HR lessons in NFL’s new code of conduct

On December 10, 2014, the NFL announced a new and more stringent personal conduct policy (code of conduct) for all members of the NFL.  The new code is the NFL’s attempt to create clear standards and consistent procedures for misbehavior, after a year spent in a deluge of criticism for its handling of player wrongdoing.

Chief among the changes made by the policy is a prescribed course of action to be followed upon the report of conduct violations.  Now, if the new policy is followed, any report of a violation of the policy will trigger an internal investigation.  A formal arrest or criminal charge need not occur for a league investigation to take place.

What happens to the employee during the investigation?

What precisely will happen in each specific instance of a violation is still uncertain.  However, the NFL has now outlined that if formally charged with a crime of violence or sexual assault, or an internal investigation leads to credible evidence that such a violation occurred, an employee may be placed on paid leave or the exempt list pending resolution of the criminal charges or NFL investigation.  Paid leave will last until the completion of the NFL investigation or criminal charges.

The fact that paid leave is merely a possibility, among several other responses, does not necessarily eliminate the uncertainty of a response to the extent many hoped.  However, it does create an expectation among both the public and the league’s members that paid suspension or exemption will be the standard and the NFL will have to explain their rationale for deviating from that standard.

Discipline at the end of the investigation

A conviction on criminal charges or an NFL finding of a violation will trigger formal discipline.  A minimum 6-game suspension will be assessed for findings involving assault, battery, domestic violence, dating violence, child abuse, family violence and sexual assault. The 6-game suspension may be modified if there are aggravating or mitigating factors in the case.

A second offense will result in banishment from the NFL.  An appeal process, like the one Adrian Peterson is using, remains available, with the member to remain on paid leave while review is pending.  The Commissioner remains the final decision maker on appeals, in which he may accept or decline the appeal panel’s recommendations.

Unions, Collective Bargaining Agreements and Contracts

The NFL Players Association (NFLPA) is not likely to endorse this new policy.  In fact, the NFLPA has criticized the NFL for not providing them an advanced copy of the policy before its release to the public.  Although the NFL says they consulted with the union extensively on this policy, that may not be enough.  Some disciplinary policies will be considered “terms and conditions of employment” and therefore must be collectively agreed to before implementation.

Bottom Line

The NFL’s model of a written conduct policy and disciplinary response is worth consideration in all employment situations.  While still leaving room for discretion and individual consideration, a clear, written standard sets out expectations for an entire company.  Advanced warning and predictability of disciplinary decisions can help ensure that when an incident does arise, the work environment remains as stable as possible.

Such a policy should be undertaken carefully.  Any employer considering establishing or reworking a disciplinary policy or code of conduct should be sure to consult any relevant employee organizations before doing so.  Collective bargain agreements may be a bar to some changes.  In addition, once the policy is put in place, whether in a handbook or another form, it should be followed consistently.  Some states, including Minnesota, consider such policies binding contracts and will hold the employer liable for action outside a prescribed disciplinary procedure.

Source: HR Hero Line