility for what he did, and the matter has been closed.
My only point, Senator, is this. While we all agree, and we
do all agree that this is very serious business, and we need to
take it seriously, we don't believe that we need to, at the
same time, abandon due process. And that's the only point. That
doesn't mean that 24 games may not be appropriate under certain
circumstances. It simply meant that, within the four corners of
the CBA, and again, we have a disagreement about this, it did
go beyond the scope of what was collectively bargained for.
But I don't want you, Senator, or anyone to assume that the
National Basketball Players Association does not take this
seriously. We do. I have spent the last 2 weeks visiting with 9
of my 30 teams. I intend to see the rest of them in the next 2
months. And every time I meet with them, I make clear to them
that we will not tolerate this kind of conduct. It's not the
NFL's problem. It's our problem as well. And so I don't want
our position on the Jeff Taylor matter to in any way confuse
our commitment to making sure that this thing goes away.
My only final point I make is this----
The Chairman. No, I'm sorry. Your time is over.
Ms. Roberts. Then I guess I won't.
The Chairman. Senator Blumenthal is next. I'm going to go
vote. Senator Cantwell will be Chair. And I'll be back. And
let's just work it out, OK? But we got to keep it going.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thank you. Thank you, Mr. Chairman, and
thank you for having this hearing. I want to join in expressing
my admiration for your proceeding in spite of the obstacles,
some of them that have been raised. And thank all of you for
being here. We have some sports heroes here, and we have some
professional legal heroes, and I'm grateful to each of you for
coming to talk to us today.
But I want to talk about the people who are not here, the
owners. And in a certain sense, they are the bosses. They're
going to be the ones who make the ultimate decision. Let's just
talk the realities here. And the financial reality is that
words and promises are a lot more difficult than action. And
I'm looking for a way to impose accountability beyond a
hearing, beyond negotiations, and accountability that means
something in dollars and cents.
Right now, the professional leagues represented here are
not only the object of public scrutiny, they are the
beneficiary of huge benefits in the form of tax breaks,
subsidies for teams, and stadiums, as well as chief among them,
the antitrust exemption. Today, I am proposing that we end the
blank check to the leagues, the antitrust exemption that has
enabled the leagues to successfully negotiate together, as no
other corporations in the United States would be permitted to
do under antitrust laws, for literally billions of dollars. And
that antitrust exemption should be contingent on doing the
right thing, really acting, not only talking about acting, but
doing it. And by acting, I mean investigating comprehensively
and aggressively, imposing sanctions as a consequence of that
investigation, adopting a due process that has been so sorely
lacking and, Mr. Vincent, is the reason why the league was so
embarrassed, because there was no process, as Ms. Patterson has
also observed, and, maybe most important looking forward, and
really, it hasn't been mentioned here, aid to the organizations
and groups that provide assistance to the survivors and victims
of domestic violence within your leagues, in your families, and
across the United States.
I want to thank Mr. Torre for his example, because I think
men have a vital role, which is the reason why your players can
be such role models, such positive role models, for others and
why the leagues can be such positive role models in providing
tangible financial assistance, which you have not yet done, for
all the talk here, to the advocacy groups and organizations
that are so pivotal in fighting domestic violence. So I'm
asking for a commitment that you will support this
accountability and that you will support the groups that assist
victims and survivors.
In the interest of time, I'm just going to ask, is there
anyone here who would not make that commitment? By the absence
of a response, I'm going to assume that you would agree with me
that that kind of commitment is important and necessary. You've
begun doing it. But I'm not asking you to continue what you've
done, but for a substantial increase in that assistance to the
hotlines and the shelters, and all the service groups. And I
hope that you will all join in that commitment.
Let me ask Mr. Vincent, what is the timeline for you, for
the league, to adopt a process for imposing punishment within
the NFL?
Mr. Vincent. The Commissioner had stated in his earlier
press conference that he would like to have a new policy in
place by the Super Bowl--that would be the latest.
Senator Blumenthal. And what is the process that will
provide for owners to approve that process?
Mr. Vincent. And next week, we actually have our owners'
meeting where we'll begin to talk about, again, some of the
things that we've learned. We've heard much about the process,
accountability. So we're hoping to have, within the next 2
weeks, a real clarity in the position on where we are as far as
a real formal, clear process moving forward.
Senator Blumenthal. The bill that I proposed would sunset
the professional sports leagues antitrust exemptions under the
1961 Sports Broadcasting Act and the comparable provisions for
the MLB. One year after the bill's enactment, it would
authorize a commission to provide a report to Congress
regarding the league's behavior in the interests of the public,
and it would allow Congress to reauthorize exemptions every 5
years, based in part on commitments to aid public service
organizations. How much is the NFL willing to commit to aid
those organizations?
Mr. Vincent. Well, we make substantial commitments. We've
made 5-year commitments both to the National Domestic Violence
Hotline----
Senator Blumenthal. And what is the amount of those
commitments?
Mr. Vincent. I think it's almost 4 to $5 million a year.
Senator Blumenthal. You've made a commitment to the
domestic violence hotline for $5 million a year?
Mr. Vincent. National Domestic Hotline. Yes, sir. We've
also----
Senator Blumenthal. Would you be willing to make
commitments of the same or comparable size to other
organizations that do similar kinds of work?
Mr. Vincent. I cannot make that commitment today.
Senator Cantwell [presiding]. Senator Booker?
Senator Blumenthal. Who can make that commitment?
Senator Cantwell. I just want to make sure, we're trying to
get the rest of the members in, so your time has expired.
Senator Blumenthal. Who can make that commitment?
Mr. Vincent. That's something that we discuss as an entire
team, we discuss with our experts who are those leading
organizations, those organizations at the grassroots level that
need the support to support our families, to support NFL
personnel. So that's a collective decision that was made for us
to support the National Domestic Violence Hotline and the
National Sexual Assault Resource Center.
Senator Blumenthal. Thank you very much to all of you. I'm
sorry that my time has expired.
Senator Cantwell. Thank you. Senator Booker?
STATEMENT OF HON. CORY BOOKER,
U.S. SENATOR FROM NEW JERSEY
Senator Booker. Thank you. Real quick, I just want to thank
the Ranking Member for saying that perhaps we should be
revisiting this after the new year, when I assume you'll be the
Chairperson, because that issue of accountability keeps coming
up. It only can be held by this body, should we have the chance
to revisit this and see the progress that has been made. I'm
going to go very quickly, as a vote has been called.
You, obviously, Mr. Vincent, are saying that you're seeking
to help fund, and a lot of the charity you enumerated in your
opening statement was about funding and supporting domestic
violence prevention, domestic violence treatment, and the like.
And that's true, that you see that those organizations often
need more resources, is that correct?
Mr. Vincent. Yes, sir.
Senator Booker. Mr. Torre, real quick. The Major League
Baseball does not have a tax-exempt status, is that correct?
The league, the actual league, Major League Baseball.
Mr. Torre. Right. Correct.
Senator Booker. Does that hurt your financial bottom line?
Mr. Torre. No. I don't think so.
Senator Booker. Right. And so I don't think so either.
Mr. Torre. Yes, I think we're doing well, yes.
Senator Booker. Mr. Vincent, the Congressional Budget
Office says, if we remove those teams, those leagues--unlike
Major League Baseball, there are a number of leagues, including
the NFL, that have a tax-exempt status. The Congressional
Budget Office says if we removed that tax-exempt status, it
would yield millions of dollars a year annually back to
taxpayers. And my question to you is, understanding that these
organizations need more funding, why does the NFL need a tax-
exempt status, when we could be redirecting the money to
domestic violence prevention and treatment programs?
Mr. Vincent. Well, what I would say, let me make it clear,
all club revenues, all league generated----
Senator Booker. You don't have to enumerate that for the
record. I am very familiar with individual teams' revenues. I'm
simply asking you right now. I have to justify to my
constituents why the NFL, this multi-billion dollar
organization, has tax-exempt status. Do you believe that just
like the Major League Baseball, do you believe that you should
have tax-exempt status?
Mr. Vincent. Yes. We're run just like a trade association,
very similar, our office.
Senator Booker. No, no. So you think that you should
continue to enjoy a tax-exempt status that Major League
Baseball does not have?
Mr. Vincent. No, it's not to enjoy. Today, that's how we're
currently run. Our clubs again, our revenue is taxed. And
Senator, I've actually seen your proposal, and I do believe
that when we combine both public and private resources, we
could fund the intervention and the prevention, some of the
things that I've seen in your proposal. This is how we both
collectively, both privately, and public resources, we can make
a difference in the area of domestic violence, sexual assault,
and child abuse.
Senator Booker. No, and I really appreciate that, and I
appreciate the charity. My simple point is, are professional
leagues that enjoy, as the Senator just said, exemptions to a
lot of laws and enjoy tax-exempt status, simply should not
enjoy a tax-exempt status where that money that the
Congressional Budget Office says could be reaping--could save
taxpayers millions of dollars annually. That money could be
used to invest in these programs that right now it seems we
have to rely on the charity of the NFL, and I don't think
that's adequate. But let me shift gears real quick.
I feel very, very fortunate, having played college
football, to have a lot of friends that have played in the NFL,
played in the NBA, and some friends that are still in the NFL
and NBA. And it has been described to me as just incredible
resources. Player orientation to me is dazzling, when they let
the players know, hey, we're here for you. If there's a crisis,
you have hotlines. If you're stuck at a club and can't get a
ride and are inebriated, the NFL is there for you, right? You
can call. And the NBA. This I know. Thank you for shaking your
head. Maybe you're not aware.
Mr. Vincent. Yes, sir.
Senator Booker. Yes. And so one of the concerns I have is
that when it comes to calling that team for issues of domestic
violence, that often the incentive, from my experience and what
I know about my friends that are players, and forgive me, I
only know the NBA and NFL players, is that often the objective
is to keep that player out of the news, to keep issues quiet.
And to me, that works against ultimately what the goal is when
it comes to domestic violence, which is bringing light and
attention to a problem as opposed to just creating an
environment where it's swept under the rug.
And so one of the big concerns I have as these reforms are
discussed and talked about is this rapid response that clearly
we see, that I know about personally, that that rapid response
doesn't have two different objectives that are contrary to
actually dealing with the problem that might be encountered.
And I'd just like, in the second that I have left, if you
could give me some assurances that what I know to be the case
from friends who've played and are playing in the NFL and NBA,
that this system will be changed in a way that puts the
victims' needs and concerns and family situations ahead of that
player's ability to remain on the field and the corporate
interest that exists to keep that player being productive.
Mr. Vincent. Yes.
Senator Booker. And I'd like both NBA representatives and
NFL representatives to do so, and I'm done.
Mr. Vincent. OK. Well, that is at the core of what we're
talking about, what we've been evaluating, is to make sure that
the victims and the survivors have the support that they need.
We recognize that we have to break the culture of silence. The
programs that you mentioned, the last 4 years that was my sole
responsibility, player programs and services. It's a shared
responsibility. Those programs are put in place in
collaboration with the Players Association to assist families.
We want to encourage the families to seek out proper help,
proper assistance. I can assure you moving forward in the area
of domestic violence, sexual assault, and child abuse, that we
want to make sure that we break that silence, that the victims
and survivors are safe.
Ms. Behrens. And Senator, I'll just make the same
assurance, that part of our training and education program that
we're rolling out with our teams and have shared at the highest
levels is to make sure that this is not something that is
discouraged but encouraged, both for people to get help, but
also to report behavior that's in violation, certainly of any
criminal law and any violation of the NBA's codes of conduct.
Senator Booker. And just as I return to the Chair. That's
the accountability that we need to make sure these systems are
changing. And just for the record, I think it's ridiculous that
the NFL and other sports teams enjoy tax-exempt status. That's
resources the taxpayers could be using for something else.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Senator Booker. So actually,
thank you for emphasizing that point, because I don't think I'm
going to have time for questions, and I will just submit some
questions for the record.
But that particular issue is of interest to me, and
obviously, the fact that the Baseball Association and
Basketball Association don't enjoy that tax-exempt status, and
yet, the NFL continues it.
I guess my main point is, we saw this case with Donald
Sterling, and we saw immediate and swift action. In fact,
Michael Jordan praised the NBA saying ``a powerful message was
sent that there can be no tolerance, zero tolerance, for racism
and hatred.'' So it's clear that, in some cases, these
organizations can act swiftly and do act swiftly. The question
is, in this issue of domestic violence, why you don't. And I
think that what we're hearing from many of my colleagues today
is, what is the culture within these organizations that prevent
it from acting as swiftly as was in the case of Donald
Sterling?
So I'm going to submit some questions for the record, but I
also, too, want to be on record that the NFL, I'm hearing from
my constituents as I've raised this issue related to what is a
very hateful name in association with the NFL, but my
constituents now are just flabbergasted that the NFL continues
to enjoy a tax-exempt status. For what purpose? And yet, on
these issues of having a name of hatred for a team, and then
having these cases of domestic violence, to say nothing of the
incidents of what happened in Florida with players, the NFL is
not showing the leadership that I believe that it should, and
it certainly doesn't deserve the tax-exempt status.
So I'm going to submit from further questions for the
record, and I want to thank my colleague, Senator McCaskill,
for her leadership on this issue, and certainly want to work
with her in her role as previously understanding these issues
from a prosecutorial perspective of how we can get some
cultural issues ingrained into these institutions.
So I'm going to turn the gavel over to you, and thank you.
Senator McCaskill [presiding]. Thank you. I'm going to
state on the record here that I'm going to miss a vote. I think
this is--I would vote aye on the nominee that we're voting on
right now, and the record should reflect that, but I'm going to
skip that vote, because I think the questions that need to be
asked here, in the long run, could have more impact on a
problem that I think is pervasive and important than one more
vote in a confirmation that is going to occur with or without
my vote. So I'm going to stick around.
So Mr. Rubio, you have an opportunity to question now, and
then hopefully, I'll get another chance.
STATEMENT OF HON. MARCO RUBIO,
U.S. SENATOR FROM FLORIDA
Senator Rubio. Thank you. Thank you, Madam Chair. I
appreciate it. Thank you all for being here. And I'm going to
limit my comments to the National Football League, although all
of you, domestic violence is important in society as a whole
and all of the sports, it's the sport I'm most familiar with as
both a fan of it, living in a city that has a franchise. You
may not know this, but I would have played in the NFL, had it
not been for my lack of size, speed, and talent, but that was
my goal.
And I want to begin by saying, Mr. Vincent, I have the
highest respect for you, though. You and I have never met. We
have a lot of friends in common. You're reputation among many
in league circles is as high as anyone I've ever heard.
Certainly as a Dolphin fan remember us drafting you in 1992 and
sorry to see you leave in 1995. When Jimmy let you go, it was a
big mistake--in 1996. But in any event, I appreciate your
service, both as a player, and for the NFLPA, I believe, and
now for the league.
But I do want to make two points about the NFL that are
important and ask you this question. The NFL doesn't just play
for 3 hours on Sundays, Monday, and Thursday nights. The NFL is
a 24 hour, 7 day a week endeavor that actively wants Americans
to admire and emulate the people it puts on the field. It wants
our young people to wear--and this is true of all the leagues,
but again, I'm focused on the NFL--it wants young people like
my sons, and they want to and do, to wear the same shoes, to
wear their jerseys, to buy the same and use the same products.
I mean, we just read a couple of weeks ago, now, they regulate
what earphone they can use during pre-game warmups, because the
league has established a contract with one of the providers,
and they want them to wear those. So this is an ongoing, 24
hour endeavor. It wants young people to emulate and to look up
to these athletes, and they do.
In fact, I can tell you, being involved now in youth
football, and this is very sad, but it is true in some
instances, some of the only positive male role models that many
young Americans today have happen to be the professional
athletes they'd see on Sundays or at nights on television in
any of your leagues. So I think it's important to preface that,
because this is not just a sport that's played on a field 3
hours at a time. This actually has deep impacts throughout
society, and there are millions of young--especially young
boys, but young Americans who look up to these players. And
whatever happens or does not happen with them has a deep impact
on them, because for many of them, it's the only male role
model that they have in their lives, unfortunately, in the
cases where people go wrong.
And that's why the Ray Rice case so interested me. Because
the situation with Mr. Rice involved, number one, someone that
my sons actually personally admired. My sons actually came to
admire Ray Rice, because there's--I'm now getting deep in the
weeds here, but one of my sons kind of plays a hybrid running
back position. He's not the tallest kid on the team, but he's
very quick. And so he looked for someone on the National
Football League that had the same attributes, and that was Ray
Rice, and he really looked up to him. And a few weeks ago, he
wanted to know why isn't Ray Rice playing, and I had to explain
to him why he wasn't playing. And the impact of that was
extraordinary on him. He's still kind of young to full
comprehend what it means, but what happened or didn't happen
with him had an impact on him and other young people across
America, because it served as an example of what happens in
society and in life when someone does the wrong thing. So
that's why I'm so interested in that case beyond the horrifying
instance that happened.
My understanding from the testimony I watched on television
a few minutes ago is that you stated that the Commissioner nor
the league had ever seen the elevator video, but that it didn't
need to, because in essence, everything that happened in that
elevator that the video showed had already been admitted to and
testified to by Mr. Rice, is that correct?
Mr. Vincent. Yes. And if I can, Senator, again, the
Commissioner had stated that he not yet seen the video, and as
I mentioned earlier, I think anyone, anyone of us who had
witnessed that, you know, saw that despicable act----
Senator Rubio. But the point is that Mr. Rice, whatever we
saw on the video, and it's certainly a horrifying video to
watch, but he basically had already told the Commissioner, that
whatever that video showed, he had already admitted to, is that
correct?
Mr. Vincent. Yes.
Senator Rubio. And so basically, not having seen the video
is the same as having seen it in this instance. I mean, that's
what you've said here today, that you didn't need to see the
video, because they already knew what happened.
Mr. Vincent. Senator, as I acknowledged in the beginning,
we made a mistake.
Senator Rubio. Well, I guess I'm trying to understand the
process by which--and you may have explained this already, what
is the process? Because I know what would have happened to Ray
Rice had he tested positive for marijuana. I know what would
have happened to Ray Rice had he tested positive for steroids
or an amphetamine or epinephrine, had he taken Sudafed at the
wrong time without a doctor's note. I know what would have
happened if he would have done any of those things.
Is this a completely arbitrary process where the
Commissioner assigns punishment based on how he feels, or is
there a set model in place for what an action equals, an
admitted action, because this is not an instance where there
was a dispute? Mr. Rice fully admitted to what he did and
actually described it to an extent that you said here today you
didn't need to see the video to know how bad it was. What is
the criteria that they use to determine the punishment?
Mr. Vincent. Senator, we failed to impose the proper
discipline on Ray Rice.
Senator Rubio. But I guess my question is, how do we
measure? I wanted to know what is the process in place moving
forward, I suppose, as well. But at the time, what was the
process if someone came forward, admitted what we saw on the
video, that they had punched their fiancee in the face in an
elevator, by what measure did the Commissioner decide how to
impose a punishment? Why 3 games instead of 10? Why six games
instead of a full year? Was it fully just arbitrary, or was
there something he looked to as a measuring stick?
Mr. Vincent. No. I would say he actually looked back to
some of the past cases. And when he's actually tried to impose
discipline, harsher discipline in the past, it was appealed and
knocked down. And I think that shows the severity of what we
know about these crimes. He went back, and typically----
Senator Rubio. Appealed to an arbitrator?
Mr. Vincent. The Players Association appealed that offense,
and the discipline that was handed out in the past was appealed
and knocked down.
Senator Rubio. So your testimony is that if a player comes
forward and says to the league, I just punched my fiancee in
the face and knocked her out, and the Commissioner decides, I'm
going to suspend you for a year, the players' union will file
an appeal against that decision, because one year is too long
for someone that just punched their fiancee in the face and
admitted to it?
Mr. Vincent. The Players Association has that ability.
Senator Rubio. And they've been successful?
Mr. Vincent. That's one of our--that's where we have our
challenge here. Yes, sir.
Senator Rubio. What is the criteria now?
Mr. Vincent. That's what we're developing. The Commissioner
right now has the ability to either impose or designate an
individual to see the case, to hear the case. Right now,
understanding and learning the complexities that are associated
with it, it has been talked earlier about having internal
investigations or parallel investigations with law enforcement,
but we're looking at, again, severe discipline. Our August 28
letter to both the owners and also the players, the
Commissioner spelled out very clearly, first offense, a minimum
of six games. Aggravating factors gives him or his designee the
ability to impose more severe punishment.
Senator Rubio. My time is up.
Senator McCaskill. Thank you. Thank you very much. First, I
wanted to comment before I didn't get a chance. I've never seen
so many women representing major league sports, professional
sports in this country, at a moment of high profile importance
for the leagues, and I think it's a good thing. I think it's
terrific. And I would tell all of you to go back to the
organizations you represent and say that you need to be at the
table more often, not less often. But I don't think I ever
recall seeing this many women representing professional sports
at a moment like this in our country's history, so I wanted to
make note of that.
First, I had a question to the National Hockey League. In
reading about the suspension of the player that occurred
recently, I think he's a defenseman for the Kings, and I won't
try to pronounce his name, I noticed in the article that the
team was complaining, because his salary was going to continue
to count against the salary cap while he was punished. I found
that interesting, because it creates a financial incentive for
the team to not punish.
So my question to you, yes or no, does the league favor
removing a salary counting against the salary cap during a time
of suspension?
Ms. Berman. Initially, when the suspension was imposed, it
was determined by the League Office that the suspension should
be with pay. So while the team continued to pay the player,
that money counted against the team's salary cap. Subsequently,
we reached an agreement with the union to change the treatment
for the team's perspective with a host of conditions, so that
it's no longer counting against the cap.
Senator McCaskill. So are you saying, and is this true with
all of you that have caps, that when someone is suspended for
misconduct with pay, that that pay counts against the salary
cap, so the team is, in fact, being financially punished for
doing the right thing?
Ms. Berman. Well, this wasn't discipline that was imposed
by the team, with all due respect. It was imposed by the
League. So the team doesn't have an incentive one way or the
other to act or not act, because we handled it.
Senator McCaskill. But the team could impose it, and
wouldn't it still count against their salary cap?
Ms. Berman. Only if they were choosing to pay the player
during the discipline.
Senator McCaskill. OK. Well, is that true with the other
leagues? If someone is suspended with pay, does that count
against salary caps?
Mr. Vincent. Yes, Senator. We just had our last two, when
we look at the Adrian Peterson and the Greg Hardy, when they
were put on the Commissioner's exempt list, the team was
penalized. There's a salary cap. Why they were, it's an example
of paid leave. So the team is actually being punished, because
that is a cap hit.
Senator McCaskill. OK. Well, I think you all ought to look
at that. I think you need to remove every disincentive there is
to punish players who have had bad conduct. And, you know, if a
team is going to have that money count against the salary cap
even when the player is not playing, then that's going to weigh
in favor of a much shorter suspension for the team-imposed
discipline. So I'll follow up with QFRs on that.
Do any of you have a process in place now to independently
investigate the facts?
Ms. Behrens. Yes, Senator. I'll answer that question. I
think as we talked about with our recent case involving the
player, Jeffrey Taylor, we immediately commenced an independent
investigation, retained two outside counsel, including two
former prosecutors, one of whom had extensive history in
dealing with domestic violence.
Senator McCaskill. OK. Yes for the NBA. NHL, do you have an
independent process to investigate the facts?
Ms. Berman. Under the CBA, we do, yes.
Senator McCaskill. Your own investigators.
Ms. Berman. Correct.
Senator McCaskill. They're pulling records, they're pulling
911 tapes, all of that?
Ms. Berman. Yes. We have an internal process for conducting
investigations on all misconduct. Yes.
Senator McCaskill. And Mr. Torre, by the way, I can't let
the hearing be over. I don't know if they put you here, because
they know how much all of us in St. Louis adore you. But as you
noticed----
Mr. Torre. I was fired.
Senator McCaskill. Well, that always happens, right? After
you leave, the affection, you know, it resurfaces, right? But I
wanted to get that in.
Mr. Torre. Thank you.
Senator McCaskill. As a huge Cardinal fan, you are an
important part of our organization in many different ways. So
does MLB yet have an independent investigation process?
Mr. Torre. Yes, we do. It's not my department, but we do
have a department of investigation.
Senator McCaskill. OK. I would like to know what happened
on the investigation on the Rodriguez case. I would like to
know what the outcome of that investigation was. I would like
to know if they ever asked Mr. Rodriguez if he paid the plane
ticket for the victim and the witness to go back to Venezuela.
Mr. Torre. I'd have to get that information.
Senator McCaskill. Thank you. And does the NFL have its own
independent investigation?
Mr. Vincent. Yes, ma'am. We do so with our security
department, our internal security department.
Senator McCaskill. How many of you, yes or no, have an
independent program for just wives and significant others where
the players are not allowed to attend, whether it is a
confidential, here are the issues you're going to face, here
are phone numbers you can call if you're in financial stress,
here are phone numbers you can call if you've been abused, here
are places you can go for help, how many of you have an
independent program like that for spouses and significant
others?
Mr. Vincent. Yes, we do in the NFL.
Senator McCaskill. NFL?
Mr. Vincent. Yes.
Senator McCaskill. MLB?
Mr. Torre. Some teams have them. Uniformly, we don't all
have them, but it's something with that we're developing at
this point.
Senator McCaskill. Looking at. OK. I'll follow up with more
questions on that, because I want to make sure you get it.
Mr. Torre. Sure.
Senator McCaskill. Yes?
Ms. Behrens. Yes. I think as Michele Roberts explained
earlier, we, with the Players Association, have been meeting
with our family organizations to determine the best ways that
we can provide resources for them going forward.
Senator McCaskill. But you don't have an independent one
now?
Ms. Behrens. We don't currently, no.
Senator McCaskill. OK. Because in some of the articles I
read, the women were saying, ``There was no place for us to go.
The teams weren't calling us. The teams weren't reaching out to
us. It was all about the players.'' And what about NHL?
Ms. Berman. Our program extends to the players' families.
And historically, our program doctors have been accessed by
players' spouses and significant others.
Senator McCaskill. But do you have an independent program?
For example, for initiation into the league, when someone
comes, is there an independent program for the spouse of the
player?
Ms. Berman. To the extent they exist, I think they would
exist at the team level. There isn't one that's League-wide.
Senator McCaskill. I would like to have your league look at
whether or not there should be a policy that that's required.
What about mandating reporting to law enforcement? Do any of
you have a policy at the league level that a coach is required,
or an assistant, any team personnel is required, if they learn
of conduct by a player that is illegal in terms of a felony
assault or any kind of assault, that you are required to report
that to law enforcement?
Mr. Vincent. Yes, ma'am. We have that in place.
Senator McCaskill. So right now, if a player calls his
coach and says, you know, I was drunk, got in a fight with my
wife, popped her in the face, I've just left the house, she's
called 911, when he calls that coach, under the NFL policy, is
that coach then required to pick up the phone and call the
police?
Mr. Vincent. That coach is required to do so. Yes, ma'am.
Senator McCaskill. OK. And has a coach ever failed to do
that? How long have you had that policy?
Mr. Vincent. It has been in place for some time now. I
can't tell you the number of years, but he is required to call.
Senator McCaskill. OK. Well, I'd like to know how many
times coaches have called. That's a question I'll have for the
record. And I don't have time to ask all of you that, but I
will for the record. And I think you get my drift. You all
can--and listen, I think all of you are terrific people and
want to do the right thing, but you've got to understand that
the status quo is not acceptable, that turning the other way
and thinking that this problem is being handled by these
players and their families out of the light, many, many, many
families are suffering, and I think you all know that in your
hearts.
So I'm going to keep following up. There will be more
accountability in the future. And I'll have a number of
questions for the record. And thank you all very much for being
here. I'll turn the hearing over to Mr. Rubio for more
questions.
If you finish your questions and Senator Rockefeller is not
here, you need to recess the hearing, because he is coming
back. No? Oh, no. So you can gavel out.
Senator Rubio. I just have two quick--I wanted to give Ms.
Patterson----
Senator McCaskill. And I am going to go vote now, so thank
you.
Senator Rubio [presiding]. And I won't keep you, though.
But I did want to give you, Ms. Patterson, the opportunity to
respond, because Mr. Vincent, in his answer to my question,
outlined the role the NFLPA has played in the past in defending
players accused of domestic violence or other infractions. What
is the NFLPA's role if a player --and so I wanted to lay the
groundwork in Mr. Rice's story. Mr. Rice came forward and
admitted to the facts to such an extent that we've heard here
today that the league didn't even need to see the video to know
what had happened, that in essence, they learned nothing new
from the video they didn't already know.
In a case like that, what is the NFLPA's role in supporting
the player, or what role do they play in that process?
Ms. Patterson. First of all, the players have the option to
have us in attendance if they have a meeting or a conversation
with the Commissioner, so we support them in that way. If a
player chooses to grieve or appeal after a discipline has been
handed down, such as in the Ray Rice case, we do prepare that
appeal and represent the player on appeal.
I think it's worth noting for the record, under the
Personal Conduct Policy, that appeal goes back to the
Commissioner for his review of his own decision. So that is
what was different in the Ray Rice case, because we fought for
neutral arbitration.
Senator Rubio. So these instances in the past that Mr.
Vincent outline, the reality we're in, the past that--his
testimony today was that the Commissioner felt limited by the
punishment he could apply to Mr. Rice because of previous
instances where he had instituted a punishment, and it had been
successfully appealed. Who were those instances successfully
appealed to? Or maybe, Mr. Vincent, you know the cases that you
were referring to when you outlined that in your testimony.
Mr. Vincent. Well, yes. Well, the one that comes to mind is
the Brandon Marshall.
Senator Rubio. Which Brandon Marshall? Is it the instance
down in South Florida with his wife?
Mr. Vincent. Yes, sir. And the suspension that was imposed
was three games, and it was appealed and knocked down to two.
Senator Rubio. That suspension was appealed to an
independent arbitrator?
Mr. Vincent. Yes. No, back to the Commissioner.
Senator Rubio. So the Commissioner lowered his own
decision?
Mr. Vincent. Well, actually, it was appealed, the PA
appealed it, and the neutral--I'm sorry, in this particular
case a neutral arbitrator knocked it down to two games.
Senator Rubio. To two games from three. And so based on the
Brandon Marshall incident, which, as I recollect, was an
instance where his wife was actually arrested by law
enforcement authorities in that case, because he had been
stabbed in the stomach with the end of a bottle or something,
so my understanding is she was the one that had actually been
arrested in that case, although the facts now have turned out
to be something different, and he has clearly stated that she
was not at fault.
But in that case, the Commissioner's punishment was three
games, but on appeal from the NFLPA, an independent arbitrator
lowered it to two games. Do you know for a fact that that's the
instance that was on his mind when he settled on the suspension
for Mr.----
Mr. Vincent. I wasn't involved in the Ray Rice situation.
Senator Rubio. OK. What is it that the NFLPA looks at when
it makes these appeals? What are the grounds for an appeal? For
example, does the NFLPA have a criteria for where it thinks you
go too far in punishing a player because they punched their
fiancee in the face?
Ms. Patterson. We don't have criteria. Well, first, we have
to see what the player wants to do. And if the player wants to
appeal, no matter what our advice is, we have a duty to do so.
We represent him in that appeal, and we move forward.
In the Rice case, it wasn't a matter of the length of the
suspension. It was the arbitrariness of the second suspension.
We felt that Mr. Rice was in a double jeopardy situation at
that point, because there was no new evidence that had emerged.
So there are different grounds in each case. I hate to say that
it's case by case, but unfortunately----
Senator Rubio. No, no. I understand the distinction in the
Rice case in the sense that he had already received one
suspension, and then when the video came out and the world saw
what the Commissioner already knew, they added an additional
suspension, and the NFLPA argued you now have punished him
twice for the same thing that you already knew about. I
understand that.
My question is, moving forward, if, God forbid, tomorrow
morning we awaken to a new Ray Rice-type case, and a player
decides to appeal, I guess your argument is that at that point
the NFLPA has the same obligations as a lawyer would to a
client.
Ms. Patterson. That's correct.
Senator Rubio. To defend them irrespective of what its
personal views may be about their conduct.
Ms. Patterson. That's correct.
Senator Rubio. OK. And so what we don't have is established
precedent in which we know that at this point there is an
appropriate suspension that is unappealable. We don't have that
set yet. That's what you're working on now.
Mr. Vincent. Yes. Yes, sir.
Senator Rubio. OK.
Mr. Vincent. That's exactly what we're working on is
criteria, and the Commissioner spelled that out in his August
28 letter, a minimum, with aggravating factors that will allow
him to impose more harsh and severe discipline.
Ms. Patterson. Well, could I respond to that?
Senator Rubio. Yes, ma'am.
Ms. Patterson. I would just like to say, again, to some of
the earlier points, we'd like that policy to be collectively
bargained. I think one of the Senators said, you know, we know
what happens if a player has marijuana in his system, or we
know what happens if, you know, basically if there's a drug
policy violation. And this is one of the reasons why, because
there is inconsistency, because there is no standard, because
neither one of us can give you a criteria for what happens
next. That's why we believe this policy needs to be
collectively bargained.
Senator Rubio. I mean, again, I don't want to belabor the
point, but there are players that, because they've used
performance enhancing drugs, some instances involving cold
medicine that they took without documenting appropriately,
they're suspended for more games than Mr. Rice was. And that's
why I think the public looks at that and says, this doesn't
make a lot of sense to us.
But I do want you to know, and again, the NFL-centered
nature of it is because they're more familiar with the league
than I am or the operations of other leagues, I think that the
takeaway from today's hearing, to be clear, I think is going to
be talked about in the days to come. And for Mr. Vincent,
something I think the league is going to have to deal with is
the fact that your statement here today, that the Commissioner
didn't need to see the video, because he already knew what had
happened. I think that's going to be problematic moving
forward.
I know many of my colleagues are going to be concerned
about that statement as well, because I think some of the
perception early on was that--and I was under this perception,
that Mr. Rice had not been accurate and honest with the League
about what he had done. But in fact, today, the testimony has
been that League fully understood what he had done, because
there's nothing that we see in that video that he hadn't
already told people about. And despite that, the sentence that
was handed down or the punishment that was handed down was so
limited.
I know you've admitted to the fact today that--the league
admits, I should say--the punishment was not strong enough--but
I do think it's going to be problematic.
Mr. Vincent. Well, Senator, let me make sure I am firm, and
correct, and accurate on what I said. No one needed to see--
again, the Commissioner had stated he had not seen the second
video. He acknowledged his mistakes on not handing out the
proper discipline on the initial round.
Senator Rubio. Right. No, I understand. And I guess my
point on that is that your statement is he didn't needed to see
the video, because he already knew what had happened.
Mr. Vincent. That's my opinion.
Senator Rubio. Right.
Mr. Vincent. And I think that's the general public's
opinion.
Senator Rubio. OK. All right. Well, I appreciate all of you
being here today. I know it has been a long hearing. Do we have
a script for the comments after or questions or--just
basically.
The record will be open for two weeks.
And with that, the hearing is adjourned.
[Whereupon, at 4:55 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. John Walsh, U.S. Senator from Montana
I'd like to thank Chairman Rockefeller and Ranking Member Thune for
holding this important hearing.
I want to note that while this hearing will focus on domestic
violence in professional sports, the recent cases of domestic violence
committed by professional athletes are only the most visible examples
of a horrific problem that affects millions of Americans.
The CDC reports that almost one-third of women in the U.S. will be
physically abused by a partner in their lives. Women in Montana's
Indian Country face sexual assault rates more than double the national
average. This has to stop.
Domestic violence is a deep national stain that every segment of
our society must work to confront, prevent, and end.
That is why the often inadequate, inattentive, and inconsistent
responses to allegations of domestic violence are so troubling.
Domestic violence is a problem that we must work to proactively
confront as a nation.
We know that domestic violence is the most underreported crimes in
the U.S. Domestic violence survivors face losing their homes, their
privacy, and their livelihood if they come forward. The culture of
silence surrounding domestic violence, whether in the locker room or in
our communities, must end.
When I met with representatives of the Montana Coalition Against
Domestic and Sexual Violence in Glendive, Montana, I heard about the
barriers, whether it's our culture or a lack of resources, that stop
victims of domestic violence from coming forward. We need to provide
more transitional housing and more training for law enforcement,
counselors, and healthcare workers to make it easier for victims to
come forward.
But beyond reacting to domestic violence after it happens, we need
to change our culture through increased awareness and education to
prevent domestic violence from occurring. A key part of this is making
it clear that allegations of domestic violence, even against high-
profile perpetrators, will be treated with the respect and seriousness
that they deserve. Everyone and every organization needs to set an
example.
Thank you for holding this hearing today. I hope that this
increased attention results in sustained efforts, among all your
organizations, to reduce and prevent domestic violence. Thank you.
______
National Task Force to End Sexual and
Domestic Violence Against Women
December 9, 2014
Hon. John Rockefeller, Chair,
Hon. John Thune, Ranking Member,
Senate Committee on Commerce, Science, and Transportation,
Russell Senate Office Bldg. Room 254,
Washington, DC.
Dear Chairman Rockefeller and Ranking Member Thune:
Thank you for holding a hearing regarding Domestic Violence and
Professional Sports last week. The National Task Force to End Sexual
and Domestic Violence (``NTF''), comprised of national state and local
leadership organizations advocating on behalf of victims domestic
violence, dating violence, sexual assault and stalking, as well as
faith based, women's civil and human rights organizations, is pleased
to submit the enclosed letter for inclusion in the record of last
week's hearing, ``Addressing Domestic Violence in Professional
Sports.'' The letter has been signed by 240 organizations, including
national, state and local organizations representing over 40 states
(including both West Virginia and South Dakota), the District of
Columbia and Puerto Rico. It contains NTF's recommendations on priority
issues which should receive attention in terms of both hearings and
legislation, including the status of the NFL matter, the economic
impact of domestic and sexual violence in the workplace (and responses
that improve productivity and workforce stability), and employer best
practices and policies re: same.
We look forward to engaging with you on this important set of
issues both in this Congress and the next. Please contact Lisalyn R.
Jacobs who chairs our Economic Issues Subcommittee if we can assist you
in any way.
Sincerely,
The National Task Force to End Sexual
and Domestic Violence
______
National Task Force to End Sexual
and Domestic Violence Against Women
December 9, 2014
Dear Senator:
We write as members of the National Task Force to End Sexual and
Domestic Violence--domestic and sexual violence advocates, faith-based
and law enforcement groups, civil, human, and women's rights
organizations who represent millions of survivors of sexual and
domestic violence and stalking, and their advocates--with both requests
and reflections following two solid months of media coverage of a
number of high profile domestic and sexual violence incidents.
Twenty years of work to implement and improve the Violence Against
Women Act has left us well positioned to share the successes and
challenges that emerged as we responded to the unprecedented surge in
demand for services that followed the revelation of the second NFL tape
involving Ray Rice and then fiancee, Janay Palmer. Thus, we write to
request that the Congress hold hearings in furtherance of the national
discussion that has begun around the issues of sexual and domestic
violence, their impact on the economy, the economic lives of survivors,
and the necessity for workplace and other policies that address the
needs of battered and abused people and their families. Additionally,
we want to express our appreciation to the many members of Congress who
have called for the NFL to be held accountable, and we look forward to
continuing the dialogue on this issue.
An immediate consequence of the intense national focus on the NFL
is increased awareness in American society at large of the profound
impact of domestic and sexual violence in our lives in general and more
specifically, in the workplace. As the NFL continues to institute
reforms, we wish to point out that the NFL is but one employer. Its
workforce--at the player level--is disproportionately male. Domestic
and sexual violence as they manifest inside and outside the workplace,
however, are still experiences that are overwhelming borne by women (85
percent of survivors are women). Holding timely hearings would allow a
review of NFL's experience to gain insight into how employers who are
not adequately prepared can founder in responding to the workplace
impact of sexual and domestic violence.
We also call upon Congress to begin work on a Federal response to
the unacceptably high level of survivor job loss--as high as 50 percent
among survivors of sexual or domestic violence--that occurs when ill
prepared employers are reactive rather than proactive. Before one more
survivor is asked why they stayed, Congress must make it possible for
them to decide whether they wish to.
In the near term, we request two things:
(1) The holding of hearings as soon as is practicable to determine:
a. The status/progress of the NFL matter;
b. How to strengthen the economy and encourage employers to be
more proactive regarding domestic and sexual violence and
workplace while simultaneously increasing productivity and
safety in workplace; and
c. Best practices from employers and advocates, alike with respect
to improving economic security for survivors, and
accountability for perpetrators
(2) The swiftest possible introduction, mark-up and passage of
legislation designed to ensure that survivors have access to
the same baseline of workplace, and broader economic
protections regardless of where they live.
As it stands, some survivors have access to paid leave if they need
time off because they need to attend court, see a counselor, or attend
to injuries. Others have access to unemployment insurance if they need
to leave their jobs because of the violence. Still others have job
security afforded by laws that ban the firing of survivors because they
are survivors. Though all of these measures are needed to ensure that
survivors have the strongest set of options for moving forward, access
to these proven remedies varies drastically according to where
survivors live. It's time to afford all survivors the protections they
need regardless of zip code.
We look forward to working with our public officials and private
employers in the effort to enact policies, enforce the laws and ensure
safety and economic stability for all survivors.
Sincerely,
Legal Momentum
Chair, Subcommittee on Economic Issues
Nat'l Task Force to End Sexual & Domestic Viol.
National Organizations
9to5, National Association of Working Women
A Window Between Worlds
Alliance for a Just Society
American Association of University Women
American Federation of Government Employees: District 11 (OR. ID. WA.
CO, AK, MT, UT, WY)
Americans Overseas Domestic Violence Crisis Center
Boat People SOS
Casa de Esperanza: National Latin@ Network for Healthy Families and
Communities
Clearinghouse on Women's Issues
Communication Workers of America
Domestic Violence Legal Empowerment and Appeals Project
Exodus, Inc.
General Federation of Women's Clubs
Hadassah, The Women's Zionist Organization of America, Inc.
Institute for Family Violence Studies
Institute for Science and Human Values
Legal Momentum
Mothers of Lost Children
National Alliance to End Sexual Violence
National Center on Domestic and Sexual Violence
National Clearinghouse on Abuse in Later Life
National Coalition Against Domestic Violence
National Coalition of Anti-Violence Programs
National Conference of Puerto Rican Women
National Council of Jewish Women
National Crittenton Foundation
National Domestic Violence Hotline
National Organization of Women
National Partnership for Women and Families
National Resource Center on Domestic Violence
National Women's Political Caucus
Sargent Shriver National Center on Poverty Law
University of Miami Human Rights Clinic
Women of Color Network
Wider Opportunities for Women
Woodhull Sexual Freedom Alliance
YWCA USA
State & Local Organizations
Alaska
NOW: Alaska
Arizona
Arizona Coalition to End Sexual and Domestic Violence
Time Out Inc.
Arkansas
Arkansas Coalition Against Sexual Assault
Delta Crisis Center
Serenity Inc.
California
Asian Pacific Women's Center
Doves of Big Bear Valley
House of Ruth Inc.
Humboldt County Domestic Violence Coordinating Council
NOW: Contra Costa
NOW: Pacific Shore
One SAFE Place
Option House
Shelter from the Storm
Unfolding Flowers
Colorado
A Zen Life
Alternatives to Violence, Inc.
Archuleta County Victim Assistance Program
Help for Abused Partners
RESPONSE
SafeHouse Denver
Safehouse Progressive Alliance for Nonviolence
Connecticut
BH Care, Inc.
CT-ALIVE
KK Community Rebuilding
Meriden-Wallingford Chrysalis
District of Columbia
D.C. Rape Crisis Center
Florida
Christians Against Domestic Violence
Healing Grace
NOW: Brevard Chapter
NOW: Jacksonville
NOW: Florida
Women's Production Network
Georgia
The Blood Healing Services
Circle of Hope
Columbus Alliance for Battered Women, Inc. d/b/a Hope Harbour
Forsyth County Family Haven
Hospitality House, Inc.
North Georgia Counseling Education Center
Northwest Georgia Family Crisis Center
Polk County Women's Shelter
Women Watch Afrika, Inc
Hawaii
Women Helping Women
Idaho
The Advocates
Idaho Coalition Against Domestic Violence
Illinois
A Safe Place
Crisis Center for South Suburbia
Christian Community Health Center
Family Resources
Illinois Coalition Against Domestic Violence
Mutual Ground, Inc.
NOW: Illinois
NOW: Quad Cities (also listed under IA)
Rape Victim Advocates
Indiana
Crisis Connection, Inc.
Indy Feminists
Latino Coalition Against Domestic & Social Violence
Noble House Ministries Inc.
Iowa
Center for Creative Justice
Crisis Intervention Services
Domestic Violence Intervention Program
Family Resources
Franciscan Peace Center
NOW: Quad Cities (also listed under IL)
Kansas
Domestic Violence Association of Central Kansas
Kentucky
Kentucky Coalition Against Domestic Violence
Spring Haven Domestic Violence Program
Maine
Family Crisis Services
Maryland
NOW: Maryland
SMR Counseling Services
Massachusetts
Casa Myrna Vasquez
Jane Doe Inc.
Lesley University Women's Center
Pathways for Change, Inc.
Michigan
EGV Teams Counseling
HAVEN
Michigan League for Public Policy
NOW: Wayne County
Shelter Inc.
The Venus Foundation
Minnesota
Bluff Country Family Resources
CADA of Waseca/Le Sueur County
NOW: Minnesota
Someplace Safe
Mississippi
MS Coalition Against Sexual Assault
Missouri
A Safe Place
Audrain County Crisis Intervention Services
Agape House Inc. of Mountain View
Christos House Inc.
NOW: Columbia
Safe Connections
The Victim Center
Nebraska
Center for Sexual Assault and Domestic Violence Survivors
New Hampshire
New Hampshire Coalition Against Domestic and Sexual Violence
New Jersey
Manavi
My Sisters Lighthouse
New Jersey Assoc. on Correction
New Jersey Coalition for Battered Women
NOW: Middlesex County
NOW: Morris County
NOW: New Jersey
NOW: Northern New Jersey
NOW: South Jersey
New Mexico
Alternatives to Violence
Family Crisis Center
Grammy's House
New Mexico Coalition Against Domestic Violence
New Mexico Coalition of Sexual Assault Programs
NOW: Albuquerque
NOW: New Mexico
NOW: Santa Fe
Rape Crisis Center of Central New Mexico
S.A.F.E. House
New York
Advocacy Center
Hope's Door
The Fortune Society
NOW: East End
New York State Coalition Against Sexual Assault
Northern Manhattan Improvement Corporation
The Safe Center LI, Inc.
Women and Work
VCS Inc.
Violence Intervention Program
North Carolina
Be Healthy Ministries
Durham Crisis Response Center
Family Services Inc.
Family Services of Davidson County, Inc.
Guilford County Family Justice Center
Mending Hearts
NOW: Fayetteville
NC Coalition Against Sexual Assault
REACH of Cherokee County, Inc.
Sarah's Refuge Inc.
The Sparrow's House of Yadkin
Ohio
ACTION OHIO Coalition For Battered Women
Alternatives to Violence Center
Cleveland Rape Crisis Center
Community Services of Stark Co.
Ohio Guidestone/Harbor House
Haven of Hope
Ohio Alliance to End Sexual Violence
Project Women
Rape Crisis Domestic Violence Safe Haven
SAAFE Center
Southern Ohio Sexual assault Treatment Center
Tri-County Help Center, Inc. (Belmont/Harrison/Monroe Counties)
Turning Point
Oklahoma
Safenet Services Domestic Violence Shelter
United Nations Association of Oklahoma City
YWCA Oklahoma City
Oregon
Bradley Angle
Community Works
Project DOVE
Tillamook County Women's Resource Center
Women's Safety & Resource Center
Pennsylvania
Alle-Kiski Area HOPE Center, Inc.
KenCrest
NOW: First Pittsburgh
NOW: Ni-ta-nee
PathWays PA
Pennsylvania Coalition Against Domestic Violence
Pennsylvania Coalition Against Rape
Roses Ministry
Survivors, Inc.
Women's Center of Montgomery County
Women's Law Project
Women's Resource Center
South Dakota
South Dakota Coalition Ending Domestic and Sexual Violence
Tennessee
22.5 Degrees
CEASE Domestic Violence and Sexual Assault Inc.
Texas
Austin/Travis County Family Violence Task Force
Crisis Center of the Plains
Daya Inc.
Domestic Violence Protection, Inc..
Humboldt County Domestic Violence Coordinating Council
NOW: South Central Region
No More
Radio
SafePlace
Women's Center of Brazoria County
Rhode Island
NOW: Rhode Island
Vermont
Project Against Violent Encounters
Safeline Inc.
Vermont Network Against Domestic and Sexual Violence
Virginia
Beth El House
Charlottesville/Blue Ridge AAF
NOW: Charlottesville
NOW: Northern Virginia
York-Poquoson Victim-Witness Assistance Program
Washington
Christian Coalition for Safe Families
King County Re-entry Program
Legal Voice
McCready Remodeling
Pierce County Commission Against Domestic Violence
Truth Speaks
Washington Coalition of Sexual Assault Programs
Washington State Coalition Against Domestic Violence
Women of Vision
West Virginia
Tug Valley Recovery Shelter
West Virginia Coalition Against Domestic Violence
West Virginia Foundation for Rape Information and Services
Wisconsin
Community Referral Agency (Polk, Barron Burnett Counties)
Forge Inc.
University of Wisconsin, Madison: Women's Resource Center
Wisconsin Coalition Against Sexual Assault
Wyoming
SAFE Project
Trial Coalitions/Programs
Seven Dancers Coalition
Tohono O'odham Nation Domestic Violence Program
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Troy Vincent
Question 1. The New York Times recently reported on special
treatment that NFL players receive from law enforcement when they are
accused and even arrested for domestic violence. The November 16
article reported that teams form cozy relationships with the local
police, often employ off-duty officers, and give them special perks.
According to the article, teams will work with law enforcement in order
to minimize publicity and the negative impact on players. In one case,
a player arrested for domestic violence was actually escorted by police
back to the residence of the woman he assaulted. This is unbelievable.
Question 1a. Do your teams employ or otherwise provide financial
benefits to off-duty police officers? If so, please give me the
percentage of your teams that do so.
Answer. Yes, virtually all, if not all, of the 32 NFL clubs employ
on and off-duty police officers to provide security at stadiums,
training facilities, hotels, and events. Such events include games,
owners meetings, the Draft, Super Bowl, Pro Bowl, and Hall of Fame
Game. These employment relationships often are through third parties.
For example, the Chicago Bears through SMG, a leading venue management
and marketing firm, pay Monterey Security to secure the public access
gates at Soldier Field on game day. Monterey, a third-party security
consultant, employs dozens of off-duty police officers and sheriff's
deputies from multiple jurisdictions to service the contract. In
addition, in almost all cases, clubs reimburse local and state
governments for law-enforcement services provided on game day.
Question 1b. Will you adopt a league-wide policy that prohibits
such employment in order to avoid special, lenient treatment for
players that run afoul of the law, including domestic violence
incidents?
Answer. The League values and relies on the commitment, dedication,
and service of law enforcement to maintain the safety and security of
our fans, our players, and the game. In our view, a league-wide policy
that prohibits the employment of law enforcement officials would
unnecessarily compromise and undermine vital protections. Law
enforcement personnel serve a valuable role within our clubs, and their
presence has helped to anticipate and prevent potentially dangerous
situations and misconduct.
Question 2. Mr. Vincent, you testified about the steps that the NFL
is taking to prevent and respond to incidents of domestic violence,
child abuse, and sexual assault. While I applaud the league for those
steps, it seems like those steps, and the NFL's Personal Conduct Policy
generally, are primarily focused on players. Nothing has been said
about what happens to league and teams officials who play a role in
these bad acts, such as conducting cover-ups. For example, Mrs. Janay
Rice has alleged that the Baltimore Ravens organization scripted her
press conference, and they suggested that she apologize for her role in
her husband's assault on her. If true, I find that outrageous.
Question 2a. Are league and team officials also held accountable?
Does the Personal Conduct Policy cover the examples given?
Answer. The NFL's Personal Conduct Policy (PCP) establishes clear
standards of behavior that apply to all NFL personnel. This includes
the Commissioner, owners, coaches, and players, as well as all League
and team employees and officials. In addition, a key element of the new
PCP is the clear emphasis on reporting obligations for all NFL
personnel, including League and club management. Under the PCP, clubs
are obligated to promptly report any potential violation of the Policy
that comes to their attention and must fully cooperate with any related
law enforcement and/or NFL investigation. Failure to report an incident
is grounds for disciplinary action.
Question 2b. What is the league doing to respond to Mrs. Rice's
statement that the Ravens organization very inappropriately suggested
that she apologize?
Answer. The Baltimore Ravens publicly have stated that at no time
prior to Ray and Janay Rice's May 23rd press conference did the club
provide talking points, a script, or a suggested script to Janay or
speak with her about the press conference. The Ravens also have said
that no one in the organization recommended or suggested to Ray or
Janay that she apologize in any way.
The League's new PCP sets out a clear series of steps to be taken
when there is an incident that may constitute a violation of the PCP.
These steps are intended to encourage reporting of misconduct and to
prevent any retaliation against anyone who reports or was a victim of
or witness to misconduct. The Policy also is intended to ensure that
victims and families receive needed assistance, including the provision
of or referral to appropriate counseling, social and other services,
clergy, medical professionals, and specialists in dealing with children
and youth. These resources will be provided through specialized
Critical Response Teams affiliated with the League office and with
member clubs, and non-League resources will be made known to all
involved.
______
Response to Written Questions Submitted by Hon. Barbara Boxer to
Troy Vincent
Question 1. The entire nation was shocked by the video of a
football player knocking his fiance unconscious in a hotel elevator and
honestly I don't believe that anyone who saw that video will ever
forget it--the punch and the dragging of a woman flopping like a rag
doll on the cold hard floor.
Unfortunately this was not an isolated case: There have been 83
arrests of NFL players for domestic violence reported since 2000. In
fact, 48 percent of all violent crime arrests for NFL players are for
domestic violence.
We know this is not just a problem for the NFL. We have seen too
many other horrific acts of violence perpetrated by professional
athletes in the NBA, the NHL and in Major League Baseball.
We know that domestic violence is a problem that plagues our
society as a whole--and we know that it is time for all of us to act to
address this epidemic.
So I have some questions that I want to ask all of the sports
leagues that are represented here today:
Question 1a. We know that, tragically, most cases of domestic
violence go unreported. How many allegations of domestic violence has
your league received in the last decade?
Answer. During the 10-year period between 2004 and 2013, the NFL
has reviewed 92 domestic violence allegations involving players. In 51
of these cases, we were able to establish a violation of the PCP. The
League issued 25 suspensions and 12 fines. The remaining violations
were punished by other means, including one player who was issued a
formal reprimand, or the players already had their contracts terminated
prior to the imposition of discipline.
Question 2. As representatives of our professional sports leagues,
you have the unique opportunity to lead the way--and do good for the
entire nation--by preventing these crimes and setting an example when a
crime occurs.
I believe there are three things you can do immediately:
The first is prevention. We need to stop these horrendous acts
of violence before they happen. To do that, you need to act now
by educating your players, employees, and their families that
domestic violence is unacceptable and will not be tolerated. .
This education, or call it counseling or call it life coaching,
is absolutely critical to prevent violence.
Second, you need to create a real zero-tolerance policy for
domestic violence.
Earlier this year, I led a bipartisan group of 16 Senate women
urging National Football League Commissioner Roger Goodell to
institute a zero-tolerance policy for domestic violence.
It is up to ALL of our professional sports leagues to send that
message to their players--that if they can't meet that
standard, then they shouldn't be wearing the uniform. Why do I
say that? Because like it or not, here is a fact--players are
role models for our children.
Finally, you need to ensure that the victims of domestic
violence are encouraged to report these crimes and immediately
given an independent advocate who will fight for them every
step of the way.
That means contracting with well-respected non-profit domestic
violence organizations that are right there in the community.
I am proud that, in California at my urging, the University of
California and the Cal State Universities have agreed to do this
voluntarily.
I believe this same model should be used by all of you.
It is critical that our professional sports teams put the victim's
needs at the center of their policies.
Question 2a. Will your organization commit to establishing a
domestic violence prevention program that includes rigorous and
mandatory training for all players, coaches, personnel--and their
families?
Answer. Yes. The NFL has established a domestic violence prevention
program that includes mandatory education and training for all NFL
personnel. This mandatory education already has been presented to team
owners, club executives, and all of the teams--with all personnel,
coaches and players required to attend. This education also was made
available to families and significant others.
In addition, over the course of the next several months, the League
will provide specialized training in the off season for appropriate
personnel to identify those at risk and provide prompt and confidential
counseling and other intervention. These ``first responders'' work most
closely with players and staff and include athletic trainers, player
engagement directors, chaplains, and human resources executives.
Moreover, the League is developing Critical Response Teams of experts
who can respond swiftly to address issues when victims or perpetrators
are identified or come forward. The League also will develop and
implement ongoing programs of education for all team and League
employees--players, non-players, and families.
Question 2b. Will your organization commit to a zero tolerance
policy that makes it loud and clear that domestic violence is wrong,
and will not be tolerated?
Answer. The NFL has implemented a no-tolerance policy that makes it
clear and explicit that domestic violence is wrong, illegal, and will
not be tolerated under any circumstances. The revised PCP was developed
after an extensive series of meetings and discussions with a wide range
of experts, including domestic violence/sexual assault experts and
advocates. Under the policy, individuals who engage in unacceptable
behavior, such as domestic violence, will face strong sanctions,
including banishment from the League. However, leading domestic
violence experts uniformly have advised the League not to adopt a
``one-strike-and-you-are-out'' policy. They have warned that such a
policy may have dire, unintended consequences, discouraging reporting
and driving family violence underground. Such an outcome can put
victims and survivors at greater risk of abuse, rather than encouraging
them to seek assistance and support, and eliminates the League's
ability to mandate appropriate interventions, like counseling, that can
be effective in preventing future violence.
Question 2c. Will your organization commit to providing every
victim with an independent advocate who will provide them the support
that they need?
Answer. The NFL is committed to providing victims with an
independent advocate who will provide support. The League will assist
victims and families, including by providing or directing victims to
confidential counseling, social and other support services, medical
professionals, and other child and youth specialists. These resources
will be provided through Critical Response Teams of experts affiliated
with the League office and member clubs. The response teams will assist
victims and families in matters of personal security and other needs
following a reported incident. In addition, information about local
non-League resources to help victims and families will be provided to
affected parties.
Question 3. Medical researchers have determined that chronic
traumatic encephalopathy, or CTE, is caused by repeated head trauma and
can be brought on by helmet-to-helmet collisions and hard tackles or
head trauma. In a recent study of many retired football players'
brains, scientists found lesions in the part of the brain responsible
for emotions and self-control. Doctors state that damage to that part
of the brain may cause concussion victims to lose control over anger
and other emotions, and there have been reports that many former
players who have no history of domestic violence apparently become
dangerous to their families as they suffer from CTE.
It seems to me that the league has a tendency to ignore problematic
systemic issues until it's too late. The NFL should take a close look
at whether football-related head injuries contribute to the
extraordinary amount of domestic violence incidents in the NFL.
Question 3a. Has the NFL made any effort to understand the
connection between Traumatic Brain Injury and chronic traumatic
encephalopathy and violence in the home?
Answer. The problem of family violence is a broad societal issue
and, to my knowledge, the scientific community has not established a
causal relationship between an individual's sustaining a traumatic
brain injury and committing violence in the home. The NFL has taken a
number of steps to improve its response to incidents of domestic
violence and child abuse, to prevent such incidents, and to support
survivors when incidents do occur, as I discussed in my testimony and
as set out in the PCP.
Separately, the League is working to address the serious issue of
traumatic brain injury. We are working with our partners in government
and the private sector to make large-scale investments and to drive an
ambitious scientific research agenda around brain injuries. This work
is designed to advance our understanding of the brain and long-term
neurodegenerative disease, as well as to catalyze development in the
diagnosis, prognosis, and prevention of brain injury in sports,
military environments, and throughout society.
The NFL is supporting two primary research projects to achieve
these goals:
Foundation for the National Institutes of Health: In 2012, the
NFL announced its single-largest donation to any organization
in the league's 92-year history: a $30 million grant to the
Foundation for the National Institutes of Health (FNIH) for
research on brain injuries, especially among athletes and
veterans--creating the Sports and Health Research Program. The
NIH awarded $14 million in grants with this money in December
2013. The grants are supporting research to better
understanding chronic traumatic encephalopathy. The NIH is now
considering submissions for $16 million in grants announced by
the President in May 2014. These grants will fund longitudinal
studies to understand the long-term impacts of brain injury.
Head Health Initiative: In March 2013, the NFL formally
partnered with GE and Under Armour to launch the Head Health
Initiative, a four-year, $60 million collaboration designed to
benefit athletes, members of the military and the general
public by developing new diagnostic equipment, further clinical
research and developing innovative diagnostic and preventative
solutions to brain injury.
The companies have allocated $20 million to the Head Health
Challenges. These global grant challenges have invited scientists,
entrepreneurs and other experts to propose innovative approaches to the
diagnosis, prognosis and prevention of brain injury. The remaining $40
million will fund the development of next-generation imaging
technologies to improve diagnosis and treatment of traumatic brain
injury. After winning grants through the challenges, researchers from
around the world are already hard at work on a wide variety of studies,
including improved algorithms for quantification of biomarkers of brain
injury severity, tools that link imaging data to clinical and cognitive
data, robust methods for triaging acute-stage events and developing
return-to-play guidelines using physiological, molecular, electrical or
physical changes in brain or body functions.
Correction
In addition to the above answers, I have reviewed the draft of the
transcript of the hearing and want to correct for the record my
response to the following question:
Senator McCaskill asked whether the NFL has a policy mandating that
coaches, or other team personnel, report a felony assault or any kind
of assault to law enforcement upon learning of such an incident.
I incorrectly stated that the League has in place a policy
requiring clubs to report to law enforcement. The League's policy
requires teams to report any potential violations of the PCP to the
League Office, as described above. In addition, clubs routinely
cooperate with law enforcement when employees or players are accused of
any criminal conduct.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Teri Patterson
Question 1. It's my understanding that only the NFL can promulgate
uniform rules and policies to address domestic violence without
reopening its collective bargaining agreement with the players unions.
Question 1a. For the others, can you please tell me where you are
in negotiating new uniform policies to address domestic violence?
Question 1b. Does management and the unions see eye-to-eye on the
major elements of a uniform policy, such as strong penalties and
effective education and outreach?
Answer. The NFLPA was instructed by staff to only address and
answer Question 1b. The NFL issues the discipline of players for
violations of workplace rules governing conduct detrimental to the
League, including domestic violence. The NFLPA supports discipline that
is based on a fair, consistent, transparent process that ensures that
such discipline is based upon established facts. The NFLPA believes
that implementation of education and outreach programs that promote
awareness and hopefully prevent incidents of domestic violence are key
to an effective policy, and our communications with the NFL suggest
that they also support education and outreach.
______
Response to Written Questions Submitted by Hon. John Thune to
Teri Patterson
Question 1. Chronic traumatic encephalopathy (CTE) is a progressive
degenerative brain disease often found in individuals with a history of
concussions or other forms of head injury. It is commonly associated
with athletes that participate in contact sports, including football.
Symptoms of CTE include, among other things, aggression, confusion and
depression. Some observers speculate that a relationship exists between
CTE and domestic violence. Anecdotal evidence in support of this
hypothesis includes the case of former NFL linebacker Junior Seau, who
was arrested on domestic violence charges after his retirement and who
was diagnosed, post mortem, with CTE. Other former professional
football players that have been linked to violent incidents, including
domestic violence, are Chris Henry, Lou Creekmur, and Mike Webster--all
of whom have been diagnosed, post mortem, with CTE.
Does the NFLPA have reason to believe that a link exists between
traumatic brain injury, including CTE, and violent behavior, both on
and off the field and including domestic violence? If so, what steps
can the NFLPA take to ensure that current and former players and their
families are protected in this regard?
Answer. The NFLPA takes domestic violence very seriously and
understands that diagnosing brain disease is very complex. Medical care
for NFL players is the non-delegable responsibility of the NFL Clubs
(the employers). The NFLPA monitors this care extremely closely to
ensure that any deviations from quality care are addressed. The NFLPA
has external medical advisors and experts who follow the emerging
science regarding possible links between Traumatic Brain Injury (TBI)
and both CTE and violent behavior. The NFLPA's Mackey-White Health and
Safety Committee, comprised of the world's best scientists,
particularly in neurosciences (many of whom have published this
research), monitors these developments and advises the NFLPA on both
the validity of the scientific observations, as well as the best means
to ameliorate exposure.
To that end, on-field policies governing the evaluation and
management of concussions include monitoring the players during games
(ATC spotters, Unaffiliated Neuro-Trauma Consultants (UNCs), mandated
sideline exams, emergency action plans, compliance check lists, etc);
carefully establishing evidence-based return to participation protocols
administered by independent neurological consultants (INCs).
Separately, the NFLPA meets with the NFL Competition Committee to
assure there are rule changes intended to decrease the magnitude and
frequency of potential concussive impacts. The CBA further mandates
that the frequency of exposure to concussions is decreased by
eliminating two-a-day contact practices and increasing the length of
the off-season. The NFLPA has also made significant investments in
medical research, most recently through a long term research
partnership with Harvard University, which seek to address these issues
and others surrounding player health, longevity and welfare.
Question 2. In an op-ed that appeared in the November 13, 2014
edition of the New York Times, NBA Commissioner Adam Silver called on
Congress to ``adopt a Federal framework that allows states to authorize
betting on professional sports, subject to strict regulatory
requirements and technological safeguards.'' What are the views of the
NFLPA on Commissioner Silver's proposal? Please explain your answer.
Answer. The NFLPA has no opinion on the views of Commissioner
Silver's proposal.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Joe Torre
Question 1. It's my understanding that only the NFL can promulgate
uniform rules and policies to address domestic violence without
reopening its collective bargaining agreement with the players unions.
Question 1a. For the others, can you please tell me where you are
in negotiating new uniform policies to address domestic violence?
Answer. As I stated in my written statement, Commissioner Selig has
instructed his staff to develop a stand-alone policy to address
domestic violence and sexual assault prior to the 2015 baseball season,
and we are in the process of developing stand-alone domestic violence,
sexual assault and child abuse policies that will apply to all members
of the Baseball community, including Major and Minor League players,
field staff, and front office staff.
With respect to the Major League players, we are in the process of
negotiating with the Major League Baseball Players Association
(``MLBPA'') to develop a joint policy that would cover all Major League
players. In this regard, we have been discussing with the Players
Association a plan to have Futures Without Violence (``FWV'') develop
education and training materials for all Major League players beginning
in 2015 Spring Training. We also hope to select a variety of
organizations to serve on a joint MLB-MLBPA steering committee that
will further the development of education and training materials for
players, staff and their families going forward. Further information on
the status of our negotiations with the Players Association over
discipline is set forth in Response to Question 1b below.
With respect to Minor League players, MLB is mandating that all
Clubs provide training to all of their Minor League players (as well as
their respective front office and field staffs). To accomplish this
effort, MLB has certified the following five independent organizations
(some of which have been utilized by Clubs in the past) that may be
utilized by Clubs to provide such training:
A Call To Men
The Center for the Study of Sport in Society at Northeastern
University
Futures Without Violence
Men Can Stop Rape
Mentors in Violence Prevention
By the end of the 2015 championship season, each of the 30 Clubs
must certify to the Commissioner's Office that it has engaged one or
more of these organizations to provide training to all of its front
office and field staffs, including all of its Minor League players. If
a Club would like to engage an organization not identified here to
provide such training the Club must receive the prior approval of MLB's
Domestic Violence Sexual Assault Response Team (``DVSART''), which is
comprised of members of the Labor Relations, Human Resources and
Investigations departments at the Commissioner's Office. Moreover, with
respect to Minor League players in the Dominican Republic, we are
considering the feasibility of hosting a centralized symposium in the
DR, which would satisfy the Clubs' obligations with respect to training
such players in 2015. For its part, the Commissioner's Office will
engage Sanctuary for Families and Safe Horizons in New York in order to
provide training, education, and outreach to the employees of the
Commissioner's Office, including Baseball Advanced Media, and the MLB
Network.
I also want to inform the Committee that MLB has begun working with
the Sand Creek Group to develop a universal Family Support Program for
everyone in the Baseball community. Sand Creek currently works with the
Commissioner's Office and a number of Clubs to provide independent
counseling resources on a confidential basis. Under this plan, Sand
Creek would provide a dedicated 24/7 hotline in English and Spanish for
addressing personal problems or crisis situations in the lives of all
employees and their household members. Any support provided by Sand
Creek under this plan would supplement, and not necessarily replace,
any existing Employee Assistance Programs the Clubs may already have in
place. We expect Sand Creek to help us develop programs at each Club
specifically designed to address the welfare of families and intimate
partners of players.
In addition to the foregoing, we will be posting informational
materials at Major and Minor League ballparks, and publicizing contact
information for local resources, including shelters, in every community
in which Major or Minor League Baseball is played. We also are
developing protocols that our Clubs must follow in response to domestic
violence or sexual assault incidents that will include appropriate
measures to ensure the safety of affected individuals, providing
confidential counseling and treatment for victims, and providing
counseling and intervention for perpetrators.
Question 1b. Does management and the unions see eye-to-eye on the
major elements of a uniform policy, such as strong penalties and
effective education and outreach?
Answer. Our efforts to establish effective education and outreach
are described in my Response to Question 1a above. With respect to
discipline, on September 25, 2014, MLB proposed revisions to its
disciplinary policy covering MLB players that would make it easier for
the Commissioner to impose an appropriate level of discipline on
players who commit acts of domestic violence or sexual assault, and
have that discipline be upheld in arbitration. As I mentioned in my
statement, MLB does not have the right to insist on any changes to
player discipline until its current collective bargaining agreement
with the MLBPA expires in December 2016. However, we are hopeful that
we will come to an agreement with the MLBPA prior to the start of next
season on a disciplinary policy specifically tailored to domestic
violence and sexual assault. Although the Players Association has not
formally responded as of the date of this response, the Players
Association has acknowledged that changes to the existing disciplinary
structure for domestic violence offenses may be necessary. The Players
Association also has assured us that we will receive a response with
the deliberate swiftness required given the complexities of the issues.
Question 2a. Do your teams employ or otherwise provide financial
benefits to off-duty police officers? If so, please give me the
percentage of your teams that do so.
Question 2b. Will you adopt a league-wide policy that prohibits
such employment in order to avoid special, lenient treatment for
players that run afoul of the law, including for domestic violence
incidents?
Answer. Most, if not all, Clubs employ off-duty police officers for
tasks like traffic control and ballpark security. The Commissioner's
Office retains off-duty police officers as Resident Security Agents
(``RSAs''), who are assigned to each Club. The RSAs are supervised by
the Commissioner's Office's Vice President of Security. When an RSA
reports that a player has had an incident with law enforcement, the
case is handled by MLB's Department of Investigations, which is an
independent department charged with conducting investigations of
misconduct and integrity violations committed by individuals associated
with MLB using full-time investigators employed by MLB. We believe that
the structure that we have established serves as a check against Club
personnel from attempting to intervene on the player's behalf with law
enforcement. At annual RSA meeting, we routinely discuss the importance
of avoiding conflicts of interest and emphasize the importance of
compliance with each RSA's own departmental rules. We also intend to
reiterate to the RSAs at their upcoming annual meeting that they are
prohibited from seeking special or preferential treatment for a player
who has been arrested for any reason.
______
Response to Written Questions Submitted by Hon. Barbara Boxer to
Joe Torre
Question 1a. We know that, tragically, most cases of domestic
violence go unreported. How many allegations of domestic violence has
your league received in the last decade?
Answer. It would be highly unusual for a player or a victim to
report an allegation of domestic violence to the Commissioner's Office.
In many instances, the media learns of an allegation before the Club or
the Commissioner's Office. Public sources indicate that approximately
sixteen players may have been accused of domestic violence over the
past ten years. These sources indicate that most of these players were
not charged, and, of those who were charged, it appears that the
prosecutors made the decision to drop the charges (for reasons that
were not disclosed to MLB).
As set forth in my written testimony, under MLB's current
disciplinary system, it is very difficult to discipline players based
on an arrest when the player is not convicted of a crime. Under a
``just cause'' standard, the Commissioner's Office is required to prove
a violation by a player at an evidentiary hearing before a neutral
arbitrator, which can be difficult in the absence of a conviction or
plea, or without cooperating witnesses or tangible evidence regarding
the conduct. In addition, our arbitrators in the past have been less
inclined to uphold severe discipline under a ``just cause'' standard
for off-field conduct that does not impact the player's ability to
perform. For these reasons, we have proposed to the Players Association
a disciplinary policy specifically tailored to address domestic
violence and sexual assault.
Question 2a. Will your organization commit to establishing a
domestic violence prevention program that includes rigorous and
mandatory training for all players, coaches, personnel--and their
families?
Answer. Major League Baseball has committed to establishing a
domestic violence prevention program that includes rigorous and
mandatory training for everyone in the Baseball community, including
players, coaches, personnel, and their families. We fully understand
that educating so many people from diverse backgrounds on an issue that
many of them have not previously considered is not an easy undertaking.
However, as more fully described in my responses to Chairman
Rockefeller's questions above, we intend to devote the time and the
resources necessary to accomplish just that.
Question 2b. Will your organization commit to a zero tolerance
policy that makes it loud and clear that domestic violence is wrong,
and will not be tolerated?
Answer. Commissioner Selig has instilled in our sport the
understanding that Major League Baseball is a social institution, and
as our national pastime, has an obligation to set a positive example.
The Commissioner and I deplore domestic violence and crimes against
women and families. Major League Baseball recognizes the very clear
public expectation for professional sports leagues to be leaders in
addressing this social ill. We are committed to developing a culture in
which the players implicitly understand their moral obligation as both
men and role models to speak out and act against crimes against women
and families.
Question 2c. Will your organization commit to providing every
victim with an independent advocate who will provide them the support
that they need?
Answer. Major League Baseball is committed to providing every
victim of domestic violence in its community with the resources
necessary to overcome this tragedy in their lives. As I described in my
responses to Chairman Rockefeller's questions, MLB has begun working
with the Sand Creek Group to develop a universal Family Support Program
for everyone in the Baseball community. In addition to the foregoing,
we will be posting informational materials at Major and Minor League
ballparks, and publicizing contact information for local resources,
including shelters, in every community in which Major or Minor League
Baseball is played. Through these resources we will ensure that every
victim has access to an independent advocate who will be able to
provide them with the support that they need.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Virginia Seitz
Question 1. It's my understanding that only the NFL can promulgate
uniform rules and policies to address domestic violence without
reopening its collective bargaining agreement with the players unions.
For the others, can you please tell me where you are in negotiating new
uniform policies to address domestic violence?
Answer. As we mentioned in our written statement, Major League
Baseball and the Major League Baseball Players Association already have
a policy in place that addresses domestic violence and provides for
both therapeutic intervention and the possibility of discipline for
just cause for inappropriate and/or illegal conduct. The existing
program gives medical professionals, with the concurrence of the
parties, wide latitude to design a treatment program to attempt to
rehabilitate, where necessary, Players who are charged with domestic
violence-related crimes. The existing program also gives the
Commissioner or the employer Club authority to impose discipline on a
Player under Article XII.B where an act of domestic violence is
alleged--subject to the critical ability of the Player and the union to
challenge (if they so choose) that discipline under the ``just cause''
standard before a neutral arbitrator. This program was implemented in
2011.
We recognize, however, that this may not be enough. Obviously, more
can be done with regard to education, for Players, for the families of
Players, for victims, and for all who are involved in or touched by our
sport. Consequently, starting this fall, we have been talking with MLB
about possible modifications or improvements to our current program,
focusing on three primary elements:
(1) An enhanced public relations program to promote an understanding
for, and an eradication of, domestic violence in our society;
(2) An improved education and therapeutic intervention program for
Major League Baseball Players and their families so that
potential issues can be addressed in an appropriate and
confidential manner before violence occurs; and,
(3) Possible changes to the existing disciplinary structure for
domestic violence offenses.
It was clear that we would not be able to improve our current
policy unless we better understood not only the issue of domestic
violence but the options that are available for a more comprehensive
and effective program. Consequently, over the course of this fall, the
Players Association has devoted an extraordinary amount of time and
effort consulting with a wide range of experts and groups in the
domestic violence area. We have met with both national and local groups
who are involved with the domestic violence issue both on the policy
and the treatment levels. We have interviewed practitioners and groups
with an eye towards providing additional education, training and
resources for the Players and their families in the months to come--
whether or not we agree with MLB on a new, comprehensive domestic
violence policy.
Based on those discussions, as well as a review of existing
programs in both the public and private sectors, we better appreciate
several key principles. First, our program must hold those who engage
in prohibited conduct--whether they are a player, a club official, or
an owner--accountable for what they have done. Second, how a person is
held accountable cannot result in the escalation of an already
dangerous situation into a lethal one or result in victims being
discouraged from coming forward. Third, given the reality that domestic
violence occurs in so many different forms and situations, there must
be a recognition that no one response that can safely and effectively
address every incident. And fourth, a program will be incomplete if it
focuses only on the offender and not on the needs and interests of
those who have been victimized.
This fall, we have had several discussions with Major League
Baseball about the issues noted above and additional meetings are
scheduled in the coming weeks. We believe we share with the league a
common goal of developing in the near future a comprehensive, fair, and
effective program for the entire family of baseball and one that, if
correctly implemented, may help others beyond our industry.
Question 1b. Does management and the unions see eye-to-eye on the
major elements of a uniform policy, such as strong penalties and
effective education and outreach?
Answer. We are confident that Major League Baseball shares our
appreciation of the complexity of this issue, its existence in all
elements of our society, and the need for a constructive and
comprehensive solution that addresses all of the challenges noted
above. This confidence stems from both the program that is already in
place and our ongoing discussion about how that program can and should
be improved.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Kathleen Behrens
Question 1. It's my understanding that only the NFL can promulgate
uniform rules and policies to address domestic violence without
reopening its collective bargaining agreement with the players unions.
Question 1a. For the others, can you please tell me where you are
in negotiating new uniform policies to address domestic violence?
Question 1b. Does management and the unions see eye-to-eye on the
major elements of a uniform policy, such as strong penalties and
effective education and outreach?
Answer. The NBA is committed to vigilance with respect to domestic
violence. We will continue to work closely with the Players Association
to provide education, awareness training, and appropriate resources to
NBA players and their families. We recognize our responsibility to do
all that we can to prevent this destructive and unacceptable conduct
from happening in the future.
Collective Bargaining Agreement: The Collective Bargaining
Agreement between the NBA and the Players Association (CBA) will expire
on June 30, 2021; however, both parties to the CBA have the option to
terminate it on June 30, 2017 by providing written notice to the other
party by December 15, 2016.
Education and Training: The NBA is committed to providing
substantial education and training programs with respect to family
violence issues.
1. In recent months, the NBA and the Players Association have worked
together to strengthen the league's education and training
programs, including:
a. Pursuant to the CBA, the NBA and Players Association conduct
Team Awareness Meetings each season with all players on
each NBA team, which cover selected topics determined
annually by the NBA and the Players Association. As part of
these Meetings, the NBA and the Players Association will be
conducting sessions for all players focused solely on
domestic violence and related issues during the 2014-15
season. These sessions, to be completed by mid-February of
2015, will be conducted by Ted Bunch, co-founder of A Call
to Men, a leading violence prevention organization
providing training and education for men, boys, and
communities, and Kalimah Johnson, founder of SASHA Center,
a Detroit-based healing and awareness center focusing on
sexual assault. We will be continuing this training going
forward.
b. We are working with the Players Association to set up a family
violence focused hotline that would be available to all
members of the NBA family. In addition, we are working with
the Players Association, as well as the organizations
representing players' spouses, mothers and fathers, to
develop a training and education program for players'
families.
2. In addition to the education and training set forth above, the
NBA has taken the following steps:
a. During the 2014-15 season, we are requiring all NBA teams to
conduct a live domestic violence awareness training session
for team executives who work most closely with their
players (i.e., Basketball Operations, Community Relations,
Public Relations, Player Development and Training staff
members). The NBA has contacted three outstanding
organizations to conduct these training sessions: Mentors
in Violence Prevention; Futures Without Violence; and Safe
Horizon. We will be continuing this training going forward.
b. In the process of taking a fresh look at our policies and
practices in the domestic violence area, the NBA has sought
guidance from experts in the field--including
representatives from the Corporate Alliance to End Partner
Violence, Men Can Stop Rape, Safe Horizon, Joyful Heart
Foundation, and the Institute on Domestic Violence in the
African American Community. We have also retained Valli
Kalei Kanuha, a Professor of Social Work at University of
Hawaii and well-known domestic violence expert, as a
consultant. We will continue to work with these individuals
and organizations, as well as others in the field, to
ensure that our programs and policies are comprehensive and
effective.
Question 2. The New York Times recently reported on special
treatment that NFL players receive from law enforcement when they are
accused and even arrested for domestic violence. The November 16
article reported that teams form cozy relationships with the local
police, often employ off-duty officers, and give them special perks.
According to the article, teams will work with law enforcement in order
to minimize publicity and the negative impact on players. In one case,
a player arrested for domestic violence was actually escorted by police
back to the residence of the woman he assaulted. This is unbelievable.
Question 2a. Do your teams employ or otherwise provide financial
benefits to off-duty police officers? If so, please give me the
percentage of your teams that do so.
Question 2b. Will you adopt a league-wide policy that prohibits
such employment in order to avoid special, lenient treatment for
players that run afoul of the law, including for domestic violence
incidents?
Answer. NBA players and team executives are high-profile members of
their local communities, and many such individuals are also in the
national spotlight. As such, they require appropriate physical security
in many situations, including at games, practices, team events, and
player appearances. In order to provide this necessary security, NBA
teams must employ competent and effective security professionals. Such
professionals can include both retired and off-duty law enforcement
officers.
______
Response to Written Questions Submitted by Hon. Barbara Boxer to
Kathleen Behrens
Question 1. The entire nation was shocked by the video of a
football player knocking his fiancee unconscious in a hotel elevator
and honestly I don't believe that anyone who saw that video will ever
forget it--the punch and the dragging of a woman flopping like a rag
doll on the cold hard floor.
Unfortunately this was not an isolated case: There have been 83
arrests of NFL players for domestic violence reported since 2000. In
fact, 48 percent of all violent crime arrests for NFL players are for
domestic violence.
We know this is not just a problem for the NFL. We have seen too
many other horrific acts of violence perpetrated by professional
athletes in the NBA, the NHL and in Major League Baseball.
We know that domestic violence is a problem that plagues our
society as a whole--and we know that it is time for all of us to act to
address this epidemic.
So I have some questions that I want to ask all of the sports
leagues that are represented here today:
Question 1a. We know that, tragically, most cases of domestic
violence go unreported. How many allegations of domestic violence has
your league received in the last decade?
Answer. Between 2004 and 2014, the NBA is aware of 17 instances in
which allegations of domestic violence were made against NBA players.
In 10 of those instances, criminal charges were never filed or were
dismissed. In 3 of the remaining instances, the players were permitted
by prosecutors to enter programs or agreements that resulted in the
charges ultimately being dismissed. In the final 4 instances, the
players were convicted of domestic violence misdemeanors. Two of these
players were suspended by the NBA--one for 7 games in 2007 and one for
24 games in 2014. (The remaining 2 players were no longer in the league
at the time of their convictions.)
Question 2. As representatives of our professional sports leagues,
you have the unique opportunity to lead the way--and do good for the
entire nation--by preventing these crimes and setting an example when a
crime occurs.
I believe there are three things you can do immediately:
The first is prevention. We need to stop these horrendous acts
of violence before they happen. To do that, you need to act now
by educating your players, employees, and their families that
domestic violence is unacceptable and will not be tolerated. .
This education, or call it counseling or call it life coaching,
is absolutely critical to prevent violence.
Second, you need to create a real zero-tolerance policy for
domestic violence.
Earlier this year, I led a bipartisan group of 16 Senate women
urging National Football League Commissioner Roger Goodell to
institute a zero-tolerance policy for domestic violence.
It is up to ALL of our professional sports leagues to send that
message to their players--that if they can't meet that
standard, then they shouldn't be wearing the uniform. Why do I
say that? Because like it or not, here is a fact--players are
role models for our children.
Finally, you need to ensure that the victims of domestic
violence are encouraged to report these crimes and immediately
given an independent advocate who will fight for them every
step of the way.
That means contracting with well-respected non-profit domestic
violence organizations that are right there in the community.
I am proud that, in California at my urging, the University of
California and the Cal State Universities have agreed to do this
voluntarily.
I believe this same model should be used by all of you.
It is critical that our professional sports teams put the victim's
needs at the center of their policies.
Question 2a. Will your organization commit to establishing a
domestic violence prevention program that includes rigorous and
mandatory training for all players, coaches, personnel--and their
families?
Answer. The NBA is committed to vigilance with respect to domestic
violence. We will continue to work closely with the Players Association
to provide education, awareness training, and appropriate resources to
NBA players and their families. We recognize our responsibility to do
all that we can to prevent this destructive and unacceptable conduct
from happening in the future.
Collective Bargaining Agreement: The Collective Bargaining
Agreement between the NBA and the Players Association (CBA) will expire
on June 30, 2021; however, both parties to the CBA have the option to
terminate it on June 30, 2017 by providing written notice to the other
party by December 15, 2016.
Education and Training: The NBA is committed to providing
substantial education and training programs with respect to family
violence issues.
1. In recent months, the NBA and the Players Association have worked
together to strengthen the league's education and training
programs, including:
a. Pursuant to the CBA, the NBA and Players Association conduct
Team Awareness Meetings each season with all players on
each NBA team, which cover selected topics determined
annually by the NBA and the Players Association. As part of
these Meetings, the NBA and the Players Association will be
conducting sessions for all players focused solely on
domestic violence and related issues during the 2014-15
season. These sessions, to be completed by mid-February of
2015, will be conducted by Ted Bunch, co-founder of A Call
to Men, a leading violence prevention organization
providing training and education for men, boys, and
communities, and Kalimah Johnson, founder of SASHA Center,
a Detroit-based healing and awareness center focusing on
sexual assault. We will be continuing this training going
forward.
b. We are working with the Players Association to set up a family
violence focused hotline that would be available to all
members of the NBA family. In addition, we are working with
the Players Association, as well as the organizations
representing players' spouses, mothers and fathers, to
develop a training and education program for players'
families.
2. In addition to the education and training set forth above, the
NBA has taken the following steps:
a. During the 2014-15 season, we are requiring all NBA teams to
conduct a live domestic violence awareness training session
for team executives who work most closely with their
players (i.e., Basketball Operations, Community Relations,
Public Relations, Player Development and Training staff
members). The NBA has contacted three outstanding
organizations to conduct these training sessions: Mentors
in Violence Prevention; Futures Without Violence; and Safe
Horizon. We will be continuing this training going forward.
b. In the process of taking a fresh look at our policies and
practices in the domestic violence area, the NBA has sought
guidance from experts in the field--including
representatives from the Corporate Alliance to End Partner
Violence, Men Can Stop Rape, Safe Horizon, Joyful Heart
Foundation, and the Institute on Domestic Violence in the
African American Community. We have also retained Valli
Kalei Kanuha, a Professor of Social Work at University of
Hawaii and well-known domestic violence expert, as a
consultant. We will continue to work with these individuals
and organizations, as well as others in the field, to
ensure that our programs and policies are comprehensive and
effective.
Question 2b. Will your organization commit to a zero tolerance
policy that makes it loud and clear that domestic violence is wrong,
and will not be tolerated?
Answer. Domestic violence is a serious societal issue that is
antithetical to any community or organization that prides itself on the
values of respect for others, good moral character, and common decency.
These values are central to the NBA, and domestic violence is an issue
that we are committed to handling with the proper significance and
attention through a comprehensive, thoughtful and constructive set of
policies (which includes education, counseling and the imposition of
appropriate discipline).
As we did with Charlotte Hornets' player Jeff Taylor earlier this
year, the NBA will respond to allegations of domestic violence and
similar offenses with an independent investigation. (Mr. Taylor was
suspended by the NBA for 24 games in November after an independent
investigation, and Commissioner Silver's opinion setting forth the
basis for this discipline has already been provided to the Committee.)
Upon the conclusion of any such investigation, the NBA will determine
the facts of the conduct at issue and impose discipline, if any is
appropriate, based on those facts, and in consultation with appropriate
NBA staff members and experts in the field of domestic/family violence.
During this process, we will, with the help of these experts, make
every effort to ensure that the victim receives the support that he or
she needs, which may include education and counseling.
Question 2c. Will your organization commit to providing every
victim with an independent advocate who will provide them the support
that they need?
[Ms. Behrens did not reply to this question.]
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Michele Roberts
Question 1. It's my understanding that only the NFL can promulgate
uniform rules and policies to address domestic violence without
reopening its collective bargaining agreement with the players unions.
Question 1a. For the others, can you please tell me where you are
in negotiating new uniform policies to address domestic violence?
Question 1b. Does management and the unions see eye-to-eye on the
major elements of a uniform policy, such as strong penalties and
effective education and outreach?
Answer. Domestic violence is a topic that our players have long
recognized needs to be addressed in a firm and comprehensive manner.
Recent events have given us an opportunity to re-examine and strengthen
the already comprehensive scheme the NBA and NBPA have in place, and
add even more safeguards with a focus on prevention and counseling. We
want to make sure that every player, wife, girlfriend, and family
member has a safe environment to seek help without fear of retaliation
or additional harm. Management and our union have worked closely
together in this area in an unprecedented manner, as we try to lead by
example and help create the kind of awareness and attention that this
prevalent and society-wide problem deserves.
Our Collective Bargaining Agreement (CBA) will expire on June 30,
2021, though both parties have the option to terminate it on June 30,
2017. Despite our being two and a half years away from the next
possible negotiation, the NBA and NBPA have already added to the
existing CBA requirements by instituting a mandatory meeting for each
team on domestic violence awareness. Our education and outreach efforts
were discussed at the hearing in more detail, and are summarized again
below.
We begin to broach the topic of domestic violence with our players
years before they even enter the NBA. Each June at our Top 100 Camp,
the NBPA brings together the Nation's elite high school basketball
players, together with their parents, and helps prepare them for
competitive life at the next level, with an emphasis on character,
education and life-skills development. Close to 200 current NBA players
have attended the Top 100 Camp. During the week-long program at the
University of Virginia campus, the players work on their basketball
skills, but the majority of each day is focused away from the court,
where our staff of retired players, counselors, psychologists and
psychiatric professionals lead large and small group discussions that,
in part, focus specifically on respect issues with girls and women. At
this young and impressionable age, we teach players that part of
embracing their manhood includes treating every woman with kindness and
respect. At last June's Camp, the boys--and their parents--spent a
great deal of time with Kalimah Johnson, a very effective educator and
founder of the SASHA Center, a Detroit-based healing and awareness
center focusing on sexual assault.
The education continues the moment a player enters the league, with
the Rookie Transition Program, a four-day joint program between labor
and management that likewise focuses on personal skills development and
provides training on numerous topics related to conduct, including
domestic violence. In past years, Judge Glenda Hatchett has been a very
effective voice delivering graphic and powerful presentations on the
effects and consequences of sexual misconduct and abuse of women.
To complete the progression, we not only raise awareness for our
players before and upon entering the NBA, but we now hold a Team
Awareness Meeting, designed jointly by the NBA and NBPA, devoted solely
to the topic of domestic violence. Kalimah Johnson of the SASHA Center
and Ted Bunch, co-founder of A Call to Men, a leading violence
prevention organization, are traveling around the country to meet with
every NBA team for a session devoted solely to domestic violence
awareness. These sessions supplement the year-round work done by our
NBPA Player Programs staff--a group of seven retired players who work
full-time for the union--together with the joint labor-management
Player Assistance and Health Education Programs, that help players
confront many of the emotional, anger management and other stress-
related issues that can be at the root of a domestic conflict.
We have focused most recently on prevention and services to family
members. At the union's expense, I convened a group of NBA mothers,
fathers, spouses and girlfriends for an all-day session at our offices
in New York. Those discussions were facilitated by a domestic violence
expert, Karma Cottman, Executive Director of the D.C. Coalition Against
Domestic Violence. Among other things, we identified as a principal
need the establishment of a hotline and counseling service that will
encourage not just players, but family members and other interested
persons, to seek out help without the fear of retaliation or unintended
consequences. Many people are fearful that if they speak out about the
possibility or the actual occurrence of a domestic violence event, they
will expose themselves to public ridicule, be alienated by relatives
and friends, and/or jeopardize a player's livelihood, and, thus, put at
risk their family's financial health. Everyone must be comfortable that
there is a safe and confidential manner to seek help.
We fully believe in and support the Committee's and Congress' goal
of eliminating domestic violence in sports, and we believe this goal is
best accomplished by the leagues and players working together through
collective bargaining and other joint programming to accomplish this
universal objective. Together we can and will set a tone of appropriate
respect for women and all family members.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Jessica Berman
Question 1. It's my understanding that only the NFL can promulgate
uniform rules and policies to address domestic violence without
reopening its collective bargaining agreement with the players unions.
Question 1a. For the others, can you please tell me where you are
in negotiating new uniform policies to address domestic violence?
Answer. The current NHL/NHLPA Collective Bargaining Agreement
addresses off-ice conduct, which includes domestic violence, and grants
the Commissioner broad authority and discretion to act and impose
discipline when a Player ``has been or is guilty of conduct . . . that
is detrimental to or against the welfare of the League or the game of
hockey.'' With that being said, the NHL is in the process of reviewing
its current policies to ensure that they are both effective and state-
of-the-art. The National Hockey League remains committed to the
principle of addressing Players' personal conduct problems in a
meaningful way and we intend to engage and involve our Players'
Association in any ``next steps'' that might prove appropriate.
Question 1b. Does management and the unions see eye-to-eye on the
major elements of a uniform policy, such as strong penalties and
effective education and outreach?
Answer. See answer to Question 1a which describes the NHL/NHLPA's
current policy. With that being said, the NHLPA maintains the ability
to file an appeal to the League's decision to discipline a player for
off-ice conduct. From our experience, this decision is made on a case-
by-case basis. Generally speaking, however, the NHL and NHLPA have
worked effectively and collaboratively on education and outreach.
Question 2. The New York Times recently reported on special
treatment that NFL players receive from law enforcement when they are
accused and even arrested for domestic violence. The November 16
article reported that teams form cozy relationships with the local
police, often employ off-duty officers, and give them special perks.
According to the article, teams will work with law enforcement in order
to minimize publicity and the negative impact on players. In one case,
a player arrested for domestic violence was actually escorted by police
back to the residence of the woman he assaulted. This is unbelievable.
Question 2a. Do your teams employ or otherwise provide financial
benefits to off-duty police officers? If so, please give me the
percentage of your teams that do so.
Answer. No.
Question 2b. Will you adopt a league-wide policy that prohibits
such employment in order to avoid special, lenient treatment for
players that run afoul of the law, including for domestic violence
incidents?
Answer. We have not considered adopting a policy such as the one
described in your question because we have no knowledge that any such
employment exists in the NHL.
______
Response to Written Questions Submitted by Hon. Barbara Boxer to
Jessica Berman
Question 1. The entire nation was shocked by the video of a
football player knocking his fiancee unconscious in a hotel elevator
and honestly I don't believe that anyone who saw that video will ever
forget it--the punch and the dragging of a woman flopping like a rag
doll on the cold hard floor.
Unfortunately this was not an isolated case: There have been 83
arrests of NFL players for domestic violence reported since 2000. In
fact, 48 percent of all violent crime arrests for NFL players are for
domestic violence.
We know this is not just a problem for the NFL. We have seen too
many other horrific acts of violence perpetrated by professional
athletes in the NBA, the NHL and in Major League Baseball.
We know that domestic violence is a problem that plagues our
society as a whole--and we know that it is time for all of us to act to
address this epidemic.
So I have some questions that I want to ask all of the sports
leagues that are represented here today:
Question 1a. We know that, tragically, most cases of domestic
violence go unreported. How many allegations of domestic violence has
your league received in the last decade?
Answer. Allegations of domestic violence which are not reported to
us or which do not appear in the media are handled through the NHL/
NHLPA Substance Abuse and Behavioral Health Program. Based on our
inquiry to the independent medical professionals who are charged with
administering that Program, during the history of the Program
(approaching 20 years), the number of contacts for domestic violence-
related incidents amount to no more than a ``handful,'' none of which
would have triggered legal reporting requirements. Because of the
confidential nature of the Program, precise details beyond those that
are provided here are not available to the League.
Question 2. As representatives of our professional sports leagues,
you have the unique opportunity to lead the way--and do good for the
entire nation--by preventing these crimes and setting an example when a
crime occurs.
I believe there are three things you can do immediately:
The first is prevention. We need to stop these horrendous acts
of violence before they happen. To do that, you need to act now
by educating your players, employees, and their families that
domestic violence is unacceptable and will not be tolerated. .
This education, or call it counseling or call it life coaching,
is absolutely critical to prevent violence.
Second, you need to create a real zero-tolerance policy for
domestic violence.
Earlier this year, I led a bipartisan group of 16 Senate women
urging National Football League Commissioner Roger Goodell to
institute a zero-tolerance policy for domestic violence.
It is up to ALL of our professional sports leagues to send that
message to their players--that if they can't meet that
standard, then they shouldn't be wearing the uniform. Why do I
say that? Because like it or not, here is a fact--players are
role models for our children.
Finally, you need to ensure that the victims of domestic
violence are encouraged to report these crimes and immediately
given an independent advocate who will fight for them every
step of the way.
That means contracting with well-respected non-profit domestic
violence organizations that are right there in the community.
I am proud that, in California at my urging, the University of
California and the Cal State Universities have agreed to do this
voluntarily.
I believe this same model should be used by all of you.
It is critical that our professional sports teams put the victim's
needs at the center of their policies.
Question 2a. Will your organization commit to establishing a
domestic violence prevention program that includes rigorous and
mandatory training for all players, coaches, personnel--and their
families?
Answer. The NHL has already instituted (and currently employs) a
comprehensive educational program pursuant to which it educates its
Players and their families on issues related to relationship conflict
and domestic violence. It is and has been for at least the last decade
a priority in our various Player education-related programs and
curriculum. Having said that, and in light of recent events both
generally and specific to our League, we have undertaken a process of
reviewing our current education programs for Players, personnel and
their families, both at the League and local Club level to ensure that
they are both effective and state-of-the-art. The National Hockey
League remains committed to ensuring that Players' personal conduct
remains appropriate and socially acceptable, and in addressing
unacceptable conduct in a responsible and meaningful way.
Question 2b. Will your organization commit to a zero tolerance
policy that makes it loud and clear that domestic violence is wrong,
and will not be tolerated?
Answer. See answer to Question 2a.
Question 2c. Will your organization commit to providing every
victim with an independent advocate who will provide them the support
that they need?
Answer. See answer to Question 2a.
______
Response to Written Questions Submitted by Hon. John D. Rockefeller IV
to Steven Fehr
Question 1. It's my understanding that only the NFL can promulgate
uniform rules and policies to address domestic violence without
reopening its collective bargaining agreement with the players unions.
Question 1a. For the others, can you please tell me where you are
in negotiating new uniform policies to address domestic violence?
Answer. As both Ms. Jessica Berman (for the NHL) and I (for the
NHLPA) explained at the hearing on December 2, the subject of
discipline by the League for player ``off-ice'' misconduct, which would
include domestic violence, was dealt with during the recent round of
collective bargaining which resulted in a new collective bargaining
agreement reached in January 2013. The NHL and the NHLPA are thus not
currently negotiating new policies regarding domestic violence. As part
of the new CBA there are provisions which (1) allow the Commissioner to
discipline a player for ``off-ice'' conduct; (2) allow the player to
appeal any such discipline to a neutral arbitrator; and (3) give the
Commissioner the ability under certain limited circumstances to suspend
a player even though he has been unable to complete his investigation
of the matter due to a potential criminal proceeding, also with the
ability of the player to challenge that action before a neutral
arbitrator. A case has arisen recently which may bring these provisions
into play (it would be the first such case). As it runs its course,
that case may provide the parties an opportunity to assess how well
those provisions are working.
Question 1b. Does management and the unions see eye-to-eye on the
major elements of a uniform policy, such as strong penalties and
effective education and outreach?
Answer. We believe that the parties have worked effectively on
education and outreach. We continue to do so and of course are always
looking for ways to improve our efforts in this area. As for the nature
and extent of the penalties, the parties have agreed to a process in
the recently-negotiated CBA that is intended to ensure that any
penalties issued by the Commissioner respond appropriately to the
circumstances. As outlined above, the recently-negotiated CBA provides
a mechanism for the Commissioner to issue discipline and for that
discipline to be appealed to a neutral arbitrator. The arbitrator is
mandated to determine, among other things, whether the penalty is
appropriate given the particular facts and circumstances surrounding
the conduct at issue and whether it is proportionate to the gravity of
the offense.
______
Response to Written Question Submitted by Hon. John Thune to
Steven Fehr
Question. In an op-ed that appeared in the November 13, 2014
edition of the New York Times, NBA Commissioner Adam Silver called on
Congress to ``adopt a Federal framework that allows states to authorize
betting on professional sports, subject to strict regulatory
requirements and technological safeguards.'' What are the views of the
NHLPA on Commissioner Silver's proposal? Please explain your answer.
Answer. We have never before seriously considered this issue, we
have not talked to our members about this, nor have we developed a
view. But since the NHL has a much larger presence in Canada than the
NFL, MLB, or NBA, we would need to seriously consider the legal
landscape in Canada and its provinces as well before developing a view
or advocating for a position.
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