The Commissioner shall, after consultation with the Executive Director of the NFLPA, appoint one or more designees to serve as hearing officers. For appeals under Section 1(b) above, the parties shall, on an annual basis, jointly select two (2) or more designees to serve as hearing officers. The salary and reasonable expenses for the designees services shall be shared equally by the NFL and the NFLPA. Notwithstanding the foregoing, the Commissioner may serve as hearing officer in any appeal under Section 1(a) of this Article at his discretion.
This means the commissioner not only gets to hand out discipline, he also gets to serve on the appeal board or at least handpick someone to do so. There are no checks, no balances. Goodell has the power to do whatever he wants when it comes to conduct matters, and one look at McCann's chart from FiveThirtyEight shows that he's often had wide swings in how he's responded to issues like domestic violence.
Nothing has essentially changed in this process.
Because the commissioner is solely responsible for each and every disciplinary process when it comes to NFL players, he's also solely responsible for when he gets it wrong. In fact, Goodell was very forthright in response to just how wrong he got the penalty for Rice in his memo to owners:
My disciplinary decision led the public to question our sincerity, our commitment, and whether we understood the toll that domestic violence inflicts on so many families. I take responsibility both for the decision and for ensuring that our actions in the future properly reflect our values. I didn't get it right. Simply put, we have to do better. And we will.
That is why this situation with McDonald is so important: Will Goodell suspend McDonald the six games and leave it at that with little to no public comment, or will he allow mitigating factors to lessen or increase the blow and explain what those factors were?
How does Goodell define violation for NFL s new domestic violence policy? Conviction or plea? Arrest? Accusation? Crucial Qs, no answers. Michael McCann (@McCannSportsLaw)
In terms of timing: Will Goodell wait until the legal system plays out and take that ruling into account, as he has been wiling to do in the past, or will he rule more immediately, as the personal conduct policy and as he once did regarding ?
Goodell suspended Roethlisberger with no arrest, just accusations. To show he s tough on domestic violence, will he suspend Ray McDonald? Michael David Smith (@MichaelDavSmith)
Just days after creating the policy, the NFL can hardly reverse course on domestic violence and hand down what the public would consider a light penalty following so many trumpeted headlines about the NFL's "new" policy.
In a similar way, it does the league no good to bring the full hammer of its brand of justice down on McDonald prematurely and then have nowhere to go from a public relations perspective if the facts of the case create more "mitigating factors" than there might be for the next case or the case after that.

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