Given the current situation that Roger Goodell is dealing with, the words “commissioner’s discretion” do not exactly hold a lot of appeal. In the case of a provision in the NFL’s new drug policy, however, giving the commissioner discretion is actually a good thing.
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There were a number of issues that the NFL needed to address in terms of its conduct policies and specifically its substance abuse policies. One such issue was their thresholds and punishments for marijuana, something that is addressed in the new policy. Another issue was the harshness, or lack thereof, for penalties for DUI cases.
That is the issue that involve’s commissioner discretion under the league’s new agreement, according to Tom Pelissero of USA Today, who has the language from the terms sheet of the deal:
"If the Commissioner finds that there were aggravating circumstances, including but not limited to felonious conduct, extreme intoxication (BAC of .015% or more), property damage or serious injury or death to the Player or a third party, and/or if the Player has had prior drug or alcohol-related misconduct, increased discipline may be imposed.Discipline for a second or subsequent offense, absent aggravating circumstances, will be a suspension without pay for eight regular and/or postseason games as determined by the Commissioner."
It seems a bit dicey to leave it up to the commissioner to decide which DUI’s are less OK than others, but this is still a step in the right direction. As with the league’s drug policies, these issues are ongoing and will need to be addressed again in the future, so these improvements are a good place to start.
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