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S. HRG. 113–725 

ADDRESSING DOMESTIC VIOLENCE IN 

PROFESSIONAL SPORTS 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED THIRTEENTH CONGRESS 

SECOND SESSION 

DECEMBER 2, 2014 

Printed for the use of the Committee on Commerce, Science, and Transportation 

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS 

SECOND SESSION 

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

EDWARD MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

JOHN E. WALSH, Montana 

JOHN THUNE, South Dakota, Ranking 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

DAN COATS, Indiana 

TIM SCOTT, South Carolina 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

RON JOHNSON, Wisconsin 

ELLEN L. DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel and Chief Investigator 

(III) 

C O N T E N T S 

Page 

Hearing held on December 2, 2014 ........................................................................ 1 

Statement of Senator Rockefeller ........................................................................... 1 

Statement of Senator Thune ................................................................................... 2 

Statement of Senator McCaskill ............................................................................. 4 

Statement of Senator Heller ................................................................................... 5 

Statement of Senator Klobuchar ............................................................................ 111 

Statement of Senator Schatz .................................................................................. 114 

Statement of Senator Walsh ................................................................................... 116 

Statement of Senator Ayotte ................................................................................... 117 

Statement of Senator Blumenthal .......................................................................... 119 

Statement of Senator Booker .................................................................................. 121 

Statement of Senator Cantwell .............................................................................. 123 

Statement of Senator Rubio .................................................................................... 124 

WITNESSES

Troy Vincent, Executive Vice President for Football Operations, National 

Football League .................................................................................................... 6 

Prepared statement .......................................................................................... 8 

Teri Patterson, Deputy Managing Director, NFL Players Association ............... 10 

Prepared statement .......................................................................................... 12 

Joe Torre, Executive Vice President of Baseball Operations, Major League 

Baseball ................................................................................................................. 15 

Prepared statement .......................................................................................... 17 

Virginia Seitz, Outside Counsel, Major League Baseball Players Association ... 19 

Prepared statement .......................................................................................... 20 

Kathy Behrens, Executive Vice President, Player Programs and Social Responsibility, National Basketball Association .................................................... 22 

Prepared statement .......................................................................................... 23 

Michele Roberts, Executive Director, National Basketball Players Association 70 

Prepared statement .......................................................................................... 72 

Jessica Berman, Vice President and Deputy General Counsel, National Hockey League .............................................................................................................. 73 

Prepared statement .......................................................................................... 75 

Steven Fehr, Special Counsel, National Hockey League Players Association .... 103 

Prepared statement .......................................................................................... 104 

APPENDIX

Hon. John Walsh, U.S. Senator from Montana, prepared statement ................. 135 

Letter dated December 9, 2014 to Hon. John Rockefeller and Hon. John 

Thune from members of the National Task Force to End Sexual and Domestic Violence Against Women ................................................................................ 135 

Response to written questions submitted to Troy Vincent by: 

Hon. John D. Rockefeller IV ............................................................................ 143 

Hon. Barbara Boxer ......................................................................................... 144 

Response to written questions submitted to Teri Patterson by: 

Hon. John D. Rockefeller IV ............................................................................ 146 

Hon. John Thune .............................................................................................. 147 

Response to written questions submitted to Joe Torre by: 

Hon. John D. Rockefeller IV ............................................................................ 148 

Hon. Barbara Boxer ......................................................................................... 149 

Response to written questions submitted by Hon. John D. Rockefeller IV to: 

Virginia Seitz .................................................................................................... 150 

Page

IV 

Response to written questions submitted to Kathleen Behrens by: 

Hon. John D. Rockefeller IV ............................................................................ 151 

Hon. Barbara Boxer ......................................................................................... 152 

Response to written questions submitted by Hon. John D. Rockefeller IV to: 

Michele Roberts ................................................................................................ 154 

Response to Written Questions Submitted to Jessica Berman by: 

Hon. John D. Rockefeller IV ............................................................................ 156 

Hon. Barbara Boxer ......................................................................................... 156 

Response to written questions submitted to Steven Fehr by: 

Hon. John D. Rockefeller IV ............................................................................ 157 

Hon. John Thune .............................................................................................. 158 

(1) 

ADDRESSING DOMESTIC VIOLENCE IN 

PROFESSIONAL SPORTS 

TUESDAY, DECEMBER 2, 2014 

U.S. SENATE, COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, Washington, DC. 

The Committee met, pursuant to notice, at 2:32 p.m. in room 

SR–253, Russell Senate Office Building, Hon. John D. Rockefeller 

IV, Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV, 

U.S. SENATOR FROM WEST VIRGINIA 

The CHAIRMAN. The hearing will come to order. 

Sports have always played a huge role, culturally and otherwise, 

in the United States. Just last week on Thanksgiving, millions of 

Americans were probably paying more attention to their TV sets 

than to their turkeys. It’s part of our cultural deal. I hope it’s a 

good one. Athletes have become icons in America. I remember my, 

at that time 10-year-old, son had this gigantic poster of Ray 

Nitschke. It took up half his room. That’s the way it was then. He’s 

now 45. That’s the way it was then, it’s the way it is now. 

Whether we like it or not, major league athletes serve as role 

models for our youth. Generations of children have grown up 

watching sporting events with their parents—it’s a family affair— 

and game day traditions have been handed down from one generation to the next, just literally. It’s an amazing American phenomenon. Kids wear the jerseys of their favorite players, they have 

their posters, and collect their cards, most of which are not charged 

for, I guess. But it’s an amazing figure, and it’s one that we want 

to talk about. 

Given this reality, I hope we can skip protestations about how 

domestic violence is a larger societal problem and not unique to 

sports. We often get that. It’s not known by most, but this committee has complete and absolute jurisdiction, that is oversight, 

over all sports at all levels, and we have exercised it with college 

sports, the NCAA, and we are doing through the courtesy of your 

presence. Of course, it’s a societal problem, and it’s a grievous one, 

and it’s kind of come upon us really fast in terms of public awareness and the coverage of it. But as a nation, we have a responsibility to collectively and aggressively address this terrible problem. 

We all do, you, we. 

But given the high-profile nature of professional sports, when a 

celebrity athlete is charged with committing domestic violence, it 

uniquely reverberates through our society in fascinating ways. And 

2 

because professional sports enjoy unique benefits bestowed upon 

them by the public, such as public funds for stadiums or exemptions from antitrust laws, it’s entirely proper for this committee to 

focus its attention on how professional sports leagues and their 

unions are handling the problem of domestic violence within their 

ranks. 

At today’s hearing, I want to learn what the four major professional sports leagues and their players’ associations are doing to 

address this problem, and we really do want to find out. I want to 

know if you’re developing uniform policies that will effectively and 

appropriately punish players who commit what are criminal acts 

against women and children. I want to learn what the leagues can 

already do with their existing authorities—the NFL comes to mind 

on that—and what must be the subject of new collective bargaining, which may be more popular with some than with others. 

I also want to be clear. The problem of domestic violence in professional sports is not a problem unique to the NFL. The NFL has 

made most of the recent headlines in recent months, both for 

shocking and high-profile incidents and for the league’s controversial response. All of the professional sports leagues represented 

here today, however, have a problem with athletes or employees 

who have committed violent, criminal acts, all of them. And I can 

give them to you if you try to deny it. 

Until very recently, the leagues’ records have not been good. 

There’s a long list of players in the NFL, the NBA, the NHL, and 

Major League Baseball who have been charged with, and in some 

cases convicted of, domestic violence, and the leagues have done little or nothing in response. In fact, the press has reported that a 

culture of silence within the leagues often prevents victims from reporting their abuse to law enforcement. This has to change. There 

are reasons for that, financial, etc. The culture is silence, because 

in most case, the athlete being male, the wife doesn’t want to give 

up the salary, and all of these things come into it. But it has to 

stop, and that’s what we’re here for, to talk about it and to move 

forward. 

My very excellent Co-Chair here, Senator Thune. 

STATEMENT OF HON. JOHN THUNE, 

U.S. SENATOR FROM SOUTH DAKOTA 

Senator THUNE. Thank you, Mr. Chairman, for holding this hearing to discuss the serious issue of domestic violence in professional 

sports. 

And let me just say that I was that 10-year-old kid that you’re 

talking about who grew up aspiring, admiring and idolizing professional athletes. I grew up in a small town in South Dakota of 800 

people, where we didn’t get a newspaper until the following day. 

You didn’t get box scores, you got line scores to follow your baseball 

players. We got one television channel, the CBS affiliate, so I got 

to watch the Green Bay Packers twice a year which happened to 

be the two times they played the Minnesota Vikings in their divisional games. That became my team because we only got that one 

television station. We didn’t have a lot of the apparel either, so I’d 

take a white T-shirt and a blue felt pen and put 32 on it for LA 

Dodgers pitcher Sandy Koufax, and I wore that. Also, when I was 

3 

younger, I was a big Bart Starr fan, my younger brother was a 

Roger Staubuch fan. 

I tell you all that by way of background, just to indicate that all 

of us in this country have a tremendous admiration for people who 

succeed at that level. And it is incredible the influence that people 

who are successful in professional sports have on the young people 

in this country who watch them. Whether they like it or not, these 

athletes are role models, and certainly, we hope, good ones. That’s 

why I think this domestic violence issue that’s been brought to our 

attention here of late and entered the national discussion is so important. 

As a father of two daughters, I found the graphic security camera 

footage of running back Ray Rice and his then fiance ́e to be sickening, like so many others did across this country. I think the 

NFL’s initial response to this matter was completely inadequate. A 

two-game suspension was a paltry sentence for such violent behavior. At best, the NFL failed to understand the scope and severity 

of the incident. At worst, by waiting to suspend Mr. Rice only after 

the elevator video was made public, the NFL sent a mixed message 

to millions of fans and the general public about how it handles 

such acts of violence. 

And of course, as you mentioned Mr. Chairman, this isn’t unique 

to professional football. We’re going to hear today that every league 

has experienced similar acts of violence by their respective players 

over the years. I’m troubled by recent remarks from the Commissioner of Baseball that seemed to downplay the extent of the problem within his sport. Rather than minimizing the issue, I believe 

the correct approach is for the leagues to engage in meaningful 

talks with their players’ unions and other stakeholders to ensure 

player conduct policies are sufficient when such acts of violence are 

carried out. That may mean renegotiating certain contract provisions and strengthening penalties where appropriate. 

Questions of due process, such as determining if, when, and how 

a player should be disciplined are also an important part of this 

conversation. But this is a conversation that needs to take place because sadly, this issue isn’t going away any time soon. While I’m 

encouraged to hear that in many of the leagues represented here 

today the conversation has begun, we should be working toward a 

consistent policy when it comes to such acts of violence. 

Violence of any kind, but particularly against women and children, is simply unacceptable. It is my hope that today’s hearing 

will shed some light on what professional sports leagues are doing 

to address these issues. If, as many believe, the current policies of 

the national sports leagues are insufficient to address these concerns in an adequate and equitable manner, I hope that today’s 

hearing will put pressure on the leagues and the players’ unions 

to make whatever changes are necessary to ensure that such acts 

of violence are addressed swiftly, and perpetrators are disciplined 

appropriately. 

Mr. Chairman, in the past, we’ve used our jurisdiction in this 

area to examine a number of issues, ranging from steroids in sports 

to protecting children from concussions. So often, when we turn our 

attention to issues involving professional sports, questions are 

raised about whether it’s the best use of our time and resources. 

4 

For instance, in 2005, this committee held a series of hearings to 

examine the policies of major league baseball concerning the use of 

steroids. I wasn’t on the Committee at that time, but I’m aware of 

some of the headlines that these hearings generated, including 

those that called the steroid hearings a waste of time and money. 

But Mr. Chairman, as a result of those hearings, something remarkable happened. Major league baseball turned the corner from 

its sordid so-called ‘‘Steroid Era’’ and implemented a series of 

sweeping reforms that we’re still witnessing. Our committee’s ability to shine a bright light on problems in the world of sports is 

often all it takes to induce real and meaningful change, and we’ve 

been able to do so without changes in Federal law. 

So I believe this hearing is important. Questions surrounding 

how professional sports leagues address domestic violence are valid 

ones and rightly warrant scrutiny by this committee. Professional 

athletes and the teams they play for are, for better or worse, role 

models and opinion makers. What they do to combat this unacceptable behavior can help set an example, especially for the youngsters who grow up watching them. And while I thank the witnesses 

for being here today and sharing your testimony, it’s disappointing 

that the league commissioners are not here to speak for their 

sports. It’s also unfortunate that, with the notable exception of the 

NBA Players Association, the heads of the other players’ associations are not here today. 

These are issues that are not and should not be partisan. And 

it may very well be appropriate for the Committee to revisit this 

topic in the next Congress to assess the progress of the leagues and 

the players’ association in dealing with domestic violence. 

Mr. Chairman, thank you. 

The CHAIRMAN. Thank you very much, Senator. 

Now, we’re going to have something that we don’t usually do but 

we’re going to do today. The Chair of the relevant subcommittee, 

Claire McCaskill, will speak for two minutes, I do believe, and be 

followed by Senator Heller. 

STATEMENT OF HON. CLAIRE MCCASKILL, 

U.S. SENATOR FROM MISSOURI 

Senator MCCASKILL. Thank you, Mr. Chairman, for holding this 

important hearing. 

The bright light of public attention needs to be turned on at a 

very high wattage at a problem that exists in the shadows in a 

very dark and scary place. With great power and influence comes 

great responsibility, and no one will debate that probably the 

leagues you represent here today have more power and influence 

in our country than maybe any other institutions that I can think 

of. Professional sports must do a better job of setting an example 

to young people and victims of domestic violence, who face very difficult decisions as they struggle with holding their abusers accountable. 

Professional sports, with very few exceptions, have done little to 

hold those who commit this crime accountable. And perpetrators 

know that if they can only get their victims to recant, refuse to cooperate, threaten their financial future, threaten the future of their 

5 

family’s financial status, or put them on an airplane to Venezuela, 

if they can accomplish those things, then nothing will happen. 

There has been little or no effort to independently get the facts, 

rather just use the predictable outcome that very few who are 

abused will have an adequate support system within the families 

of the professional sports teams where they exist, to get the support to come forward and hold their abuser accountable. And so, by 

and large, professional sports teams have relied on the failure of 

the criminal justice system to get convictions as their excuse as to 

why no players or very few players have been held accountable. 

I’m anxious to hear how you view your responsibility to independently gather the facts and hold the professional athletes that 

commit these crimes accountable with sanctions within your 

leagues. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Heller. 

STATEMENT OF HON. DEAN HELLER, 

U.S. SENATOR FROM NEVADA 

Senator HELLER. Thank you Mr. Chairman. I appreciate the 

Committee’s attention to this important issue. 

I didn’t realize until this hearing that Nevada was so advanced, 

because with three channels, three television channels, we were 

able to watch our Warriors, our San Francisco 49ers, and the Giants play. 

I know that there are some here in this room that may question 

why Congress is involved in this issue, and I’d like to explain why. 

Every minute in the United States, 20 people will experience domestic violence. 

Last night, more than 20,000 phone calls were made to domestic 

violence hotlines. One in three women will experience physical violence from a partner sometime in their lifetime. Children exposed 

to domestic violence are more likely commit domestic violence later 

in life. As a husband, a father of two wonderful daughters, this is 

simply unacceptable and something that must be changed. 

These numbers aren’t just statistics, they’re people. They’re 

wives, they’re mothers, daughters, they’re sisters, and they’re 

friends. The witnesses before us today represent the most popular 

and commercially successful sports leagues in the world. Their star 

players are household names and role models for fans and aspiring 

young athletes. 

In the past few years, we’ve witnessed some truly shocking acts 

from some of these public figures. But just as concerning is how the 

leagues have handled these situations and how the unions protected these players for years. 

It’s very clear to me that getting these players back on the field 

was more important than addressing incidences of sexual assault, 

domestic violence, even child abuse. In the past, leagues and the 

unions simply brushed these problems aside and left it to the 

courts. Only when a video surfaced of the brutal punch an NFL 

player landed on his fiance ́e did the collective conscience of America demand these leagues and unions change their approach. 

I can only imagine what survivors feel like today. As I wrote in 

a letter earlier this year to NFL Commissioner Roger Goodell, by 

6 

waiting until the video of a shocking act of domestic violence by 

one of their players became public, they effectively condoned the 

actions of this player. I believe the same holds true for the players’ 

association, and in fact, I don’t think you even understand the full 

scope of the problem. 

When the Ray Rice decision was overturned the NFL Players Association said, ‘‘This decision is a victory for a disciplinary process 

that is fair and transparent. This union will always stand up and 

fight for the due process of our players.’’ 

This is not about due process. This is not about the collective 

bargaining agreements you do not like anymore or want to change. 

This is not about any type of labor issues you may have with the 

league. This is about helping to stop a terrible problem in society. 

Wives, mothers, sisters, daughters, and friends are being beaten. 

When you are worrying more about getting back on the field instead of stopping abuse, your priorities are out of order. Instead of 

addressing the problem, inadequate or nonexistent league policies 

and codes of conduct mean that aggressors have not been dealt 

with appropriately, and the survivors of domestic violence have 

been left behind. 

There is no place in any society for these horrifying acts of domestic violence and sexual assault. Our nation’s professional sports 

leagues have a unique ability to make a difference. The American 

people need you to step up, and this committee wants to know 

what you’re going to do to take a stand. 

Thank you. 

The CHAIRMAN. Thank you, Senator. 

We go now to the witness list. Again, I express our appreciation 

for your being here. And we’ll start with Mr. Troy Vincent, who is 

Executive Vice President of Football Operations, the National Football League. Welcome. 

STATEMENT OF TROY VINCENT, EXECUTIVE VICE PRESIDENT 

FOR FOOTBALL OPERATIONS, NATIONAL FOOTBALL LEAGUE 

Mr. VINCENT. Mr. Chairman and Members of the Committee, my 

name is Troy Vincent. I’m the Executive Vice President of Football 

Operations at the National Football League. I’m pleased to discuss 

the work we have underway at the NFL to address conduct standards, including domestic violence and sexual assault. We want to 

set the highest standards for personal behavior in order to meet 

the expectations of our fans, players, and those of the general 

broader public. 

In 2007, Commissioner Goodell issued an enhanced Personal 

Conduct Policy for all players, owners, and league employees. But 

as recent events made clear, we have not kept our standards current with our own values. We’ve made mistakes. We’ve been humbled. We accept the criticism we’ve received, and we are committed 

to being part of the solution. We will get this right. 

Mr. Chairman and committee, when I consider these issues, I 

bring a perspective far beyond an NFL executive. Domestic violence 

was a way of life in my home growing up. My brother and I 

watched helplessly numerous times as my mother was beaten and 

knocked unconscious as we dialed 911. We saw how she struggled 

to seek help and find the courage to say no more. The sense of fear 

7 

and the complexities accompanying this violence remain very real 

in my life today. 

I have committed my life’s work for the last 20 years as an advocate against domestic violence, in an effort to keep others from experiencing this lifetime pain. I relate to the 12 million victims, survivors of domestic violence, and sexual abuse in every community 

across our great nation. 

In addition, I had the honor and the privilege of playing in the 

National Football League for 15 years. Twelve of those years, I 

served as a union official. Four of those years, I served as the NFL 

Players Association president. I support the interest of all players 

in a fair process. I led those efforts. I know the majority of our current and former players are terrific husbands, fathers, and men 

who have made incredible contributions into their communities. 

Mr. Chairman, players know that league standards are not labor 

issues nor management issues. They’re issues that concern everyone. 

In 2007, the league and the players’ union worked closely together, collaborated in developing a Personal Conduct Policy. I was 

part of those efforts. And today, just as in the past, the league has 

invited the NFLPA along with other experts to assist us in setting 

the highest possible standards. 

The NFL is taking a number of steps to improve how we respond 

to incidents of domestic violence, child abuse, and sexual assault. 

First, through efforts personally led by the Commissioner, the 

NFL has undertaken a thorough review of our Personal Conduct 

Policy, having consulted with over l00 leading experts across a 

broad range of subjects. Our goal is a set of clear rules to govern 

accountability for misconduct, and to establish a fair process for 

our player and employee discipline. We will create a conduct committee responsible for review and recommend changes to the Personal Conduct Policy going forward. Experts will continue to advise 

both the conduct committee and the Commissioner, so that we always have the right voices at the table on both educational and disciplinary work. 

Second, we are deploying a comprehensive mandatory education 

program for the more than 5,000 men and women in the NFL family. Our goal is to ensure that everyone understands the full scope 

of this behavior and is familiar with the warning signs associated 

with these crimes. Education also promotes prevention. By standard intervention, how individuals can appropriately and safely help 

those at risk, is another key focus area of our education. 

Third, we’re training critical response teams to help prevent and 

respond quickly to family violence and sexual assault, including 

safety, medical, legal, and financial support. 

Fourth, we are supporting leading domestic violence and sexual 

assault awareness and prevention groups, including the National 

Domestic Violence Hotline and the National Sexual Violence Resource Center. 

Fifth and finally, we are raising awareness of the critical issues 

of domestic violence, child abuse, and sexual assault. In collaboration with the ‘‘No More’’ campaign and the Joyful Heart Foundation, the NFL is airing public service announcements during our 

games. Finally, we are promoting programs for those who play, 

8 

coach, and manage our games at all levels, including age-appropriate character development, healthy relationship education, as 

well as dating violence, domestic violence, child abuse, and sexual 

assault education. 

We’ve learned a great deal from our mistakes, and by listening 

to experts in the domestic violence, child abuse, and the sexual assault communities. The more we’ve listened, the more we’ve 

learned and become more aware of these complexities, both of the 

problem and the solutions. We’re working hard to balance the 

issues of a fair process with the goal of preventing and punishing 

these behaviors. 

Mr. Chairman and the Committee, we believe that wearing the 

uniform of an NFL player is a privilege. It is not a right. Every 

member of the NFL community must embrace this unique leadership role that we play in our society and the trust that you place 

in us. We look forward to working with the Committee to advance 

these goals I know we all share. 

Thank you for this opportunity. And Chairman, I thank you for 

your lifetime service in this area. 

[The prepared statement of Mr. Vincent follows:] 

PREPARED STATEMENT OF TROY VINCENT, EXECUTIVE VICE PRESIDENT FOR FOOTBALL

OPERATIONS, NATIONAL FOOTBALL LEAGUE

Mr. Chairman and Members of the Committee: 

My name is Troy Vincent, and I am the Executive Vice President for Football Operations at the National Football League. I am pleased to appear here this afternoon 

to discuss the work we are currently undertaking to address standards of personal 

conduct, with a particular focus on domestic violence and sexual assault. At the 

NFL, we want to set the highest goal for personal behavior in order to meet the 

expectations of our fans, players, and broader public. 

Shortly after he became Commissioner in 2007, Commissioner Goodell issued an 

enhanced Personal Conduct Policy to reinforce the high standards expected of all 

NFL players, owners, and league employees. But as deeply disturbing recent events 

made clear, we have not kept our standards current with our own values. We made 

mistakes, and we have been humbled by this experience. Much of the criticism of 

the league stems from a fundamental recognition of the NFL’s unique place in our 

society and the opportunity we have to project important values in ways that have 

a positive impact beyond professional football. We will get this right: we accept the 

criticism that we have received; and we are committed both to learn and to being 

part of the solution. 

Mr. Chairman, when I consider these issues, I bring perspectives beyond that of 

an NFL executive. 

Domestic violence was a way of life in my home growing up. As young boys, my 

brother and I watched helplessly numerous times as our mother was beaten, and 

we called 911 while she lay unconscious. We saw how she struggled to seek help, 

and find the voice and courage to say ‘‘no more.’’ The sense of fear, powerlessness, 

and all the complexities that accompany this violence remain very real for me today. 

I have worked for over 20 years as an advocate against domestic violence to try to 

help keep others from experiencing this pain. So I very much relate to the more 

than 12 million victims of domestic violence and sexual assault in every community 

in this nation, amongst every economic class and racial and ethnic group. This is 

not an issue limited to the NFL, or to professional sports. 

In addition, I was privileged myself to play in the National Football League for 

15 years. I relate to our current and former players, the vast majority of whom are 

terrific husbands, fathers, and men who make incredible contributions within their 

communities. We know that when one player engages in unacceptable conduct, it 

unfairly casts all of us in the League in the same light. Finally, for 12 years I served 

as a union officer, and four of those years I was President of the NFL Players Association. I support the interest all players have in a fair process. But I know full well 

that our players have no tolerance for these incidents, and that they in fact support 

high standards and enforcement. The players know that standards and integrity are 

9 

not labor issues or management issues—they are issues that concern everyone in 

our game. 

The 2007 version of the Personal Conduct Policy was developed and implemented 

by the League in close collaboration with players and their leadership, and it had 

the strong support of players and the union. I was part of those discussions. Today, 

the NFL has invited the NFLPA to join us again in setting the highest possible 

standards in our Personal Conduct Policy and to help us work to prevent this violence going forward. 

The NFL is taking a number of steps to improve how we respond to incidents of 

domestic violence, child abuse, and sexual assault involving our employees and personnel, which I would like to outline for you. 

First, the NFL is currently undertaking an intensive and exhaustive review of our 

Personal Conduct Policy, and we will implement changes soon. Our new Policy is 

being developed through an effort led personally by the Commissioner. I am a part 

of this project, as are other League officials and outside advisors with specific expertise in domestic violence, child abuse, and sexual assault, and legal process. Having 

consulted with over 100 leading experts throughout the country, we are evaluating 

every aspect of our approach to discipline and accountability for employees and players. Our goal is nothing less than a set of clear rules to govern accountability for 

misconduct and to establish a fair process for player and employee discipline. 

Our challenge, while not unique, is complex. Our policy is broader than what employers typically seek to cover, in the sense that it primarily addresses off the field, 

or out of workplace, conduct. We have engaged with others who are struggling with 

a similar task—including law enforcement and educational institutions—to share 

perspectives and look for best practices on how to prevent personal misconduct and 

respond when it does occur. 

Once the revised policies and procedures are in place, we will create a Conduct 

Committee of owners who will be responsible for regularly reviewing and recommending changes to the NFL’s personal conduct policy going forward, to ensure continual attention and revision when needed. Subject matter experts will continue to 

advise both the Conduct Committee and the Commissioner and his staff so that 

going forward we have the right voices at the table on both educational and disciplinary work. 

Second, we are deploying a comprehensive and mandatory education program for 

the more than 5,000 men and women in the NFL family. All league and team personnel—owners, players, coaches, and staff—are currently participating in broadbased domestic violence, child abuse, and sexual assault education, and the sessions 

are available to and highly encouraged for family members and loved ones. All 

teams will have participated in these sessions within the next two weeks. Education 

will continue on an ongoing basis for rookies and returning players, and specialized 

training for key responders will be rolled out as well. 

Our goal is to ensure that everyone understands the full scope of behavior that 

constitutes domestic violence, child abuse, and sexual assault and is familiar with 

the warning signs associated with these crimes. We also want to make sure everyone appreciates that they can help prevent this violence. Bystander intervention— 

how individuals can appropriately and safely help those at risk—is another key 

focus area of the education. The League also has identified resources that offer 

prompt and confidential assistance both within the organization and outside in the 

community to anyone in need. 

Third, we are training our existing Critical Response Teams to help prevent and 

to respond quickly to family violence and sexual assault. When a situation arises, 

these teams will focus on providing immediate assistance across the board—medical, 

legal, financial—to anyone in the NFL family, including spouses, significant others, 

or other family members, who experiences abuse. 

Fourth, we are supporting leading domestic violence and sexual assault awareness 

and prevention groups, including the National Domestic Violence Hotline and the 

National Sexual Violence Resource Center. Our support has allowed these organizations to expand their call volume capacity so that calls for assistance do not go unanswered. 

Fifth, we are raising awareness of the critical issues of domestic violence, child 

abuse, and sexual assault. In collaboration with the NO MORE campaign and the 

Joyful Heart Foundation, the NFL is airing public Service Announcements during 

every game broadcast, including a new PSA featuring current and former NFL players. More information can be found at www.nomore.org. 

Finally, we are promoting programs that develop the character of young people 

by developing age-appropriate character development, healthy relationship education as well as dating/domestic violence, child abuse, and sexual assault programming—for those who play, coach, or manage the game in college, high school, and 

10 

youth football programs. The League recently sent a video to thousands of high 

school coaches across the Nation to encourage them to engage in frank and frequent 

discussions of family violence and sexual assault with their players. The NFL Foundation will focus on the development of character education programs that will 

reach youth footballs players, as well as girls and boys, athletes and non-athletes 

alike. 

Mr. Chairman, in the past months, we have learned a great deal by our own mistakes, and by listening to experts in domestic violence, child abuse, and sexual assault—researchers, lawyers and judges, advocates, women’s rights groups, law enforcement, and campus presidents. The more we’ve listened, the more we’ve learned 

and, in turn, the more aware we are of the complexities of both the problems and 

the solutions. At the NFL, we are working hard to balance the issues of fair process 

with the goals of preventing and punishing this behavior. At the end of the day, 

we believe that wearing the uniform of an NFL player is a privilege, not a right. 

And every member of the NFL community must embrace the unique leadership role 

that we play in society and the trust that is placed in us. We look forward to working with the Committee to advance the goals I know we all share. 

Thank you for this opportunity to discuss this important subject. 

The CHAIRMAN. Thank you, Mr. Vincent. That was excellent testimony and honest. And it’s a good beginning. Thank you. 

Ms. Teri Patterson, Deputy Managing Director, National Football 

League Players Association. 

STATEMENT OF TERI PATTERSON, DEPUTY MANAGING 

DIRECTOR, NFL PLAYERS ASSOCIATION 

Ms. PATTERSON. Good afternoon, Mr. Chairman and members of 

the Committee. As stated, my name is Teri Patterson, and I serve 

as the Deputy Managing Director and Special Counsel of the NFL 

Players Association, whom I represent on the panel today. 

We greatly appreciate the Committee’s interest in the critical 

issue of domestic violence. We always welcome the opportunity to 

meet with any Members of the Committee to discuss the issues 

concerning our sport. We’ve seen in the past that the leadership of 

elected officials brought thoughtful and meaningful change to our 

sport, for example, in the area of concussions. We’ve worked with 

and supported members of this committee as they continued to 

push for better standards to protect athletes that participate in 

football on all levels. 

We’re here today to address your concerns surrounding domestic 

violence in professional sports. Just to be clear, neither our players 

nor the NFLPA condone domestic violence in any form. We understand the significance of our position, both for society at large and, 

more importantly, for the families and individuals involved. Any incident of domestic violence by any player is one too many, but it 

does not and should not reflect on the overwhelming majority of 

our members who contribute to their communities in countless 

ways. This week, for example, you’ll see players out in the community with many of your constituents and their children, as part of 

the ‘‘Play 60’’ campaign. 

We believe that a comprehensive system of education, prevention, intervention, and counseling will help us find solutions to lowering the instances of domestic violence that present themselves 

each and every year. Specifically related to our sport, we believe 

that those tools combined with fair and appropriate discipline is 

the best way to achieve the goals of preventing incidents of domestic violence and assisting those involved. Unfortunately, we’ve seen 

repeated instances where discipline under the Personal Conduct 

11 

Policy of the NFL, implemented unilaterally by its Commissioner, 

has failed to get us closer to those solutions. 

We’ve seen on more than one occasion when disciplinary matters 

are left solely to the NFL, the process is mismanaged and often the 

end result has not been able to withstand outside review. For example, in the bounty incident in New Orleans, the Commissioner’s 

unilaterally imposed discipline was overturned, not only by a system arbitrator, but also by a former NFL Commissioner who was 

tasked with reviewing the NFL’s actions. In the more recently imposed discipline of Ray Rice, the Commissioner’s arbitrary discipline was also overturned after further review by a former Federal judge appointed as a neutral arbitrator. This current system, 

run unilaterally by the NFL, simply does not work. It does not 

work for our members, and we’ve heard from your constituents as 

well, as I’m sure you have, who continue to express distrust and 

displeasure in the current system of discipline. 

So we’ve been tasked by our membership to find solutions and 

to collectively bargain with the NFL for a better process. Accordingly, in early October of this year, we established a Blue Ribbon 

Commission to advise us on matters of domestic violence prevention, intervention, and processes of discipline. I’ve included the 

names of the members of the commission in the submitted testimony and also their bios. We’re also fortunate and pleased to see 

that a member of our NFLPA commission, Ms. Virginia Seitz, is 

testifying at the hearing today. 

With the assistance of experts and community leaders, we have 

started a meaningful dialogue with our membership on ways to create programming and policy to address these societal issues. We requested that the NFL join with us in appointing the members of 

the commission and participating in the Commission’s work. The 

NFL declined to do so to date, but that did not stop us from moving 

ahead. 

But we cannot move ahead in bargaining by ourselves. We’ve attempted to engage the league in formal negotiations and bargaining to improve the Personal Conduct Policy and the processes 

by which it is to be administered. We provided the NFL with a fair 

proposal over a month ago, and despite the receipt of a letter response only this past Sunday, the NFL still refuses to commit to 

collective bargaining. We believe that a jointly bargained system is 

the only way to ensure that professional football’s approach to the 

issue of domestic violence has the credibility and effectiveness that 

the fans, the sport’s business partners, and our players have come 

to expect and respect, such as our comprehensive drug-related policies. 

We remain fully committed to addressing these issues in a meaningful way because that’s the only way we can ensure that change 

happens. We also remain ready to assist any Members of the Committee in improving the way domestic violence is addressed in our 

sport and in our country. 

Thank you again for your time, and we look forward to answering any questions you may have for us. 

[The prepared statement of Ms. Patterson follows:] 

12 

PREPARED STATEMENT OF TERI PATTERSON, DEPUTY MANAGING DIRECTOR, 

NFL PLAYERS ASSOCIATION

Good afternoon Mr. Chairman and members of the Committee. My name is Teri 

Patterson and I serve as the Deputy Managing Director of the NFL Players Association whom I represent here on the panel today. We greatly appreciate the Committee’s interest in the critical issue of domestic violence. We always welcome the opportunity to meet with any Members of the Committee to discuss the issues concerning our sport. We have seen in the past that the leadership of elected officials 

brought thoughtful and meaningful change to our sport, for example, concussions. 

We have worked with and supported members of this committee as they continued 

to push for better standards to protect athletes that participate in football on all 

levels. 

We are here today to address your concerns surrounding domestic violence in professional sports. Neither our players nor the NFLPA condone domestic violence in 

any form. We understand the significance of our position, both for society at large 

and more importantly, for the families and individuals involved. Any incident of domestic violence by any player is too many, but it does not and should not reflect 

on the overwhelming majority of our members who contribute to their communities 

in countless ways. This week, for example, you will see players out in the community with many of your constituents and their children, as part of the Play60 campaign. For more examples of the extraordinary things our players do in the community, particularly during this Holiday season, please visit this link: https:// 

nflpa.com/news/all-news/nfl-players-give-back-for-thanksgiving-2. 

We believe that a comprehensive system of education, prevention, intervention, 

and counseling will help us find solutions to lowering the instances of domestic violence that present themselves each and every year. Specifically related to our sport 

we believe that those tools combined with fair and appropriate discipline is the best 

way to achieve the goals of preventing incidents of domestic violence and assisting 

those involved. Unfortunately we have seen repeated instances where discipline 

under the Personal Conduct Policy of the NFL, implemented unilaterally by its 

Commissioner, has failed to get us closer to those solutions. 

We have seen on more than one occasion when disciplinary matters are left solely 

to the NFL, the process is mismanaged and often the end result has not been able 

to withstand outside review. For example, in the ‘‘Bounty’’ incident in New Orleans, 

the Commissioner’s unilaterally imposed discipline was overturned not only by a 

system arbitrator but also by a former NFL Commissioner who was tasked with reviewing the NFL’s actions. In the more recently imposed discipline of Ray Rice, the 

Commissioner’s arbitrary discipline was also overturned after further review by a 

former Federal judge appointed as a neutral arbitrator. The current system, run 

unilaterally by the NFL, simply does not work. It does not work for our members 

but we have heard from your constituents as well as I am sure you have that continue to express distrust and displeasure in the current system of discipline. 

So we have been tasked by our membership to find solutions and to collectively 

bargain with the NFL for a better process. Accordingly, in early October of this year, 

we established a Blue Ribbon Commission to advise us on matters of domestic violence prevention, intervention and processes of discipline. Members of that commission are as follows: 

Deborah Epstein 

Professor of Law and Director of the Domestic Violence Clinic 

Georgetown Law School 

Sue Else 

CEO 

Girl Scouts of Historic Georgia 

**Former President and CEO of the National Network to End Domestic Violence, Inc. 

Steve Stenstrom 

President 

Professional Athletes Outreach 

**Former Player 

John Jenkins 

Pastor 

First Baptist Church of Glenarden 

Joshua DuBois 

Founder 

Values Partnerships 

13 

Kathy Ruemmler 

Partner 

Latham & Watkins 

**Former White House Counsel to Presidents Clinton and Obama 

Virginia Seitz 

Partner 

Sidley Austin 

**Former USDOJ Assistant Attorney General of the Office of Legal Counsel 

Billy Dexter 

Partner, Global Diversity Advisory Services Practice 

Heidrick & Struggles 

We submit, at this time for the record along with this testimony, the full biographical information on the members of our commission for your review. We 

pleased to see that a member of our NFLPA Commission, Virginia Seitz, will be testifying at the hearing today. With the assistance of experts and community leaders, 

we have started a meaningful dialogue with our membership on ways to create programming and policy to address these societal issues. We requested that the NFL 

join with us in appointing the members of the Commission and participating in the 

Commission’s work. The NFL declined to do so but that did not stop us from moving 

ahead. 

But we cannot move ahead in bargaining alone. We have attempted to engage the 

NFL in formal negotiations and bargaining to improve the Personal Conduct Policy 

and the processes by which it is to be administered. We provided the NFL with a 

fair proposal over three weeks ago and despite the receipt of a letter response only 

this past Sunday, November 30, 2014, the NFL still refuses to commit to collective 

bargaining. We believe that a jointly bargained system is the only way to ensure 

that professional football’s approach to the issue of domestic violence has the credibility and effectiveness the fans, the sport’s business partners, and our players have 

come to expect and respect such as our comprehensive drug related policies. 

We remain fully committed addressing these issues in a meaningful way because 

that is the only way we can ensure change happens. We also remain ready to assist 

any Members of the Committee in improving the way domestic violence is addressed 

in our sport and in our country. Thank you again for your time and we look forward 

to answering any questions you may have for us. 

NFLPA COMMISSION—BIOGRAPHIES

Experts, Clinicians and Educators—Education, Prevention Tactics and 

Resources 

Deborah Epstein, Professor of Law, Director of Domestic Violence Clinic and 

Associate Dean of Clinical Education and Public Interest and Community 

Service Programs, Georgetown Law School 

Prior to joining the law faculty, Professor Epstein practiced at the civil rights firm 

of Bernabei & Katz, representing plaintiffs in sex discrimination suits, and clerked 

for Eastern District of Pennsylvania Judge Marvin Katz. From 1994–96, Professor 

Epstein co-chaired a multi-disciplinary effort to create a new Domestic Violence Unit 

within the D.C. Superior Court that fundamentally restructured the way that the 

local justice system handles civil and criminal family abuse matters. Until 2001, she 

co-directed the D.C. Superior Court’s Domestic Violence Intake Center and directed 

the Emergency Domestic Relations Project, a public interest organization providing 

legal and educational services to indigent victims of intimate abuse. She is a member of the Mayor’s Commission on Violence Against Women, the D.C. Domestic Violence Fatality Review Team, the D.C. Domestic Violence Coordinating Council, and 

has served on the Board of Directors of the D.C. Coalition Against Domestic Violence. 

She is the author of several publications in the areas of domestic violence and sexual harassment law. 

Sue Else, Former President and CEO of the National Network to End Domestic 

Violence, now CEO of the Girl Scouts of Historic Georgia, Inc. 

After volunteering at a battered women’s shelter, Ms. Else later secured a job at 

the shelter and went on to become its executive director. Ms. Else later moved to 

Kansas City, Mo., where she served as the President and CEO of Hope House for 

18 years. Under her leadership, the organization grew from 13 staff members and 

a five-bedroom bungalow to more than 70 staffers and two shelters with beds for 

up to 104 women and children. 

14 

In 2006, she became the President of the National Network to End Domestic Violence in Washington, D.C. During her seven-year tenure there, she brought national 

attention to the cause, expanded the agency’s reach, oversaw the development of a 

curriculum that has since been implemented in 32 states and served as the national 

spokesperson, appearing on ‘‘Good Morning America,’’ ‘‘Dr. Phil,’’ CNN, NPR and 

other media outlets. 

Faith-based Advisors 

Steve Stenstrom, Former Player, President of Professional Athletes Outreach 

Mr. Stenstrom comes to PAO from his ministry to students on the campus of 

Stanford University. Mr. Stenstrom has a passion for connecting with and mentoring others, and developing their God-given potential. Mr. Stenstrom is also a Bay 

Area regional coach of The Master’s Program, a leadership mentoring program for 

Christian business and ministry leaders. He has a passion for God’s Word, and his 

experiences in the business and sports worlds offer a unique and exciting outlook 

for PAO’s future. 

John Jenkins, Pastor, First Baptist Church of Glenarden 

Pastor John K. Jenkins Sr. is senior pastor of First Baptist Church of Glenarden 

in Maryland. He became a licensed minister in 1973 at the age of 15 and has an 

honorary Doctorate of Divinity from Southern California School of Ministry in 

Inglewood, California. Pastor Jenkins, founded First Baptist Church of Glenarden 

SHABACH! Ministries, Inc., a 501 (c)(3) arm of the church and serves as its chairman emeritus, which provides clothing, food, education and other resources to more 

than 11,000 people in the Washington, D.C. area. In addition to his role at First 

Baptist, he is a trustee at Bethel University and board chairman for Project Bridges 

and The Skinner Institute. Furthermore, he sits as a board member for the Greater 

Prince George’s Business Roundtable and National Association of Evangelicals. In 

the past he served as vice president/executive director of National Ministries with 

Converge Worldwide and was on the boards of Great Dads and Teen Challenge. 

Joshua DuBois, Founder of Values Partnerships 

Joshua DuBois is the best-selling author of The President’s Devotional, a compilation of the devotionals which he sends President Obama. He is also the Founder of 

Values Partnerships, which works with foundations, nonprofits and private companies to create partnerships with the faith communities and grassroots initiatives. 

Prior to founding Values Partnerships, Mr. DuBois was a Special Assistant to President Obama and Executive Director of the White House Office of Faith-Based and 

Neighborhood Partnerships. In this capacity, Mr. DuBois facilitated the Obama Administration’s engagement of faith-based organizations around the country. 

Judges and Attorneys—Due Process, Fairness and Discipline 

Kathy Ruemmler, Partner at Latham & Watkins, Formerly President Obama’s Chief 

Counsel, Formerly Principal Associate Deputy Attorney General 

Ms. Ruemmler is a Partner at Latham and Watkins in the Litigation Department 

and the global Co-chair of the White Collar Defense and Investigations Practice. As 

President Obama’s chief lawyer, Ms. Ruemmler was one of his most senior advisors, 

providing strategic advice on all legal matters. Prior to the four and a half years 

Ms. Ruemmler was in the White House, she served as the Principal Associate Deputy Attorney General at the Department of Justice, joining the Justice Department 

on the first day of the Obama Administration as its highest-ranking political appointee. 

Virginia Seitz, Former USDOJ Assistant Attorney General for the Office of Legal 

Counsel, now Partner at Sidley Austin 

Ms. Seitz specializes in constitutional law, labor law, employment law and administrative law and recently returned to the partnership at Sidley in DC in the firm’s 

Supreme Court and Appellate practice. Following her nomination by President 

Obama and Senate confirmation, Ms. Seitz was sworn in as Assistant Attorney General for the Office of Legal Counsel in September 2011 and served through December 

2013. As the leader of the Office of Legal Counsel, Virginia was responsible for providing legal advice to the President and Executive Branch departments and agencies 

on issues of particular difficulty and importance, including those issues on which 

there was a dispute between Federal agencies. 

15 

Successful Business Leaders—Leadership, Education and Implementation 

Billy Dexter, Partner and Member of Global Diversity Advisory Services 

Billy Dexter has been a leader in talent acquisition and diversity/inclusion related 

efforts for more than 20 years. He is a partner with Heidrick & Struggles and is 

a member of the global Diversity Advisory Services Practice that assists clients in 

creating diverse leadership teams. Prior to joining Heidrick & Struggles, Billy was 

executive vice president and chief diversity officer of MTV Networks, a Viacom company. 

The CHAIRMAN. Thank you very much, Ms. Patterson. I just have 

to note at this point that there was an enormous amount of pressure coming from many directions, not necessarily the folks at the 

witness table but the folks that you work with, for us not to have 

this hearing. We went ahead anyway, so not everything is—this 

openness is not as commonly held a process as I would like. 

Mr. Joe Torre, who is Executive Vice President of Baseball Operations of Major League Baseball. Welcome. 

STATEMENT OF JOE TORRE, EXECUTIVE VICE PRESIDENT OF 

BASEBALL OPERATIONS, MAJOR LEAGUE BASEBALL 

Mr. TORRE. Thank you, Mr. Chairman. Good afternoon, Chairman Rockefeller, Senator Thune, and members of the Committee. 

I’m Joe Torre, Executive Vice President of Baseball Operations for 

Major League Baseball. I want to thank you for the opportunity to 

discuss the efforts we are undertaking to address the issues of domestic violence and sexual assault. 

The subject matter of this hearing is personally important to me. 

As a person whose childhood was touched by domestic violence, I 

have come to understand that discussing the issue publicly has the 

potential to help millions of victims who believe that they must suffer in silence. In 2002, my wife Ali and I formed the Safe at Home 

Foundation to create educational programs aimed at ending the 

cycle of domestic violence. And I’m proud to say that we’ve reached 

close to 50,000 youngsters in that time. 

Through my work in this area, including co-chairing the Attorney 

General’s Task Force on Children Exposed to Violence, I have had 

the opportunity to work with some truly outstanding individuals 

who have devoted their lives to working toward solving the issue 

of domestic violence in this country. 

Commissioner Selig has instilled in our sport the understanding 

that Major League Baseball is a social institution, and as our national pastime, has an obligation to set a positive example. The 

Commissioner and I deplore domestic violence and crimes against 

women and families. We recognize the clear public expectation for 

the professional sports leagues to be leaders in addressing this social ill. Some of our clubs already have taken a leading role in this 

issue. For example, the Seattle Mariners have partnered with the 

Washington State Coalition Against Domestic Violence on a statewide educational initiative called ‘‘Refuse to Abuse.’’ 

Going forward, the Commissioner has instructed his staff to develop a stand-alone policy to address domestic violence and sexual 

assault prior to the upcoming season. Although we are in the midst 

of developing this policy, I would like to explain to the Committee 

what we have done thus far and what we hope to do in the next 

few months. 

16 

Since September 2014, as part of our education process, representatives of Major League Baseball have met with over a dozen 

national and local organizations focused on addressing domestic violence and violence against women, and/or providing services and 

support to victims. Representatives from those groups consistently 

told us that, while they were obviously unsettled by the recent incidents of domestic violence in professional sports, they believe that 

those incidents have shined a light on an issue often in the shadows. They believe, and we agree, that sports leagues can make a 

difference. 

We have begun selecting a variety of organizations to serve on 

a joint MLB/MLBPA steering committee that will develop education and training materials for players, staff, and their families. 

Some of these initiatives include posting informational materials at 

Major League and Minor League ballparks and publicizing contact 

information for confidential hotlines and shelters. MLB intends to 

develop educational programs at each club specifically designed for 

the families and intimate partners of players. We also are developing protocols that our clubs must follow in response to domestic 

violence or sexual assault incidents that will include appropriate 

measures to ensure the safety of affected individuals, providing 

confidential counseling and treatment for victims, and providing 

counseling and intervention for perpetrators. 

Major League Baseball has selected a San Francisco-based group 

called ‘‘Futures Without Violence’’ to help us develop and implement training and education programs for all of our players. Futures has been partnering with the San Francisco Giants on these 

important issues for more than a decade. Futures has arranged for 

Dr. Linda Chamberlain to speak with the medical staffs of our 

clubs at MLB’s Winter Meetings in San Diego this coming weekend. Dr. Chamberlain founded the ‘‘Alaska Family Violence Prevention Project,’’ and will be speaking to our club medical staffs on a 

trauma-informed approach to addressing domestic violence. 

In January 2015, the top prospects in baseball will be educated 

on domestic violence and sexual assault during MLB’s annual 

Rookie Career Development Program. Beginning with MLB spring 

training this February, every major and minor league player will 

be educated on issues relating to domestic violence and sexual assault by Futures and other organizations, including: Mentors in Violence Prevention, Men Can Stop Rape, A Call to Men, and Casa 

De Esperanza. The staffs of MLB clubs and the Commissioner’s office also will be educated. 

The Commissioner understands that an important component of 

any policy covering domestic violence and sexual assault is appropriate discipline for players who engage in this conduct. Presently, 

the Commissioner has the authority, under MLB’s Collective Bargaining Agreement with the Players Association, to discipline players for just cause and for conduct that is materially detrimental or 

materially prejudicial to the best interests of baseball including, 

but not limited to, engaging in conduct in violation of Federal, 

state, or local law. 

Under a just cause standard, the Commissioner’s office is required to prove a violation by a player at an evidentiary hearing 

before a neutral arbitrator, which can be difficult in the absence of 

17 

a conviction or a plea, or without cooperating witnesses or tangible 

evidence regarding the conduct. In addition, our arbitrators in the 

past have been less inclined to uphold severe discipline under a 

just cause standard for off-field conduct that does not impact the 

player’s ability to perform. 

MLB has proposed revisions to its disciplinary policy covering 

MLB players that would make it easier for the Commissioner to 

impose an appropriate level of discipline on players who commit 

acts of domestic violence or sexual assault, and have that discipline 

be upheld in arbitration. MLB does not have the right to insist on 

any changes to player discipline until its current Collective Bargaining Agreement with the Players Association expires in December of 2016. However, we are hopeful that we will come to an 

agreement with the Players Association prior to the start of next 

season on a disciplinary policy specifically tailored to domestic violence and sexual assault. 

As we told our owners two weeks ago, Major League Baseball is 

committed to developing a culture in which its athletes implicitly 

understand their moral obligation, as both men and role models, to 

speak out and act against crimes against women and families. We 

fully understand that educating over 4,000 players from diverse 

backgrounds on an issue that many of them have not previously 

considered is not an easy undertaking. However, we intend to devote the time and the resources necessary to accomplish just that. 

Thank you, Mr. Chairman. 

[The prepared statement of Mr. Torre follows:] 

PREPARED STATEMENT OF JOE TORRE, EXECUTIVE VICE PRESIDENT OF BASEBALL

OPERATIONS, MAJOR LEAGUE BASEBALL

Chairman Rockefeller, Senator Thune, and members of the Committee, I am Joe 

Torre, Executive Vice President of Baseball Operations for Major League Baseball. 

On behalf of Major League Baseball, I thank you for the opportunity to discuss the 

efforts that we are undertaking to address the issues of domestic violence and sexual assault. 

The subject matter of this hearing is personally important to me. As a person 

whose childhood was touched by domestic violence, I have come to understand that 

discussing the issue publicly has the potential to help millions of victims who believe that they must suffer in silence. In 2002, my wife Ali and I formed the ‘‘Safe 

at Home’’ Foundation to create educational programs aimed at ending the cycle of 

domestic violence. I consider it one of my proudest accomplishments in my career. 

Through my work in this area, including co-chairing the Attorney General’s Task 

Force on Children Exposed to Violence, I have had the opportunity to work with 

some truly outstanding individuals who have devoted their lives to working toward 

solving the issue of domestic violence in this country. 

Commissioner Selig has instilled in our sport the understanding that Major 

League Baseball is a social institution, and as our national pastime, has an obligation to set a positive example. The Commissioner and I deplore domestic violence 

and crimes against women and families. We recognize the very clear public expectation for professional sports leagues to be leaders in addressing this social ill. Some 

of our Clubs already have taken a leading role in this issue. For example, the Seattle Mariners have partnered with the Washington State Coalition Against Domestic Violence on a state-wide educational initiative called ‘‘Refuse to Abuse.’’ 

Going forward, the Commissioner has instructed his staff to develop a stand-alone 

policy to address domestic violence and sexual assault prior to the 2015 baseball 

season. Although we are in the midst of developing this policy, I would like to explain to the Committee what we have done thus far and what we hope to do in the 

next few months. 

Since September 2014, as part of our education process, representatives of Major 

League Baseball have met with over a dozen national and local organizations focused on addressing domestic violence and violence against women, and/or providing 

18 

services and support to victims. Representatives from those groups consistently told 

us that while they were obviously unsettled by the recent incidents of domestic violence in professional sports, they believe that those incidents have shined a light 

on an issue often in the shadows. They believe, and we agree, that sports leagues 

can make a difference. 

We have begun selecting a variety of organizations to serve on a joint MLB– 

MLBPA steering committee that will develop education and training materials for 

players, staff and their families. Some of these initiatives include posting informational materials at Major and Minor League ballparks, and publicizing contact information for confidential hotlines and shelters. MLB intends to develop educational 

programs at each Club specifically designed for the families and intimate partners 

of players. We also are developing protocols that our Clubs must follow in response 

to domestic violence or sexual assault incidents that will include appropriate measures to ensure the safety of affected individuals, providing confidential counseling 

and treatment for victims, and providing counseling and intervention for perpetrators. 

Major League Baseball has selected a San Francisco-based group called Futures 

Without Violence (‘‘Futures’’) to help us develop and implement training and education programs for all of our players. Futures has been partnering with the San 

Francisco Giants on these important issues for more than a decade. Futures has arranged for Dr. Linda Chamberlain to speak with the medical staffs of our Clubs at 

MLB’s Winter Meetings in San Diego this coming weekend. Dr. Chamberlain founded the Alaska Family Violence Prevention Project, and will be speaking to our Club 

medical staffs on a ‘‘trauma-informed approach’’ to addressing domestic violence. 

In January 2015, the top prospects in baseball will be educated on domestic violence and sexual assault during MLB’s annual Rookie Career Development Program. Beginning with MLB spring training this February, every Major and Minor 

League player will be educated on issues relating to domestic violence and sexual 

assault by Futures, and other organizations including Mentors in Violence Prevention, Men Can Stop Rape, A Call to Men, and Casa De Esperanza. The staffs of 

MLB Clubs and the Commissioner’s Office also will be educated. 

The Commissioner understands that an important component of any policy covering domestic violence and sexual assault is appropriate discipline for players who 

engage in this conduct. Presently, the Commissioner has the authority under MLB’s 

collective bargaining agreement with the Players Association to discipline players 

for ‘‘just cause’’ for conduct that is materially detrimental or materially prejudicial 

to the best interests of Baseball including, but not limited to, engaging in conduct 

in violation of federal, state or local law. Under a ‘‘just cause’’ standard, the Commissioner’s Office is required to prove a violation by a player at an evidentiary hearing before a neutral arbitrator, which can be difficult in the absence of a conviction 

or plea, or without cooperating witnesses or tangible evidence regarding the conduct. 

In addition, our arbitrators in the past have been less inclined to uphold severe discipline under a ‘‘just cause’’ standard for off-field conduct that does not impact the 

player’s ability to perform. 

MLB has proposed revisions to its disciplinary policy covering MLB players that 

would make it easier for the Commissioner to impose an appropriate level of discipline on players who commit acts of domestic violence or sexual assault, and have 

that discipline be upheld in arbitration. MLB does not have the right to insist on 

any changes to player discipline until its current collective bargaining agreement 

with the MLBPA expires in December 2016. However, we are hopeful that we will 

come to an agreement with the MLBPA prior to the start of next season on a disciplinary policy specifically tailored to domestic violence and sexual assault. 

As we told our owners two weeks ago, Major League Baseball is committed to developing a culture in which its athletes implicitly understand their moral obligation 

as both men and role models to speak out and act against crimes against women 

and families. We fully understand that educating over 4,000 players from diverse 

backgrounds on an issue that many of them have not previously considered is not 

an easy undertaking. However, we intend to devote the time and the resources necessary to accomplish just that. 

The CHAIRMAN. Thank you, Mr. Torre. 

It was my mistake that I did not say at the beginning of this 

hearing that we face two challenges. One, we have generally a rule 

that witnesses can speak for 5 minutes or less but not more, and 

second, we have votes starting at 4 o’clock. So that puts pressure 

on all of us to get on with it. 

19 

Ms. Virginia Seitz, Outside Counsel, Major League Baseball 

Players Association. What is an outside counselor? Are you a part 

of them, or do you advise them, or what? 

Ms. SEITZ. I advise them, and I’ve been doing it for the past 25 

years. I’ve been Outside Special Counsel for most of the last 25 

years to the Major League Baseball Players Association. 

The CHAIRMAN. But they couldn’t make it. 

Ms. SEITZ. Well, I’m testifying on behalf of the Association’s Executive Director, Tony Clark. He couldn’t attend today, because he 

is right now chairing MLBPA’s annual Executive Board meeting. 

And it will not surprise you to hear that one of the major topics 

at that meeting that’s under discussion today and tomorrow is, in 

fact, domestic violence and the work the Association has been doing 

this fall to address domestic violence. 

The CHAIRMAN. Please proceed with your testimony and the 

time—— 

Ms. SEITZ. I will attempt to be brief. 

The CHAIRMAN. You don’t need to be. That time is mine. You 

have your full 5 minutes. 

STATEMENT OF VIRGINIA SEITZ, OUTSIDE COUNSEL, MAJOR 

LEAGUE BASEBALL PLAYERS ASSOCIATION 

Ms. SEITZ. This fall, the Players Association has been working 

with Major League Baseball to examine our current program addressing domestic violence, which only covers players, in light of recent events. We’ve been considering how it needs to be modified 

and perhaps folded into a program for the entire baseball family 

that’s based on accountability, consequences, and fairness. 

Back in 2011, the Players Association and Major League Baseball negotiated and implemented a policy that addresses off-field 

violent conduct, including domestic violence, in two ways. It provides for both therapeutic intervention and for discipline in cases 

of inappropriate and unlawful conduct. 

With respect to the first, under our Joint Treatment Program, we 

utilize medical professionals all around the country to design therapeutic treatments for players who are charged with domestic violence-related crimes. Based on our understanding of domestic violence, we had moved away from a one-size-fits-all approach in favor 

of an individualized evaluation and case-by-case treatment for the 

player and the family involved. 

With respect to discipline, as Mr. Torre described, the program 

gives the Commissioner of Baseball or the employer club the authority to discipline a player where an act of domestic violence has 

been alleged. Under the Collective Bargaining Agreement, a player 

may be disciplined for just cause for any conduct materially detrimental or materially prejudicial to the best interests of baseball including any conduct that violates Federal, state, or local law. It’s 

critically important, from the association’s point of view, that discipline be imposed for just cause and that it be subject to review 

before a neutral arbitrator. 

In addition to the program just described, the Association maintains its own clinical psychiatrist on staff. He’s well-known and frequently meets with players on a confidential basis to address mental health issues as they arise, including those that might lead to 

20 

violence. This part of the Association’s program reflects its belief 

that the most effective treatment is that which happens before violence can occur. 

In sum, under our current program, a player may be disciplined, 

may undergo treatment developed by licensed professionals, and 

may seek help through our own clinical psychiatrist. We recognize, 

however, that more can be done, and so this fall, we have begun 

a dialogue with MLB about modifications and improvements to our 

program. That includes, first, an enhanced public relations program to promote the understanding and eradication of domestic violence in our society. Second, an improved educational and therapeutic program for Major League Baseball players and their families, so that potential issues can be addressed in an appropriate 

and confidential manner before violence occurs and so that all are 

aware of resources that can provide assistance and prevent harm. 

And third, possible changes to the existing disciplinary structure 

for domestic violence offenses. 

Like many organizations, the MLBPA has devoted an extraordinary amount of time and effort this fall to consulting with a wide 

range of experts and expert organizations in the domestic violence 

area. We have learned that there is no one simple solution, no one 

easy answer, but we hope that by working with the experts and 

gathering their recommendations, we can develop a more effective 

program for all of baseball and become a credible voice in the ongoing national dialogue about how to end domestic violence. 

Mr. Chairman, thank you again for this opportunity. I’ll be 

happy to answer any questions you might have. 

[The prepared statement of Ms. Seitz follows:] 

PREPARED STATEMENT OF VIRGINIA SEITZ ON BEHALF OF THE MAJOR LEAGUE

BASEBALL PLAYERS ASSOCIATION

Mr. Chairman, members of the Committee, my name is Virginia Seitz, and for 

much of the last 20 years, I have served as outside counsel to the Major League 

Baseball Players Association (MLBPA). I am testifying on behalf of the Association 

and the Association’s Executive Director, Tony Clark, who could not attend today. 

As you know, Mr. Clark is chairing the MLBPA’s annual Executive Board meeting 

as we speak. Not surprisingly, one of the topics Mr. Clark is discussing with our 

members at that meeting is the same topic we are here to discuss today—Domestic 

Violence. 

This fall, the Players Association has been working with Major League Baseball 

(MLB) to determine whether our current program addressing domestic violence, 

which only covers players, is sufficient in light of recent events, or whether it needs 

to be modified and folded in with a program that could be a solution for the entire 

baseball family—players, coaches, managers, club officials, union and league officials and owners. 

As Mr. Clark observed in a recent response to the House Committee on Energy 

and Commerce, domestic violence is an enormous problem for our Nation. It cuts 

across all lines of class, race, income, profession, and gender. Its reach is not limited 

to the locker room. According to the National Network to End Domestic Violence 

(the Network), one in three women have experienced rape, physical violence or 

stalking by an intimate partner in their lifetime. Other experts report that more 

than three women are murdered by their husbands and boyfriends in the United 

States every day. One in three female homicide victims in cases reported to the police are killed by an intimate partner. Domestic violence costs employers in the 

United States approximately $13 billion each year and, tragically, between 25 percent and 50 percent of victims of domestic violence become unemployed. 

On a single day in West Virginia last year, according to the Network, 65 children 

and 90 adults found refuge in emergency shelters or transition housing provided by 

local domestic violence programs. 276 adults and children received non-residential 

assistance and services related to domestic violence. In South Dakota, comparable 

21 

figures were 99 children and 82 adults finding refuge in emergency shelters or transitional housing, and 124 adults and children receiving non-residential assistance. 

Again, this was in one day. Clearly, domestic violence is a national crisis. 

The Players Association and MLB have already negotiated and implemented in 

2011 a policy that addresses off-field violent conduct—including domestic violence— 

and it provides for both therapeutic intervention and the possibility of discipline in 

cases of inappropriate and/or illegal conduct. The parties’ existing Joint Treatment 

Program (herein ‘‘the Program’’) engages qualified medical professionals from 

around the country who are given wide latitude to design therapeutic treatment programs geared, where necessary, to attempt to rehabilitate Players who are charged 

with domestic violence-related crimes. The existing Program also gives the Commissioner of Baseball or the employer Club authority to discipline a Player where an 

act of domestic violence has been alleged—subject to the critical ability of the Player 

and the Association to challenge (if they so choose) that discipline before a neutral 

arbitrator. The adoption of this Program shows that Player conduct policies can and 

should be the product of arms-length collective bargaining, and it is against that 

backdrop that the parties have returned to the bargaining table to see if our Program can be improved. 

A few specifics on the treatment options offered under our current Program: The 

Program provides that the MLB/MLBPA Treatment Board, a joint enterprise originally created by the parties under the auspices of baseball’s joint drug testing program, is responsible for designing and supervising individualized therapeutic treatment programs for Players who have engaged in off-field violent conduct, including 

domestic violence or sexual assault. Referrals to the Treatment Board are mandatory when, among other things, ‘‘a Player is charged by law enforcement authorities 

with a crime involving the use of physical force or violence, including but not limited 

to, sexual assault, domestic violence, resisting arrest, battery, and assault.’’ 

The parties thus have eschewed a one-size-fits-all approach in favor of individualized evaluation and treatment on a case-by-case basis. Any Player referred to the 

Treatment Board is evaluated by a neutral expert to determine whether he could 

benefit from a counseling-based treatment program and, if so, which type of program would be most effective. The deliberations of the Treatment Board are completely confidential, and the Board members work collaboratively to design a therapeutic model that is most appropriate for the Player, and family, involved. 

Once a treatment program has been developed for an individual Player, participation thereafter is voluntary and a Player is not subject to discipline for failing to 

participate. Nevertheless, Players are incentivized to cooperate because, where discipline has been or may be imposed, a Player’s participation in a treatment program 

established through the MLB/MLBPA Treatment Board must be considered by the 

arbitrator as a mitigating factor in any disciplinary challenge. 

As for discipline, baseball’s current labor agreement contemplates the potential for 

discipline when a Player commits an act of domestic violence or sexual assault. Our 

Collective Bargaining Agreement provides as a general matter that a Player ‘‘may 

be subjected to disciplinary action for just cause by his Club. . .or the Commissioner,’’ and also more specifically that ‘‘Players may be disciplined for just cause 

for conduct that is materially detrimental or materially prejudicial to the best interests of baseball including, but not limited to, engaging in conduct in violation of 

Federal, state or local law.’’ The key phrase in these provisions from the Association’s point of view is of course ‘‘just cause.’’ The just cause standard is a cornerstone of American labor-management relations, and is particularly salient in the 

context of alleged domestic violence by professional athletes, where the high visibility and sensitivity of each incident demands a commitment to deliberation, consistency, reasonableness and fundamental fairness that, as recent events have 

shown, can prove elusive. 

But, Mr. Chairman, as you know, domestic violence does not always result in the 

filing of a police report or the airing of a video, and the best policies are the ones 

that address root causes before violence occurs. Therefore, in addition to the Program described above, the Association maintains its own clinical psychiatrist on 

staff, who frequently meets with Players on a confidential basis to address mental 

health issues as they arise. Where necessary, he refers Players to other specialists 

and/or to practitioners in the Player’s home city and/or the city where the Player 

resides in the off-season. The Association’s program reflects its belief that the most 

effective treatment is that which happens before the violence occurs. 

In sum, Mr. Chairman, under our current program, a Player may be disciplined, 

may undergo treatment developed by licensed professionals and may seek help on 

his own through our own clinical psychiatrist. We recognize, however, that this may 

not be enough. Obviously, more can be done with regard to education, public outVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00025 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\96245.TXT JACKIE
22 

reach and awareness, for victims, for families and for all who are involved in or 

touched by our sport. 

Consequently, starting this fall, we have begun a dialogue with MLB about possible modifications or improvements to our current program. Although the precise 

content of these ongoing discussions is confidential, there are three main elements 

under consideration: 

(1) an enhanced public relations program that would help to promote an understanding for, and an eradication of, domestic violence in our society; 

(2) an education and improved therapeutic intervention program for Major 

League Baseball Players and their families so that potential issues can be better addressed in an appropriate and confidential manner before violence occurs; and 

(3) possible changes to the existing disciplinary structure for domestic violence offenses. 

Like many organizations, the MLBPA has devoted an extraordinary amount of 

time and effort this fall to consulting with a wide range of experts and groups in 

the domestic violence area. We have met with national and local groups who are 

involved with the domestic violence issue both on the policy and the treatment levels. We have interviewed practitioners and groups with an eye towards providing 

additional education, training and resources for the Players and their families in the 

months to come—whether or not we ultimately agree with MLB on a new, comprehensive domestic violence policy. 

From these discussions, we have come to appreciate better the myriad issues involved with domestic violence, and the needs, fears, and hopes of all who are impacted. Finding effective solutions that can actually help those who are victimized— 

as opposed to focusing exclusively on punishing the perpetrators—is not always 

easy. There is no one simple solution, no one easy answer. 

It is our hope that by working with experts in the field and by gathering the recommendations of the best and the brightest, we can develop a more effective, more 

comprehensive program for all of baseball. If we can, we will then be able to offer 

a credible voice to the ongoing national dialogue about how best to end domestic violence. 

Mr. Chairman, thank you again for this opportunity, and I would be happy to answer any questions you may have about our program or the objectives of the Major 

League Baseball Player Association. 

The CHAIRMAN. Thank you very much, Ms. Seitz. 

Ms. Kathleen Behrens, Executive Vice President, Social Responsibility and Player Programs, the National Basketball Association. 

Please proceed. 

STATEMENT OF KATHY BEHRENS, EXECUTIVE VICE 

PRESIDENT, PLAYER PROGRAMS AND SOCIAL 

RESPONSIBILITY, NATIONAL BASKETBALL ASSOCIATION 

Ms. BEHRENS. Thank you, Mr. Chairman, Senator Thune, and 

Members of the Committee. I appreciate your inviting us to this 

hearing today. 

My written testimony has been submitted to the Committee, so 

I will certainly try to be brief in the interest of time. We share your 

view, however, that a hearing like this is certainly helpful and expect that it will generate not only thought, but action, and that can 

certainly help all of us at this table. 

I am the NBA’s Executive Vice President for Social Responsibility and Player Programs, and as such, I oversee all of our community programs and partnerships as well as all of our educational 

efforts with our players. Our Commissioner, Adam Silver, regrets 

that he is not able to be here today, but he had a long-standing 

commitment to lead a group of NBA owners and executives on a 

trip to India this week. 

23 

Like the Committee and like others who already have spoken we 

have taken a fresh look at all of our programs, policies, and educational efforts in this area over the course of the last few months, 

and we have determined through our work, especially in partnership with the Players Association, that there is more that we can 

and should be doing to better educate our players and to help prevent domestic violence from occurring in the first place. We work 

closely with the Players Association on all of our educational programs for players and have determined that this year we need to 

do even more. 

We’ll be doing new awareness and educational sessions with our 

players, with player’s family members, and with team and league 

staff, to help raise awareness, inspire leadership, and hopefully 

prevent domestic violence from happening within the NBA family. 

At the same time, we know that discipline is part of the process 

as well, and our Collective Bargaining Agreement allows for the 

discretion of the Commissioner, but also neutral arbitration for our 

players, due process that we believe is fair. 

In the end, we want to stress to this committee and to others 

that we take this issue seriously. We are committed to doing all 

that we can to prevent it. We are committed to doing all that we 

can to provide firm but fair discipline when necessary and we will 

continue to learn and improve in all of these areas. 

I am happy to answer any questions that the Committee has. 

Thank you. 

[The prepared statement of Ms. Behrens follows:] 

PREPARED STATEMENT OF KATHY BEHRENS, EXECUTIVE VICE PRESIDENT, PLAYER

PROGRAMS AND SOCIAL RESPONSIBILITY, NATIONAL BASKETBALL ASSOCIATION

Chairman Rockefeller, Senator Thune, and Members of the Committee: 

The National Basketball Association appreciates the opportunity to provide information to this Committee about our programs and policies relating to the issue of 

domestic violence. We take this issue extremely seriously and are committed to a 

comprehensive program of prevention and, when necessary, discipline to deter such 

conduct. 

1. Education and Training. The NBA provides substantial education and training 

programs for players that address, among other things, player conduct issues such 

as domestic violence. Examples of such programs are: 

a. Prior to the start of each season, the NBA and the National Basketball Players 

Association (the union representing NBA players) conduct a comprehensive 

Rookie Transition Program for incoming NBA players. Over four full days of 

sessions, and with the assistance of NBA and Players Association staff, former 

players, subject matter experts, and outside speakers, rookie players are exposed to a wide variety of educational and developmental sessions designed to 

help them transition into their new roles as professional athletes. In addition 

to sessions on professional and life skills, media and community relations, and 

personal development, players receive education and training on numerous topics related to conduct. These include sessions focusing on domestic violence and 

sexual misconduct, as well as sessions devoted to drugs and alcohol, safe driving, gambling, and compliance with law. 

b. Two times each year, the NBA and Players Association conduct a Team Awareness Meeting with all players on each NBA team. These meetings cover selected topics determined annually by the NBA and the Players Association, including issues relating to player behavior. During the 2014–15 season, we will 

be conducting a third Team Awareness Meeting focused solely on domestic violence and related issues. These sessions, to be completed by mid-February of 

2015, will be conducted by Ted Bunch, co-founder of A Call to Men, a leading 

violence prevention organization providing training and education for men, 

24 

boys, and communities, and Kalimah Johnson, founder of SASHA Center, a Detroit-based healing and awareness center focusing on sexual assault. 

The league office maintains a robust Player Development Department, staffed by 

ten full-time employees and a number of consultants, whose mission is to provide 

support, education and resources to assist players with all manner of issues during 

their time in the NBA and to help them transition successfully into and out of the 

league. In addition, each team employs a Player Development Director who serves 

the same function on a local basis. Some of the key initiatives of Player Development personnel include tailored programs for players who are 20 years-old and 

under; life-skills programs that are conducted at our Pre-Draft Camp, Draft, and 

Summer League; and a financial education program that is created and delivered 

in partnership with the Players Association. Other special resources are provided 

to individual players on an as-needed basis. 

The NBA and the Players Association also oversee a Player Assistance Program 

designed to help players struggling with emotional, mental health, anger management, or addiction issues—any one of which may be associated with domestic violence. The Player Assistance Program is managed by professionals jointly retained 

by the NBA and the Players Association, and includes a nationwide network of 

counselors who are available to players on a 24/7/365 basis. 

2. Rules and Policies. The primary source for rules and policies governing NBA 

player conduct is the Collective Bargaining Agreement (CBA) negotiated between 

the NBA and the Players Association. The following provisions of the CBA, among 

others, are relevant to the issue of domestic violence: 

a. Under the CBA, all NBA players enter into Uniform Player Contracts (UPCs) 

with their respective teams. The UPC, in paragraph 5 thereof and elsewhere, 

contains various conduct provisions, including the requirement that players 

conduct themselves on and off the court according to the highest standards of 

honesty, citizenship, and sportsmanship. (See Exhibit A hereto.) 

b. The UPC also incorporates Article 35 of the NBA Constitution and By-Laws, 

which among other things grants the Commissioner the power to impose a suspension or fine (up to a maximum fine of $50,000) on any player who, in the 

Commissioner’s opinion, is guilty of conduct that does not conform to standards 

of morality or fair play, that does not comply at all times with all federal, state, 

and local laws, or that is prejudicial or detrimental to the NBA. (See Exhibit 

B hereto.) 

c. Article VI of the CBA contains various provisions governing player conduct, including the following: (i) a provision requiring that a player undergo counseling 

if there is reasonable cause to believe that he has engaged in any off-court violent conduct (or if he is convicted of such conduct); (ii) a provision requiring 

that a player who is convicted of a violent felony receive a minimum suspension 

of 10 games; and (iii) a prohibition against players possessing a firearm or 

deadly weapon of any kind at NBA or team venues or events or when traveling 

with the NBA or an NBA team. (See Exhibit C hereto.) 

The foregoing provisions of the CBA are explained and amplified in other memoranda and notices supplied to players at various times. For example, all players receive a memo summarizing the player conduct rules at the beginning of each NBA 

season. Another reminder—focusing on respect in the workplace, and making clear 

that prohibited conduct includes bullying, hazing, retaliation, or discriminatory or 

harassing behavior—is prominently displayed in poster form in all team locker 

rooms. (See Exhibit D hereto.) Also under the CBA, NBA teams are entitled to establish and maintain reasonable Team Rules governing the conduct of their players. 

3. Enforcement Process, Discipline, and Appeal. The league office is responsible for 

the enforcement of the NBA’s policies relating to player misconduct—specifically, 

members of the Legal, Security, Social Responsibility and Player Development, and 

Basketball Operations Departments, as well as the Commissioner’s Office. Where 

appropriate, and particularly with respect to allegations of domestic violence, the 

NBA will seek guidance from outside subject matter experts. 

With respect to alleged criminal conduct by players, it has been the NBA’s practice to rely on the disposition of the criminal proceedings. If the player is convicted, 

the NBA will make a determination as to the appropriate disciplinary penalty for 

the conduct. If the charges are dismissed, no penalty will be imposed. More recently, 

however, our approach has evolved and we will, where warranted by the allegations 

and the preliminary evidence, conduct our own investigations and make our disciplinary determinations based on the facts as we find them. 

Under the CBA, a player (through the Players Association) has the right to challenge any discipline imposed by the NBA if it has a financial impact on him in exVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00028 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\96245.TXT JACKIE
25 

cess of $50,000. Such challenges are governed by the grievance procedures set forth 

in the CBA and are heard and determined by a neutral arbitrator jointly selected 

by the NBA and the Players Association. 

4. Recent Developments. In the past few months, the NBA has endeavored to take 

a fresh look at our policies and practices in the domestic violence area, and as part 

of this effort has sought guidance from experts in the field—including representatives from the Corporate Alliance to End Partner Violence, Men Can Stop Rape, 

Safe Horizon, Joyful Heart Foundation, and the Institute on Domestic Violence in 

the African American Community. We have also retained Valli Kalei Kanuha, a Professor of Social Work at University of Hawaii and well-known domestic violence expert, as a consultant. In addition, we are working with officials at the Pentagon to 

learn how the military handles domestic violence issues. 

This season, the NBA and the Players Association will implement domestic violence training sessions for players’ family members through both national and local 

providers, and will make available appropriate resource guides. Additionally, we are 

examining the creation of a NBA-dedicated hotline support system for players and 

their families (and for league and team staff) that require assistance and support 

in dealing with domestic violence and related issues. 

On September 25, 2014, Jeffery Taylor, a player for the Charlotte Hornets, was 

arrested and charged with misdemeanor counts of domestic violence assault, assault, and destruction of property—all in connection with an incident at a Michigan 

hotel with a woman with whom he was having a romantic relationship. Immediately 

thereafter, the NBA commenced its own independent investigation of the matter. 

During this investigation, by agreement of all parties, Mr. Taylor was on a paid 

leave of absence from the team. On October 29, 2014, Mr. Taylor pleaded guilty to 

domestic violence assault, subject to the charges against him being dismissed if he 

completes domestic violence training and a series of other court-ordered conditions. 

On November 19, 2014, after consulting with outside domestic violence experts and 

others, Commissioner Silver suspended Mr. Taylor without pay for 24 games, imposed other conditions, and issued a publicly-released opinion fully explaining the 

NBA’s process and rationale. (See Exhibit E.) Although Mr. Taylor had the option 

under the CBA of contesting the discipline before a neutral arbitrator, he chose not 

to do so, and instead accepted the Commissioner’s discipline as appropriate and 

apologized for his actions. 

The NBA is committed to vigilance with respect to the issue of domestic violence. 

We have made it clear to all members of the NBA Family that domestic violence 

is not acceptable in any form and will result in appropriate discipline, but that there 

will also be resources and support available to help prevent its occurrence in the 

first place. 

I thank the Committee for the opportunity to provide this information. 

26 

EXHIBIT A 


1202NBA1.eps
27 


1202NBA2.eps
28 


1202NBA3.eps
29 


1202NBA4.eps
30 


1202NBA5.eps
31 


1202NBA6.eps
32 


1202NBA7.eps
33 


1202NBA8.eps
34 


1202NBA9.eps
35 


1202NBA10.eps
36 


1202NBA11.eps
37 


1202NBA12.eps
38 


1202NBA13.eps
39 


1202NBA14.eps
40 


1202NBA15.eps
41 


1202NBA16.eps
42 


1202NBA17.eps
43 


1202NBA18.eps
44 


1202NBA19.eps
45 


1202NBA20.eps
46 


1202NBA21.eps
47 


1202NBA22.eps
48 


1202NBA23.eps
49 


1202NBA24.eps
50 


1202NBA25.eps
51 


1202NBA26.eps
52 


1202NBA27.eps
53 


1202NBA28.eps
54 

EXHIBIT B 


1202NBA29.eps
55 


1202NBA30.eps
56 


1202NBA31.eps
57 


1202NBA32.eps
58 

EXHIBIT C 


1202NBA33.eps
59 


1202NBA34.eps
60 


1202NBA35.eps
61 


1202NBA36.eps
62 


1202NBA37.eps
63 


1202NBA38.eps
64 


1202NBA39.eps
65 


1202NBA40.eps
66 

EXHIBIT D 


1202NBA41.eps
67 

EXHIBIT E 


1202NBA42.eps
68 


1202NBA43.eps
69 


1202NBA44.eps
70 

The CHAIRMAN. Thank you very much for that. 

Ms. Michele Roberts, who is the Executive Director, NBA Players 

Association. Welcome. 

Ms. ROBERTS. Thank you. Good afternoon, Mr. Chairman. Is my 

mike on? I can’t tell. Now it’s on. 

The CHAIRMAN. Beautiful. 

Ms. ROBERTS. OK. Great. 

STATEMENT OF MICHELE ROBERTS, EXECUTIVE DIRECTOR, 

NATIONAL BASKETBALL PLAYERS ASSOCIATION 

Ms. ROBERTS. My name is Michele Roberts, and I am the Executive Director of the National Basketball Players Association, the 

labor union that represents all NBA players in collective bargaining. 

I appreciate the Committee’s desire to explore the topic of domestic violence in professional sports. As a lawyer formerly in private 

practice with the law firm of Skadden Arps, my most rewarding 

pro bono project involved the representations of victims of domestic 

violence who were seeking civil protection orders in local courts 

right here in D.C. When I began work at the NBPA as Executive 

Director in mid-September, I was encouraged to learn that domestic violence is a topic that our players recognized needed to be addressed long before the events of recent months when the public’s 

attention turned so intently on the subject. 

Recent events have given us an opportunity to reexamine and 

strengthen the already comprehensive scheme the NBA and the 

NBPA had in place and add even more safeguards with a focus on 

prevention and counseling. We want to make sure that every player, wife, significant other, and family member has a safe environment to seek help without fear of retaliation or additional harm. 

And in doing so, our recent efforts have brought together representatives of all members of the NBA family in an unprecedented fashion. We also want to lead by example and help create the kind of 

awareness and attention that this prevalent and society-wide problem deserves. 

Let me first step back though to briefly describe some of the 

steps our players had already taken, through collective bargaining 

and otherwise, to address these issues. I do not exaggerate when 

I say that we begin to broach this topic with our players years before they even enter the NBA. Each June at our ‘‘Top 100 Camp,’’ 

the NBPA brings together the nation’s elite high school basketball 

players, together with their parents, and helps prepare them for 

competitive life at the next level, with an emphasis on character, 

education, and life-skills development. 

Close to 200 current NBA players have attended the Top 100 

Camp. During this week-long program at the University of Virginia 

campus, the players work on their basketball skills, but the majority of each day is focused away from the court, where our staff of 

retired players, counselors, psychologists, and psychiatric professionals lead large and small group discussions that, in part, focus 

specifically on respect issues with girls and women. At this young 

and impressionable age, we teach players that part of embracing 

their manhood includes treating every woman with kindness and 

respect. At last June’s Camp, the boys and their parents spent a 

71 

great deal of time with Kalimah Johnson, a very effective educator 

and founder of the SASHA Center, a Detroit-based healing and 

awareness center focusing on sexual assault. 

The education continues the moment a player enters the league, 

with the Rookie Transition Program, a 4 day joint program between labor and management that likewise focuses on personal 

skills development and provides training on numerous topics related to conduct, including domestic violence. In past years, Judge 

Glenda Hatchett has been a very effective voice, delivering graphic 

and powerful presentations on the effects and consequences of sexual misconduct and abuse of women. 

To complete the progression, we not only raise awareness for our 

players before and upon entering the NBA, but we now hold a 

Team Awareness Meeting, designed jointly by the NBA and NBPA, 

devoted solely to the topic of domestic violence. As we speak, 

Kalimah Johnson, whom I mentioned earlier, and Ted Bunch, cofounder of ‘‘A Call to Men,’’ a leading violence prevention organization, are traveling around the country to meet with every NBA 

team for a session devoted solely to domestic violence awareness. 

These sessions supplement the year-round work done by our NBPA 

Player Programs staff, a group of seven retired players who work 

full-time for the union together with the joint labor-management 

Player Assistance and Health Education Programs, that help players confront many of the emotional, anger management, and other 

stress-related issues that can be at the root of a domestic conflict. 

Our Collective Bargaining Agreement itself specifically lays out 

various policies designed to prevent, deter, and, if necessary, punish acts of domestic violence. Under our Uniform Player Contract, 

players are required to conduct themselves on and off the court according to the highest standards of honesty, citizenship, and sportsmanship, and the Commissioner may impose a fine or suspension 

for conduct that does not conform to standards of morality or fair 

play, that does not comply at all times with all Federal, state, and 

local laws, or that is prejudicial or detrimental to the NBA. 

And let me, because I see I’m running out of time, end on this 

final note. 

Since I began my tenure, I have determined that, in addition to 

the CBA-mandated levels of discipline, a greater focus is warranted 

on prevention and services to family members. At the union’s expense, I recently convened a group of NBA mothers, fathers, 

spouses, and significant others for an all-day session at our offices 

in New York. Those discussions were facilitated by a domestic violence expert, Karma Cottman, with the D.C. Coalition Against Domestic Violence. And among other things, we identified as a principal need the establishment of a hotline and counseling service 

that will encourage not just players, but family members and other 

interested persons to seek out help without the fear of retaliation. 

Many people are fearful that, if they speak out about the possibility 

or the actual occurrence of a domestic violence event, they will expose themselves to public ridicule, be alienated by relatives and 

friends, and/or jeopardize a player’s livelihood, and thus, put at 

risk their family’s financial health. Everyone must be comfortable 

that there is a safe and confidential manner to seek help. 

72 

And with that and the passage now of 6 minutes and 14 seconds, 

I’ll conclude my presentation, and I’m happy to answer any questions. 

[The prepared statement of Ms. Roberts follows:] 

PREPARED STATEMENT OF MICHELE ROBERTS, EXECUTIVE DIRECTOR, 

NATIONAL BASKETBALL PLAYERS ASSOCIATION

Mr. Chairman and Members of the Committee: 

My name is Michele Roberts and I am the Executive Director of the National Basketball Players Association, the labor union that represents all NBA players in collective bargaining. I also serve as Executive Director of the Women’s National Basketball Players Association, the labor union that represents all WNBA players in 

collective bargaining. 

I appreciate the Committee’s desire to explore the topic of domestic violence in 

professional sports. As a lawyer formerly in private practice with the law firm of 

Skadden Arps, my most rewarding pro bono project involved the representation of 

victims of domestic violence seeking civil protection orders in local courts, right here 

in the District of Columbia. When I began work at the NBPA as Executive Director 

in mid-September, I was encouraged to learn that domestic violence is a topic that 

our players recognized needed to be addressed long before the events of recent 

months, when the public’s attention has turned so intently on the subject. Recent 

events have given us an opportunity to re-examine and strengthen the already comprehensive scheme the NBA and NBPA had in place, and add even more safeguards 

with a focus on prevention and counseling. We want to make sure that every player, 

wife, girlfriend, and family member has a safe environment to seek help without 

fear of retaliation or additional harm. And in doing so, our recent efforts have 

brought together representatives of all members of the NBA family in an unprecedented fashion. We also want to lead by example and help create the kind of awareness and attention that this prevalent and society-wide problem deserves. 

Let me first step back, though, to briefly describe some of the steps our players 

had already taken through collective bargaining and otherwise to address these 

issues. I do not exaggerate when I say that we begin to broach this topic with our 

players years before they even enter the NBA. Each June at our Top 100 Camp, 

the NBPA brings together the Nation’s elite high school basketball players, together 

with their parents, and helps prepare them for competitive life at the next level, 

with an emphasis on character, education and life-skills development. Close to 200 

current NBA players have attended the Top 100 Camp. During the week-long program at the University of Virginia campus, the players work on their basketball 

skills, but the majority of each day is focused away from the court, where our staff 

of retired players, counselors, psychologists and psychiatric professionals lead large 

and small group discussions that, in part, focus specifically on respect issues with 

girls and women. At this young and impressionable age, we teach players that part 

of embracing their manhood includes treating every woman with kindness and respect. At last June’s Camp, the boys—and their parents—spent a great deal of time 

with Kalimah Johnson, a very effective educator and founder of the SASHA Center, 

a Detroit-based healing and awareness center focusing on sexual assault. 

The education continues the moment a player enters the league, with the Rookie 

Transition Program, a four-day joint program between labor and management that 

likewise focuses on personal skills development and provides training on numerous 

topics related to conduct, including domestic violence. In past years, Judge Glenda 

Hatchett has been a very effective voice delivering graphic and powerful presentations on the effects and consequences of sexual misconduct and abuse of women. 

To complete the progression, we not only raise awareness for our players before 

and upon entering the NBA, but we now hold a Team Awareness Meeting, designed 

jointly by the NBA and NBPA, devoted solely to the topic of domestic violence. As 

we speak, Kalimah Johnson, whom I mentioned earlier, and Ted Bunch, co-founder 

of A Call to Men, a leading violence prevention organization, are traveling around 

the country to meet with every NBA team for a session devoted solely to domestic 

violence awareness. These sessions supplement the year-round work done by our 

NBPA Player Programs staff—a group of seven retired players who work full-time 

for the union—together with the joint labor-management Player Assistance and 

Health Education Programs, that help players confront many of the emotional, 

anger management and other stress-related issues that can be at the root of a domestic conflict. 

73 

Our Collective Bargaining Agreement itself specifically lays out various policies 

designed to prevent, deter and, if necessary, punish acts of domestic violence. Under 

our Uniform Player Contract, players are required to conduct themselves on and off 

the court according to the highest standards of honesty, citizenship and sportsmanship, and the Commissioner may impose a fine or suspension for conduct that does 

not conform to standards of morality or fair play, that does not comply at all times 

with all federal, state, and local laws, or that is prejudicial or detrimental to the 

NBA. 

More specifically, as far back as 1999, the parties agreed that when there is reasonable cause to believe that a player has engaged in sexual assault or acts of domestic violence, he is required to undergo a clinical evaluation and appropriate 

counseling, with conviction of a violent felony punishable by an immediate suspension of at least ten (10) games. Players are required to cooperate with investigations, and all discipline is appealable to an independent arbitrator. 

Since I began my tenure, I have determined that, in addition to the CBA-mandated levels of discipline, a greater focus is warranted on prevention and services 

to family members. At the union’s expense, I recently convened a group of NBA 

mothers, fathers, spouses and girlfriends for an all-day session at our offices in New 

York. Among other things, we identified as a principal need the establishment of 

a hotline and counseling service that will encourage not just players, but family 

members and other interested persons, to seek out help without the fear of retaliation or unintended consequences. Many people are fearful that if they speak out 

about the possibility or the actual occurrence of a domestic violence event, they will 

expose themselves to public ridicule, be alienated by relatives and friends, and/or 

jeopardize a player’s livelihood, and, thus, put at risk their family’s financial health. 

Everyone must be comfortable that there is a safe and confidential manner to seek 

help. This is my foremost priority at this point. 

As a final note, we continue to believe that collective bargaining is the most appropriate forum for the resolution of these issues and are confident that our policies 

and initiatives address in a meaningful way the concerns of the Committee. Congress has long given deference to parties operating under collective bargaining 

agreements to develop their own solutions to problems, properly recognizing that the 

parties bound by a collective bargaining agreement have a longstanding relationship 

with unique problems and problem solving methods that are often difficult to comprehend by those outside the relationship. We fully believe in and support the Committee’s and Congress’ goal of eliminating domestic violence in sports, and we believe this goal is best accomplished by the leagues and players working together to 

accomplish this universal objective. Together we can and will set a tone of appropriate respect for women and all family members. 

The CHAIRMAN. Thank you very much. 

Jessica Berman, who is Vice President and Deputy General 

Counsel of the National Hockey League. Welcome. 

STATEMENT OF JESSICA BERMAN, VICE PRESIDENT AND 

DEPUTY GENERAL COUNSEL, NATIONAL HOCKEY LEAGUE 

Ms. BERMAN. Thank you, Chairman, Ranking Member, and the 

members of the Committee for inviting the National Hockey 

League to testify here today regarding domestic violence in professional sports. 

The NHL takes very seriously the issues of domestic violence. We 

believe we have an obligation to raise awareness, provide education, and penalize offenders, all with the hope and intention of 

deterring future misconduct. To that end, and working with the 

NHLPA, the duly authorized collective bargaining representative of 

all NHL players, the League has responsibly developed, implemented, and enforced strict policies, practices, and procedures regulating the off-ice personal conduct of its players, which extend to 

and encompass situations of domestic abuse. 

A core component underlying these rules and policies is a comprehensive education program, which has existed for at least the 

last decade. The League provides annual training for our players 

74 

on a variety of critical social issues, and these issues have included 

domestic abuse. This training and education has been delivered in 

a number of forms and contexts, and by multiple voices. Those 

voices have included the NHL security department and medical 

professionals charged with administering our substance abuse and 

behavioral health program, which is a jointly administered program created by the NHL and NHLPA in 1996. They meet with 

players on an annual basis on each team to discuss with them, 

among other things, personal conduct issues. 

In addition, the NHL and NHLPA organize an annual Rookie 

Orientation Program, and at this past year’s program, at two different breakout sessions, the issue of domestic violence was addressed, as well as other personal conduct issues. We believe that 

by making the messages clear and reinforcing them on a regular 

basis, the players are better prepared to appreciate and manage 

difficult problems that they face, both from a personal and professional standpoint. As a result, they will be better equipped to avoid 

situations that will bring harm to themselves and to their families. 

In addition to our work in the area of education and raising 

awareness, the Collective Bargaining Agreement, which will remain in effect until at least September 15, 2020, governs the terms 

and conditions of employment for all NHL players. The CBA grants 

both the League and each of its 30 Clubs the authority to enforce 

the rules regulating players’ personal off-ice conduct, and this responsibility has, and will continue to be, exercised appropriately, 

fairly, and judiciously. 

I’ll just briefly go through a couple of the relevant provisions 

which provide the League with that authority. In our Collective 

Bargaining Agreement, the Commissioner has broad authority to 

act and impose discipline when a player has been or is guilty of 

conduct that is detrimental to or against the welfare of the League 

or the game of hockey. This language has historically been applied 

by the League Office to a wide array of personal conduct off-ice 

matters, and we believe it provides the League with an adequate 

degree of discretion and authority. 

The standard form employment contract, which is also part of 

our Collective Bargaining Agreement, provides NHL teams with 

the authority to discipline players for conduct that violates the rule 

that requires a player to conduct himself, on and off the rink, according to the highest standards of honesty, morality, fair play, and 

sportsmanship, and to refrain from conduct detrimental to the best 

interest of the Club, the League, and professional hockey generally. 

The National Hockey League remains committed to the principle 

of addressing players’ personal conduct problems in a meaningful 

way, and by doing so, protecting and maintaining both the integrity 

and generally good reputation of our players and our sport. We do 

not hesitate to take disciplinary action in necessary and appropriate circumstances, as most recently evidenced by the indefinite 

suspension issued to a player in the NHL who was recently 

charged with a domestic violence offense. While no trial has occurred in that situation, and the player remains innocent until 

proven guilty, we felt the most appropriate course of action in that 

case was to remove the player from the ice, at least until we are 

75 

able to satisfy ourselves with respect to what has actually transpired. 

The NHL appreciates being provided with the opportunity to express our views here today, and we remain available to answer any 

questions that you may have. Thank you. 

[The prepared statement of Ms. Berman follows:] 

PREPARED STATEMENT OF JESSICA BERMAN, VICE PRESIDENT AND DEPUTY GENERAL

COUNSEL, NATIONAL HOCKEY LEAGUE

I would like to thank the Chairman, the Ranking Member, and the Committee 

Members for inviting the National Hockey League (‘‘NHL’’ or the ‘‘League’’) to testify 

today regarding domestic violence in professional sports. 

The NHL takes seriously issues of domestic violence. While our historical experience suggests that these issues are not prevalent among our Player population, we 

nonetheless believe we have an obligation to raise awareness, provide education, 

and penalize offenders, all with the hope and intention of deterring future misconduct. To that end—working with the National Hockey League Players’ Association (‘‘NHLPA’’), the duly authorized collective bargaining representative of NHL 

Players—the League has responsibly developed, implemented and enforced strict 

policies, practices and procedures regulating the off-ice personal conduct of its Players, which extend to and encompass situations of domestic violence. 

A core component underlying all of these rules and policies is a comprehensive 

education program. For at least the last decade, the League has provided annual 

education for our Players on a variety of critical social issues, including issues relating to domestic violence. This training and education has been delivered in a number of forums and contexts, by multiple voices. In particular, on an annual basis 

both the NHL Security Department personnel and the medical professionals charged 

with administering our Substance Abuse and Behavioral Health (‘‘SABH’’) Program 

(the ‘‘Program Doctors’’) meet with the Players on each NHL team to educate them, 

and to discuss with them, among other things, personal conduct issues. In addition, 

the NHL and NHLPA organize an annual Rookie Orientation Program at which at 

least two different breakout sessions comprehensively address the importance of 

avoiding personal conduct issues—including, specifically, domestic abuse. 

Although the emphasis and content of the League’s annual sessions are reviewed 

and modified on a regular basis to ensure that they remain engaging and relevant, 

in general, the education programs focus on: (i) identifying the triggers that lead 

to conflict, personal conduct issues and domestic violence; (ii) outlining ways to 

avoid dangerous situations prior to their escalation; (iii) offering alternative mechanisms for handling personal conflicts; (iv) providing information about third-party 

assistance for Players and their families in need of counseling or other behavioral 

intervention; and (v) explaining the criminal, civil, professional, personal and other 

consequences associated with engaging in personal misconduct. It is our hope and 

sincere belief that the NHL’s comprehensive education and training programs have 

helped our Players make better decisions in their lives; certainly that would include 

their conduct with respect to their relationships with family members and other 

loved ones. 

We believe that by making the messages clear and reinforcing them on a regular 

basis, the Players are better prepared to appreciate and manage difficult problems 

that may arise, both from a personal and professional standpoint, and, as a result, 

avoid situations that will bring harm to their families and themselves. Our Players 

are continuously reminded that they live and act as role models to people both inside and outside the hockey community and that their behavior and conduct will always be judged and held to the highest standards. Our Players take seriously the 

importance of their roles in this regard, and in representing each of their respective 

team organizations, the League and the sport of hockey generally, and, overwhelmingly, their conduct has made a positive contribution to their communities. 

In addition to the our work in the area of education and raising awareness, the 

Collective Bargaining Agreement (‘‘CBA’’), which will remain in effect until at least 

September 15, 2020, sets forth provisions (as may be amended from time to time 

by agreement of the parties) that govern terms and conditions of employment for 

all NHL Players. The CBA grants both the League and each of its 30 NHL Member 

Clubs authority to enforce rules relating to Players’ personal (off-ice) conduct, and 

this responsibility has been—and will continue to be—exercised appropriately, fairly 

and judiciously. I will now briefly identify and describe various of these provisions, 

76 

and I have included full text versions of the relevant materials as attachments to 

my written statement. 

1. CBA Article 18–A: Commissioner Discipline for Off-Ice Conduct—Article 18–A 

of the CBA sets forth the rules, procedures and guidelines for the League pursuant to which it can review, assess and impose supplementary discipline for 

Players’ off-ice conduct. The provision, which has been collectively bargained 

with the NHLPA, grants to the Commissioner broad authority to act and impose discipline when a Player ‘‘has been or is guilty of conduct (whether during 

or outside the playing season) that is detrimental to or against the welfare of 

the League or the game of hockey.’’ This language historically has been applied 

to a wide array of personal conduct matters, and we believe it provides the 

League with an adequate degree of discretion and authority. (Full text attached at Attachment 1) 

2. CBA Exhibit 1: Standard Player’s Contract—Exhibit 1 to the CBA is the standard form employment contract (the ‘‘Standard Player’s Contract’’ or ‘‘SPC’’) 

used for all NHL Players with their NHL teams. The SPC also contains rules 

that are applicable to Players’ personal conduct. In particular, Section 2(e) requires that a Player ‘‘conduct himself on and off the rink according to the highest standards of honesty, morality, fair play and sportsmanship, and to refrain 

from conduct detrimental to the best interest of the Club, the League or professional hockey generally.’’ This paragraph provides NHL teams with discretion 

to apply appropriate discipline in the event a Player’s personal conduct violates 

this standard. (Full text attached at Attachment 2) 

3. NHL Constitution Article 6 & NHL By-Law Section 17—The NHL Constitution 

Article 6 & NHL By-Law Section 17 each contain rules and guidelines for imposing discipline both for Players and for other League and Club personnel for 

off-ice misconduct. (Full text attached as Attachments 3 and 4) 

4. Substance Abuse and Behavioral Health Program (‘‘SABH Program’’)—The 

NHL/NHLPA SABH Program is a joint program established and implemented 

by the NHL and the NHLPA that comprehensively addresses matters relating 

to substance abuse and behavioral health (including as they may relate to certain criminal arrests and/or convictions) through education, counseling, treatment, follow-up care, and where appropriate, sanctions in the form of Player 

discipline. The SABH Program is administered by the Program Doctors that 

have been retained by the NHL and NHLPA jointly, and those professionals 

make their services available to all NHL Players and their families, as necessary. The Program Doctors deliver annual education to the Players on each 

of our 30 Member Clubs, a portion of which education is dedicated to domestic 

violence issues. The SABH Program also makes available a 24/7 confidential 

hotline to Players and their families to assist with crisis management and 

intervention, including as it might relate to personal conduct matters. 

5. NHL Security Department Policies/Education—The NHL Security Department 

acts as a liaison with each team’s security department in an effort to safeguard 

and protect the Players and all other constituents and stakeholders in the 

game. This results in regular and consistent communication between the 

League Office and the 30 NHL Member Clubs, and ensures that the League 

is aware of any issues that may warrant intervention or might otherwise need 

to be addressed by the League. 

Furthermore, the Security Department has developed and regularly disseminates to the Players information and education in areas where Players may encounter increased risk, including areas such as gambling, domestic conflict and 

personal conduct management. 

The National Hockey League remains committed to the principle of addressing 

Players’ personal conduct problems in a meaningful way, and by doing so, protecting 

and maintaining both the integrity and generally good reputation of our Players and 

our sport generally. We do not hesitate to take disciplinary action in necessary and 

appropriate circumstances, as most recently evidenced by the indefinite suspension 

issued to a Los Angeles Kings’ Player, who recently was charged with a domestic 

violence offense against his spouse in California. While no trial has occurred and 

the Player remains innocent until proven guilty, we felt that the most appropriate 

course of action in that case was to remove the Player from the ice, at least until 

we are able to satisfy ourselves with respect to what actually transpired. 

Please be assured that we will certainly continue to prioritize the subject of training and education of the Players who play in our League on issues related to personal conduct, including domestic violence. Indeed, in light of recent events, we have 

undertaken a process to reevaluate everything that we do in this area, both at the 

77 

League and local Club level to ensure they are both effective and state-of-the-art. 

In this regard, we will continue to utilize third-party providers and experts to ensure best practices, and we obviously intend to engage and involve our Players’ Association in any ‘‘next steps’’ that might prove appropriate. 

The NHL appreciates being provided with the opportunity to express our views 

regarding these issues. We remain available should you seek additional information. 


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The CHAIRMAN. Thank you, Ms. Berman. 

Steve Fehr, the Special Counsel, National Hockey League Players’ Association. 

STATEMENT OF STEVEN FEHR, SPECIAL COUNSEL, NATIONAL 

HOCKEY LEAGUE PLAYERS’ ASSOCIATION 

Mr. FEHR. Thank you. And if I might, I would like to say I’ve 

never lived in and rarely been to West Virginia, but I’ve long been 

an admirer of the Senator from West Virginia, and I would like to 

thank you for all that you’ve done, not just in holding this hearing, 

but throughout your career. And I wish you the best in 2015 and 

beyond. 

In regard to none of the Executive Directors other than Ms. Roberts being able to show up, Senator Thune, I would like to say that 

the Executive Director of the NHLPA, who happens to have the 

same last name as I do, wanted very much to be at this hearing. 

He had a long-standing commitment overseas. I believe staff was 

told that if the hearing was next week or yesterday or even this 

morning, he would have been able to attend, and he’d be happy to 

meet with you in your offices or at a future hearing. 

There could be some advantages and disadvantages to going last. 

Like Ms. Behrens, I’m not going to read from my prepared statement. I appreciate that you will place it in the record. It’s a little 

too long, and parts of it would be a bit repetitive, not only of what 

Ms. Berman said about the NHL but what my colleagues, particularly Ms. Roberts and Ms. Seitz said on behalf of the basketball 

players and the baseball players. But let me just make a few 

points. 

Professional athletes face extraordinary public scrutiny, both on 

and off their field of play. They are often thrust into the public 

spotlight at a very young age, sometimes 20 or even younger in the 

NHL, with pressures few people ever experience during their lifetime. Many of you expect the players to be role models, but in most 

cases, their background and training in high-performance athletics 

has done little to assist them in assuming that role. In light of this, 

the NHLPA has worked diligently with the NHL to develop procedures, policies, and programs to help these young men and their 

families deal with these pressures. We believe our efforts have met 

with some success, but it is a never-ending project. 

It starts with education. We stress education for our players beginning at a young age. As Ms. Berman indicated, much of that is 

done through the SABH Program, in which services are available 

to all players and to all who could be involved in a situation involving domestic violence. That includes families. That includes 

girlfriends, and I did ask staff if it was appropriate to say that 

word. Trained medical professionals are available for counseling 

and other services on a 24-hour basis. 

We also have our Rookie Orientation Program, which has been 

in place for 2 years now. It was initiated by the Players’ Association along with the League. It is based on a model that was used 

by MLB and the MLBPA. And as you may know, the Executive Director of the NHLPA worked as the Executive Director of the 

MLBPA for many years. We stress education and training of playVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00107 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\96245.TXT JACKIE
104 

ers coming into the league on many subjects, including domestic violence. 

On the subject of discipline, the CBA does give the Commissioner 

power to discipline for what we call ‘‘off-ice conduct.’’ Obviously, 

that would include situations involving domestic violence. Under 

the CBA, such discipline is eventually reviewable by a neutral arbitrator. The arbitrator is asked to review, among other things, 

whether the discipline imposed by the Commissioner for off-ice conduct was ‘‘supported by substantial evidence’’ and was ‘‘proportionate to the gravity of the offense.’’ This right to appeal should 

encourage the fair and consistent application of disciplinary policies 

and of results that can withstand objective scrutiny. The fact that 

the arbitrator is independent, that is, not an employee of the NHL 

or a representative of the NHL, adds considerable credibility to the 

process and strengthens the perception that any penalties imposed 

are just. 

I should add, as I said in my statement, that discipline in this 

area can be complex, particularly when there is interplay between 

potential criminal charges or actual criminal charges and disciplinary proceedings in the workplace. 

Finally, as Commissioner Bettman said last week in a letter to 

the House committee, there have been very few incidents that have 

come to light in recent years involving NHL players and domestic 

violence. And I do not say that, Senator Thune, to minimize or 

downplay the issue, because obviously, it is a very important issue, 

and even if there is one, it is one too many, and we need to continue to work until there are none. 

Thank you for holding this hearing, and I look forward to answering your questions. 

[The prepared statement of Mr. Fehr follows:] 

PREPARED STATEMENT OF STEVEN FEHR, SPECIAL COUNSEL, NATIONAL HOCKEY

LEAGUE PLAYERS’ ASSOCIATION (NHLPA) 

My name is Steven Fehr, and I am Special Counsel to the National Hockey 

League Players Association (NHLPA). I appear today in response to the Chairman’s 

invitation to testify. The Executive Director of the NHLPA, Donald Fehr, is unavailable due to a longstanding commitment overseas. 

We want to thank the Chairman and the Committee for the invitation, as well 

as for taking the time to focus on this important issue. We all share the common 

goal of doing whatever we can to reduce the incidence of domestic violence in this 

country. Given some recent cases that have drawn great public attention from the 

realm of sports, today’s discussion is both warranted and timely. 

Professional athletes face extraordinary public scrutiny both on and off their field 

of play. These athletes are often thrust into the public spotlight at a young age with 

pressures few people ever experience during their lifetime. Our society expects them 

to be ‘‘role models,’’ but in many cases their background and training in high-performance athletics has done little to assist them in assuming this role. In light of 

this, the NHLPA has worked with the NHL to develop procedures, policies and programs to help these young men and their families deal with these pressures. Those 

will be discussed in more detail below. We believe that our efforts have met with 

some success. But it is a never-ending project. 

The issue of player discipline in this area is a complex one. When an employer 

disciplines an employee for misconduct away from the workplace, it raises a host 

of concerns on its own. But when you add the prospect of discipline for allegations 

that have yet to be proven, the issues become even more difficult. The careers of 

athletes are very short and all games are precious. Of course, the NHLPA wants 

to do all that it can to eliminate domestic violence that involves our members. At 

the same time, we cannot accept the proposition that a player should, as a matter 

of course, be punished until he has had his ‘‘day in court,’’ or in neutral arbitration 

105 

as the case may be. And in instances in which there is an actual or potential criminal proceeding in addition to the prospect of employer discipline, the legal issues 

can be very complicated to navigate. 

We should also make a point regarding the number of domestic violence incidents 

involving our members. We do not have data to compare to the numbers in society 

in general, or in other sports, but it would seem that such incidents involving NHL 

players are few and far between, as Commissioner Bettman has said. Indeed, with 

respect to the number of instances in recent years when NHL players were subject 

to prosecution for domestic violence, we are only aware of two such allegations 

against NHL players over the last nine years. In one, the charges were ultimately 

dropped, and the other is currently pending. 

With that background let me give you more detail about the efforts of the NHLPA 

in this area. 

The NHLPA is the exclusive collective bargaining representative of the more than 

700 professional hockey players who play for the 30 clubs in the NHL, 23 of which 

are in the U.S. and the remaining 7 in Canada. As such, we negotiate the players’ 

terms and conditions of employment, including the bases upon which ‘‘off-ice’’ misconduct may be addressed by the League, and to represent our members in any disciplinary proceedings. Over the years, and particularly during the 2012–2013 bargaining that culminated in the parties’ new collective bargaining agreement (CBA), 

we have negotiated with the NHL over policies and procedures related to the authority of the League and the Clubs to discipline players for off-ice personal misconduct, which would of course include instances of domestic violence or other 

crimes. In addition, and perhaps more important, for many years we have worked 

closely with the NHL to provide our members and their families with a comprehensive program of education and personal and family support in the form of the Substance Abuse and Behavioral Health Program (SABH). As will be explained below, 

the successful operation of this program may well have contributed to the infrequency of incidents of domestic violence. 

Player Representation 

The CBA provides the NHL Commissioner with the authority to discipline players 

for off-ice misconduct to the extent that such behavior is found to be detrimental 

to the game of hockey or to the welfare of the League. In addition, under the terms 

of the ‘‘Standard Player Contract’’ between individual players and their Clubs, 

which is also part of the CBA, NHL Clubs are authorized to discipline their players 

for conduct ‘‘detrimental to the best interest of the Club, the League or professional 

hockey generally.’’ Such discipline, of course, is subject to the conditions as well as 

the procedural and substantive protections set out in the CBA, including a player’s 

right to have his League or club discipline for off-ice misconduct reviewed by a neutral arbitrator. The NHLPA’s role in the off-ice discipline process is rooted in our 

statutory duty to represent our members. Under the National Labor Relations Act 

unions owe all bargaining unit employees a duty of fair representation. Thus, the 

NHLPA attempts to ensure that the procedural protections of the Collective Bargaining Agreement are complied with; that the discipline assessed by the League 

or Clubs is consistent with the relevant provisions of the CBA; and that the discipline which results comports with traditional notions of fundamental fairness and 

due process. 

A critical component of the negotiated disciplinary process, and central to the effort to achieve fairness and protect due process, is the aforementioned right to review by a neutral, independent arbitrator. This procedure has been available for 

many years to players who are the subject of Club discipline; in the 2013 CBA it 

was extended to apply to cases of Commissioner discipline. Upon the exercise of this 

contractual appeal right, the arbitrator is asked to review, among other things, 

whether the discipline imposed by the Commissioner for off-ice conduct was ‘‘supported by substantial evidence’’ and ‘‘proportionate to the gravity of the offense.’’ 

The right to appeal should encourage the fair and consistent application of disciplinary policies and of results that can withstand objective scrutiny. The fact that the 

arbitrator is independent, i.e., not an NHL official or representative, adds considerable credibility to the process and strengthens the perception that any penalties imposed are just. 

Substance Abuse and Behavioral Health Program 

The NHLPA and NHL work together through the Substance Abuse and Behavioral Health (SABH) program to ensure that players receive education, support and, 

where necessary, professional counseling and treatment. As I indicated previously, 

the training and background of the young men, who many expect to be role models, 

often does little to prepare them for this role. The program teaches and encourages 

106 

players to make appropriate choices in their personal lives, including in their relationships with family members. The SABH program provides such counseling, treatment and support not only to players, but also to wives, spouses, girlfriends, and 

other family members. Both the League and the NHLPA are highly committed to 

this approach, which in this context may be considered preventative. 

The parties established the SABH program in 1996. Since its inception, the primary aim of the program has been to provide a comprehensive system of professional support for players in order to promptly and effectively address behavioral 

issues, including conduct that might lead to criminal charges. The SABH program, 

which is staffed by dedicated health care professionals selected by the NHL and the 

NHLPA, provides players with education and information regarding the entire 

range of behavioral, personal, and relationship issues, including spousal abuse. The 

SABH ‘‘Program Doctors’’ are available on a 24-hour basis throughout the year to 

provide confidential assistance to players who may be experiencing personal or family crises. 

At the commencement of each season, the SABH Program Doctors visit each of 

the 30 clubs and meet with players to discuss personal conduct issues and familiarize them with the array of available program services. Players are encouraged by 

NHLPA staff and representatives to reach out to the program before a situation gets 

out of hand, and are reminded that the Program Doctors are immediately available, 

either by telephone or in person, to assist in the management of personal crises. 

Considerable emphasis is placed on the confidentiality of player consultations with 

the Program Doctors. We believe that the players’ ready access to the highly skilled 

and trusted professional counseling services offered by the SABH program significantly reduces the incidence of violent outcomes related to personal issues. 

The SABH program also aims to resolve behavioral issues on a long-term basis. 

Where appropriate, Program Doctors refer players to counseling or treatment offered by a network of health professionals established for this purpose. The progress 

of the players who receive such counseling and treatment is monitored by the Program Doctors and, as deemed appropriate and necessary, follow-up care is available 

to players. As a general approach, the SABH program places emphasis on the resolution of issues within the player’s family as a whole; family members, especially 

spouses, are involved in counseling and treatment, either on a separate basis or in 

conjunction with that provided to the player. 

Rookie Orientation Program 

More recently, the NHLPA and NHL have instituted an annual multi-faceted 

Rookie Orientation Program (ROP) that, among other objectives, is designed to serve 

as an important introduction to the SABH program for new players coming into the 

League. The ROP is a three-day seminar held before the commencement of training 

camp. Those players deemed likely to be playing in the NHL for the first time in 

the approaching season are required to attend. The players receive intensive education in the whole range of life-style issues confronting younger professional athletes, including the development of appropriate coping mechanisms within relationships. They are introduced to the professionals engaged in the SABH, who explain 

how they can utilize the program services. 

Thank you again for the opportunity to be here today. I look forward to answering 

any questions. 

The CHAIRMAN. Thank you very much. 

Just make an announcement. It’s very, very difficult if the leadership holds votes at 4 o’clock for us to have a reasonable hearing, 

and so I’m trying with everything I can to get them to postpone 

those votes for at least a half an hour, so that all members have 

a chance to speak and ask questions. It is much too important a 

hearing to let couple of votes get in the way of it. Senator Thune? 

Senator THUNE. Mr. Vincent, as we’ve discussed, last Friday, the 

former Federal judge who heard Ray Rice’s appeal of his suspension ruled that Mr. Rice had not misled NFL Commissioner Roger 

Goodell about his confrontation with his fiance ́e and in her 17-page 

opinion, the judge discusses the pre-discipline meeting between 

Ray Rice and Roger Goodell stating that, and I quote, ‘‘At the time 

of the June 16 meeting, the NFL also knew that there was a camera inside the elevator and thought it was likely that there was a 

107 

video from the camera. Various sources, including NFL security, 

had reported the existence of such a video. Rice had received this 

video in discovery during his criminal case, but the NFL never 

asked Rice for the second video.’’ That’s end quote. That’s from the 

judge. 

So the question is, how did the Commissioner not know that 

there was a second video inside the elevator at the time of the June 

16 meeting with Mr. Rice? 

Mr. VINCENT. Well, Senator, I’d like to begin with Judge Jones’ 

decision and her opinion letter. I thought it made it very clear the 

Commissioner first imposing discipline and then coming back and 

imposing discipline again was a deficiency in our system. But as 

we read through her opinion letter, I think she made it obvious 

that if the Commissioner had imposed more severe discipline on 

the onset, it would have made it very difficult for her to rule any 

differently. 

We’ve learned. I think the Commissioner has acknowledged those 

mistakes. We have acknowledged those mistakes. This is all part 

of our evaluation as we look at the new Personal Conduct Policy. 

We failed. The Commissioner failed to impose the proper discipline 

in the Ray Rice case in the very beginning. 

Senator THUNE. But the question is did the NFL ask for the second video and did the Commissioner know it existed? I mean, I assume the NFL knew of it if Ray Rice had it. 

Mr. VINCENT. Yes. Senator, the first video, heartless, gutless, 

despicable. I don’t think there was a need for a second video to impose the proper discipline. We failed in that particular area. The 

Commissioner has acknowledged that. Our office has acknowledged 

that. We made a critical mistake. 

Senator THUNE. So what efforts is the NFL making to ensure 

that, in the future, all the relevant, available evidence is there before making a decision on whether and how to punish a player 

that’s involved in a domestic violence or a sexual assault case? 

Mr. VINCENT. Well, I would begin, Senator, with stating that 

having the right people at the table, having the right voices to 

evaluate, to potentially investigate these horrific crimes, I thought 

at the time. We know now that the right people weren’t at the 

table. Listening to our experts across the country, we’ve learned 

that the right voices, the right discipline, the right process was not 

in place. We’ve learned from those mistakes. We’ve begun implementing, at least at a minimum, having the right people, the right 

discussion, the right system: one, by protecting the victims first 

and survivors, and then second, working toward a fair process, but 

firm discipline. 

Senator THUNE. When might we expect the Mueller investigation 

to conclude? 

Mr. VINCENT. We’re expecting it at any time. We’ve all been put 

on notice in our office, as Mr. Mueller gives us a call or he wants 

to speak, to be cooperative. But we’re hoping that that ends, and 

we’re expecting that report to come to some closure shortly. 

Senator THUNE. Will that be a public report and will it detail the 

results of that investigation? 

Mr. VINCENT. I believe so. 

108 

Senator THUNE. I want to ask a question, and this would be of 

the Players Association representatives, and I’ll try, in the interest 

of time, Mr. Chairman, to give other people an opportunity to ask 

questions, keep this very short, so if you could answer, yes or no. 

A lot of the focus has been on finding the right penalty for domestic 

violence, but would you agree that, at its core, the solution will require athletes to take responsibility for their own conduct and use 

the same self-discipline that has allowed them to excel at sports to 

renounce and end this ugly violence? Ms. Patterson? 

Ms. PATTERSON. I would say that it’s a multifaceted approach, 

which includes personal accountability. But I do believe it also includes education, counseling, and some of the other efforts that Ms. 

Roberts specifically spoke about, particularly before players come 

into the league. You know, we’d certainly acknowledge that accountability for your own actions is important and significant, but 

we do have to acknowledge that players, they are sons, they are 

brothers, they are fathers, husbands, and we just have to assist in 

that development. 

Senator THUNE. Ms. Berman, yes or no? 

Ms. BERMAN. I would say accountability is a very critical part of 

any solution. 

Senator THUNE. Ms. Roberts? 

Ms. ROBERTS. I would concur with both responses, yes. 

Mr. FEHR. I think players are and expect to be held accountable 

for their conduct in many ways. 

Senator THUNE. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you. I’m just going to ask one question, 

not a second question, just one question, so that everybody gets a 

chance to do so, then we’ll have a second round if we’re so lucky. 

This is directed to Ms. Behrens and Ms. Roberts. 

The NBA’s policy on domestic violence is a minimum 10 game 

suspension for felony violent acts. As I understand the policy, the 

league does not impose penalties when there is no conviction. That 

becomes important. But many domestic violence cases do not result 

in conviction, because of some of the factors we’ve already undertaken—there’s the culture of silence and all the rest of it, the people withdraw, don’t press or whatever. 

Too often, victims don’t cooperate with law enforcement for a variety of reasons, so the charges are mysteriously dropped, or defendants will plead no contest. When I hear no contest, red lights 

go off in all directions, but this has a very different effect. In the 

last 2 years, I’m aware of six NBA players who have been charged 

with domestic violence, but the league did not impose any penalties, because there have been no convictions. 

So my question to Ms. Behrens and Ms. Roberts, are you prepared to develop uniform policies that will address conduct by players who have been charged with a domestic violence but there are 

no convictions? 

Ms. BEHRENS. Mr. Chairman, as I submitted to the Committee 

an opinion that the Commissioner released about 2 weeks ago relating to the suspension of one of our players, and in that, the 

Commissioner acknowledged that we needed to do more on this 

issue in terms of discipline going forward, both in terms of our due 

process and not really relying on the criminal justice system. 

109 

One of the things that we’ve learned from our experts, and a 

number of the members talked about it, certainly Senator 

McCaskill mentioned it, is that domestic violence for too long has 

gone both under-reported, under-prosecuted, and under-sentenced. 

And we are committed to making sure that we’re not just relying 

on the criminal justice system going forward, and that we are independently investigating charges that might be brought against a 

player, and as such, are making sure that the Commissioner, who 

does have discretion beyond the 10 games that you mentioned in 

the Collective Bargaining Agreement, does have discretion beyond 

that to impose a suspension that is longer, as we did in the recent 

case of Jeff Taylor. 

So that is our plan going forward, that we will be doing independent investigations, ensuring due process for our players, and 

making sure that the suspensions are firm but fair. 

The CHAIRMAN. Ms. Roberts? 

Ms. ROBERTS. What I would add, Senator, is that in the existing 

CBA, there is, in fact, language that allows the Commissioner, even 

in the absence of a conviction, if there is a reasonable basis to conclude that a player has been engaged in violence, including domestic violence, counseling can be ordered. And again, as Kathy has 

mentioned, there is a basis to impose discipline. So it’s ‘‘in there.’’ 

Having said that, I agree with Ms. Behrens, we are continuing to 

have discussions about ways to tweak and improve our system to 

the extent that there’s any absence of sufficient transparency about 

there being the ability to impose fair discipline. 

The CHAIRMAN. So you both indicate to me that you’re moving 

away from the necessity for a conviction before action can be taken. 

Ms. ROBERTS. What I am suggesting is that there is, as I say, 

there is language that does permit, if there is a reasonable basis 

to conclude that a player has engaged in violent conduct, including 

domestic violence, subject to an investigation by the Commissioner, 

if that’s substantiated, there is an ability to exact a punishment. 

The CHAIRMAN. Thank you. 

Ms. ROBERTS. You’re welcome. 

The CHAIRMAN. Senator Heller? 

Senator HELLER. Thank you, Mr. Chairman. Again, thanks for 

holding this hearing. Also to our witnesses that are here today, 

thank you for taking time. Ms. Patterson, most of my questions will 

be directed toward you. 

Yesterday, the Washington Post reported that the NFL and the 

Players Associations are still at odds regarding changes to the Personal Conduct Policy and how players discipline is handled. Is that 

accurate? 

Ms. PATTERSON. I would say yes. 

Senator HELLER. It is accurate? 

Ms. PATTERSON. That’s correct. 

Senator HELLER. Also in the article, the union has taken the position that a player should have the right to determine whether 

they play or not after an incident like domestic violence or sexual 

assaults take place. Is that also accurate? 

Ms. PATTERSON. I wouldn’t say that’s accurate generally. 

Senator HELLER. Can you be more specific? 

Ms. PATTERSON. Well, it’s hard with a hypothetical. 

110 

Senator HELLER. I’m just taking the article. 

Ms. PATTERSON. Right. 

Senator HELLER. Is it true that the union’s position is that a 

player should determine for themselves, under certain incidents 

like domestic violence or sexual assault take place, whether or not 

they should play? 

Ms. PATTERSON. No. I would not say that’s accurate. 

Senator HELLER. What is accurate? 

Ms. PATTERSON. That we want to have confidence in a process in 

terms of discipline if an incident does occur, and we would like to 

collectively bargain with the league on how that discipline is applied. 

Senator HELLER. So you’re saying that the article in the Washington Post is inaccurate? 

Ms. PATTERSON. I’m saying the question that was posed, and it 

sounds narrowly such, because I’m not familiar with the article, 

nor was I asked to be a part of it. But I’m saying that that part 

that you just asked me about is inaccurate. 

Senator HELLER. I’m just trying to get to the point as to whether 

or not the Players Association is saying it’s okay to knock out a 

woman with one punch on Wednesday and still suit up for a team 

on Sunday. 

Ms. PATTERSON. Absolutely not. We do not condone domestic violence. I stated that earlier, and I will keep stating it. What we do 

is defend players, and we defend the process. 

Senator HELLER. Was a 12 game suspension for knocking out his 

fiance ́e with one punch appropriate in the Ray Rice case? 

Ms. PATTERSON. I don’t know that that was appropriate. What 

we think is inappropriate is inconsistent and unfair handling of 

players and their issues. 

Senator HELLER. What would be appropriate? I mean, you’re 

eluding the questions. What would be an appropriate suspension 

for an individual that knocks out his wife or his fiance ́e? 

Ms. PATTERSON. Well, Senator, I apologize for appearing to elude 

the questions, but I just have to respectfully say that the union is 

not in the business of applying discipline. We are in the business 

of representing our membership to the full extent of their rights, 

both under the law and under the Collective Bargaining Agreement. 

Senator HELLER. Well, I would tend to disagree, Ms. Patterson. 

You’re either for stopping sexual assault, domestic abuse, and child 

abuse, or you’re not. 

Ms. PATTERSON. Right, but I’m not suggesting that we’re 

condoning any sort of misconduct. 

Senator HELLER. Well, let me ask you this question then. Do you 

believe sexual assault, domestic violence, and child abuse are far 

more important, than the union’s issues with collective bargaining? 

Ms. PATTERSON. I would agree that they’re far more important, 

but that’s outside the scope of what we’re talking about in terms 

of labor. I agree that societal issues are more important, yes. 

Senator HELLER. Mr. Chairman, I have no more questions. 

The CHAIRMAN. Yes, you’ve done a very good job on the ones 

you’ve asked. Senator Klobuchar? 

111 

STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM MINNESOTA 

Senator KLOBUCHAR. Thank you very much, Mr. Chairman. 

Thank you. I grew up with professional sports. I think I’m the only 

Senator up here that has all four teams in these leagues in their 

state. I’m not competitive. 

And my dad, as many of you may know, was a sports writer and 

then became a general columnist, and he would get an extra ticket 

to the NFL game, and I would go watch him when I was 12 years 

old and stand outside the locker room and wait for him, and he 

would be the last one out, and there would be some rather inebriated fans as we left. And he is only 5 foot 6, but they would tap 

him on the back and say, ‘‘Great game.’’ And he would always say, 

‘‘It was a team effort.’’ 

And I always have looked at sports that way, and I look at it another way, and that is as a prosecutor for 8 years, and knowing 

what it’s like when our office took on a very difficult case against 

the late Kirby Puckett, who is an icon in our state. We did not win 

that case, but I could understand that culture and how difficult it 

is to win those cases in the court of law, so I appreciate the questions that were asked about discipline beyond the courtroom. 

I also understand what it’s like to take on domestic violence 

cases. Mr. Vincent, in our office, we had a poster outside of my 

door, and it was a woman with a Band-Aid on her nose, and she 

was holding a little boy, and the words under the poster said, ‘‘Beat 

your wife, and it’s your kid that will go to jail.’’ And I so appreciated your personal story and your willingness to stop that cycle 

of violence in your own life, and I know how difficult that is. So 

thank you very much. 

My question is really about how to make sure that these criminal 

cases move forward. I was disturbed by reports in the New York 

Times and the Washington Post that leagues or teams may be discouraging women that come forward to them, wives or partners of 

players from going forward to law enforcement. The only way you 

stop this cycle is not only what I hope you are all doing now with 

your new approach to these issues as having tough penalties, but 

I also think you have to make sure that people are not discouraged 

from going forward. 

So I would just like to ask this question of the four league representatives that are here, and that is, do your teams ever discourage people that come to them, the owners or the coaches, from 

going forward with domestic violence cases to law enforcement? 

And do you have a policy in place, and can you control these owners or coaches from doing that to make sure, going forward, that 

this does not happen again? I would start with you, Mr. Vincent. 

Mr. VINCENT. Well, Senator, we hope that that doesn’t occur. And 

that is the culture that we have to break. That’s the cycle that we 

have to break as we look at implementing our new policy. We’ve 

been talking about personal accountability. We’ve also been talking 

extensively about club accountability. 

We want to make sure that the victims and survivors actually 

have the proper support that these women, these children, that we 

can break that silence, that they have a place that they can go to, 

they have support confidentially, that they’re safe when they go 

112 

home. We’ve embedded ourselves with our critical response teams 

and making sure the local support is in place. But for this behavior—— 

Senator KLOBUCHAR. I have a very focused question about not 

stopping people from going forward to law enforcement, not from 

discouraging them. Is there a way to control the coaches and the 

team owners by saying you cannot do that, if someone comes forward, you have to encourage them to go to law enforcement? 

Mr. VINCENT. Yes, ma’am. As part of our education, that’s something that we’re educating on. 

Senator KLOBUCHAR. OK. Thank you. Thank you very much. Mr. 

Torre? 

Mr. TORRE. Yes, Senator. I wholeheartedly agree with you on not 

discouraging the victims from coming forward, because that would 

be the worst thing that could happen. And I hope it doesn’t happen 

in our sport, because I know winning games are very important, 

but to me, being a good human being certainly surpasses that. 

Senator KLOBUCHAR. And is there a policy in place? 

Mr. TORRE. Well, we are discussing with the Players Association—— 

Senator KLOBUCHAR. But why would the Players Association influence whether or not you tell someone to not go forward to law 

enforcement? 

Mr. TORRE. No, I misunderstood that. There’s no question—— 

Senator KLOBUCHAR. Yes, I don’t think that that’s a negotiable 

issue. 

Mr. TORRE. Our teams, and we have general managers meetings, 

we have owners meetings, and I speak to every manager, and it’s 

about doing things the right way. 

Senator KLOBUCHAR. OK. 

Mr. TORRE. And certainly, being a human being is much more 

important. I went overboard, but that’s the way I feel. 

Senator KLOBUCHAR. Thank you. No, no, no. I appreciate that. I 

just think you’ve got to think of this different than the collective 

bargaining issue. 

Mr. TORRE. No question. 

Senator KLOBUCHAR. This is about going forward with a criminal 

investigation. Ms. Behrens? 

Ms. BEHRENS. Senator, yes. We, in fact, are, as part of our education efforts, doing enhanced training for our team staff. And one 

of the things that we’re making very clear is not only are we saying 

not to discourage, but we’re encouraging and making sure that the 

teams are being proactive in this space. And our first line is, support victims first, and we’re making that clear. 

Senator KLOBUCHAR. Ms. Berman? 

Ms. BERMAN. I’m unaware of any discouragement. And to the 

contrary, we have a system in place where the NHL’s centralized 

security department has contacts at every local team where, if 

something like that was going on, I would hope we would be hearing about it, because it certainly would violate League policy. 

Senator KLOBUCHAR. Thank you. 

The CHAIRMAN. Are you finished? 

Senator KLOBUCHAR. Yes. 

The CHAIRMAN. OK. Senator Schatz? 

113 

Senator SCHATZ. Chair, I defer to Senator McCaskill. 

Senator MCCASKILL. I think I beat you in the room. First, let me 

correct the record on the NBA questions about punishment. I’ve 

looked at the articles and the sections on counseling for violent 

misconduct. Let me make sure the record is clear. The most a commissioner can do for violence without a conviction is counseling, 

isn’t that correct, Ms. Behrens? 

Ms. BEHRENS. No, Senator. I’m sorry, that’s not correct. 

Senator MCCASKILL. So what can the Commissioner do besides 

counseling if there’s not a conviction? 

Ms. BEHRENS. The Commissioner has discretion, under our Collective Bargaining Agreement, which was the discretion that he 

used in the suspension of Jeff Taylor most recently. And that discretion and the language refers to the notion that conduct that is 

detrimental to the League. 

Senator MCCASKILL. To the League. OK. 

Ms. BEHRENS. It’s not necessarily related to a violation or a conviction. 

Senator MCCASKILL. OK. Thank you. I also handled domestic violence cases for many years, started the first domestic violence unit 

in Kansas City. And when I began that unit in the nineties, the 

detectives told me, ‘‘Well, you know, we really can’t do these cases, 

because victims won’t come forward. Victims refuse to testify. So 

why are you doing this? Why are you making us go through the 

motions of trying to prosecute domestic violence?’’ 

And I said, ‘‘Well, we better shut down the homicide unit.’’ And 

they looked at me blankly. I said, ‘‘Well, we don’t have victims in 

homicide cases, but we manage to put a case together based on an 

investigation as to what occurred, based on witnesses’ testimony 

who witnessed the event, based on physical evidence, based on 911 

calls.’’ 

And I point this out, because I think one of the biggest problems 

you have writ large is this notion that you all can sit back and wait 

to see if there is, in fact, a criminal prosecution and conviction. And 

I think you all know fundamentally the pressure that is brought 

to bear on that victim from the moment an arrest is made or from 

the moment the team finds out. Because many times, you all know, 

you have a lot of off-duty police officers that are huge fans, and 

they work for you all. And when they find out one of your guys are 

in trouble, I know this for a fact, because when I was the prosecutor, I got the call that Cris Carter was involved in something 

in Westport, a big famous Chiefs player, and I immediately heard 

from the team about what I should and shouldn’t do with Cris 

Carter. Before I’d even heard from the police department, I heard 

from the team. 

So what we really have to do here is look to see what you are 

doing independently to investigate these cases, and independently 

determine what the facts are, because that’s how the NFL got in 

trouble, Mr. Vincent, is you didn’t see it—Roger Goodell didn’t see 

it as his responsibility to ask the question, is there another tape, 

and I need to see it before we do punishment. There was not a 

process in place. 

And let me just give you one example. And I think we should say 

for the record that Major League Baseball Commissioner, Bud 

114 

Selig, has never sanctioned an MLB player for domestic violence. 

Never in 22 years. Now, teams have, but at the Commissioner 

level, that has never occurred. And I’m going to go through one example, Francisco Rodriguez. By the way, I found all this just 

Googling around on my iPad last night preparing for this hearing. 

This wasn’t prepared by my staff—anybody could do just this and 

look into Rodriguez’ record that is written in print. 

In 2005, based on sworn court testimony, he put a young lady by 

the name of Daian Pena, he hit her so hard that she was hospitalized in Venezuela. He then convinced her to move to the United 

States with him and in 2010, he assaulted her father at the Mets 

stadium, pulling him out of the family lounge. At the time, Carlos 

Beltran said, ‘‘Well, this is bad. We all have problems at home, but 

you need to keep it at home.’’ 

He was prosecuted for that, and during the prosecution of that, 

he had an order of protection entered to not contact the young lady 

or her father. He violated those orders of protection. This is in 

2010. Violated those orders or protection, was convicted of the assault of her father, and given one year of anger management. 

He then goes onto the Milwaukee Brewers. And in 2012, he’s arrested—a 911 call at 2:40 in the morning. And his girlfriend is 

huddled in a closet at their home and tells everyone what has occurred—excuse me, that’s my phone—tells everyone what has occurred. They arrest him. There’s staff there at the home who are 

also from Venezuela. So what happens? The case is not prosecuted, 

because guess where the victim and the housekeeper went? To 

Venezuela. 

He then becomes a free agent, and guess where he is back in 

2014? He’s back in Milwaukee pitching, and pitches in the All-Star 

game. And nothing has ever happened to him in terms of baseball. 

Now, I know I’ve taken all my time, but I wanted to get that 

story out there. And what I would like for the record, and I’m going 

to stick around for another round if the Chairman is willing to do 

it, because I want to know from each of you how serious is your 

league about an independent investigation into the facts? Or how 

content are you to sit back and go, well, maybe she won’t go 

through with it, maybe she won’t come forward, and if there’s not 

a conviction, we’re off the hook? 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator McCaskill. Senator Schatz? 

The votes start you think at 4:10? Senator Schatz. 

STATEMENT OF HON. BRIAN SCHATZ, 

U.S. SENATOR FROM HAWAII 

Senator SCHATZ. Thank you, Chairman. Thank you, Ranking 

Member. My question is for Mr. Vincent. We know Commissioner 

Goodell recently changed the NFL’s domestic violence policy to require a six game suspension for first offenses. We also know that 

after he changed that policy, Mr. Goodell personally called Ray 

Rice. What was the content of that conversation? 

Mr. VINCENT. I wasn’t aware of him calling Mr. Rice. 

Senator SCHATZ. Well, this has been widely reported. And my understanding is that it was to reassure him that this would be apVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00118 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\96245.TXT JACKIE
115 

plied prospectively rather than retroactively. And you’re not aware 

of this? 

Mr. VINCENT. No, sir. 

Senator SCHATZ. OK. Well, I’d like to offer you these questions, 

and you can get back to the Committee, because my question for 

you about that is, is this normal? Does the League consider this appropriate? Does the Commissioner, as a general proposition, interact directly with players who are subject to disciplinary proceedings, or was this a one-off? And I think it goes to the culture 

that Senator Heller spoke of in his opening statement, which is get 

the player back on the field. Your financial incentives are aligned 

toward getting the player back on the field. And I found it odd, and 

I found nothing in your policies and procedures that would indicate 

that it was appropriate for the Commissioner of the football league 

to call an individual player to reassure him that everything was 

just fine. 

Mr. VINCENT. Senator, I will investigate that and get any information back to you. 

Senator SCHATZ. Thank you. The NFL’s handling of domestic violence is illogical in my opinion, especially when you look at the 

strict treatment of athletes who violate the drug policy. Take Josh 

Gordon. Mr. Gordon was suspended for an entire season for testing 

positive for marijuana during the off season. This imbalanced treatment actually happens all the time. 

ESPN analyzed cases of players found guilty of domestic violence 

between 2000 and 2014. The analysis showed that, in 88 percent 

of the cases, the NFL suspended players for only one game or not 

at all for domestic violence. While in comparison, in 82 percent of 

substance abuse cases, the NFL handed out suspensions of four 

games or more. Does the league consider that to be an inconsistency that has to be corrected going forward? 

Mr. VINCENT. Yes, sir, Senator. And that’s one of the things that 

we’ve been looking at, that we’ve been evaluating. I think now, our 

staffers, the Commissioner, when you learn the complexities and 

the severity of child abuse, domestic violence, and sexual assault, 

we failed, we failed in that area to punish, to hold one accountable. 

I know recently in the Players Association’s most recent proposal— 

and this is one of the complexities that we have, when is it the appropriate time to take someone off the field? The most recent proposal said you need a conviction. We strongly disagree with that. 

We strongly disagree that there needs to be a felony or a conviction 

for us to remove someone off the field. 

Senator SCHATZ. Where are the owners in all of this? I know 

we’ve sort of touched upon this issue, but it seems to be, in particular with the NFL, a lot of the leverage is with the individual 

teams, and a lot of the difficulty is with the individual teams. And 

the teams aren’t represented, if I’m not mistaken, at this table. 

And I’m wondering what leverage you think the NFL can exercise 

with respect to its interactions with the owners. Because certainly 

in the Ray Rice case, the problem was system-wide, but it was in 

particular with the Baltimore Ravens as an organization, and I’m 

wondering how those interactions are going. I think Senator Heller 

and other are referring to the collective bargaining process. That’s 

part of it. But really, a lot of the challenges of the financial incenVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00119 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\96245.TXT JACKIE
116 

tives of the owners are to get the player back on the field and figure that the fans will forgive them in the end. 

Mr. VINCENT. Yes. And in our last two owners meetings—we 

have one coming in the next 2 weeks—it has been the focus of our 

discussion, some uniformity to make sure that we are consistent 

with in penalty process and how we see—— 

Senator SCHATZ. So what leverage are you prepared to exercise 

in your interactions with the owners, because I understand that by 

revenue, the owners are bigger than the League, and I’m wondering what you’re prepared to do to try to get the owners to participate in this new system of accountability? 

Mr. VINCENT. Well, we’re looking at all options. And one of the 

things when we start talking about club accountability, maybe the 

removal of draft picks. You know, you have to do things to really 

hit the club, to hold the clubs accountable. But all things are on 

the table. We’re discussing all options to make sure that everyone 

is held accountable, the player, the staff, local law enforcement 

that’s working with the team, as well as the clubs themselves. 

Senator SCHATZ. Thank you very much. 

The CHAIRMAN. Senator Walsh, followed by you. 

STATEMENT OF HON. JOHN WALSH, 

U.S. SENATOR FROM MONTANA 

Senator WALSH. This question is for you. As you mentioned, you 

and your wife founded the Safe at Home Foundation to education 

young people about domestic violence. Proactive approaches to ending the cycle of domestic violence, like your foundation, are critical, 

so thank you and your wife for taking that on. Can you tell us 

about your experience with the foundation and what education 

strategies you have found to be most effective in preventing domestic violence before it starts and what could be incorporated from 

your foundation into the leagues? 

Mr. TORRE. Well, I just feel our Safe at Home Foundation, when 

we first started the foundation, we were deciding on which way to 

approach, because growing up in that environment, I really didn’t 

find out until later on in life that a lot of my insecurities came from 

what was going on in my home where my dad was abusing my 

mom. And having been a child growing up that way, I was lucky, 

I got to play baseball, so I had a place to hide. Not a lot of youngsters were that lucky. 

So when we first started, went to a middle school and start talking to youngsters, not about baseball. I said, ‘‘We’ll talk about baseball in a minute, but I want to explain this camera crew behind 

me, because we were going to have our first gala.’’ And in speaking 

to the youngsters about what was going on in my home, I looked 

out there, and about six or seven are shaking their head like this. 

In other words, we struck a nerve. 

So the most important thing, we have a master’s level counselor 

in each one of our rooms. We name them after my mom, Margaret’s 

Place. And what we do is let the kids know that, first of all, it’s 

not their fault, and they’re not the only ones going through this. 

When I grew up, I thought I was the only one. I was embarrassed 

to share it with anybody. And we’ve had a number—as I said earVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00120 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\96245.TXT JACKIE
117 

lier, close to 50,000 youngsters—that have come through our programs, and we have peer leadership programs. 

We just don’t reach enough kids. That’s our issue for me. Because I don’t believe there are bad kids. I think kids do bad things. 

And you know, just from my experience with the Attorney General’s Defending Childhood Taskforce, going around and listening 

to so many different gang members, tribal communities, you realize 

how many different layers of domestic violence or violence period 

that there are. And what we try to do with these youngsters that 

come through our program is to make them think that their future, 

make them understand their future is out there. It’s not like when 

they leave school and they’re sort of helpless, just go with the first 

strong personality they see. We educate them to the point of making them feel pretty good about themselves. 

Senator WALSH. Thank you. 

The CHAIRMAN. Thank you, Senator Walsh. Senator Ayotte? 

STATEMENT OF HON. KELLY AYOTTE, 

U.S. SENATOR FROM NEW HAMPSHIRE 

Senator AYOTTE. Thank you, Mr. Chairman. One thing I wanted 

to note up front is that all of you are here, we’re appreciative that 

you’re here testifying today. But Commissioner Goodell, Commissioner Selig, Commissioner Silver, Commissioner Bettman were all 

asked to be here, and leadership does start at the top. I do think 

that it’s pretty convenient that none of them were able to appear 

today, and it says something about their level of commitment. They 

should all be here today. And while I’m appreciative that you’ve 

been willing to appear in their stead, I think that it says something 

about how big a commitment there is going to be on this. That does 

need to lead to the owners as well, who have to take responsibility 

for what happens here. 

I want to associate myself with the comments of Senator 

McCaskill, because you do need to establish an investigative process for these cases that do not result in criminal conviction. This 

is imperative, because you have to hold yourselves to a higher 

standard. The bottom line is that, in many of these cases, victims 

are not going to come forward because of the financial pressure 

that they face, the social pressure that they face, and the terror 

that they face. However, that does not alleviate your responsibility 

to get the facts, to look at the evidence, and to still impose discipline, even if a victim is too terrified to come forward. 

In the same regard, I wanted to follow up on Senator Klobuchar’s 

questions about the reports of victims who are being encouraged 

not to come forward, or, in the instance that Senator McCaskill 

gave, where one victim was actually flown to another country. I believe as you look at your policies, the sanctions should be as severe 

for this type of witness tampering as it should be for the underlying violent acts, because this is, witness tampering. If you put 

those sanctions in place, it will make very clear that, if someone 

is a victim of domestic or sexual violence, that neither the coaches 

nor the players nor anyone else should be interfering with their 

ability to come forward or interfering with the way that they are 

able to be safe and receive the support that they need as victims 

of a crime. 

118 

Now, I wanted to ask specifically a follow-up question on an 

issue. As I look to you, Ms. Roberts and to Ms. Patterson, one of 

the things that I’m concerned about as I’ve listened to the testimony today is that, in terms of the players-side of this, that they 

not hide behind the collective bargaining process or agreement 

when it comes to basic accountability and basic responsibility for 

not committing crimes. This is what they are, crimes, crimes of violence against women, sexual violence against women, or, as we’ve 

seen some instances, violence against children. 

I want to use as an example, Ms. Roberts, the recent situation 

of the imposition of discipline against Jeff Taylor, who is a Charlotte Hornet player. I understand he received a 24 game suspension 

for a conviction for domestic violence for beating a girlfriend. What 

I saw was the union’s complaint that that suspension was ‘‘excessive.’’ As I understand it, the player himself has accepted this suspension. I have to say your response, or the union’s response, I 

don’t know if it was yours in particular, to say that this was excessive. To me this highlights the problem that we’re facing, and it’s 

disgusting to me that you would say that it is excessive. So I would 

want you to address that. 

Ms. ROBERTS. Sure. I’m happy to. 

Senator AYOTTE. What do we do in those situations? Why do you 

believe that was excessive? If we’re going to get at this issue, this 

has to be the player’s responsibility, the responsibility of the officials in the league, and the owners, everyone needs to have a hand 

at this. So I would like to know what you were thinking, or not you 

particularly, but the unions. 

Ms. ROBERTS. I’m happy to answer your question, Senator. And 

let me be clear, because the Players Association was not, for one 

second, suggesting that some punishment was not warranted. Of 

course, it was warranted. And we expected the Commissioner to 

impose punishment, and he did. Our position was simply that, we 

have a CBA, which we believed, and we have a disagreement about 

this, had precedent that indicated that that was an excessive punishment. The Commissioner, when he imposed the punishment, acknowledged that it was a significant departure from prior punishments. And so again, our position was that the CBA required us 

to collectively bargain, if there was going to be some imposition of 

punishment that belied the CBA. 

Having said that, the player was never discouraged from accepting responsibility. It was his desire, his right to grieve or not to 

grieve. He chose not to grieve. And I said to him in his face, and 

I said it behind his back, and I’ll say it again, we absolutely endorse his decision to take responsibility for what he did, and the 

matter has been closed. 

My only point, Senator, is this. While we all agree, and we do 

all agree that this is very serious business, and we need to take 

it seriously, we don’t believe that we need to, at the same time, 

abandon due process. And that’s the only point. That doesn’t mean 

that 24 games may not be appropriate under certain circumstances. 

It simply meant that, within the four corners of the CBA, and 

again, we have a disagreement about this, it did go beyond the 

scope of what was collectively bargained for. 

119 

But I don’t want you, Senator, or anyone to assume that the National Basketball Players Association does not take this seriously. 

We do. I have spent the last 2 weeks visiting with 9 of my 30 

teams. I intend to see the rest of them in the next 2 months. And 

every time I meet with them, I make clear to them that we will 

not tolerate this kind of conduct. It’s not the NFL’s problem. It’s 

our problem as well. And so I don’t want our position on the Jeff 

Taylor matter to in any way confuse our commitment to making 

sure that this thing goes away. 

My only final point I make is this—— 

The CHAIRMAN. No, I’m sorry. Your time is over. 

Ms. ROBERTS. Then I guess I won’t. 

The CHAIRMAN. Senator Blumenthal is next. I’m going to go vote. 

Senator Cantwell will be Chair. And I’ll be back. And let’s just 

work it out, OK? But we got to keep it going. 

STATEMENT OF HON. RICHARD BLUMENTHAL, 

U.S. SENATOR FROM CONNECTICUT 

Senator BLUMENTHAL. Thank you. Thank you, Mr. Chairman, 

and thank you for having this hearing. I want to join in expressing 

my admiration for your proceeding in spite of the obstacles, some 

of them that have been raised. And thank all of you for being here. 

We have some sports heroes here, and we have some professional 

legal heroes, and I’m grateful to each of you for coming to talk to 

us today. 

But I want to talk about the people who are not here, the owners. And in a certain sense, they are the bosses. They’re going to 

be the ones who make the ultimate decision. Let’s just talk the realities here. And the financial reality is that words and promises 

are a lot more difficult than action. And I’m looking for a way to 

impose accountability beyond a hearing, beyond negotiations, and 

accountability that means something in dollars and cents. 

Right now, the professional leagues represented here are not only 

the object of public scrutiny, they are the beneficiary of huge benefits in the form of tax breaks, subsidies for teams, and stadiums, 

as well as chief among them, the antitrust exemption. Today, I am 

proposing that we end the blank check to the leagues, the antitrust 

exemption that has enabled the leagues to successfully negotiate 

together, as no other corporations in the United States would be 

permitted to do under antitrust laws, for literally billions of dollars. 

And that antitrust exemption should be contingent on doing the 

right thing, really acting, not only talking about acting, but doing 

it. And by acting, I mean investigating comprehensively and aggressively, imposing sanctions as a consequence of that investigation, adopting a due process that has been so sorely lacking and, 

Mr. Vincent, is the reason why the league was so embarrassed, because there was no process, as Ms. Patterson has also observed, 

and, maybe most important looking forward, and really, it hasn’t 

been mentioned here, aid to the organizations and groups that provide assistance to the survivors and victims of domestic violence 

within your leagues, in your families, and across the United States. 

I want to thank Mr. Torre for his example, because I think men 

have a vital role, which is the reason why your players can be such 

role models, such positive role models, for others and why the 

120 

leagues can be such positive role models in providing tangible financial assistance, which you have not yet done, for all the talk 

here, to the advocacy groups and organizations that are so pivotal 

in fighting domestic violence. So I’m asking for a commitment that 

you will support this accountability and that you will support the 

groups that assist victims and survivors. 

In the interest of time, I’m just going to ask, is there anyone here 

who would not make that commitment? By the absence of a response, I’m going to assume that you would agree with me that 

that kind of commitment is important and necessary. You’ve begun 

doing it. But I’m not asking you to continue what you’ve done, but 

for a substantial increase in that assistance to the hotlines and the 

shelters, and all the service groups. And I hope that you will all 

join in that commitment. 

Let me ask Mr. Vincent, what is the timeline for you, for the 

league, to adopt a process for imposing punishment within the 

NFL? 

Mr. VINCENT. The Commissioner had stated in his earlier press 

conference that he would like to have a new policy in place by the 

Super Bowl—that would be the latest. 

Senator BLUMENTHAL. And what is the process that will provide 

for owners to approve that process? 

Mr. VINCENT. And next week, we actually have our owners’ meeting where we’ll begin to talk about, again, some of the things that 

we’ve learned. We’ve heard much about the process, accountability. 

So we’re hoping to have, within the next 2 weeks, a real clarity in 

the position on where we are as far as a real formal, clear process 

moving forward. 

Senator BLUMENTHAL. The bill that I proposed would sunset the 

professional sports leagues antitrust exemptions under the 1961 

Sports Broadcasting Act and the comparable provisions for the 

MLB. One year after the bill’s enactment, it would authorize a 

commission to provide a report to Congress regarding the league’s 

behavior in the interests of the public, and it would allow Congress 

to reauthorize exemptions every 5 years, based in part on commitments to aid public service organizations. How much is the NFL 

willing to commit to aid those organizations? 

Mr. VINCENT. Well, we make substantial commitments. We’ve 

made 5-year commitments both to the National Domestic Violence 

Hotline—— 

Senator BLUMENTHAL. And what is the amount of those commitments? 

Mr. VINCENT. I think it’s almost 4 to $5 million a year. 

Senator BLUMENTHAL. You’ve made a commitment to the domestic violence hotline for $5 million a year? 

Mr. VINCENT. National Domestic Hotline. Yes, sir. We’ve also—— 

Senator BLUMENTHAL. Would you be willing to make commitments of the same or comparable size to other organizations that 

do similar kinds of work? 

Mr. VINCENT. I cannot make that commitment today. 

Senator CANTWELL [presiding]. Senator Booker? 

Senator BLUMENTHAL. Who can make that commitment? 

Senator CANTWELL. I just want to make sure, we’re trying to get 

the rest of the members in, so your time has expired. 

121 

Senator BLUMENTHAL. Who can make that commitment? 

Mr. VINCENT. That’s something that we discuss as an entire 

team, we discuss with our experts who are those leading organizations, those organizations at the grassroots level that need the support to support our families, to support NFL personnel. So that’s 

a collective decision that was made for us to support the National 

Domestic Violence Hotline and the National Sexual Assault Resource Center. 

Senator BLUMENTHAL. Thank you very much to all of you. I’m 

sorry that my time has expired. 

Senator CANTWELL. Thank you. Senator Booker? 

STATEMENT OF HON. CORY BOOKER, 

U.S. SENATOR FROM NEW JERSEY 

Senator BOOKER. Thank you. Real quick, I just want to thank the 

Ranking Member for saying that perhaps we should be revisiting 

this after the new year, when I assume you’ll be the Chairperson, 

because that issue of accountability keeps coming up. It only can 

be held by this body, should we have the chance to revisit this and 

see the progress that has been made. I’m going to go very quickly, 

as a vote has been called. 

You, obviously, Mr. Vincent, are saying that you’re seeking to 

help fund, and a lot of the charity you enumerated in your opening 

statement was about funding and supporting domestic violence prevention, domestic violence treatment, and the like. And that’s true, 

that you see that those organizations often need more resources, is 

that correct? 

Mr. VINCENT. Yes, sir. 

Senator BOOKER. Mr. Torre, real quick. The Major League Baseball does not have a tax-exempt status, is that correct? The league, 

the actual league, Major League Baseball. 

Mr. TORRE. Right. Correct. 

Senator BOOKER. Does that hurt your financial bottom line? 

Mr. TORRE. No. I don’t think so. 

Senator BOOKER. Right. And so I don’t think so either. 

Mr. TORRE. Yes, I think we’re doing well, yes. 

Senator BOOKER. Mr. Vincent, the Congressional Budget Office 

says, if we remove those teams, those leagues—unlike Major 

League Baseball, there are a number of leagues, including the 

NFL, that have a tax-exempt status. The Congressional Budget Office says if we removed that tax-exempt status, it would yield millions of dollars a year annually back to taxpayers. And my question 

to you is, understanding that these organizations need more funding, why does the NFL need a tax-exempt status, when we could 

be redirecting the money to domestic violence prevention and treatment programs? 

Mr. VINCENT. Well, what I would say, let me make it clear, all 

club revenues, all league generated—— 

Senator BOOKER. You don’t have to enumerate that for the 

record. I am very familiar with individual teams’ revenues. I’m 

simply asking you right now. I have to justify to my constituents 

why the NFL, this multi-billion dollar organization, has tax-exempt 

status. Do you believe that just like the Major League Baseball, do 

you believe that you should have tax-exempt status? 

122 

Mr. VINCENT. Yes. We’re run just like a trade association, very 

similar, our office. 

Senator BOOKER. No, no. So you think that you should continue 

to enjoy a tax-exempt status that Major League Baseball does not 

have? 

Mr. VINCENT. No, it’s not to enjoy. Today, that’s how we’re currently run. Our clubs again, our revenue is taxed. And Senator, I’ve 

actually seen your proposal, and I do believe that when we combine 

both public and private resources, we could fund the intervention 

and the prevention, some of the things that I’ve seen in your proposal. This is how we both collectively, both privately, and public 

resources, we can make a difference in the area of domestic violence, sexual assault, and child abuse. 

Senator BOOKER. No, and I really appreciate that, and I appreciate the charity. My simple point is, are professional leagues that 

enjoy, as the Senator just said, exemptions to a lot of laws and 

enjoy tax-exempt status, simply should not enjoy a tax-exempt status where that money that the Congressional Budget Office says 

could be reaping—could save taxpayers millions of dollars annually. That money could be used to invest in these programs that 

right now it seems we have to rely on the charity of the NFL, and 

I don’t think that’s adequate. But let me shift gears real quick. 

I feel very, very fortunate, having played college football, to have 

a lot of friends that have played in the NFL, played in the NBA, 

and some friends that are still in the NFL and NBA. And it has 

been described to me as just incredible resources. Player orientation to me is dazzling, when they let the players know, hey, we’re 

here for you. If there’s a crisis, you have hotlines. If you’re stuck 

at a club and can’t get a ride and are inebriated, the NFL is there 

for you, right? You can call. And the NBA. This I know. Thank you 

for shaking your head. Maybe you’re not aware. 

Mr. VINCENT. Yes, sir. 

Senator BOOKER. Yes. And so one of the concerns I have is that 

when it comes to calling that team for issues of domestic violence, 

that often the incentive, from my experience and what I know 

about my friends that are players, and forgive me, I only know the 

NBA and NFL players, is that often the objective is to keep that 

player out of the news, to keep issues quiet. And to me, that works 

against ultimately what the goal is when it comes to domestic violence, which is bringing light and attention to a problem as opposed to just creating an environment where it’s swept under the 

rug. 

And so one of the big concerns I have as these reforms are discussed and talked about is this rapid response that clearly we see, 

that I know about personally, that that rapid response doesn’t have 

two different objectives that are contrary to actually dealing with 

the problem that might be encountered. 

And I’d just like, in the second that I have left, if you could give 

me some assurances that what I know to be the case from friends 

who’ve played and are playing in the NFL and NBA, that this system will be changed in a way that puts the victims’ needs and concerns and family situations ahead of that player’s ability to remain 

on the field and the corporate interest that exists to keep that player being productive. 

123 

Mr. VINCENT. Yes. 

Senator BOOKER. And I’d like both NBA representatives and 

NFL representatives to do so, and I’m done. 

Mr. VINCENT. OK. Well, that is at the core of what we’re talking 

about, what we’ve been evaluating, is to make sure that the victims 

and the survivors have the support that they need. We recognize 

that we have to break the culture of silence. The programs that you 

mentioned, the last 4 years that was my sole responsibility, player 

programs and services. It’s a shared responsibility. Those programs 

are put in place in collaboration with the Players Association to assist families. 

We want to encourage the families to seek out proper help, proper assistance. I can assure you moving forward in the area of domestic violence, sexual assault, and child abuse, that we want to 

make sure that we break that silence, that the victims and survivors are safe. 

Ms. BEHRENS. And Senator, I’ll just make the same assurance, 

that part of our training and education program that we’re rolling 

out with our teams and have shared at the highest levels is to 

make sure that this is not something that is discouraged but encouraged, both for people to get help, but also to report behavior 

that’s in violation, certainly of any criminal law and any violation 

of the NBA’s codes of conduct. 

Senator BOOKER. And just as I return to the Chair. That’s the 

accountability that we need to make sure these systems are changing. And just for the record, I think it’s ridiculous that the NFL 

and other sports teams enjoy tax-exempt status. That’s resources 

the taxpayers could be using for something else. 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Senator Booker. So actually, 

thank you for emphasizing that point, because I don’t think I’m 

going to have time for questions, and I will just submit some questions for the record. 

But that particular issue is of interest to me, and obviously, the 

fact that the Baseball Association and Basketball Association don’t 

enjoy that tax-exempt status, and yet, the NFL continues it. 

I guess my main point is, we saw this case with Donald Sterling, 

and we saw immediate and swift action. In fact, Michael Jordan 

praised the NBA saying ‘‘a powerful message was sent that there 

can be no tolerance, zero tolerance, for racism and hatred.’’ So it’s 

clear that, in some cases, these organizations can act swiftly and 

do act swiftly. The question is, in this issue of domestic violence, 

why you don’t. And I think that what we’re hearing from many of 

my colleagues today is, what is the culture within these organizations that prevent it from acting as swiftly as was in the case of 

Donald Sterling? 

So I’m going to submit some questions for the record, but I also, 

too, want to be on record that the NFL, I’m hearing from my constituents as I’ve raised this issue related to what is a very hateful 

name in association with the NFL, but my constituents now are 

just flabbergasted that the NFL continues to enjoy a tax-exempt 

status. For what purpose? And yet, on these issues of having a 

124 

name of hatred for a team, and then having these cases of domestic 

violence, to say nothing of the incidents of what happened in Florida with players, the NFL is not showing the leadership that I believe that it should, and it certainly doesn’t deserve the tax-exempt 

status. 

So I’m going to submit from further questions for the record, and 

I want to thank my colleague, Senator McCaskill, for her leadership on this issue, and certainly want to work with her in her role 

as previously understanding these issues from a prosecutorial perspective of how we can get some cultural issues ingrained into 

these institutions. 

So I’m going to turn the gavel over to you, and thank you. 

Senator MCCASKILL [presiding]. Thank you. I’m going to state on 

the record here that I’m going to miss a vote. I think this is—I 

would vote aye on the nominee that we’re voting on right now, and 

the record should reflect that, but I’m going to skip that vote, because I think the questions that need to be asked here, in the long 

run, could have more impact on a problem that I think is pervasive 

and important than one more vote in a confirmation that is going 

to occur with or without my vote. So I’m going to stick around. 

So Mr. Rubio, you have an opportunity to question now, and then 

hopefully, I’ll get another chance. 

STATEMENT OF HON. MARCO RUBIO, 

U.S. SENATOR FROM FLORIDA 

Senator RUBIO. Thank you. Thank you, Madam Chair. I appreciate it. Thank you all for being here. And I’m going to limit my 

comments to the National Football League, although all of you, domestic violence is important in society as a whole and all of the 

sports, it’s the sport I’m most familiar with as both a fan of it, living in a city that has a franchise. You may not know this, but I 

would have played in the NFL, had it not been for my lack of size, 

speed, and talent, but that was my goal. 

And I want to begin by saying, Mr. Vincent, I have the highest 

respect for you, though. You and I have never met. We have a lot 

of friends in common. You’re reputation among many in league circles is as high as anyone I’ve ever heard. Certainly as a Dolphin 

fan remember us drafting you in 1992 and sorry to see you leave 

in 1995. When Jimmy let you go, it was a big mistake—in 1996. 

But in any event, I appreciate your service, both as a player, and 

for the NFLPA, I believe, and now for the league. 

But I do want to make two points about the NFL that are important and ask you this question. The NFL doesn’t just play for 3 

hours on Sundays, Monday, and Thursday nights. The NFL is a 24 

hour, 7 day a week endeavor that actively wants Americans to admire and emulate the people it puts on the field. It wants our 

young people to wear—and this is true of all the leagues, but 

again, I’m focused on the NFL—it wants young people like my 

sons, and they want to and do, to wear the same shoes, to wear 

their jerseys, to buy the same and use the same products. I mean, 

we just read a couple of weeks ago, now, they regulate what earphone they can use during pre-game warmups, because the league 

has established a contract with one of the providers, and they want 

them to wear those. So this is an ongoing, 24 hour endeavor. It 

125 

wants young people to emulate and to look up to these athletes, 

and they do. 

In fact, I can tell you, being involved now in youth football, and 

this is very sad, but it is true in some instances, some of the only 

positive male role models that many young Americans today have 

happen to be the professional athletes they’d see on Sundays or at 

nights on television in any of your leagues. So I think it’s important to preface that, because this is not just a sport that’s played 

on a field 3 hours at a time. This actually has deep impacts 

throughout society, and there are millions of young—especially 

young boys, but young Americans who look up to these players. 

And whatever happens or does not happen with them has a deep 

impact on them, because for many of them, it’s the only male role 

model that they have in their lives, unfortunately, in the cases 

where people go wrong. 

And that’s why the Ray Rice case so interested me. Because the 

situation with Mr. Rice involved, number one, someone that my 

sons actually personally admired. My sons actually came to admire 

Ray Rice, because there’s—I’m now getting deep in the weeds here, 

but one of my sons kind of plays a hybrid running back position. 

He’s not the tallest kid on the team, but he’s very quick. And so 

he looked for someone on the National Football League that had 

the same attributes, and that was Ray Rice, and he really looked 

up to him. And a few weeks ago, he wanted to know why isn’t Ray 

Rice playing, and I had to explain to him why he wasn’t playing. 

And the impact of that was extraordinary on him. He’s still kind 

of young to full comprehend what it means, but what happened or 

didn’t happen with him had an impact on him and other young 

people across America, because it served as an example of what 

happens in society and in life when someone does the wrong thing. 

So that’s why I’m so interested in that case beyond the horrifying 

instance that happened. 

My understanding from the testimony I watched on television a 

few minutes ago is that you stated that the Commissioner nor the 

league had ever seen the elevator video, but that it didn’t need to, 

because in essence, everything that happened in that elevator that 

the video showed had already been admitted to and testified to by 

Mr. Rice, is that correct? 

Mr. VINCENT. Yes. And if I can, Senator, again, the Commissioner had stated that he not yet seen the video, and as I mentioned earlier, I think anyone, anyone of us who had witnessed 

that, you know, saw that despicable act—— 

Senator RUBIO. But the point is that Mr. Rice, whatever we saw 

on the video, and it’s certainly a horrifying video to watch, but he 

basically had already told the Commissioner, that whatever that 

video showed, he had already admitted to, is that correct? 

Mr. VINCENT. Yes. 

Senator RUBIO. And so basically, not having seen the video is the 

same as having seen it in this instance. I mean, that’s what you’ve 

said here today, that you didn’t need to see the video, because they 

already knew what happened. 

Mr. VINCENT. Senator, as I acknowledged in the beginning, we 

made a mistake. 

126 

Senator RUBIO. Well, I guess I’m trying to understand the process by which—and you may have explained this already, what is 

the process? Because I know what would have happened to Ray 

Rice had he tested positive for marijuana. I know what would have 

happened to Ray Rice had he tested positive for steroids or an amphetamine or epinephrine, had he taken Sudafed at the wrong time 

without a doctor’s note. I know what would have happened if he 

would have done any of those things. 

Is this a completely arbitrary process where the Commissioner 

assigns punishment based on how he feels, or is there a set model 

in place for what an action equals, an admitted action, because this 

is not an instance where there was a dispute? Mr. Rice fully admitted to what he did and actually described it to an extent that you 

said here today you didn’t need to see the video to know how bad 

it was. What is the criteria that they use to determine the punishment? 

Mr. VINCENT. Senator, we failed to impose the proper discipline 

on Ray Rice. 

Senator RUBIO. But I guess my question is, how do we measure? 

I wanted to know what is the process in place moving forward, I 

suppose, as well. But at the time, what was the process if someone 

came forward, admitted what we saw on the video, that they had 

punched their fiance ́e in the face in an elevator, by what measure 

did the Commissioner decide how to impose a punishment? Why 3 

games instead of 10? Why six games instead of a full year? Was 

it fully just arbitrary, or was there something he looked to as a 

measuring stick? 

Mr. VINCENT. No. I would say he actually looked back to some 

of the past cases. And when he’s actually tried to impose discipline, 

harsher discipline in the past, it was appealed and knocked down. 

And I think that shows the severity of what we know about these 

crimes. He went back, and typically—— 

Senator RUBIO. Appealed to an arbitrator? 

Mr. VINCENT. The Players Association appealed that offense, and 

the discipline that was handed out in the past was appealed and 

knocked down. 

Senator RUBIO. So your testimony is that if a player comes forward and says to the league, I just punched my fiance ́e in the face 

and knocked her out, and the Commissioner decides, I’m going to 

suspend you for a year, the players’ union will file an appeal 

against that decision, because one year is too long for someone that 

just punched their fiance ́e in the face and admitted to it? 

Mr. VINCENT. The Players Association has that ability. 

Senator RUBIO. And they’ve been successful? 

Mr. VINCENT. That’s one of our—that’s where we have our challenge here. Yes, sir. 

Senator RUBIO. What is the criteria now? 

Mr. VINCENT. That’s what we’re developing. The Commissioner 

right now has the ability to either impose or designate an individual to see the case, to hear the case. Right now, understanding 

and learning the complexities that are associated with it, it has 

been talked earlier about having internal investigations or parallel 

investigations with law enforcement, but we’re looking at, again, 

severe discipline. Our August 28 letter to both the owners and also 

127 

the players, the Commissioner spelled out very clearly, first offense, a minimum of six games. Aggravating factors gives him or 

his designee the ability to impose more severe punishment. 

Senator RUBIO. My time is up. 

Senator MCCASKILL. Thank you. Thank you very much. First, I 

wanted to comment before I didn’t get a chance. I’ve never seen so 

many women representing major league sports, professional sports 

in this country, at a moment of high profile importance for the 

leagues, and I think it’s a good thing. I think it’s terrific. And I 

would tell all of you to go back to the organizations you represent 

and say that you need to be at the table more often, not less often. 

But I don’t think I ever recall seeing this many women representing professional sports at a moment like this in our country’s 

history, so I wanted to make note of that. 

First, I had a question to the National Hockey League. In reading about the suspension of the player that occurred recently, I 

think he’s a defenseman for the Kings, and I won’t try to pronounce 

his name, I noticed in the article that the team was complaining, 

because his salary was going to continue to count against the salary cap while he was punished. I found that interesting, because 

it creates a financial incentive for the team to not punish. 

So my question to you, yes or no, does the league favor removing 

a salary counting against the salary cap during a time of suspension? 

Ms. BERMAN. Initially, when the suspension was imposed, it was 

determined by the League Office that the suspension should be 

with pay. So while the team continued to pay the player, that 

money counted against the team’s salary cap. Subsequently, we 

reached an agreement with the union to change the treatment for 

the team’s perspective with a host of conditions, so that it’s no 

longer counting against the cap. 

Senator MCCASKILL. So are you saying, and is this true with all 

of you that have caps, that when someone is suspended for misconduct with pay, that that pay counts against the salary cap, so 

the team is, in fact, being financially punished for doing the right 

thing? 

Ms. BERMAN. Well, this wasn’t discipline that was imposed by 

the team, with all due respect. It was imposed by the League. So 

the team doesn’t have an incentive one way or the other to act or 

not act, because we handled it. 

Senator MCCASKILL. But the team could impose it, and wouldn’t 

it still count against their salary cap? 

Ms. BERMAN. Only if they were choosing to pay the player during 

the discipline. 

Senator MCCASKILL. OK. Well, is that true with the other 

leagues? If someone is suspended with pay, does that count against 

salary caps? 

Mr. VINCENT. Yes, Senator. We just had our last two, when we 

look at the Adrian Peterson and the Greg Hardy, when they were 

put on the Commissioner’s exempt list, the team was penalized. 

There’s a salary cap. Why they were, it’s an example of paid leave. 

So the team is actually being punished, because that is a cap hit. 

Senator MCCASKILL. OK. Well, I think you all ought to look at 

that. I think you need to remove every disincentive there is to punVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00131 Fmt 6633 Sfmt 6601 S:\GPO\DOCS\96245.TXT JACKIE
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ish players who have had bad conduct. And, you know, if a team 

is going to have that money count against the salary cap even 

when the player is not playing, then that’s going to weigh in favor 

of a much shorter suspension for the team-imposed discipline. So 

I’ll follow up with QFRs on that. 

Do any of you have a process in place now to independently investigate the facts? 

Ms. BEHRENS. Yes, Senator. I’ll answer that question. I think as 

we talked about with our recent case involving the player, Jeffrey 

Taylor, we immediately commenced an independent investigation, 

retained two outside counsel, including two former prosecutors, one 

of whom had extensive history in dealing with domestic violence. 

Senator MCCASKILL. OK. Yes for the NBA. NHL, do you have an 

independent process to investigate the facts? 

Ms. BERMAN. Under the CBA, we do, yes. 

Senator MCCASKILL. Your own investigators. 

Ms. BERMAN. Correct. 

Senator MCCASKILL. They’re pulling records, they’re pulling 911 

tapes, all of that? 

Ms. BERMAN. Yes. We have an internal process for conducting investigations on all misconduct. Yes. 

Senator MCCASKILL. And Mr. Torre, by the way, I can’t let the 

hearing be over. I don’t know if they put you here, because they 

know how much all of us in St. Louis adore you. But as you noticed—— 

Mr. TORRE. I was fired. 

Senator MCCASKILL. Well, that always happens, right? After you 

leave, the affection, you know, it resurfaces, right? But I wanted 

to get that in. 

Mr. TORRE. Thank you. 

Senator MCCASKILL. As a huge Cardinal fan, you are an important part of our organization in many different ways. So does MLB 

yet have an independent investigation process? 

Mr. TORRE. Yes, we do. It’s not my department, but we do have 

a department of investigation. 

Senator MCCASKILL. OK. I would like to know what happened on 

the investigation on the Rodriguez case. I would like to know what 

the outcome of that investigation was. I would like to know if they 

ever asked Mr. Rodriguez if he paid the plane ticket for the victim 

and the witness to go back to Venezuela. 

Mr. TORRE. I’d have to get that information. 

Senator MCCASKILL. Thank you. And does the NFL have its own 

independent investigation? 

Mr. VINCENT. Yes, ma’am. We do so with our security department, our internal security department. 

Senator MCCASKILL. How many of you, yes or no, have an independent program for just wives and significant others where the 

players are not allowed to attend, whether it is a confidential, here 

are the issues you’re going to face, here are phone numbers you can 

call if you’re in financial stress, here are phone numbers you can 

call if you’ve been abused, here are places you can go for help, how 

many of you have an independent program like that for spouses 

and significant others? 

Mr. VINCENT. Yes, we do in the NFL. 

129 

Senator MCCASKILL. NFL? 

Mr. VINCENT. Yes. 

Senator MCCASKILL. MLB? 

Mr. TORRE. Some teams have them. Uniformly, we don’t all have 

them, but it’s something with that we’re developing at this point. 

Senator MCCASKILL. Looking at. OK. I’ll follow up with more 

questions on that, because I want to make sure you get it. 

Mr. TORRE. Sure. 

Senator MCCASKILL. Yes? 

Ms. BEHRENS. Yes. I think as Michele Roberts explained earlier, 

we, with the Players Association, have been meeting with our family organizations to determine the best ways that we can provide 

resources for them going forward. 

Senator MCCASKILL. But you don’t have an independent one 

now? 

Ms. BEHRENS. We don’t currently, no. 

Senator MCCASKILL. OK. Because in some of the articles I read, 

the women were saying, ‘‘There was no place for us to go. The 

teams weren’t calling us. The teams weren’t reaching out to us. It 

was all about the players.’’ And what about NHL? 

Ms. BERMAN. Our program extends to the players’ families. And 

historically, our program doctors have been accessed by players’ 

spouses and significant others. 

Senator MCCASKILL. But do you have an independent program? 

For example, for initiation into the league, when someone comes, 

is there an independent program for the spouse of the player? 

Ms. BERMAN. To the extent they exist, I think they would exist 

at the team level. There isn’t one that’s League-wide. 

Senator MCCASKILL. I would like to have your league look at 

whether or not there should be a policy that that’s required. What 

about mandating reporting to law enforcement? Do any of you have 

a policy at the league level that a coach is required, or an assistant, any team personnel is required, if they learn of conduct by a 

player that is illegal in terms of a felony assault or any kind of assault, that you are required to report that to law enforcement? 

Mr. VINCENT. Yes, ma’am. We have that in place. 

Senator MCCASKILL. So right now, if a player calls his coach and 

says, you know, I was drunk, got in a fight with my wife, popped 

her in the face, I’ve just left the house, she’s called 911, when he 

calls that coach, under the NFL policy, is that coach then required 

to pick up the phone and call the police? 

Mr. VINCENT. That coach is required to do so. Yes, ma’am. 

Senator MCCASKILL. OK. And has a coach ever failed to do that? 

How long have you had that policy? 

Mr. VINCENT. It has been in place for some time now. I can’t tell 

you the number of years, but he is required to call. 

Senator MCCASKILL. OK. Well, I’d like to know how many times 

coaches have called. That’s a question I’ll have for the record. And 

I don’t have time to ask all of you that, but I will for the record. 

And I think you get my drift. You all can—and listen, I think all 

of you are terrific people and want to do the right thing, but you’ve 

got to understand that the status quo is not acceptable, that turning the other way and thinking that this problem is being handled 

by these players and their families out of the light, many, many, 

130 

many families are suffering, and I think you all know that in your 

hearts. 

So I’m going to keep following up. There will be more accountability in the future. And I’ll have a number of questions for the 

record. And thank you all very much for being here. I’ll turn the 

hearing over to Mr. Rubio for more questions. 

If you finish your questions and Senator Rockefeller is not here, 

you need to recess the hearing, because he is coming back. No? Oh, 

no. So you can gavel out. 

Senator RUBIO. I just have two quick—I wanted to give Ms. Patterson—— 

Senator MCCASKILL. And I am going to go vote now, so thank 

you. 

Senator RUBIO [presiding]. And I won’t keep you, though. But I 

did want to give you, Ms. Patterson, the opportunity to respond, because Mr. Vincent, in his answer to my question, outlined the role 

the NFLPA has played in the past in defending players accused of 

domestic violence or other infractions. What is the NFLPA’s role if 

a player —and so I wanted to lay the groundwork in Mr. Rice’s 

story. Mr. Rice came forward and admitted to the facts to such an 

extent that we’ve heard here today that the league didn’t even need 

to see the video to know what had happened, that in essence, they 

learned nothing new from the video they didn’t already know. 

In a case like that, what is the NFLPA’s role in supporting the 

player, or what role do they play in that process? 

Ms. PATTERSON. First of all, the players have the option to have 

us in attendance if they have a meeting or a conversation with the 

Commissioner, so we support them in that way. If a player chooses 

to grieve or appeal after a discipline has been handed down, such 

as in the Ray Rice case, we do prepare that appeal and represent 

the player on appeal. 

I think it’s worth noting for the record, under the Personal Conduct Policy, that appeal goes back to the Commissioner for his review of his own decision. So that is what was different in the Ray 

Rice case, because we fought for neutral arbitration. 

Senator RUBIO. So these instances in the past that Mr. Vincent 

outline, the reality we’re in, the past that—his testimony today was 

that the Commissioner felt limited by the punishment he could 

apply to Mr. Rice because of previous instances where he had instituted a punishment, and it had been successfully appealed. Who 

were those instances successfully appealed to? Or maybe, Mr. Vincent, you know the cases that you were referring to when you outlined that in your testimony. 

Mr. VINCENT. Well, yes. Well, the one that comes to mind is the 

Brandon Marshall. 

Senator RUBIO. Which Brandon Marshall? Is it the instance 

down in South Florida with his wife? 

Mr. VINCENT. Yes, sir. And the suspension that was imposed was 

three games, and it was appealed and knocked down to two. 

Senator RUBIO. That suspension was appealed to an independent 

arbitrator? 

Mr. VINCENT. Yes. No, back to the Commissioner. 

Senator RUBIO. So the Commissioner lowered his own decision? 

131 

Mr. VINCENT. Well, actually, it was appealed, the PA appealed it, 

and the neutral—I’m sorry, in this particular case a neutral arbitrator knocked it down to two games. 

Senator RUBIO. To two games from three. And so based on the 

Brandon Marshall incident, which, as I recollect, was an instance 

where his wife was actually arrested by law enforcement authorities in that case, because he had been stabbed in the stomach with 

the end of a bottle or something, so my understanding is she was 

the one that had actually been arrested in that case, although the 

facts now have turned out to be something different, and he has 

clearly stated that she was not at fault. 

But in that case, the Commissioner’s punishment was three 

games, but on appeal from the NFLPA, an independent arbitrator 

lowered it to two games. Do you know for a fact that that’s the instance that was on his mind when he settled on the suspension for 

Mr.—— 

Mr. VINCENT. I wasn’t involved in the Ray Rice situation. 

Senator RUBIO. OK. What is it that the NFLPA looks at when 

it makes these appeals? What are the grounds for an appeal? For 

example, does the NFLPA have a criteria for where it thinks you 

go too far in punishing a player because they punched their fiance ́e 

in the face? 

Ms. PATTERSON. We don’t have criteria. Well, first, we have to 

see what the player wants to do. And if the player wants to appeal, 

no matter what our advice is, we have a duty to do so. We represent him in that appeal, and we move forward. 

In the Rice case, it wasn’t a matter of the length of the suspension. It was the arbitrariness of the second suspension. We felt that 

Mr. Rice was in a double jeopardy situation at that point, because 

there was no new evidence that had emerged. So there are different grounds in each case. I hate to say that it’s case by case, but 

unfortunately—— 

Senator RUBIO. No, no. I understand the distinction in the Rice 

case in the sense that he had already received one suspension, and 

then when the video came out and the world saw what the Commissioner already knew, they added an additional suspension, and 

the NFLPA argued you now have punished him twice for the same 

thing that you already knew about. I understand that. 

My question is, moving forward, if, God forbid, tomorrow morning we awaken to a new Ray Rice-type case, and a player decides 

to appeal, I guess your argument is that at that point the NFLPA 

has the same obligations as a lawyer would to a client. 

Ms. PATTERSON. That’s correct. 

Senator RUBIO. To defend them irrespective of what its personal 

views may be about their conduct. 

Ms. PATTERSON. That’s correct. 

Senator RUBIO. OK. And so what we don’t have is established 

precedent in which we know that at this point there is an appropriate suspension that is unappealable. We don’t have that set yet. 

That’s what you’re working on now. 

Mr. VINCENT. Yes. Yes, sir. 

Senator RUBIO. OK. 

Mr. VINCENT. That’s exactly what we’re working on is criteria, 

and the Commissioner spelled that out in his August 28 letter, a 

132 

minimum, with aggravating factors that will allow him to impose 

more harsh and severe discipline. 

Ms. PATTERSON. Well, could I respond to that? 

Senator RUBIO. Yes, ma’am. 

Ms. PATTERSON. I would just like to say, again, to some of the 

earlier points, we’d like that policy to be collectively bargained. I 

think one of the Senators said, you know, we know what happens 

if a player has marijuana in his system, or we know what happens 

if, you know, basically if there’s a drug policy violation. And this 

is one of the reasons why, because there is inconsistency, because 

there is no standard, because neither one of us can give you a criteria for what happens next. That’s why we believe this policy 

needs to be collectively bargained. 

Senator RUBIO. I mean, again, I don’t want to belabor the point, 

but there are players that, because they’ve used performance enhancing drugs, some instances involving cold medicine that they 

took without documenting appropriately, they’re suspended for 

more games than Mr. Rice was. And that’s why I think the public 

looks at that and says, this doesn’t make a lot of sense to us. 

But I do want you to know, and again, the NFL-centered nature 

of it is because they’re more familiar with the league than I am or 

the operations of other leagues, I think that the takeaway from today’s hearing, to be clear, I think is going to be talked about in the 

days to come. And for Mr. Vincent, something I think the league 

is going to have to deal with is the fact that your statement here 

today, that the Commissioner didn’t need to see the video, because 

he already knew what had happened. I think that’s going to be 

problematic moving forward. 

I know many of my colleagues are going to be concerned about 

that statement as well, because I think some of the perception 

early on was that—and I was under this perception, that Mr. Rice 

had not been accurate and honest with the League about what he 

had done. But in fact, today, the testimony has been that League 

fully understood what he had done, because there’s nothing that we 

see in that video that he hadn’t already told people about. And despite that, the sentence that was handed down or the punishment 

that was handed down was so limited. 

I know you’ve admitted to the fact today that—the league admits, I should say—the punishment was not strong enough—but I 

do think it’s going to be problematic. 

Mr. VINCENT. Well, Senator, let me make sure I am firm, and 

correct, and accurate on what I said. No one needed to see—again, 

the Commissioner had stated he had not seen the second video. He 

acknowledged his mistakes on not handing out the proper discipline on the initial round. 

Senator RUBIO. Right. No, I understand. And I guess my point 

on that is that your statement is he didn’t needed to see the video, 

because he already knew what had happened. 

Mr. VINCENT. That’s my opinion. 

Senator RUBIO. Right. 

Mr. VINCENT. And I think that’s the general public’s opinion. 

Senator RUBIO. OK. All right. Well, I appreciate all of you being 

here today. I know it has been a long hearing. Do we have a script 

for the comments after or questions or—just basically. 

133 

The record will be open for two weeks. 

And with that, the hearing is adjourned. 

[Whereupon, at 4:55 p.m., the hearing was adjourned.] 

(135) 

A P P E N D I X 

PREPARED STATEMENT OF HON. JOHN WALSH, U.S. SENATOR FROM MONTANA

I’d like to thank Chairman Rockefeller and Ranking Member Thune for holding 

this important hearing. 

I want to note that while this hearing will focus on domestic violence in professional sports, the recent cases of domestic violence committed by professional athletes are only the most visible examples of a horrific problem that affects millions 

of Americans. 

The CDC reports that almost one-third of women in the U.S. will be physically 

abused by a partner in their lives. Women in Montana’s Indian Country face sexual 

assault rates more than double the national average. This has to stop. 

Domestic violence is a deep national stain that every segment of our society must 

work to confront, prevent, and end. 

That is why the often inadequate, inattentive, and inconsistent responses to allegations of domestic violence are so troubling. Domestic violence is a problem that 

we must work to proactively confront as a nation. 

We know that domestic violence is the most underreported crimes in the U.S. Domestic violence survivors face losing their homes, their privacy, and their livelihood 

if they come forward. The culture of silence surrounding domestic violence, whether 

in the locker room or in our communities, must end. 

When I met with representatives of the Montana Coalition Against Domestic and 

Sexual Violence in Glendive, Montana, I heard about the barriers, whether it’s our 

culture or a lack of resources, that stop victims of domestic violence from coming 

forward. We need to provide more transitional housing and more training for law 

enforcement, counselors, and healthcare workers to make it easier for victims to 

come forward. 

But beyond reacting to domestic violence after it happens, we need to change our 

culture through increased awareness and education to prevent domestic violence 

from occurring. A key part of this is making it clear that allegations of domestic 

violence, even against high-profile perpetrators, will be treated with the respect and 

seriousness that they deserve. Everyone and every organization needs to set an example. 

Thank you for holding this hearing today. I hope that this increased attention results in sustained efforts, among all your organizations, to reduce and prevent domestic violence. Thank you. 

NATIONAL TASK FORCE TO END SEXUAL AND

DOMESTIC VIOLENCE AGAINST WOMEN

December 9, 2014 

Hon. JOHN ROCKEFELLER, Chair, 

Hon. JOHN THUNE, Ranking Member, 

Senate Committee on Commerce, Science, and Transportation, 

Russell Senate Office Bldg. Room 254, 

Washington, DC. 

Dear Chairman Rockefeller and Ranking Member Thune: 

Thank you for holding a hearing regarding Domestic Violence and Professional 

Sports last week. The National Task Force to End Sexual and Domestic Violence 

(‘‘NTF’’), comprised of national state and local leadership organizations advocating 

on behalf of victims domestic violence, dating violence, sexual assault and stalking, 

as well as faith based, women’s civil and human rights organizations, is pleased to 

submit the enclosed letter for inclusion in the record of last week’s hearing, ‘‘Addressing Domestic Violence in Professional Sports.’’ The letter has been signed by 

240 organizations, including national, state and local organizations representing 

over 40 states (including both West Virginia and South Dakota), the District of CoVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00139 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\96245.TXT JACKIE
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lumbia and Puerto Rico. It contains NTF’s recommendations on priority issues 

which should receive attention in terms of both hearings and legislation, including 

the status of the NFL matter, the economic impact of domestic and sexual violence 

in the workplace (and responses that improve productivity and workforce stability), 

and employer best practices and policies re: same. 

We look forward to engaging with you on this important set of issues both in this 

Congress and the next. Please contact Lisalyn R. Jacobs who chairs our Economic 

Issues Subcommittee if we can assist you in any way. 

Sincerely, 

The National Task Force to End Sexual 

and Domestic Violence 

NATIONAL TASK FORCE TO END SEXUAL

AND DOMESTIC VIOLENCE AGAINST WOMEN

December 9, 2014 

Dear Senator: 

We write as members of the National Task Force to End Sexual and Domestic 

Violence—domestic and sexual violence advocates, faith-based and law enforcement 

groups, civil, human, and women’s rights organizations who represent millions of 

survivors of sexual and domestic violence and stalking, and their advocates—with 

both requests and reflections following two solid months of media coverage of a 

number of high profile domestic and sexual violence incidents. 

Twenty years of work to implement and improve the Violence Against Women Act 

has left us well positioned to share the successes and challenges that emerged as 

we responded to the unprecedented surge in demand for services that followed the 

revelation of the second NFL tape involving Ray Rice and then fiance ́e, Janay Palmer. Thus, we write to request that the Congress hold hearings in furtherance of the 

national discussion that has begun around the issues of sexual and domestic violence, their impact on the economy, the economic lives of survivors, and the necessity for workplace and other policies that address the needs of battered and abused 

people and their families. Additionally, we want to express our appreciation to the 

many members of Congress who have called for the NFL to be held accountable, 

and we look forward to continuing the dialogue on this issue. 

An immediate consequence of the intense national focus on the NFL is increased 

awareness in American society at large of the profound impact of domestic and sexual violence in our lives in general and more specifically, in the workplace. As the 

NFL continues to institute reforms, we wish to point out that the NFL is but one 

employer. Its workforce—at the player level—is disproportionately male. Domestic 

and sexual violence as they manifest inside and outside the workplace, however, are 

still experiences that are overwhelming borne by women (85 percent of survivors are 

women). Holding timely hearings would allow a review of NFL’s experience to gain 

insight into how employers who are not adequately prepared can founder in responding to the workplace impact of sexual and domestic violence. 

We also call upon Congress to begin work on a Federal response to the unacceptably high level of survivor job loss—as high as 50 percent among survivors of sexual 

or domestic violence—that occurs when ill prepared employers are reactive rather 

than proactive. Before one more survivor is asked why they stayed, Congress must 

make it possible for them to decide whether they wish to. 

In the near term, we request two things: 

(1) The holding of hearings as soon as is practicable to determine: 

a. The status/progress of the NFL matter; 

b. How to strengthen the economy and encourage employers to be more 

proactive regarding domestic and sexual violence and workplace while simultaneously increasing productivity and safety in workplace; and 

c. Best practices from employers and advocates, alike with respect to improving 

economic security for survivors, and accountability for perpetrators 

(2) The swiftest possible introduction, mark-up and passage of legislation designed to ensure that survivors have access to the same baseline of workplace, 

and broader economic protections regardless of where they live. 

As it stands, some survivors have access to paid leave if they need time off because they need to attend court, see a counselor, or attend to injuries. Others have 

access to unemployment insurance if they need to leave their jobs because of the 

violence. Still others have job security afforded by laws that ban the firing of surVerDate Nov 24 2008 14:29 Sep 29, 2015 Jkt 075679 PO 00000 Frm 00140 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\96245.TXT JACKIE
137 

vivors because they are survivors. Though all of these measures are needed to ensure that survivors have the strongest set of options for moving forward, access to 

these proven remedies varies drastically according to where survivors live. It’s time 

to afford all survivors the protections they need regardless of zip code. 

We look forward to working with our public officials and private employers in the 

effort to enact policies, enforce the laws and ensure safety and economic stability 

for all survivors. 

Sincerely, 

Legal Momentum 

Chair, Subcommittee on Economic Issues 

Nat’l Task Force to End Sexual & Domestic Viol. 

NATIONAL ORGANIZATIONS

9to5, National Association of Working Women 

A Window Between Worlds 

Alliance for a Just Society 

American Association of University Women 

American Federation of Government Employees: District 11 (OR. ID. WA. CO, AK, 

MT, UT, WY) 

Americans Overseas Domestic Violence Crisis Center 

Boat People SOS 

Casa de Esperanza: National Latin@ Network for Healthy Families and Communities 

Clearinghouse on Women’s Issues 

Communication Workers of America 

Domestic Violence Legal Empowerment and Appeals Project 

Exodus, Inc. 

General Federation of Women’s Clubs 

Hadassah, The Women’s Zionist Organization of America, Inc. 

Institute for Family Violence Studies 

Institute for Science and Human Values 

Legal Momentum 

Mothers of Lost Children 

National Alliance to End Sexual Violence 

National Center on Domestic and Sexual Violence 

National Clearinghouse on Abuse in Later Life 

National Coalition Against Domestic Violence 

National Coalition of Anti-Violence Programs 

National Conference of Puerto Rican Women 

National Council of Jewish Women 

National Crittenton Foundation 

National Domestic Violence Hotline 

National Organization of Women 

National Partnership for Women and Families 

National Resource Center on Domestic Violence 

National Women’s Political Caucus 

Sargent Shriver National Center on Poverty Law 

University of Miami Human Rights Clinic 

Women of Color Network 

Wider Opportunities for Women 

Woodhull Sexual Freedom Alliance 

YWCA USA 

138 

STATE & LOCAL ORGANIZATIONS

Alaska 

NOW: Alaska 

Arizona 

Arizona Coalition to End Sexual and Domestic Violence 

Time Out Inc. 

Arkansas 

Arkansas Coalition Against Sexual Assault 

Delta Crisis Center 

Serenity Inc. 

California 

Asian Pacific Women’s Center 

Doves of Big Bear Valley 

House of Ruth Inc. 

Humboldt County Domestic Violence Coordinating Council 

NOW: Contra Costa 

NOW: Pacific Shore 

One SAFE Place 

Option House 

Shelter from the Storm 

Unfolding Flowers 

Colorado 

A Zen Life 

Alternatives to Violence, Inc. 

Archuleta County Victim Assistance Program 

Help for Abused Partners 

RESPONSE 

SafeHouse Denver 

Safehouse Progressive Alliance for Nonviolence 

Connecticut 

BH Care, Inc. 

CT–ALIVE 

KK Community Rebuilding 

Meriden-Wallingford Chrysalis 

District of Columbia 

D.C. Rape Crisis Center 

Florida 

Christians Against Domestic Violence 

Healing Grace 

NOW: Brevard Chapter 

NOW: Jacksonville 

NOW: Florida 

Women’s Production Network 

Georgia 

The Blood Healing Services 

Circle of Hope 

Columbus Alliance for Battered Women, Inc. d/b/a Hope Harbour 

Forsyth County Family Haven 

Hospitality House, Inc. 

139 

North Georgia Counseling Education Center 

Northwest Georgia Family Crisis Center 

Polk County Women’s Shelter 

Women Watch Afrika, Inc 

Hawaii 

Women Helping Women 

Idaho 

The Advocates 

Idaho Coalition Against Domestic Violence 

Illinois 

A Safe Place 

Crisis Center for South Suburbia 

Christian Community Health Center 

Family Resources 

Illinois Coalition Against Domestic Violence 

Mutual Ground, Inc. 

NOW: Illinois 

NOW: Quad Cities (also listed under IA) 

Rape Victim Advocates 

Indiana 

Crisis Connection, Inc. 

Indy Feminists 

Latino Coalition Against Domestic & Social Violence 

Noble House Ministries Inc. 

Iowa 

Center for Creative Justice 

Crisis Intervention Services 

Domestic Violence Intervention Program 

Family Resources 

Franciscan Peace Center 

NOW: Quad Cities (also listed under IL) 

Kansas 

Domestic Violence Association of Central Kansas 

Kentucky 

Kentucky Coalition Against Domestic Violence 

Spring Haven Domestic Violence Program 

Maine 

Family Crisis Services 

Maryland 

NOW: Maryland 

SMR Counseling Services 

Massachusetts 

Casa Myrna Vasquez 

Jane Doe Inc. 

Lesley University Women’s Center 

Pathways for Change, Inc. 

Michigan 

EGV Teams Counseling 

140 

HAVEN 

Michigan League for Public Policy 

NOW: Wayne County 

Shelter Inc. 

The Venus Foundation 

Minnesota 

Bluff Country Family Resources 

CADA of Waseca/Le Sueur County 

NOW: Minnesota 

Someplace Safe 

Mississippi 

MS Coalition Against Sexual Assault 

Missouri 

A Safe Place 

Audrain County Crisis Intervention Services 

Agape House Inc. of Mountain View 

Christos House Inc. 

NOW: Columbia 

Safe Connections 

The Victim Center 

Nebraska 

Center for Sexual Assault and Domestic Violence Survivors 

New Hampshire 

New Hampshire Coalition Against Domestic and Sexual Violence 

New Jersey 

Manavi 

My Sisters Lighthouse 

New Jersey Assoc. on Correction 

New Jersey Coalition for Battered Women 

NOW: Middlesex County 

NOW: Morris County 

NOW: New Jersey 

NOW: Northern New Jersey 

NOW: South Jersey 

New Mexico 

Alternatives to Violence 

Family Crisis Center 

Grammy’s House 

New Mexico Coalition Against Domestic Violence 

New Mexico Coalition of Sexual Assault Programs 

NOW: Albuquerque 

NOW: New Mexico 

NOW: Santa Fe 

Rape Crisis Center of Central New Mexico 

S.A.F.E. House 

New York 

Advocacy Center 

Hope’s Door 

The Fortune Society 

141 

NOW: East End 

New York State Coalition Against Sexual Assault 

Northern Manhattan Improvement Corporation 

The Safe Center LI, Inc. 

Women and Work 

VCS Inc. 

Violence Intervention Program 

North Carolina 

Be Healthy Ministries 

Durham Crisis Response Center 

Family Services Inc. 

Family Services of Davidson County, Inc. 

Guilford County Family Justice Center 

Mending Hearts 

NOW: Fayetteville 

NC Coalition Against Sexual Assault 

REACH of Cherokee County, Inc. 

Sarah’s Refuge Inc. 

The Sparrow’s House of Yadkin 

Ohio 

ACTION OHIO Coalition For Battered Women 

Alternatives to Violence Center 

Cleveland Rape Crisis Center 

Community Services of Stark Co. 

Ohio Guidestone/Harbor House 

Haven of Hope 

Ohio Alliance to End Sexual Violence 

Project Women 

Rape Crisis Domestic Violence Safe Haven 

SAAFE Center 

Southern Ohio Sexual assault Treatment Center 

Tri-County Help Center, Inc. (Belmont/Harrison/Monroe Counties) 

Turning Point 

Oklahoma 

Safenet Services Domestic Violence Shelter 

United Nations Association of Oklahoma City 

YWCA Oklahoma City 

Oregon 

Bradley Angle 

Community Works 

Project DOVE 

Tillamook County Women’s Resource Center 

Women’s Safety & Resource Center 

Pennsylvania 

Alle-Kiski Area HOPE Center, Inc. 

KenCrest 

NOW: First Pittsburgh 

NOW: Ni-ta-nee 

PathWays PA 

Pennsylvania Coalition Against Domestic Violence 

Pennsylvania Coalition Against Rape 

142 

Roses Ministry 

Survivors, Inc. 

Women’s Center of Montgomery County 

Women’s Law Project 

Women’s Resource Center 

South Dakota 

South Dakota Coalition Ending Domestic and Sexual Violence 

Tennessee 

22.5 Degrees 

CEASE Domestic Violence and Sexual Assault Inc. 

Texas 

Austin/Travis County Family Violence Task Force 

Crisis Center of the Plains 

Daya Inc. 

Domestic Violence Protection, Inc.. 

Humboldt County Domestic Violence Coordinating Council 

NOW: South Central Region 

No More 

Radio 

SafePlace 

Women’s Center of Brazoria County 

Rhode Island 

NOW: Rhode Island 

Vermont 

Project Against Violent Encounters 

Safeline Inc. 

Vermont Network Against Domestic and Sexual Violence 

Virginia 

Beth El House 

Charlottesville/Blue Ridge AAF 

NOW: Charlottesville 

NOW: Northern Virginia 

York-Poquoson Victim-Witness Assistance Program 

Washington 

Christian Coalition for Safe Families 

King County Re-entry Program 

Legal Voice 

McCready Remodeling 

Pierce County Commission Against Domestic Violence 

Truth Speaks 

Washington Coalition of Sexual Assault Programs 

Washington State Coalition Against Domestic Violence 

Women of Vision 

West Virginia 

Tug Valley Recovery Shelter 

West Virginia Coalition Against Domestic Violence 

West Virginia Foundation for Rape Information and Services 

Wisconsin 

Community Referral Agency (Polk, Barron Burnett Counties) 

143 

Forge Inc. 

University of Wisconsin, Madison: Women’s Resource Center 

Wisconsin Coalition Against Sexual Assault 

Wyoming 

SAFE Project 

TRIAL COALITIONS/PROGRAMS

Seven Dancers Coalition 

Tohono O’odham Nation Domestic Violence Program 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO TROY VINCENT

Question 1. The New York Times recently reported on special treatment that NFL 

players receive from law enforcement when they are accused and even arrested for 

domestic violence. The November 16 article reported that teams form cozy relationships with the local police, often employ off-duty officers, and give them special 

perks. According to the article, teams will work with law enforcement in order to 

minimize publicity and the negative impact on players. In one case, a player arrested for domestic violence was actually escorted by police back to the residence 

of the woman he assaulted. This is unbelievable. 

Question 1a. Do your teams employ or otherwise provide financial benefits to offduty police officers? If so, please give me the percentage of your teams that do so. 

Answer. Yes, virtually all, if not all, of the 32 NFL clubs employ on and off-duty 

police officers to provide security at stadiums, training facilities, hotels, and events. 

Such events include games, owners meetings, the Draft, Super Bowl, Pro Bowl, and 

Hall of Fame Game. These employment relationships often are through third parties. For example, the Chicago Bears through SMG, a leading venue management 

and marketing firm, pay Monterey Security to secure the public access gates at Soldier Field on game day. Monterey, a third-party security consultant, employs dozens 

of off-duty police officers and sheriff’s deputies from multiple jurisdictions to service 

the contract. In addition, in almost all cases, clubs reimburse local and state governments for law-enforcement services provided on game day. 

Question 1b. Will you adopt a league-wide policy that prohibits such employment 

in order to avoid special, lenient treatment for players that run afoul of the law, 

including domestic violence incidents? 

Answer. The League values and relies on the commitment, dedication, and service 

of law enforcement to maintain the safety and security of our fans, our players, and 

the game. In our view, a league-wide policy that prohibits the employment of law 

enforcement officials would unnecessarily compromise and undermine vital protections. Law enforcement personnel serve a valuable role within our clubs, and their 

presence has helped to anticipate and prevent potentially dangerous situations and 

misconduct. 

Question 2. Mr. Vincent, you testified about the steps that the NFL is taking to 

prevent and respond to incidents of domestic violence, child abuse, and sexual assault. While I applaud the league for those steps, it seems like those steps, and the 

NFL’s Personal Conduct Policy generally, are primarily focused on players. Nothing 

has been said about what happens to league and teams officials who play a role in 

these bad acts, such as conducting cover-ups. For example, Mrs. Janay Rice has alleged that the Baltimore Ravens organization scripted her press conference, and 

they suggested that she apologize for her role in her husband’s assault on her. If 

true, I find that outrageous. 

Question 2a. Are league and team officials also held accountable? Does the Personal Conduct Policy cover the examples given? 

Answer. The NFL’s Personal Conduct Policy (PCP) establishes clear standards of 

behavior that apply to all NFL personnel. This includes the Commissioner, owners, 

coaches, and players, as well as all League and team employees and officials. In addition, a key element of the new PCP is the clear emphasis on reporting obligations 

for all NFL personnel, including League and club management. Under the PCP, 

clubs are obligated to promptly report any potential violation of the Policy that 

comes to their attention and must fully cooperate with any related law enforcement 

and/or NFL investigation. Failure to report an incident is grounds for disciplinary 

action. 

144 

Question 2b. What is the league doing to respond to Mrs. Rice’s statement that 

the Ravens organization very inappropriately suggested that she apologize? 

Answer. The Baltimore Ravens publicly have stated that at no time prior to Ray 

and Janay Rice’s May 23rd press conference did the club provide talking points, a 

script, or a suggested script to Janay or speak with her about the press conference. 

The Ravens also have said that no one in the organization recommended or suggested to Ray or Janay that she apologize in any way. 

The League’s new PCP sets out a clear series of steps to be taken when there is 

an incident that may constitute a violation of the PCP. These steps are intended 

to encourage reporting of misconduct and to prevent any retaliation against anyone 

who reports or was a victim of or witness to misconduct. The Policy also is intended 

to ensure that victims and families receive needed assistance, including the provision of or referral to appropriate counseling, social and other services, clergy, medical professionals, and specialists in dealing with children and youth. These resources will be provided through specialized Critical Response Teams affiliated with 

the League office and with member clubs, and non-League resources will be made 

known to all involved. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BARBARA BOXER TO

TROY VINCENT

Question 1. The entire nation was shocked by the video of a football player knocking his fiance ́ unconscious in a hotel elevator and honestly I don’t believe that anyone who saw that video will ever forget it—the punch and the dragging of a woman 

flopping like a rag doll on the cold hard floor. 

Unfortunately this was not an isolated case: There have been 83 arrests of NFL 

players for domestic violence reported since 2000. In fact, 48 percent of all violent 

crime arrests for NFL players are for domestic violence. 

We know this is not just a problem for the NFL. We have seen too many other 

horrific acts of violence perpetrated by professional athletes in the NBA, the NHL 

and in Major League Baseball. 

We know that domestic violence is a problem that plagues our society as a 

whole—and we know that it is time for all of us to act to address this epidemic. 

So I have some questions that I want to ask all of the sports leagues that are 

represented here today: 

Question 1a. We know that, tragically, most cases of domestic violence go unreported. How many allegations of domestic violence has your league received in the 

last decade? 

Answer. During the 10-year period between 2004 and 2013, the NFL has reviewed 

92 domestic violence allegations involving players. In 51 of these cases, we were able 

to establish a violation of the PCP. The League issued 25 suspensions and 12 fines. 

The remaining violations were punished by other means, including one player who 

was issued a formal reprimand, or the players already had their contracts terminated prior to the imposition of discipline. 

Question 2. As representatives of our professional sports leagues, you have the 

unique opportunity to lead the way—and do good for the entire nation—by preventing these crimes and setting an example when a crime occurs. 

I believe there are three things you can do immediately: 

The first is prevention. We need to stop these horrendous acts of violence before 

they happen. To do that, you need to act now by educating your players, employees, and their families that domestic violence is unacceptable and will not 

be tolerated. . This education, or call it counseling or call it life coaching, is absolutely critical to prevent violence. 

Second, you need to create a real zero-tolerance policy for domestic violence. 

Earlier this year, I led a bipartisan group of 16 Senate women urging National 

Football League Commissioner Roger Goodell to institute a zero-tolerance policy 

for domestic violence. 

It is up to ALL of our professional sports leagues to send that message to their 

players—that if they can’t meet that standard, then they shouldn’t be wearing 

the uniform. Why do I say that? Because like it or not, here is a fact—players 

are role models for our children. 

Finally, you need to ensure that the victims of domestic violence are encouraged 

to report these crimes and immediately given an independent advocate who will 

fight for them every step of the way. 

145 

That means contracting with well-respected non-profit domestic violence organizations that are right there in the community. 

I am proud that, in California at my urging, the University of California and the 

Cal State Universities have agreed to do this voluntarily. 

I believe this same model should be used by all of you. 

It is critical that our professional sports teams put the victim’s needs at the center 

of their policies. 

Question 2a. Will your organization commit to establishing a domestic violence 

prevention program that includes rigorous and mandatory training for all players, 

coaches, personnel—and their families? 

Answer. Yes. The NFL has established a domestic violence prevention program 

that includes mandatory education and training for all NFL personnel. This mandatory education already has been presented to team owners, club executives, and all 

of the teams—with all personnel, coaches and players required to attend. This education also was made available to families and significant others. 

In addition, over the course of the next several months, the League will provide 

specialized training in the off season for appropriate personnel to identify those at 

risk and provide prompt and confidential counseling and other intervention. These 

‘‘first responders’’ work most closely with players and staff and include athletic 

trainers, player engagement directors, chaplains, and human resources executives. 

Moreover, the League is developing Critical Response Teams of experts who can respond swiftly to address issues when victims or perpetrators are identified or come 

forward. The League also will develop and implement ongoing programs of education for all team and League employees—players, non-players, and families. 

Question 2b. Will your organization commit to a zero tolerance policy that makes 

it loud and clear that domestic violence is wrong, and will not be tolerated? 

Answer. The NFL has implemented a no-tolerance policy that makes it clear and 

explicit that domestic violence is wrong, illegal, and will not be tolerated under any 

circumstances. The revised PCP was developed after an extensive series of meetings 

and discussions with a wide range of experts, including domestic violence/sexual assault experts and advocates. Under the policy, individuals who engage in unacceptable behavior, such as domestic violence, will face strong sanctions, including banishment from the League. However, leading domestic violence experts uniformly 

have advised the League not to adopt a ‘‘one-strike-and-you-are-out’’ policy. They 

have warned that such a policy may have dire, unintended consequences, discouraging reporting and driving family violence underground. Such an outcome can put 

victims and survivors at greater risk of abuse, rather than encouraging them to seek 

assistance and support, and eliminates the League’s ability to mandate appropriate 

interventions, like counseling, that can be effective in preventing future violence. 

Question 2c. Will your organization commit to providing every victim with an 

independent advocate who will provide them the support that they need? 

Answer. The NFL is committed to providing victims with an independent advocate 

who will provide support. The League will assist victims and families, including by 

providing or directing victims to confidential counseling, social and other support 

services, medical professionals, and other child and youth specialists. These resources will be provided through Critical Response Teams of experts affiliated with 

the League office and member clubs. The response teams will assist victims and 

families in matters of personal security and other needs following a reported incident. In addition, information about local non-League resources to help victims and 

families will be provided to affected parties. 

Question 3. Medical researchers have determined that chronic traumatic 

encephalopathy, or CTE, is caused by repeated head trauma and can be brought on 

by helmet-to-helmet collisions and hard tackles or head trauma. In a recent study 

of many retired football players’ brains, scientists found lesions in the part of the 

brain responsible for emotions and self-control. Doctors state that damage to that 

part of the brain may cause concussion victims to lose control over anger and other 

emotions, and there have been reports that many former players who have no history of domestic violence apparently become dangerous to their families as they suffer from CTE. 

It seems to me that the league has a tendency to ignore problematic systemic 

issues until it’s too late. The NFL should take a close look at whether football-related head injuries contribute to the extraordinary amount of domestic violence incidents in the NFL. 

Question 3a. Has the NFL made any effort to understand the connection between 

Traumatic Brain Injury and chronic traumatic encephalopathy and violence in the 

home? 

146 

Answer. The problem of family violence is a broad societal issue and, to my knowledge, the scientific community has not established a causal relationship between an 

individual’s sustaining a traumatic brain injury and committing violence in the 

home. The NFL has taken a number of steps to improve its response to incidents 

of domestic violence and child abuse, to prevent such incidents, and to support survivors when incidents do occur, as I discussed in my testimony and as set out in 

the PCP. 

Separately, the League is working to address the serious issue of traumatic brain 

injury. We are working with our partners in government and the private sector to 

make large-scale investments and to drive an ambitious scientific research agenda 

around brain injuries. This work is designed to advance our understanding of the 

brain and long-term neurodegenerative disease, as well as to catalyze development 

in the diagnosis, prognosis, and prevention of brain injury in sports, military environments, and throughout society. 

The NFL is supporting two primary research projects to achieve these goals: 

Foundation for the National Institutes of Health: In 2012, the NFL announced 

its single-largest donation to any organization in the league’s 92-year history: 

a $30 million grant to the Foundation for the National Institutes of Health 

(FNIH) for research on brain injuries, especially among athletes and veterans— 

creating the Sports and Health Research Program. The NIH awarded $14 million in grants with this money in December 2013. The grants are supporting 

research to better understanding chronic traumatic encephalopathy. The NIH is 

now considering submissions for $16 million in grants announced by the President in May 2014. These grants will fund longitudinal studies to understand 

the long-term impacts of brain injury. 

Head Health Initiative: In March 2013, the NFL formally partnered with GE 

and Under Armour to launch the Head Health Initiative, a four-year, $60 million collaboration designed to benefit athletes, members of the military and the 

general public by developing new diagnostic equipment, further clinical research 

and developing innovative diagnostic and preventative solutions to brain injury. 

The companies have allocated $20 million to the Head Health Challenges. These 

global grant challenges have invited scientists, entrepreneurs and other experts to 

propose innovative approaches to the diagnosis, prognosis and prevention of brain 

injury. The remaining $40 million will fund the development of next-generation imaging technologies to improve diagnosis and treatment of traumatic brain injury. 

After winning grants through the challenges, researchers from around the world are 

already hard at work on a wide variety of studies, including improved algorithms 

for quantification of biomarkers of brain injury severity, tools that link imaging data 

to clinical and cognitive data, robust methods for triaging acute-stage events and 

developing return-to-play guidelines using physiological, molecular, electrical or 

physical changes in brain or body functions. 

Correction 

In addition to the above answers, I have reviewed the draft of the transcript of 

the hearing and want to correct for the record my response to the following question: 

Senator McCaskill asked whether the NFL has a policy mandating that coaches, 

or other team personnel, report a felony assault or any kind of assault to law enforcement upon learning of such an incident. 

I incorrectly stated that the League has in place a policy requiring clubs to report 

to law enforcement. The League’s policy requires teams to report any potential violations of the PCP to the League Office, as described above. In addition, clubs routinely cooperate with law enforcement when employees or players are accused of any 

criminal conduct. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO TERI PATTERSON

Question 1. It’s my understanding that only the NFL can promulgate uniform 

rules and policies to address domestic violence without reopening its collective bargaining agreement with the players unions. 

Question 1a. For the others, can you please tell me where you are in negotiating 

new uniform policies to address domestic violence? 

147 

Question 1b. Does management and the unions see eye-to-eye on the major elements of a uniform policy, such as strong penalties and effective education and outreach? 

Answer. The NFLPA was instructed by staff to only address and answer Question 

1b. The NFL issues the discipline of players for violations of workplace rules governing conduct detrimental to the League, including domestic violence. The NFLPA 

supports discipline that is based on a fair, consistent, transparent process that ensures that such discipline is based upon established facts. The NFLPA believes that 

implementation of education and outreach programs that promote awareness and 

hopefully prevent incidents of domestic violence are key to an effective policy, and 

our communications with the NFL suggest that they also support education and outreach. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN THUNE TO

TERI PATTERSON

Question 1. Chronic traumatic encephalopathy (CTE) is a progressive degenerative 

brain disease often found in individuals with a history of concussions or other forms 

of head injury. It is commonly associated with athletes that participate in contact 

sports, including football. Symptoms of CTE include, among other things, aggression, confusion and depression. Some observers speculate that a relationship exists 

between CTE and domestic violence. Anecdotal evidence in support of this hypothesis includes the case of former NFL linebacker Junior Seau, who was arrested on 

domestic violence charges after his retirement and who was diagnosed, post mortem, 

with CTE. Other former professional football players that have been linked to violent incidents, including domestic violence, are Chris Henry, Lou Creekmur, and 

Mike Webster—all of whom have been diagnosed, post mortem, with CTE. 

Does the NFLPA have reason to believe that a link exists between traumatic 

brain injury, including CTE, and violent behavior, both on and off the field and including domestic violence? If so, what steps can the NFLPA take to ensure that current and former players and their families are protected in this regard? 

Answer. The NFLPA takes domestic violence very seriously and understands that 

diagnosing brain disease is very complex. Medical care for NFL players is the nondelegable responsibility of the NFL Clubs (the employers). The NFLPA monitors 

this care extremely closely to ensure that any deviations from quality care are addressed. The NFLPA has external medical advisors and experts who follow the 

emerging science regarding possible links between Traumatic Brain Injury (TBI) 

and both CTE and violent behavior. The NFLPA’s Mackey-White Health and Safety 

Committee, comprised of the world’s best scientists, particularly in neurosciences 

(many of whom have published this research), monitors these developments and advises the NFLPA on both the validity of the scientific observations, as well as the 

best means to ameliorate exposure. 

To that end, on-field policies governing the evaluation and management of concussions include monitoring the players during games (ATC spotters, Unaffiliated 

Neuro-Trauma Consultants (UNCs), mandated sideline exams, emergency action 

plans, compliance check lists, etc); carefully establishing evidence-based return to 

participation protocols administered by independent neurological consultants (INCs). 

Separately, the NFLPA meets with the NFL Competition Committee to assure there 

are rule changes intended to decrease the magnitude and frequency of potential concussive impacts. The CBA further mandates that the frequency of exposure to concussions is decreased by eliminating two-a-day contact practices and increasing the 

length of the off-season. The NFLPA has also made significant investments in medical research, most recently through a long term research partnership with Harvard 

University, which seek to address these issues and others surrounding player 

health, longevity and welfare. 

Question 2. In an op-ed that appeared in the November 13, 2014 edition of the 

New York Times, NBA Commissioner Adam Silver called on Congress to ‘‘adopt a 

Federal framework that allows states to authorize betting on professional sports, 

subject to strict regulatory requirements and technological safeguards.’’ What are 

the views of the NFLPA on Commissioner Silver’s proposal? Please explain your answer. 

Answer. The NFLPA has no opinion on the views of Commissioner Silver’s proposal. 

148 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO JOE TORRE

Question 1. It’s my understanding that only the NFL can promulgate uniform 

rules and policies to address domestic violence without reopening its collective bargaining agreement with the players unions. 

Question 1a. For the others, can you please tell me where you are in negotiating 

new uniform policies to address domestic violence? 

Answer. As I stated in my written statement, Commissioner Selig has instructed 

his staff to develop a stand-alone policy to address domestic violence and sexual assault prior to the 2015 baseball season, and we are in the process of developing 

stand-alone domestic violence, sexual assault and child abuse policies that will 

apply to all members of the Baseball community, including Major and Minor League 

players, field staff, and front office staff. 

With respect to the Major League players, we are in the process of negotiating 

with the Major League Baseball Players Association (‘‘MLBPA’’) to develop a joint 

policy that would cover all Major League players. In this regard, we have been discussing with the Players Association a plan to have Futures Without Violence 

(‘‘FWV’’) develop education and training materials for all Major League players beginning in 2015 Spring Training. We also hope to select a variety of organizations 

to serve on a joint MLB–MLBPA steering committee that will further the development of education and training materials for players, staff and their families going 

forward. Further information on the status of our negotiations with the Players Association over discipline is set forth in Response to Question 1b below. 

With respect to Minor League players, MLB is mandating that all Clubs provide 

training to all of their Minor League players (as well as their respective front office 

and field staffs). To accomplish this effort, MLB has certified the following five independent organizations (some of which have been utilized by Clubs in the past) that 

may be utilized by Clubs to provide such training: 

A Call To Men 

The Center for the Study of Sport in Society at Northeastern University 

Futures Without Violence 

Men Can Stop Rape 

Mentors in Violence Prevention 

By the end of the 2015 championship season, each of the 30 Clubs must certify 

to the Commissioner’s Office that it has engaged one or more of these organizations 

to provide training to all of its front office and field staffs, including all of its Minor 

League players. If a Club would like to engage an organization not identified here 

to provide such training the Club must receive the prior approval of MLB’s Domestic Violence Sexual Assault Response Team (‘‘DVSART’’), which is comprised of 

members of the Labor Relations, Human Resources and Investigations departments 

at the Commissioner’s Office. Moreover, with respect to Minor League players in the 

Dominican Republic, we are considering the feasibility of hosting a centralized symposium in the DR, which would satisfy the Clubs’ obligations with respect to training such players in 2015. For its part, the Commissioner’s Office will engage Sanctuary for Families and Safe Horizons in New York in order to provide training, education, and outreach to the employees of the Commissioner’s Office, including Baseball Advanced Media, and the MLB Network. 

I also want to inform the Committee that MLB has begun working with the Sand 

Creek Group to develop a universal Family Support Program for everyone in the 

Baseball community. Sand Creek currently works with the Commissioner’s Office 

and a number of Clubs to provide independent counseling resources on a confidential basis. Under this plan, Sand Creek would provide a dedicated 24/7 hotline in 

English and Spanish for addressing personal problems or crisis situations in the 

lives of all employees and their household members. Any support provided by Sand 

Creek under this plan would supplement, and not necessarily replace, any existing 

Employee Assistance Programs the Clubs may already have in place. We expect 

Sand Creek to help us develop programs at each Club specifically designed to address the welfare of families and intimate partners of players. 

In addition to the foregoing, we will be posting informational materials at Major 

and Minor League ballparks, and publicizing contact information for local resources, 

including shelters, in every community in which Major or Minor League Baseball 

is played. We also are developing protocols that our Clubs must follow in response 

to domestic violence or sexual assault incidents that will include appropriate measures to ensure the safety of affected individuals, providing confidential counseling 

149 

and treatment for victims, and providing counseling and intervention for perpetrators. 

Question 1b. Does management and the unions see eye-to-eye on the major elements of a uniform policy, such as strong penalties and effective education and outreach? 

Answer. Our efforts to establish effective education and outreach are described in 

my Response to Question 1a above. With respect to discipline, on September 25, 

2014, MLB proposed revisions to its disciplinary policy covering MLB players that 

would make it easier for the Commissioner to impose an appropriate level of discipline on players who commit acts of domestic violence or sexual assault, and have 

that discipline be upheld in arbitration. As I mentioned in my statement, MLB does 

not have the right to insist on any changes to player discipline until its current collective bargaining agreement with the MLBPA expires in December 2016. However, 

we are hopeful that we will come to an agreement with the MLBPA prior to the 

start of next season on a disciplinary policy specifically tailored to domestic violence 

and sexual assault. Although the Players Association has not formally responded as 

of the date of this response, the Players Association has acknowledged that changes 

to the existing disciplinary structure for domestic violence offenses may be necessary. The Players Association also has assured us that we will receive a response 

with the deliberate swiftness required given the complexities of the issues. 

Question 2a. Do your teams employ or otherwise provide financial benefits to offduty police officers? If so, please give me the percentage of your teams that do so. 

Question 2b. Will you adopt a league-wide policy that prohibits such employment 

in order to avoid special, lenient treatment for players that run afoul of the law, 

including for domestic violence incidents? 

Answer. Most, if not all, Clubs employ off-duty police officers for tasks like traffic 

control and ballpark security. The Commissioner’s Office retains off-duty police officers as Resident Security Agents (‘‘RSAs’’), who are assigned to each Club. The 

RSAs are supervised by the Commissioner’s Office’s Vice President of Security. 

When an RSA reports that a player has had an incident with law enforcement, the 

case is handled by MLB’s Department of Investigations, which is an independent 

department charged with conducting investigations of misconduct and integrity violations committed by individuals associated with MLB using full-time investigators 

employed by MLB. We believe that the structure that we have established serves 

as a check against Club personnel from attempting to intervene on the player’s behalf with law enforcement. At annual RSA meeting, we routinely discuss the importance of avoiding conflicts of interest and emphasize the importance of compliance 

with each RSA’s own departmental rules. We also intend to reiterate to the RSAs 

at their upcoming annual meeting that they are prohibited from seeking special or 

preferential treatment for a player who has been arrested for any reason. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BARBARA BOXER TO

JOE TORRE

Question 1a. We know that, tragically, most cases of domestic violence go unreported. How many allegations of domestic violence has your league received in the 

last decade? 

Answer. It would be highly unusual for a player or a victim to report an allegation 

of domestic violence to the Commissioner’s Office. In many instances, the media 

learns of an allegation before the Club or the Commissioner’s Office. Public sources 

indicate that approximately sixteen players may have been accused of domestic violence over the past ten years. These sources indicate that most of these players were 

not charged, and, of those who were charged, it appears that the prosecutors made 

the decision to drop the charges (for reasons that were not disclosed to MLB). 

As set forth in my written testimony, under MLB’s current disciplinary system, 

it is very difficult to discipline players based on an arrest when the player is not 

convicted of a crime. Under a ‘‘just cause’’ standard, the Commissioner’s Office is 

required to prove a violation by a player at an evidentiary hearing before a neutral 

arbitrator, which can be difficult in the absence of a conviction or plea, or without 

cooperating witnesses or tangible evidence regarding the conduct. In addition, our 

arbitrators in the past have been less inclined to uphold severe discipline under a 

‘‘just cause’’ standard for off-field conduct that does not impact the player’s ability 

to perform. For these reasons, we have proposed to the Players Association a disciplinary policy specifically tailored to address domestic violence and sexual assault. 

150 

Question 2a. Will your organization commit to establishing a domestic violence 

prevention program that includes rigorous and mandatory training for all players, 

coaches, personnel—and their families? 

Answer. Major League Baseball has committed to establishing a domestic violence 

prevention program that includes rigorous and mandatory training for everyone in 

the Baseball community, including players, coaches, personnel, and their families. 

We fully understand that educating so many people from diverse backgrounds on 

an issue that many of them have not previously considered is not an easy undertaking. However, as more fully described in my responses to Chairman Rockefeller’s 

questions above, we intend to devote the time and the resources necessary to accomplish just that. 

Question 2b. Will your organization commit to a zero tolerance policy that makes 

it loud and clear that domestic violence is wrong, and will not be tolerated? 

Answer. Commissioner Selig has instilled in our sport the understanding that 

Major League Baseball is a social institution, and as our national pastime, has an 

obligation to set a positive example. The Commissioner and I deplore domestic violence and crimes against women and families. Major League Baseball recognizes the 

very clear public expectation for professional sports leagues to be leaders in addressing this social ill. We are committed to developing a culture in which the players 

implicitly understand their moral obligation as both men and role models to speak 

out and act against crimes against women and families. 

Question 2c. Will your organization commit to providing every victim with an 

independent advocate who will provide them the support that they need? 

Answer. Major League Baseball is committed to providing every victim of domestic violence in its community with the resources necessary to overcome this tragedy 

in their lives. As I described in my responses to Chairman Rockefeller’s questions, 

MLB has begun working with the Sand Creek Group to develop a universal Family 

Support Program for everyone in the Baseball community. In addition to the foregoing, we will be posting informational materials at Major and Minor League ballparks, and publicizing contact information for local resources, including shelters, in 

every community in which Major or Minor League Baseball is played. Through these 

resources we will ensure that every victim has access to an independent advocate 

who will be able to provide them with the support that they need. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO VIRGINIA SEITZ

Question 1. It’s my understanding that only the NFL can promulgate uniform 

rules and policies to address domestic violence without reopening its collective bargaining agreement with the players unions. For the others, can you please tell me 

where you are in negotiating new uniform policies to address domestic violence? 

Answer. As we mentioned in our written statement, Major League Baseball and 

the Major League Baseball Players Association already have a policy in place that 

addresses domestic violence and provides for both therapeutic intervention and the 

possibility of discipline for just cause for inappropriate and/or illegal conduct. The 

existing program gives medical professionals, with the concurrence of the parties, 

wide latitude to design a treatment program to attempt to rehabilitate, where necessary, Players who are charged with domestic violence-related crimes. The existing 

program also gives the Commissioner or the employer Club authority to impose discipline on a Player under Article XII.B where an act of domestic violence is alleged—subject to the critical ability of the Player and the union to challenge (if they 

so choose) that discipline under the ‘‘just cause’’ standard before a neutral arbitrator. This program was implemented in 2011. 

We recognize, however, that this may not be enough. Obviously, more can be done 

with regard to education, for Players, for the families of Players, for victims, and 

for all who are involved in or touched by our sport. Consequently, starting this fall, 

we have been talking with MLB about possible modifications or improvements to 

our current program, focusing on three primary elements: 

(1) An enhanced public relations program to promote an understanding for, and 

an eradication of, domestic violence in our society; 

(2) An improved education and therapeutic intervention program for Major 

League Baseball Players and their families so that potential issues can be addressed in an appropriate and confidential manner before violence occurs; and, 

(3) Possible changes to the existing disciplinary structure for domestic violence offenses. 

151 

It was clear that we would not be able to improve our current policy unless we 

better understood not only the issue of domestic violence but the options that are 

available for a more comprehensive and effective program. Consequently, over the 

course of this fall, the Players Association has devoted an extraordinary amount of 

time and effort consulting with a wide range of experts and groups in the domestic 

violence area. We have met with both national and local groups who are involved 

with the domestic violence issue both on the policy and the treatment levels. We 

have interviewed practitioners and groups with an eye towards providing additional 

education, training and resources for the Players and their families in the months 

to come—whether or not we agree with MLB on a new, comprehensive domestic violence policy. 

Based on those discussions, as well as a review of existing programs in both the 

public and private sectors, we better appreciate several key principles. First, our 

program must hold those who engage in prohibited conduct—whether they are a 

player, a club official, or an owner—accountable for what they have done. Second, 

how a person is held accountable cannot result in the escalation of an already dangerous situation into a lethal one or result in victims being discouraged from coming 

forward. Third, given the reality that domestic violence occurs in so many different 

forms and situations, there must be a recognition that no one response that can 

safely and effectively address every incident. And fourth, a program will be incomplete if it focuses only on the offender and not on the needs and interests of those 

who have been victimized. 

This fall, we have had several discussions with Major League Baseball about the 

issues noted above and additional meetings are scheduled in the coming weeks. We 

believe we share with the league a common goal of developing in the near future 

a comprehensive, fair, and effective program for the entire family of baseball and 

one that, if correctly implemented, may help others beyond our industry. 

Question 1b. Does management and the unions see eye-to-eye on the major elements of a uniform policy, such as strong penalties and effective education and outreach? 

Answer. We are confident that Major League Baseball shares our appreciation of 

the complexity of this issue, its existence in all elements of our society, and the need 

for a constructive and comprehensive solution that addresses all of the challenges 

noted above. This confidence stems from both the program that is already in place 

and our ongoing discussion about how that program can and should be improved. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO KATHLEEN BEHRENS

Question 1. It’s my understanding that only the NFL can promulgate uniform 

rules and policies to address domestic violence without reopening its collective bargaining agreement with the players unions. 

Question 1a. For the others, can you please tell me where you are in negotiating 

new uniform policies to address domestic violence? 

Question 1b. Does management and the unions see eye-to-eye on the major elements of a uniform policy, such as strong penalties and effective education and outreach? 

Answer. The NBA is committed to vigilance with respect to domestic violence. We 

will continue to work closely with the Players Association to provide education, 

awareness training, and appropriate resources to NBA players and their families. 

We recognize our responsibility to do all that we can to prevent this destructive and 

unacceptable conduct from happening in the future. 

Collective Bargaining Agreement: The Collective Bargaining Agreement between 

the NBA and the Players Association (CBA) will expire on June 30, 2021; however, 

both parties to the CBA have the option to terminate it on June 30, 2017 by providing written notice to the other party by December 15, 2016. 

Education and Training: The NBA is committed to providing substantial education and training programs with respect to family violence issues. 

1. In recent months, the NBA and the Players Association have worked together 

to strengthen the league’s education and training programs, including: 

a. Pursuant to the CBA, the NBA and Players Association conduct Team 

Awareness Meetings each season with all players on each NBA team, which 

cover selected topics determined annually by the NBA and the Players Association. As part of these Meetings, the NBA and the Players Association will 

be conducting sessions for all players focused solely on domestic violence and 

152 

related issues during the 2014–15 season. These sessions, to be completed by 

mid-February of 2015, will be conducted by Ted Bunch, co-founder of A Call 

to Men, a leading violence prevention organization providing training and 

education for men, boys, and communities, and Kalimah Johnson, founder of 

SASHA Center, a Detroit-based healing and awareness center focusing on 

sexual assault. We will be continuing this training going forward. 

b. We are working with the Players Association to set up a family violence focused hotline that would be available to all members of the NBA family. In 

addition, we are working with the Players Association, as well as the organizations representing players’ spouses, mothers and fathers, to develop a 

training and education program for players’ families. 

2. In addition to the education and training set forth above, the NBA has taken 

the following steps: 

a. During the 2014–15 season, we are requiring all NBA teams to conduct a 

live domestic violence awareness training session for team executives who 

work most closely with their players (i.e., Basketball Operations, Community 

Relations, Public Relations, Player Development and Training staff members). The NBA has contacted three outstanding organizations to conduct 

these training sessions: Mentors in Violence Prevention; Futures Without Violence; and Safe Horizon. We will be continuing this training going forward. 

b. In the process of taking a fresh look at our policies and practices in the domestic violence area, the NBA has sought guidance from experts in the 

field—including representatives from the Corporate Alliance to End Partner 

Violence, Men Can Stop Rape, Safe Horizon, Joyful Heart Foundation, and 

the Institute on Domestic Violence in the African American Community. We 

have also retained Valli Kalei Kanuha, a Professor of Social Work at University of Hawaii and well-known domestic violence expert, as a consultant. We 

will continue to work with these individuals and organizations, as well as 

others in the field, to ensure that our programs and policies are comprehensive and effective. 

Question 2. The New York Times recently reported on special treatment that NFL 

players receive from law enforcement when they are accused and even arrested for 

domestic violence. The November 16 article reported that teams form cozy relationships with the local police, often employ off-duty officers, and give them special 

perks. According to the article, teams will work with law enforcement in order to 

minimize publicity and the negative impact on players. In one case, a player arrested for domestic violence was actually escorted by police back to the residence 

of the woman he assaulted. This is unbelievable. 

Question 2a. Do your teams employ or otherwise provide financial benefits to offduty police officers? If so, please give me the percentage of your teams that do so. 

Question 2b. Will you adopt a league-wide policy that prohibits such employment 

in order to avoid special, lenient treatment for players that run afoul of the law, 

including for domestic violence incidents? 

Answer. NBA players and team executives are high-profile members of their local 

communities, and many such individuals are also in the national spotlight. As such, 

they require appropriate physical security in many situations, including at games, 

practices, team events, and player appearances. In order to provide this necessary 

security, NBA teams must employ competent and effective security professionals. 

Such professionals can include both retired and off-duty law enforcement officers. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BARBARA BOXER TO

KATHLEEN BEHRENS

Question 1. The entire nation was shocked by the video of a football player knocking his fiance ́e unconscious in a hotel elevator and honestly I don’t believe that anyone who saw that video will ever forget it—the punch and the dragging of a woman 

flopping like a rag doll on the cold hard floor. 

Unfortunately this was not an isolated case: There have been 83 arrests of NFL 

players for domestic violence reported since 2000. In fact, 48 percent of all violent 

crime arrests for NFL players are for domestic violence. 

We know this is not just a problem for the NFL. We have seen too many other 

horrific acts of violence perpetrated by professional athletes in the NBA, the NHL 

and in Major League Baseball. 

We know that domestic violence is a problem that plagues our society as a 

whole—and we know that it is time for all of us to act to address this epidemic. 

153 

So I have some questions that I want to ask all of the sports leagues that are 

represented here today: 

Question 1a. We know that, tragically, most cases of domestic violence go unreported. How many allegations of domestic violence has your league received in the 

last decade? 

Answer. Between 2004 and 2014, the NBA is aware of 17 instances in which allegations of domestic violence were made against NBA players. In 10 of those instances, criminal charges were never filed or were dismissed. In 3 of the remaining 

instances, the players were permitted by prosecutors to enter programs or agreements that resulted in the charges ultimately being dismissed. In the final 4 instances, the players were convicted of domestic violence misdemeanors. Two of these 

players were suspended by the NBA—one for 7 games in 2007 and one for 24 games 

in 2014. (The remaining 2 players were no longer in the league at the time of their 

convictions.) 

Question 2. As representatives of our professional sports leagues, you have the 

unique opportunity to lead the way—and do good for the entire nation—by preventing these crimes and setting an example when a crime occurs. 

I believe there are three things you can do immediately: 

The first is prevention. We need to stop these horrendous acts of violence before 

they happen. To do that, you need to act now by educating your players, employees, and their families that domestic violence is unacceptable and will not 

be tolerated. . This education, or call it counseling or call it life coaching, is absolutely critical to prevent violence. 

Second, you need to create a real zero-tolerance policy for domestic violence. 

Earlier this year, I led a bipartisan group of 16 Senate women urging National 

Football League Commissioner Roger Goodell to institute a zero-tolerance policy 

for domestic violence. 

It is up to ALL of our professional sports leagues to send that message to their 

players—that if they can’t meet that standard, then they shouldn’t be wearing 

the uniform. Why do I say that? Because like it or not, here is a fact—players 

are role models for our children. 

Finally, you need to ensure that the victims of domestic violence are encouraged 

to report these crimes and immediately given an independent advocate who will 

fight for them every step of the way. 

That means contracting with well-respected non-profit domestic violence organizations that are right there in the community. 

I am proud that, in California at my urging, the University of California and the 

Cal State Universities have agreed to do this voluntarily. 

I believe this same model should be used by all of you. 

It is critical that our professional sports teams put the victim’s needs at the center 

of their policies. 

Question 2a. Will your organization commit to establishing a domestic violence 

prevention program that includes rigorous and mandatory training for all players, 

coaches, personnel—and their families? 

Answer. The NBA is committed to vigilance with respect to domestic violence. We 

will continue to work closely with the Players Association to provide education, 

awareness training, and appropriate resources to NBA players and their families. 

We recognize our responsibility to do all that we can to prevent this destructive and 

unacceptable conduct from happening in the future. 

Collective Bargaining Agreement: The Collective Bargaining Agreement between 

the NBA and the Players Association (CBA) will expire on June 30, 2021; however, 

both parties to the CBA have the option to terminate it on June 30, 2017 by providing written notice to the other party by December 15, 2016. 

Education and Training: The NBA is committed to providing substantial education and training programs with respect to family violence issues. 

1. In recent months, the NBA and the Players Association have worked together 

to strengthen the league’s education and training programs, including: 

a. Pursuant to the CBA, the NBA and Players Association conduct Team 

Awareness Meetings each season with all players on each NBA team, which 

cover selected topics determined annually by the NBA and the Players Association. As part of these Meetings, the NBA and the Players Association will 

be conducting sessions for all players focused solely on domestic violence and 

related issues during the 2014–15 season. These sessions, to be completed by 

mid-February of 2015, will be conducted by Ted Bunch, co-founder of A Call 

154 

to Men, a leading violence prevention organization providing training and 

education for men, boys, and communities, and Kalimah Johnson, founder of 

SASHA Center, a Detroit-based healing and awareness center focusing on 

sexual assault. We will be continuing this training going forward. 

b. We are working with the Players Association to set up a family violence focused hotline that would be available to all members of the NBA family. In 

addition, we are working with the Players Association, as well as the organizations representing players’ spouses, mothers and fathers, to develop a 

training and education program for players’ families. 

2. In addition to the education and training set forth above, the NBA has taken 

the following steps: 

a. During the 2014–15 season, we are requiring all NBA teams to conduct a 

live domestic violence awareness training session for team executives who 

work most closely with their players (i.e., Basketball Operations, Community 

Relations, Public Relations, Player Development and Training staff members). The NBA has contacted three outstanding organizations to conduct 

these training sessions: Mentors in Violence Prevention; Futures Without Violence; and Safe Horizon. We will be continuing this training going forward. 

b. In the process of taking a fresh look at our policies and practices in the domestic violence area, the NBA has sought guidance from experts in the 

field—including representatives from the Corporate Alliance to End Partner 

Violence, Men Can Stop Rape, Safe Horizon, Joyful Heart Foundation, and 

the Institute on Domestic Violence in the African American Community. We 

have also retained Valli Kalei Kanuha, a Professor of Social Work at University of Hawaii and well-known domestic violence expert, as a consultant. We 

will continue to work with these individuals and organizations, as well as 

others in the field, to ensure that our programs and policies are comprehensive and effective. 

Question 2b. Will your organization commit to a zero tolerance policy that makes 

it loud and clear that domestic violence is wrong, and will not be tolerated? 

Answer. Domestic violence is a serious societal issue that is antithetical to any 

community or organization that prides itself on the values of respect for others, good 

moral character, and common decency. These values are central to the NBA, and 

domestic violence is an issue that we are committed to handling with the proper 

significance and attention through a comprehensive, thoughtful and constructive set 

of policies (which includes education, counseling and the imposition of appropriate 

discipline). 

As we did with Charlotte Hornets’ player Jeff Taylor earlier this year, the NBA 

will respond to allegations of domestic violence and similar offenses with an independent investigation. (Mr. Taylor was suspended by the NBA for 24 games in November after an independent investigation, and Commissioner Silver’s opinion setting forth the basis for this discipline has already been provided to the Committee.) 

Upon the conclusion of any such investigation, the NBA will determine the facts of 

the conduct at issue and impose discipline, if any is appropriate, based on those 

facts, and in consultation with appropriate NBA staff members and experts in the 

field of domestic/family violence. During this process, we will, with the help of these 

experts, make every effort to ensure that the victim receives the support that he 

or she needs, which may include education and counseling. 

Question 2c. Will your organization commit to providing every victim with an 

independent advocate who will provide them the support that they need? 

[Ms. Behrens did not reply to this question.] 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO MICHELE ROBERTS

Question 1. It’s my understanding that only the NFL can promulgate uniform 

rules and policies to address domestic violence without reopening its collective bargaining agreement with the players unions. 

Question 1a. For the others, can you please tell me where you are in negotiating 

new uniform policies to address domestic violence? 

Question 1b. Does management and the unions see eye-to-eye on the major elements of a uniform policy, such as strong penalties and effective education and outreach? 

155 

Answer. Domestic violence is a topic that our players have long recognized needs 

to be addressed in a firm and comprehensive manner. Recent events have given us 

an opportunity to re-examine and strengthen the already comprehensive scheme the 

NBA and NBPA have in place, and add even more safeguards with a focus on prevention and counseling. We want to make sure that every player, wife, girlfriend, 

and family member has a safe environment to seek help without fear of retaliation 

or additional harm. Management and our union have worked closely together in this 

area in an unprecedented manner, as we try to lead by example and help create 

the kind of awareness and attention that this prevalent and society-wide problem 

deserves. 

Our Collective Bargaining Agreement (CBA) will expire on June 30, 2021, though 

both parties have the option to terminate it on June 30, 2017. Despite our being 

two and a half years away from the next possible negotiation, the NBA and NBPA 

have already added to the existing CBA requirements by instituting a mandatory 

meeting for each team on domestic violence awareness. Our education and outreach 

efforts were discussed at the hearing in more detail, and are summarized again 

below. 

We begin to broach the topic of domestic violence with our players years before 

they even enter the NBA. Each June at our Top 100 Camp, the NBPA brings together the Nation’s elite high school basketball players, together with their parents, 

and helps prepare them for competitive life at the next level, with an emphasis on 

character, education and life-skills development. Close to 200 current NBA players 

have attended the Top 100 Camp. During the week-long program at the University 

of Virginia campus, the players work on their basketball skills, but the majority of 

each day is focused away from the court, where our staff of retired players, counselors, psychologists and psychiatric professionals lead large and small group discussions that, in part, focus specifically on respect issues with girls and women. At this 

young and impressionable age, we teach players that part of embracing their manhood includes treating every woman with kindness and respect. At last June’s 

Camp, the boys—and their parents—spent a great deal of time with Kalimah Johnson, a very effective educator and founder of the SASHA Center, a Detroit-based 

healing and awareness center focusing on sexual assault. 

The education continues the moment a player enters the league, with the Rookie 

Transition Program, a four-day joint program between labor and management that 

likewise focuses on personal skills development and provides training on numerous 

topics related to conduct, including domestic violence. In past years, Judge Glenda 

Hatchett has been a very effective voice delivering graphic and powerful presentations on the effects and consequences of sexual misconduct and abuse of women. 

To complete the progression, we not only raise awareness for our players before 

and upon entering the NBA, but we now hold a Team Awareness Meeting, designed 

jointly by the NBA and NBPA, devoted solely to the topic of domestic violence. 

Kalimah Johnson of the SASHA Center and Ted Bunch, co-founder of A Call to 

Men, a leading violence prevention organization, are traveling around the country 

to meet with every NBA team for a session devoted solely to domestic violence 

awareness. These sessions supplement the year-round work done by our NBPA 

Player Programs staff—a group of seven retired players who work full-time for the 

union—together with the joint labor-management Player Assistance and Health 

Education Programs, that help players confront many of the emotional, anger management and other stress-related issues that can be at the root of a domestic conflict. 

We have focused most recently on prevention and services to family members. At 

the union’s expense, I convened a group of NBA mothers, fathers, spouses and 

girlfriends for an all-day session at our offices in New York. Those discussions were 

facilitated by a domestic violence expert, Karma Cottman, Executive Director of the 

D.C. Coalition Against Domestic Violence. Among other things, we identified as a 

principal need the establishment of a hotline and counseling service that will encourage not just players, but family members and other interested persons, to seek 

out help without the fear of retaliation or unintended consequences. Many people 

are fearful that if they speak out about the possibility or the actual occurrence of 

a domestic violence event, they will expose themselves to public ridicule, be alienated by relatives and friends, and/or jeopardize a player’s livelihood, and, thus, put 

at risk their family’s financial health. Everyone must be comfortable that there is 

a safe and confidential manner to seek help. 

We fully believe in and support the Committee’s and Congress’ goal of eliminating 

domestic violence in sports, and we believe this goal is best accomplished by the 

leagues and players working together through collective bargaining and other joint 

programming to accomplish this universal objective. Together we can and will set 

a tone of appropriate respect for women and all family members. 

156 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO JESSICA BERMAN

Question 1. It’s my understanding that only the NFL can promulgate uniform 

rules and policies to address domestic violence without reopening its collective bargaining agreement with the players unions. 

Question 1a. For the others, can you please tell me where you are in negotiating 

new uniform policies to address domestic violence? 

Answer. The current NHL/NHLPA Collective Bargaining Agreement addresses 

off-ice conduct, which includes domestic violence, and grants the Commissioner 

broad authority and discretion to act and impose discipline when a Player ‘‘has been 

or is guilty of conduct . . . that is detrimental to or against the welfare of the 

League or the game of hockey.’’ With that being said, the NHL is in the process 

of reviewing its current policies to ensure that they are both effective and state-ofthe-art. The National Hockey League remains committed to the principle of addressing Players’ personal conduct problems in a meaningful way and we intend to engage and involve our Players’ Association in any ‘‘next steps’’ that might prove appropriate. 

Question 1b. Does management and the unions see eye-to-eye on the major elements of a uniform policy, such as strong penalties and effective education and outreach? 

Answer. See answer to Question 1a which describes the NHL/NHLPA’s current 

policy. With that being said, the NHLPA maintains the ability to file an appeal to 

the League’s decision to discipline a player for off-ice conduct. From our experience, 

this decision is made on a case-by-case basis. Generally speaking, however, the NHL 

and NHLPA have worked effectively and collaboratively on education and outreach. 

Question 2. The New York Times recently reported on special treatment that NFL 

players receive from law enforcement when they are accused and even arrested for 

domestic violence. The November 16 article reported that teams form cozy relationships with the local police, often employ off-duty officers, and give them special 

perks. According to the article, teams will work with law enforcement in order to 

minimize publicity and the negative impact on players. In one case, a player arrested for domestic violence was actually escorted by police back to the residence 

of the woman he assaulted. This is unbelievable. 

Question 2a. Do your teams employ or otherwise provide financial benefits to offduty police officers? If so, please give me the percentage of your teams that do so. 

Answer. No. 

Question 2b. Will you adopt a league-wide policy that prohibits such employment 

in order to avoid special, lenient treatment for players that run afoul of the law, 

including for domestic violence incidents? 

Answer. We have not considered adopting a policy such as the one described in 

your question because we have no knowledge that any such employment exists in 

the NHL. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BARBARA BOXER TO

JESSICA BERMAN

Question 1. The entire nation was shocked by the video of a football player knocking his fiance ́e unconscious in a hotel elevator and honestly I don’t believe that anyone who saw that video will ever forget it—the punch and the dragging of a woman 

flopping like a rag doll on the cold hard floor. 

Unfortunately this was not an isolated case: There have been 83 arrests of NFL 

players for domestic violence reported since 2000. In fact, 48 percent of all violent 

crime arrests for NFL players are for domestic violence. 

We know this is not just a problem for the NFL. We have seen too many other 

horrific acts of violence perpetrated by professional athletes in the NBA, the NHL 

and in Major League Baseball. 

We know that domestic violence is a problem that plagues our society as a 

whole—and we know that it is time for all of us to act to address this epidemic. 

So I have some questions that I want to ask all of the sports leagues that are 

represented here today: 

Question 1a. We know that, tragically, most cases of domestic violence go unreported. How many allegations of domestic violence has your league received in the 

last decade? 

Answer. Allegations of domestic violence which are not reported to us or which 

do not appear in the media are handled through the NHL/NHLPA Substance Abuse 

157 

and Behavioral Health Program. Based on our inquiry to the independent medical 

professionals who are charged with administering that Program, during the history 

of the Program (approaching 20 years), the number of contacts for domestic violencerelated incidents amount to no more than a ‘‘handful,’’ none of which would have 

triggered legal reporting requirements. Because of the confidential nature of the 

Program, precise details beyond those that are provided here are not available to 

the League. 

Question 2. As representatives of our professional sports leagues, you have the 

unique opportunity to lead the way—and do good for the entire nation—by preventing these crimes and setting an example when a crime occurs. 

I believe there are three things you can do immediately: 

The first is prevention. We need to stop these horrendous acts of violence before 

they happen. To do that, you need to act now by educating your players, employees, and their families that domestic violence is unacceptable and will not 

be tolerated. . This education, or call it counseling or call it life coaching, is absolutely critical to prevent violence. 

Second, you need to create a real zero-tolerance policy for domestic violence. 

Earlier this year, I led a bipartisan group of 16 Senate women urging National 

Football League Commissioner Roger Goodell to institute a zero-tolerance policy 

for domestic violence. 

It is up to ALL of our professional sports leagues to send that message to their 

players—that if they can’t meet that standard, then they shouldn’t be wearing 

the uniform. Why do I say that? Because like it or not, here is a fact—players 

are role models for our children. 

Finally, you need to ensure that the victims of domestic violence are encouraged 

to report these crimes and immediately given an independent advocate who will 

fight for them every step of the way. 

That means contracting with well-respected non-profit domestic violence organizations that are right there in the community. 

I am proud that, in California at my urging, the University of California and the 

Cal State Universities have agreed to do this voluntarily. 

I believe this same model should be used by all of you. 

It is critical that our professional sports teams put the victim’s needs at the center 

of their policies. 

Question 2a. Will your organization commit to establishing a domestic violence 

prevention program that includes rigorous and mandatory training for all players, 

coaches, personnel—and their families? 

Answer. The NHL has already instituted (and currently employs) a comprehensive educational program pursuant to which it educates its Players and their families on issues related to relationship conflict and domestic violence. It is and has 

been for at least the last decade a priority in our various Player education-related 

programs and curriculum. Having said that, and in light of recent events both generally and specific to our League, we have undertaken a process of reviewing our 

current education programs for Players, personnel and their families, both at the 

League and local Club level to ensure that they are both effective and state-of-theart. The National Hockey League remains committed to ensuring that Players’ personal conduct remains appropriate and socially acceptable, and in addressing unacceptable conduct in a responsible and meaningful way. 

Question 2b. Will your organization commit to a zero tolerance policy that makes 

it loud and clear that domestic violence is wrong, and will not be tolerated? 

Answer. See answer to Question 2a. 

Question 2c. Will your organization commit to providing every victim with an 

independent advocate who will provide them the support that they need? 

Answer. See answer to Question 2a. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO STEVEN FEHR

Question 1. It’s my understanding that only the NFL can promulgate uniform 

rules and policies to address domestic violence without reopening its collective bargaining agreement with the players unions. 

Question 1a. For the others, can you please tell me where you are in negotiating 

new uniform policies to address domestic violence? 

158 

Answer. As both Ms. Jessica Berman (for the NHL) and I (for the NHLPA) explained at the hearing on December 2, the subject of discipline by the League for 

player ‘‘off-ice’’ misconduct, which would include domestic violence, was dealt with 

during the recent round of collective bargaining which resulted in a new collective 

bargaining agreement reached in January 2013. The NHL and the NHLPA are thus 

not currently negotiating new policies regarding domestic violence. As part of the 

new CBA there are provisions which (1) allow the Commissioner to discipline a player for ‘‘off-ice’’ conduct; (2) allow the player to appeal any such discipline to a neutral arbitrator; and (3) give the Commissioner the ability under certain limited circumstances to suspend a player even though he has been unable to complete his 

investigation of the matter due to a potential criminal proceeding, also with the 

ability of the player to challenge that action before a neutral arbitrator. A case has 

arisen recently which may bring these provisions into play (it would be the first 

such case). As it runs its course, that case may provide the parties an opportunity 

to assess how well those provisions are working. 

Question 1b. Does management and the unions see eye-to-eye on the major elements of a uniform policy, such as strong penalties and effective education and outreach? 

Answer. We believe that the parties have worked effectively on education and outreach. We continue to do so and of course are always looking for ways to improve 

our efforts in this area. As for the nature and extent of the penalties, the parties 

have agreed to a process in the recently-negotiated CBA that is intended to ensure 

that any penalties issued by the Commissioner respond appropriately to the circumstances. As outlined above, the recently-negotiated CBA provides a mechanism 

for the Commissioner to issue discipline and for that discipline to be appealed to 

a neutral arbitrator. The arbitrator is mandated to determine, among other things, 

whether the penalty is appropriate given the particular facts and circumstances surrounding the conduct at issue and whether it is proportionate to the gravity of the 

offense. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. JOHN THUNE TO

STEVEN FEHR

Question. In an op-ed that appeared in the November 13, 2014 edition of the New 

York Times, NBA Commissioner Adam Silver called on Congress to ‘‘adopt a Federal 

framework that allows states to authorize betting on professional sports, subject to 

strict regulatory requirements and technological safeguards.’’ What are the views of 

the NHLPA on Commissioner Silver’s proposal? Please explain your answer. 

Answer. We have never before seriously considered this issue, we have not talked 

to our members about this, nor have we developed a view. But since the NHL has 

a much larger presence in Canada than the NFL, MLB, or NBA, we would need 

to seriously consider the legal landscape in Canada and its provinces as well before 

developing a view or advocating for a position. 

Æ 

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