EDITORIAL. PHOTOS BY AP NEWS
Brett Favre has been in the news a lot recently. A lot.
But just a few days ago, some new news regarding the “not-so-maybe-kinda-yes-no-retired-or-not” Minnesota Vikings quarterback was brought to the attention of the media.
It has been alleged that the quarterback for the purple and white sent lewd photographs of himself to Jets’ trainers, one of his former teams. The main witness in this case is Jenn Sterger and two Jets’ massage therapists who told Deadspin.com about said texts, and are willing to work with the NFL in getting to the bottom of it.
The NFL will pursue the investigation if they find enough substance for the case.
Favre is aware of the allegations but has neither confirmed nor denied his actions. He has simply stated that he is “sorry” that he has become a distraction. He has also stated that he is willing to work with commissioner Roger Goodell on the matter. If he is found to have gone against the NFL’s Personal Conduct Policy, immediate action will take place, but Favre will have the option to appeal, a process that takes ten days.
The difficulties with this case include Favre’s 289 consecutive game streak – one which would come to an end should he be suspended – as well as Pittsburg Steelers’ quarterback Ben Roethlisburger’s actions which caused him to be suspended 4 games for accusations of “improper behavior” at a bar even though he was found not guilty.
So now the question is “Which stakeholders will be affected most by the decision of whether or not to punish Brett Favre?”
Firstly, the NFL has taken steps to create an ethical environment regarding the actions of its players.
Due to the actions of some of its players, including Adam “Pacman” Jones, Tank Johnson, and probably most notably Michael Vick, Goodell has realized that players within the league need to be responsible for their actions on as well as off the field.
The old controls were simply not cutting it.
It is vital that businesses pursue a path of social responsibility in order to survive in the long term.
Goodell wanted to strengthen the controls that were in place and create a new and improved code of ethics called the National Football League’s Personal Conduct Policy. The new Policy states the following:
“It is not enough to simply avoid being found guilty of a crime. Instead, as an employee of the NFL or a member club, you are held to a higher standard and expected to conduct yourself in a way that is responsible, promotes the values upon which the league is based, and is lawful…Persons who fail to live up to this standard of conduct are guilty of conduct detrimental and subject to discipline, even where the conduct itself does not result in conviction of a crime" (Associated Press).
This new Policy holds any employee of the league responsible for their actions.
That includes trainers, coaches, and owners. The most important part of this Policy is the last clause which states that one can be found to have broken the Personal Conduct Policy even though the person was not convicted of any crimes.
This is an extremely tight control. It forces NFL employees to seriously reevaluate their actions off the field. According to the new Policy, teams can be held responsible for their employees’ actions. Therefore, the employees have an obligation to their team.
It is not simply a fine anymore. In addition the player may be suspended which decreases the probability that their team will win – something we hope most players take to heart.
The change that has garnered the most attention is the penalty of forfeiting draft picks. An employee’s actions can now result in consequences that could potentially affect the team into the future. Potentially, the team misses out on a draft pick where said drafted player could have produced a substantial amount of wins for the team over the length of the contract.
The employees then need to think “What are the possible consequences to my team if I engage in this behavior?”
There are seven major stakeholders that will be affected by Goodell’s decision on whether or not to punish Favre: the NFL, the fans, the news-savvy population, the owners and managers, the players, Favre himself, and the three members of the Jets’ personnel.
Depending on what conclusion is reached, the NFL can be viewed in different ways by different stakeholders. The ultimate goal is to create revenue to remain sustainable in years to come. The question then becomes, “which decision will benefit the greatest number of stakeholders?” as well as, “Is this decision the morally right thing to do?”
For the sake of argument, I will assume that there are two different fan opinions on opposite extremes. One group of fans believes that players and personnel should not be held responsible for what happens off of the field. Performance on the gridiron should be the only factor that determines whether or not a quarterback plays or an offensive coordinator continues to choose plays.
On the other extreme, this group of fans believes that being a professional football player does not excuse one’s actions off of the field.
I will assume that the news-savvy population will side with the latter group of fans because this group does not necessarily care about any teams’ particular performance, but rather the due diligence to determine if the alleged victims were actually harmed. This group can and will bring negative publicity to the NFL, as was shown by the tremendous protests of Michael Vick’s dog fighting fiasco.
The owners and managers meanwhile will be affected because it is possible that the Vikings may be playing their team in upcoming weeks. The players see themselves as a united group that in the long run looks out for each other’s interests due to the NFL’s Players’ Association. Inevitably, they do not want to play against Favre. However, they do not want Goodell to charge Favre with breaking the Policy because that ultimately means that there is a precedent to prosecute other players.
Favre is a premier player in the league and we have seen that he really does just want to play the game he loves. Trust me, he’s made that much clear over the past few years. He just can’t seem to get away from this game…
If he is punished, it will affect his yearly performance and will determine if teams want to sign him next year (I do not believe that he seriously considers retiring after this year).
The final and probably the most fundamentally important group of stakeholders are the three members of the Jets’ personnel. They are human beings whose rights have allegedly been violated. Sexual harassment is a major issue in the business world today and cannot merely be tucked into the back pocket of a pair of Wranglers.
Even something as little as an email thread “Top 20 Blonde Jokes” meant to be harmless can have serious consequences. It is intrinsically right to protect these women’s rights. They want to see Favre convicted because these picture/text messages are not something that a woman should view without consent, assuming these women weren’t aware of what Favre was sending until they opened the messages.
Two things need to be considered in Goodell’s decision: which decision will produce the most positive results from the different stakeholders and is the decision morally right.
In order for the Policy to be successful, it needs to be consistent throughout the league. The action of a third string fullback must have the same ramifications as an action of a premier player in the league, such as Favre.
However, at least one aspect of the Policy seems to cushion winnings teams’ unethical behaviors. Bill Belichick, head coach of the New England Patriots (who have won 3 Super Bowls since 2001) was found guilty for recording a rival Jets’ practice. He was simply fined $500,000 and was forced to give up only a first round draft pick if the Patriots made the playoffs or a first, second, and third round draft pick if the Patriots did not make the playoffs.
Many believe that a suspension should have also been imposed. Ultimately, Goodell determined that the information on the tapes did not affect the outcome of the game. This decision still raises questions regarding a conflict of interest with teams that bring in a substantial amount of revenue for the NFL.
Goodell’s decision and the nature of the forfeiting of draft picks as a result of a playoff berth may imply that a winning team in reality has fewer consequences than a losing team. This event was a major damper for the Policy and Goodell has strived to revamp it - just look at Super Bowl winning champion Roethlisberger’s four game suspension.
Roethlisberger, however, has had a previous history of getting himself stuck in some tight situations with the female gender. Favre’s clean track record is completely opposite of the Wrangler jeans he wears: blemish free and squeaky clean.
He has managed to keep himself out of trouble and has lifted himself to an immortal, pristine icon in the eyes of coaches, players, and fans alike. Goodell needs to consider if past actions determine the outcome of his decision; or does Favre deserve a second chance because he has been immaculate up until this point?
If Goodell wants to keep the sanctity of the Personal Conduct Policy, he cannot factor in the revenue Favre creates or Favre’s 289 consecutive game streak.
History has shown that being sensitive to social responsibility is a strategy that every company needs to have, and a Code of Ethics is intrinsic in long run success. The NFL did in fact create one called the Personal Conduct Policy. However, players and coaches in the NFL were not abiding by its stipulations.
Commissioner Roger Goodell knew that the Policy needed to be improved, which he did by holding teams responsible for their players by the forfeiting of draft picks. The real test of morals comes when there is a choice between two rights or two wrongs. Choosing one option will please some people while infuriating others. The chosen option should aim to please the greatest amount of stakeholders.
However, his choice must also be aligned with his personal values. He needs to be able to sleep at night after he makes the decision. The commissioner has given second chances to people with clean records as we have seen with Belichick’s and Roethlisberger’s first offenses. But If Favre is found 100% guilty of sending these Jets’ trainers lewd photos and texts, there is no question that he should be suspended without pay and a fine imposed on the Vikings.
Assuming these allegations remain merely allegations, Goodell should give Favre a second chance.
Favre is a high profile athlete with a lot of money, meaning the possibility of these trainers framing Favre needs to be seriously considered. If the details of the case remain undisclosed, than one cannot make assumptions as to what actually happened.
So, if these are purely allegations and nothing is proven against Favre, Goodell must support the quarterback. This will gain support of the players throughout the league, coaches and owners, Favre, and a significant number of fans.
It is a fair trade off between these stakeholders and the ones that will be displeased with this decision, but that is just how these tough decisions work. Goodell must show that he is loyal to the league’s players when a one of them needs support.
A precedent will be set that members of the NFL get one free pass and it must be publicized that the nature of the stipulations of the Policy include an unwritten “mulligan effect”. After that, the person cannot put themselves in a situation where the person may be in a position to compromise the stipulations of the policy.
In the end, expect conditions to be Favre-able for Brett to be playing the rest of the season.
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