No, Rams left tackle Alaric Jackson won’t face felony charges for his recent arrest for felony domestic battery. However, Jackson could be in line for another suspension under the NFL’s Personal Conduct Policy.
The latest comment from the Los Angeles City Attorney’s Office, via Sara Barshop of ESPN, indicates that Jackson’s case has been assigned for a pre-trial diversion program available to eligible persons as an alternative to a misdemeanor prosecution.
Under the express terms of the Personal Conduct Policy, a player commits a violation if there is a “disposition of a criminal proceeding.” That term is defined broadly to include “an adjudication of guilt or admission to a criminal violation; a plea to a lesser included offense; a plea of nolo contendere or no contest; or the disposition of the proceeding through a diversionary program, deferred adjudication, disposition of supervision, conditional dismissal, adjournment in contemplation of dismissal, pretrial intervention or similar arrangement.” (Emphasis added.)
Basically, the diversion program is an alternative to a guilty plea or a full-blown prosecution. It’s not an exoneration. For the league, it’s enough to constitute a violation of the Personal Conduct Policy.
Because the underlying allegation involves domestic violence, the policy applies a baseline suspension of six games. Jackson’s prior two-game suspension under the Personal Conduct Policy means that, from the policy, he “will be subject to enhanced and/or expedited discipline, including banishment from the league with an opportunity to reapply.” Even if Jackson isn’t banished, his previous suspension becomes grounds for a suspension longer than the baseline of six games.
Thus, while Jackson has avoided a felony charge, his looming diversion program will put him in line for another suspension.
The new protections for players under the Personal Conduct Policy, with an outside party conducting a hearing, won’t save Jackson from whatever the Commissioner decides to impose by way of punishment. The decision of Judge Sue L. Robinson is binding only as to the factual findings. Because the policy makes entry into a diversion program an automatic violation, the facts will be undisputed. The Commissioner’s decision as to punishment is appealable to the Commissioner, preserving his longstanding judge/jury/executioner authority over punishment.
In other words, the latest developments mean Jackson won’t be facing prison time. They also mean that Jackson will be facing a potentially significant suspension.
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