With quarterback Brendan Sorsby applying for the supplemental draft, the first question is whether the NFL will grant his request. The next question is whether the NFL will suspend him after he’s drafted.
As explained on Tuesday, the NFL’s decision to not suspend Patriots receiver Kayshon Boutte should help Sorsby’s cause.
In 2011, the NFL suspended former Ohio State quarterback Terrelle Pryor for five games after he was taken in the supplemental draft, mirroring a pending five-game NCAA suspension. Appearing Wednesday on 105.3 The Fan in Dallas, agent Ron Slavin was asked whether the NFL may try to do to Sorsby what it did to Pryor.
“No, because there’s a precedent set with the Boutte kid out of LSU, where he had gambling and when he got to the NFL . . . he didn’t get any suspension or sit out at all,” Slavin said. “So, I think the precedent’s been set there. I mean, those conversations will still be had, but I don’t think you can really just make up rules as you go. Once you set a precedent, that’s what it is.”
In theory, Slavin is right. In practice, well, the NFL has a bit of a reputation for making up rules as it goes.
There’s a difference between Boutte and Sorsby that, on the surface, is irrelevant. But it could cause the league to reach a different outcome.
In Boutte’s case, his gambling addiction, underage betting, and wagers placed on LSU games while playing for LSU didn’t come to light until after Boutte’s rookie season with the Patriots had ended. For Sorsby, it’s all out in the open as he enters the league, after losing his NCAA eligibility.
As to Boutte, a suspension would have put a spotlight on the NFL’s failure to know about his betting before he entered pro football. As to Sorsby, everyone knows. It has become a major story. It will be harder for the NFL to look the other way.
It shouldn’t matter. The Boutte precedent should guide the Sorsby decision. The NFL, however, prefers to make decisions on a case-by-case basis, without past outcomes or prior reasoning tying its hands in a given situation.
For now, many within the league are wondering what the NFL will do. Some believe Commissioner Roger Goodell will come up with a way to impose a sanction on Sorsby, citing his underage betting, his violation of NCAA rules, and/or the wagers placed on his own team while at Indiana.
For a suspension imposed after Sorsby is drafted, the NFLPA would file a grievance and the Boutte argument would be made. At the end of the day, however, Article 46, Section 1(a) of the Collective Bargaining Agreement gives the Commissioner final say over what likely would be an “integrity of the game” suspension.
Put simply, the Commissioner will be free to ignore the Boutte precedent in reaching a decision that, per the CBA, will be final and binding.
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