SS Laser
05-04-2010, 01:38 AM
http://sportsillustrated.cnn.com/2010/w ... report.com (http://sportsillustrated.cnn.com/2010/writers/peter_king/05/02/offseason/1.html?utm_source=bleacherreport.com)
The Roethlisberger Case: A postscript.
I've come into possession of the letter sent by David Cornwell, the attorney for Ben Roethlisberger, to the commissioner after Roger Goodell met with Roethlisberger in April and before Goodell issued his sanction against the Steelers quarterback for his loutish behavior. It's interesting to me for a couple of reasons. Goodell and Cornwell used to work together in the NFL office and are friendly; the letter has a familiar but legal tone to it befitting a lawyer comfortable giving frank advice and opinion to his former league peer.
Sports Illustrated's Jack McCallum has a Roethlisberger story in the magazine coming out this week, with the help of some fine SI reporting. When you read the piece, you'll understand, I think, why both Cornwell and Goodell thought this shouldn't be your garden-variety suspension, but rather a suspension paired with counseling.
The letter, dated April 15, reads in part:
Dear Commissioner Goodell:
I am confident that we share the same view of the men who play professional football. While the public sees men of extraordinary athletic prowess, rarely is there any acknowledgement of the years of physical and mental preparation or the commitment that is made merely to be in the position to compete on Sundays. This pervasive blind spot tends to cause the public and the media to focus primarily on the football player and not the man who plays football. But, we know better.
My view is that too often there is an inverse relationship between the player's talent and the man's ability to confront and overcome challenges of life away from the game. I have gotten to know Ben extremely well over the past year. Watching Ben off the field has given me great insight into why he has been so successful on it. Ben's rectilinear approach and his method of analysis -- processing things as a quarterback so that he is in control -- have served him well as a football player, but this singular focus is the primary reason that he is facing the challenges that he currently confronts. Life cedes control to no man.
Though I could not have predicted these specifics, I am not surprised that Ben is dealing with a challenge of personal development. His passion for football and the remarkable success resulting from his commitment to the game necessarily means that he has compromised his development in other areas. No person has unlimited capacity. I believe that Ben's challenge is to channel some of the energy he has committed to becoming an extraordinary player into becoming an equally extraordinary person.
While Ben's sexual activities may offend some, anyone would have been hard pressed to predict that Ben's actions would have resulted in such vicious and false allegations. Ben bears exclusive responsibility for the consequences of his choices, but that does not mean that these particular consequences were foreseeable. Whether it is in the privacy of a hotel room or in the more risky environment of a semi-public restroom, a false allegation of rape simply is not within the zone of the foreseeable consequences of consensual sex.
There are two prongs to the intended effect of discipline. One is to discourage repetition of the offending behavior. The other is to encourage behavior that is more consistent with accepted principles and/or established procedures. What Ben should not have done is abundantly clear. What he should have done differently remains elusive. None of the numerous people with whom I have discussed this matter has offered a tangible alternative to the choices that Ben made other than to suggest that Ben "make better choices" in the future.
I cannot fathom how a suspension or any other form of traditional discipline will help Ben make a better choice the next time he decides to have consensual sex. The difficulty that Ben had in articulating a distinction between the risks associated with private and semi-public sex is the product of the undeniable similarity between the Reno and Georgia accusations, even though one event occurred in the privacy of Ben's hotel room and the other in a semi-public bathroom.
As you consider your options, I hope you will focus on an approach that establishes a direct nexus between your response and the issue to which it responds. Whether I am considering these options as Ben's advocate or as the person who has had the privilege of engaging in frank discussions with you unburdened by our professional affiliations, I am unable to discern a link between a suspension and any useful lesson or message that would tend to alter Ben's conduct in the future.
This is one of the more challenging conduct issues that you have confronted because the fundamental issue does not involve an arrest or criminal charges. This is an issue of lifestyle and the need to develop the tools and a method for addressing the unique challenges and opportunities that flow from the stature and celebrity enjoyed by the men who play football. I trust Ben's private conversation with you gave you a glimpse into the difficulty he had in distinguishing who he is from what he does. The public and media have yet to master this distinction. In considering where all of this will lead us, I take comfort in knowing that Ben is not the first 28 year old man to confront the reality of his actions being inconsistent with his values. Luckily, most of us have the benefit of navigating the treacherous waters of maturation outside of the glare of the media and the public.
Following a recent disciplinary hearing, you and I discussed privately your commitment to address each case based on its unique set of facts, without regard for the rancor of the public and the press. I know your commitment remains unchanged. We have also discussed my view that under certain circumstances imposing traditional discipline following a meeting between you and a player tends to devalue the impact of your unique qualities as Commissioner. While your authority emanates from the NFL Constitution and Bylaws, your effectiveness is the product of your ability to connect with the men who play the game in a manner that neither of your predecessors enjoyed.
The nuanced and dynamic nature of the issues that got us here requires an equally nuanced and dynamic response. I look forward to continuing our discussions so that we can structure such an appropriate response.
Very truly yours,
DC
Postscript: Six days later, Goodell suspended Roethlisberger for a minimum of four and a maximum of six games, and ordered him to undergo counseling after a comprehensive behavioral evaluation, banning him from team activities until counselors allow him to rejoin the team. The evaluation is likely to be completed soon, but there's no telling when he'll be able to return to work with his teammates.
Once Goodell issued his sanction, Cornwell wrote the commissioner and thanked him and league attorneys Jeff Pash and Adolpho Birch for their "genuine concern for the well-being of the man in discharging your official functions. I appreciate your candor and accessibility throughout the process with Ben. In the end, we will be measured by whether we made a difference. You did your part and I am grateful.''
At a time when there's such animus between the league and those who contest cases with it, that's a refreshing conclusion to a contentious case.
Read More: http://sportsillustrated.cnn.com/2010/w ... z0mw783cRB (http://sportsillustrated.cnn.com/2010/writers/peter_king/05/02/offseason/1.html?utm_source=bleacherreport.com#ixzz0mw783cRB )
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The Roethlisberger Case: A postscript.
I've come into possession of the letter sent by David Cornwell, the attorney for Ben Roethlisberger, to the commissioner after Roger Goodell met with Roethlisberger in April and before Goodell issued his sanction against the Steelers quarterback for his loutish behavior. It's interesting to me for a couple of reasons. Goodell and Cornwell used to work together in the NFL office and are friendly; the letter has a familiar but legal tone to it befitting a lawyer comfortable giving frank advice and opinion to his former league peer.
Sports Illustrated's Jack McCallum has a Roethlisberger story in the magazine coming out this week, with the help of some fine SI reporting. When you read the piece, you'll understand, I think, why both Cornwell and Goodell thought this shouldn't be your garden-variety suspension, but rather a suspension paired with counseling.
The letter, dated April 15, reads in part:
Dear Commissioner Goodell:
I am confident that we share the same view of the men who play professional football. While the public sees men of extraordinary athletic prowess, rarely is there any acknowledgement of the years of physical and mental preparation or the commitment that is made merely to be in the position to compete on Sundays. This pervasive blind spot tends to cause the public and the media to focus primarily on the football player and not the man who plays football. But, we know better.
My view is that too often there is an inverse relationship between the player's talent and the man's ability to confront and overcome challenges of life away from the game. I have gotten to know Ben extremely well over the past year. Watching Ben off the field has given me great insight into why he has been so successful on it. Ben's rectilinear approach and his method of analysis -- processing things as a quarterback so that he is in control -- have served him well as a football player, but this singular focus is the primary reason that he is facing the challenges that he currently confronts. Life cedes control to no man.
Though I could not have predicted these specifics, I am not surprised that Ben is dealing with a challenge of personal development. His passion for football and the remarkable success resulting from his commitment to the game necessarily means that he has compromised his development in other areas. No person has unlimited capacity. I believe that Ben's challenge is to channel some of the energy he has committed to becoming an extraordinary player into becoming an equally extraordinary person.
While Ben's sexual activities may offend some, anyone would have been hard pressed to predict that Ben's actions would have resulted in such vicious and false allegations. Ben bears exclusive responsibility for the consequences of his choices, but that does not mean that these particular consequences were foreseeable. Whether it is in the privacy of a hotel room or in the more risky environment of a semi-public restroom, a false allegation of rape simply is not within the zone of the foreseeable consequences of consensual sex.
There are two prongs to the intended effect of discipline. One is to discourage repetition of the offending behavior. The other is to encourage behavior that is more consistent with accepted principles and/or established procedures. What Ben should not have done is abundantly clear. What he should have done differently remains elusive. None of the numerous people with whom I have discussed this matter has offered a tangible alternative to the choices that Ben made other than to suggest that Ben "make better choices" in the future.
I cannot fathom how a suspension or any other form of traditional discipline will help Ben make a better choice the next time he decides to have consensual sex. The difficulty that Ben had in articulating a distinction between the risks associated with private and semi-public sex is the product of the undeniable similarity between the Reno and Georgia accusations, even though one event occurred in the privacy of Ben's hotel room and the other in a semi-public bathroom.
As you consider your options, I hope you will focus on an approach that establishes a direct nexus between your response and the issue to which it responds. Whether I am considering these options as Ben's advocate or as the person who has had the privilege of engaging in frank discussions with you unburdened by our professional affiliations, I am unable to discern a link between a suspension and any useful lesson or message that would tend to alter Ben's conduct in the future.
This is one of the more challenging conduct issues that you have confronted because the fundamental issue does not involve an arrest or criminal charges. This is an issue of lifestyle and the need to develop the tools and a method for addressing the unique challenges and opportunities that flow from the stature and celebrity enjoyed by the men who play football. I trust Ben's private conversation with you gave you a glimpse into the difficulty he had in distinguishing who he is from what he does. The public and media have yet to master this distinction. In considering where all of this will lead us, I take comfort in knowing that Ben is not the first 28 year old man to confront the reality of his actions being inconsistent with his values. Luckily, most of us have the benefit of navigating the treacherous waters of maturation outside of the glare of the media and the public.
Following a recent disciplinary hearing, you and I discussed privately your commitment to address each case based on its unique set of facts, without regard for the rancor of the public and the press. I know your commitment remains unchanged. We have also discussed my view that under certain circumstances imposing traditional discipline following a meeting between you and a player tends to devalue the impact of your unique qualities as Commissioner. While your authority emanates from the NFL Constitution and Bylaws, your effectiveness is the product of your ability to connect with the men who play the game in a manner that neither of your predecessors enjoyed.
The nuanced and dynamic nature of the issues that got us here requires an equally nuanced and dynamic response. I look forward to continuing our discussions so that we can structure such an appropriate response.
Very truly yours,
DC
Postscript: Six days later, Goodell suspended Roethlisberger for a minimum of four and a maximum of six games, and ordered him to undergo counseling after a comprehensive behavioral evaluation, banning him from team activities until counselors allow him to rejoin the team. The evaluation is likely to be completed soon, but there's no telling when he'll be able to return to work with his teammates.
Once Goodell issued his sanction, Cornwell wrote the commissioner and thanked him and league attorneys Jeff Pash and Adolpho Birch for their "genuine concern for the well-being of the man in discharging your official functions. I appreciate your candor and accessibility throughout the process with Ben. In the end, we will be measured by whether we made a difference. You did your part and I am grateful.''
At a time when there's such animus between the league and those who contest cases with it, that's a refreshing conclusion to a contentious case.
Read More: http://sportsillustrated.cnn.com/2010/w ... z0mw783cRB (http://sportsillustrated.cnn.com/2010/writers/peter_king/05/02/offseason/1.html?utm_source=bleacherreport.com#ixzz0mw783cRB )
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