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Ethics Case Study

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“The NFL’s Willful Ignorance”
Question: To what extent should football players be held to a higher standard of accountability than the average person? Should criminal acts on the part of player be punished by the NFL as well as by state? If so, what is adequate punishment for a player who violently abuses their mate? Does gender or sexual orientation play a role in your decision? Under what condition is it appropriate for someone to lose access to their profession?
Facts
-"The league has consistently turned a blind eye to blows sustained by women at the hands of many NFL players over the last two decades" (Benedict, 1).
-"The NFL is in dire need of male leadership when it comes to violence against women" (Benedict, 2).
-"The sad fact is that the most memorable hit of the 2014 NFL season will end up being one in which a player knocked out a woman in an elevator" (Benedict, 2).
-"NFL spokesman Greg Aiello infamously told the Washington Post: "We're not the criminal justice system. We can't cure every ill in society, You know, we're putting on football games. And unless it impacts the business, we have to be very careful about the disciplinary action we take. A player has rights too."" (Benedict, 2).
-"The bottom line is that NFL players aren't like men in the general population, especially in the eyes of children. Rather, NFL players are seen as action heroes who epitomize strength, athleticism and toughness. That’s why so many kids emulate them." (Benedict, 2).
-"The instinctive reaction and easy solution is to lay all the blame on the player and hold him fully responsible for his own problem and the taint it gives the league" (Steele, 1).
-"Harsh punishments of such players have been tried by Roger Goodell from the time he became commissioner seven years ago" (Steele, 1).
-"A fine of $2 million should get every team's attention. Levy it every time such a risky player with a documented history of violence is convicted or pleads to a violent crime, or one that involves guns or other weapons or alcohol" (Steele, 1).
-"The overwhelming majority of players who either never got in trouble before, or who straightened their lives out and benefited from that second chance, should embrace this level of accountability -- especially since, for once, its being shared" (Steele, 1).
-"More than half of players who have been accused of domestic violence during Roger Goodell's tenure as commissioner have gone without punishment from the league" (Keneally, 1).
-"10 players were cut from their teams as a result of the incidents, only 12 others received any from of suspension from the league. That means that the remaining 34 cases went unpunished" (Keneally, 1).
-"The NFL announced this week that they a new female executive to address social responsibility policies, including domestic violence and sexual assault and will be implementing new rules once they examine a number of ongoing cases" (Keneally, 1).
-"He has supreme, sweeping power over the organization, players and their behavior. He in effect is appointed the judge and jury in individual cases, even as he keeps one eye over his shoulder at the owners" (Pease, 1).
-"For months now, he has been seen as too harsh, and now he is being seen as too lenient, especially in the way he has twisted and squirmed over the Rice case" (Pease, 1).
-"The independent review and discipline group should also have the responsibility and expertise for talking to the press and fans. This would increase credibility with fans and help the league avoid the escalating, and destructive, tit-for-tat accusations we're witnessing right now" (Pease, 1).
-"While NFL player arrests peaked in the mid-2000s, most organizations would not sit back and accept that one in 40 of their employees is arrested each year -- mostly for DUI incidents" (Pease, 1).
-"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" (Pease, 1).
-"It makes sense for the National Football League to create an advisory committee made up of women who advocate for victims of domestic violence" (Gelles, 1).
-"While most cases of domestic violence and child abuse come to public attention after an arrest, the more pressing issue is whether anything practically can be done to prevent them from occurring" (Gelles, 1).
-"Given that professional athletes have a stake in earning a living, a third of a season (five or six games) suspension for an offender like Ray Rice, whose domestic-violence case has been adjudicated, would be appropriate" (Gelles, 1).
-"Some may rationalize the light punishment by pointing to Janay's forgiving Rice and Rice's one-on-one meeting with Goodell. That's not the message the NFL should be sending" (Dockterman, 1).
-"NFL Commissioner Roger Goodell has suspended players for longer because of DUI's, smoking pot and illegal tattoos" (Dockterman, 1).
-"After the rice incident, Commissioner Roger Goodell raised penalties to a possible six-game suspension for a first offense of domestic abuse and a ban for the second" (Truesdell, 1).
-"The incident brought a firestorm of attention to the subject of domestic violence and prompted the NFL to put four women in charge of a panel to tackle the issue" (Truesdell, 1).
-"The NFL should not do the same. Instead, its owners should dismiss Commissioner Goodell to signal the beginning of a new no-tolerance policy" (Campbell, 1).
-"The NFL must draw a bright line between right and wrong when it comes to domestic violence before I can fully embrace the organization" (Campbell, 1).
Competing Values * Professional football players should be held to a higher standard than the average person because they are a public figure versus professional football players should not be held to a higher standard than the average person because they are people who just so happen to get paid to play football. * Only the state has the capacity to punish people for criminal acts versus NFL has the right to punish players since they work for them. * NFL should consider player character & community involvement when it comes to punishment versus justice should be blind and not take into account these other factors when considering punishment. * NFL should decide on an individual bases the sanctions a player receives versus NFL should have standardize rule for how to sanction players. * NFL has the right to ban a player from the league for repeated criminal acts or severe crimes versus the NFL does not have the right to ban for repeated criminal acts or severe crimes.

Potential actions One potential action that the NFL could take is to better explain to NFL players and point out that it explicitly shows in the contract that they will be held to a higher standard simply because they are high profile athletes and aren’t just the average person. Secondly, another action they could take is to make a clear-cut decision on whether or not the state would be the only ones who could punish criminal acts, or if it would be both the NFL and the state. The policy needs to be in place so that there won’t be any going back and for the deciding who can punish players. Third, the NFL could come up with a criminal acts committee that will be the determining bored that will decide on all cases and only they would make the decision. Fourth, the NFL could consider using players background information whether criminal history or history of giving back to the community to decide what type of actions to take against a player. Lastly, the NFL should have players on a the criminal acts committee because they would be able to give a little better insight on what goes on in the life of NFL players and I think they deserve to have a voice.
Position
Professional football players without a doubt should be held to a higher standard of accountability than the average person. The reason behind this is that professional athletes are thought of as role models and there are many young adults who look up to them for guidance or aspire to be like them. Secondly criminal acts that are committed by players of the NFL should be punishable by both the state and NFL. Pro athletes should be hit where it hurts if they commit criminal acts; that is their job and bank account. Also sexual orientation or gender should not play a role in the punishment for a player. If they commit a criminal act whether against male or female, they should be penalized equally. Lastly, if someone commits an extreme criminal act or is a repeat offender for a criminal act they should lose access to their profession. Similar to professional positions of doctors and lawyers, if they commit certain crimes they will lose their ability to practice each of their respective jobs.
Rationale
First value is that football players should be held to a higher standard than the average person because they are a public figure. Many of children and young adults look up to professional athletes as their role models. Not just as their role models but look to them for guidance as how to act or what to do, this includes both on and off the field. It is their responsibility as high profile members of society to know what is right or wrong; and to know that they are looked up to. NFL players are paid to play a sport which is a position that many of people would do anything to be in so they need to value the position that they hold. Overall, NFL players should be held to a higher standard and more heavily scrutinized for their mistakes. The competing value to this is that professional football players should not be held to a higher standard than the average person just because they are normal people who just so happen to get paid to play a sport. NFL players should not be punished more severely strictly due to the fact that children and young adults look them up to. Police officers and firefighters are also public figures that are looked up to by young people; however they aren't scrutinized any heavier. It is understood that they should make better decisions being public figures that are thought of in high regard because they sport they play. However they should not be punished more severely simply due to the fact that their career or specialization is a sport. The fact of the matter is that role model/public figure or not they are merely human beings and should be treated the same as every human being would be with no relation to their jobs. The more important value between the two is that professional football players should be held to a higher standard than the average person; when they signed up for the career to be a pro athlete they knew what it entailed form a role model standpoint. The excuse that they are just normal people who just so happen to get paid to play a sport is completely useless. There isn’t anything that is normal when it comes to being a pro athlete; everything that they do both on and off the field is watched heavily. It is their responsibility to make sure that they are making the smart decisions, because people are looking up to them and if they have kids they look up to them also. Looking back many players that make mistakes when it comes to off the field issues, feel some sort of remorse because of how they look and how it tarnishes their public image. "The bottom line is that NFL players aren't like men in the general population, especially in the eyes of children. Rather, NFL players are seen as action heroes who epitomize strength, athleticism and toughness. That’s why so many kids emulate them." (Benedict, 2). The second value is that only the state should have the capacity to punish people for criminal acts that are committed off the field. According to the NFL spokesman Greg Aiello in an interview with the Washington Post he states, "We're not the criminal justice system. We can't cure every ill in society, You know, we're putting on football games. And unless it impacts the business, we have to be very careful about the disciplinary action we take. A player has rights too." (Benedict, 2). This fact is completely true, it is a thin line that the NFL is walking on when it comes to punishing players for committing criminal acts off the field. The NFL as a company should stay out of the way of the justice system and allow them to do their job. Players who are in the NFL should be punished by the league for on the field acts and not those that occur off the field. The competing value is that the NFL has the right, as well as the state, to punish players since they are employees of their corporation and work for them. As I previously stated professional football players in the NFL are employees of the NFL and are therefore required to abide by any laws they have; as well as the legal laws of the justice system. "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" (Pease, 1). This touches a little on the previous set of values about them being a public figure, but NFL should punish their employees if they do not conduct themselves in an appropriate manner either on or off the field. Eventually they have to do something to take a stand and show that they won't just allow their players to act in any way. The most important value is that the NFL ha the right, as well as the state, to punish the players in their league. Similar to the role that Doctors and Lawyers have in the professional, they can be penalized by their advisory boards. I think that it is the role of the NFL to go about things the same way and start to crack down on players. It is the only way that I believe things will change. If a player is penalized by their job along with the legal system it will have much more of a meaning to them when it comes to future potential incidents. "More than half of players who have been accused of domestic violence during Roger Goodell's tenure as commissioner have gone without punishment from the league" (Keneally, 1). The third competing value is that the NFL should bring into account and consider player character & community involvement when it comes to determining how to punish their players. I believe that taking a look at these two things really would help the NFL determine what type of person the player that committed the crime really is. If a player has high quality character and is a member of the community who actually gives back and takes part in charity events I think they should be thought of in a different light. However if a player who doesn't give back and is always in drama off the field they should be thought of in a much different manner. "The overwhelming majority of players who either never got in trouble before, or who straightened their lives out and benefited from that second chance, should embrace this level of accountability -- especially since, for once, its being shared" (Steele, 1). The competing value is that justice should be blind and not take into account these other factors when considering punishment. I don't think that the NFL should look at what type of activities that they participate in off the field, because this has nothing to do with the crime that they committed. "The NFL must draw a bright line between right and wrong when it comes to domestic violence before I can fully embrace the organization" (Campbell, 1). I agree that this is how things should be done by the NFL. In a sense they need to lay down the law and show players that if they abuse their spouse or get multiple DUI's, just because they donate to charity or put on free camps for the youth, they won't just get away with it. The most important value is that the NFL should look at a player’s character. A players character will tell you a little bit about what type of person they truly are and if the incident was a one-time thing or maybe the player has had character issues. If they are truly involved in the community and care about those that look up to them they usually don't have character issues. This rule should be instituted into the policy and I believe would make a strong impact on how they will go about penalizing players. The fourth value is that the NFL should decide on a individual bases the sanctions that a player will receive for a crime that they committed whether it be on or off the field. Each player isn't the same even if they have committed the same crime, I don't think they should be thought of in the same light. "The instinctive reaction and easy solution is to lay all the blame on the player and hold him fully responsible for his own problem and the taint it gives the league" (Steele, 1). It is the players fault but I think the NFL has some of the blame due to the fact that they try and have an even punishment all across the board which isn't fair. The competing value is that the NFL should have a standardize rule for how to sanction their players. This would cut down on the backlash they receive for fluctuations of how they go about punishment. "For months now, he has been seen as too harsh, and now he is being seen as too lenient, especially in the way he has twisted and squirmed over the Rice case" (Pease, 1). This is the problem that Goddell has run into since he goes about punishment for different athletes in a different manner. Then he decided to go about changing the rule after the latest domestic abuse incident. "The incident brought a firestorm of attention to the subject of domestic violence and prompted the NFL to put four women in charge of a panel to tackle the issue" (Truesdell, 1). The commissioner had to do something quick, so this is the decision that he ended up with. The most important value I believe is that their should be standardized rule for how they go about punishing players. If they went in this direction, it would be clear-cut that if you commit this crime as a professional football player in the NFL this is what your punishment is going to be. The commissioner is the main person to blame for this and the best idea would be to bring in a new one. "The NFL should not do the same. Instead, its owners should dismiss Commissioner Goodell to signal the beginning of a new no-tolerance policy" (Campbell, 1). This policy would be perfect and show that the NFL cares about not only the actions of their players/employees but the wellbeing of those outside of football. The last value is that the NFL has the right to ban a player from the league for repeated criminal acts or severe crimes. A player should be banned if they are charged and convicted of criminal acts that are severe. I almost believe that even if they aren't convicted but charged they should possibly be banned if it is a charge of killing someone or raping a woman. The reason behind this is that harm it does to the image of the NFL. "NFL Commissioner Roger Goodell has suspended players for longer because of DUI's, smoking pot and illegal tattoos" (Dockterman, 1). This is ridiculous, the NFL doesn't take the crimes that their players commit and it needs to be changed. The competing value is that the NFL does not have the right to ban for repeated criminal acts or severe crimes. "While most cases of domestic violence and child abuse come to public attention after an arrest, the more pressing issue is whether anything practically can be done to prevent them from occurring" (Gelles, 1). Ultimately if they ban them this doesn't mean that it will change the acts that a player commits or if they will be committed again. Therefore the NFL should stay back and allow the justice system to run its course, instead of playing the role of judge and juror. "He has supreme, sweeping power over the organization, players and their behavior. He in effect is appointed the judge and jury in individual cases, even as he keeps one eye over his shoulder at the owners" (Pease, 1). This could potentially cause a problem because players in the NFL do have rights and could go to court against the NFL for punishing them for crimes they may or may not get convicted of.

The most important value is that the NFL does actually have the right to ban a player for repeated or sever criminal acts if they don't change. The NFL is a business similar to any other one, and therefore the players who are employees of that business have to abide by the rules that they set forth. "10 players were cut from their teams as a result of the incidents, only 12 others received any from of suspension from the league. That means that the remaining 34 cases went unpunished" (Keneally, 1). The leniency that the NFL has shown when it comes to domestic abuse and harsh crimes that players commit compared to DUI's and smoking weed is just unreal. A better policy should go into place and it should be followed to a tee. This is something that will more than likely happen in the near future.
Possible Objectives People could object and say that football players shouldn't be held to a higher standard at that is the way that the rule book should look at it. It's not their fault that many children and young adults look up to them. However, they should man up at accept their position in society and deal with whatever consequences come with it. People could also argue that the NFL and state should punish players to the most extreme severity, for murder or abuse of their mate. This isn’t fair however, mainly due to the fact that the only law out there is the one created by the justice system. The fact that it might be a man beating his mate, whether it be male or female, should not have any impact on the final decision. Ultimately the NFL needs to change the way that they do things when it comes to how they crack down on their players. What they are currently doing isn't enough with the influx of crimes that players have committed in recent years. Its time for Commissioner Goddell to stand up for changes that needs to be made in the NFL.

References

Benedict, Jeff. "The NFL's willful ignorance; For too long professional football has had an antiquated playbook when it comes to dealing with players who commit domestic violence." Los Angeles Times 14 September 2014: A2. Print.

Campbell, Carol F. "NFL Drops Ball On Domestic Violence." Businesswest 31.13 (2014): 12. Corporate ResourceNet. Web. 10 Mar. 2015.

Dockterman, Eliana. "The NFL Needs To Take Domestic Violence Seriously." Fortune.Com (2014): 1. Business Source Premier. Web. 13 Mar. 2015.

Gelles, Richard J. "A Better Way to Reduce Domestic Violence in the NFL." Wall Street Journal, Eastern edition ed.Sep 26 2014. ProQuest. Web. 17 Mar. 2015 .

Keneally, Meghan. "How the NFL Has Punished Players Arrested for Domestic Violence." abc NEWS. N.p., 19 Sep. 2014. Web. 12 March 2015.

Pease, Martha. "NFL should curb Goodell's control over discipline." CNN. N.p., 15 Sep. 2014. Web. 11 March 2015.

Steele, David. "Time to make NFL teams pay for violent, criminal behavior." The Sporting News. PublishThis, 29 June 2013. Web. 12 March 2015.

Truesdell, Jeff, et al. "NFL Controversy Violence Off The Field." People 82.14 (2014): 123-124. Corporate ResourceNet. Web. 12 Mar. 2015.

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