In the past decade, we’ve learned that there are few things the NFL likes to do more as a governing body than to set up an investigative committee when things around the league go awry. When Ray Rice was caught on video abusing his fiance Janay in an elevator, and the league completely botched the discipline in the matter, the league eventually hired Robert Mueller (yes, that Robert Mueller) to sort things out. Ultimately, Mueller’s investigation was comprehensive in some aspects, and too narrowly focused in others. We would, of course, see these trends again a few years down the road in a separate matter.
When then-Dolphins offensive guard Richie Incognito was outed as a locker room bully by offensive tackle Jonathan Martin, the NFL hired criminal attorney Ted Wells to look into the matter. Wells uncovered a pattern of harassment and awareness of that harassment that involved several players and went as high in the organization as offensive line coach Jim Turner.
The NFL also hired Wells to look into the allegations that the Patriots were tampering with footballs to create a competitive advantage, which is how the “Deflategate” scandal came to be.
So, it behooves us to ask, why is the NFL allowing the Washington Redskins to investigate its own toxic culture in the aftermath of a Washington Post report that revealed the harassment of 15 former female employees, as well as more than one female journalist that covers the team?
“These matters as reported are serious, disturbing, and contrary to the NFL’s values,” the league said in a statement. “Everyone in the NFL has the right to work in an environment free from any and all forms of harassment. Washington has engaged outside counsel to conduct a thorough investigation into these allegations. The club has pledged that it will give its full cooperation to the investigator and we expect the club and all employees to do so. We will meet with the attorneys upon the conclusion of their investigation and take any action based on the findings.”
An NFL statement on the Washington Post story alleging sexual harassment and other misconduct by former staffers is below. It begins: “These matters as reported are serious, disturbing and contrary to the NFL’s values.“
Full statement 👇🏽 pic.twitter.com/6XUoPWaPZU
— Ian Rapoport (@RapSheet) July 17, 2020
In a statement from owner Dan Snyder, the team revealed that Beth Wilkinson of Wilkinson Walsh + Eskovitz would handle the internal investigation.
“The behavior described in yesterday’s Washington Post article has no place in our franchise or society,” Snyder said. “This story has strengthened my commitment to setting a new culture and standard for our team, a process that began with the hiring of Coach Ron Rivera earlier this year.
“Beth Wilkinson and her firm are empowered to do a full, unbiased investigation and make any and all requisite recommendations. Upon completion of her work, we will institute new policies and procedures and strengthen our human resourced infrastructure to not only avoid these issues in the future but most importantly create a team culture that is respectful and inclusive of all.”
Dan Snyder: pic.twitter.com/xlRD1c23UD
— Adam Schefter (@AdamSchefter) July 17, 2020
A bold statement from the owner of the team that forced 14 of the 15 women who spoke with the Post to do so anonymously, because the team would not release those women from nondisclosure agreement to speak with the Post on the record, and those women feared litigation in reprisal. The team declined a direct request from the Post to release those women from their agreements.
The fact that Snyder and the team refused to make the story as open as possible should have been Commissioner Roger Goodell’s first clue that the Redskins were not on the level when it came to full disclosure. Why Goodell, or anyone else at a high level in the league’s office, would believe that the internal investigation would be anything more than an exercise in covering one’s posterior strains the limits of credulity.
This is not to dispute the qualifications of Beth Wilkinson, or anyone at her firm, to conduct such an investigation. But without the league acting as a proactive partner in that investigation, there’s little hope that all the information which needs to be made available will be made available.
Based on the Post report, it would also be the first time in a long time that the Redskins empowered a woman in any capacity.