Unsportsmanlike Conduct: Curbing the Trend of Domestic Violence in the National Football League and Major League Baseball

INTRODUCTION"I just beat the hell out of my wife and kick the dog,"1 once said Dallas Green, then manager of the New York Mets, about his method of coping with losing baseball games.2 Domestic violence is a "significant problem" in American society.3 While both males and females may be victims of domestic violence, national statistics indicate that over ninety percent are women.4 According to the American Medical Association, nearly twentyfive percent of women in the United States will suffer physical abuse at the hands of their current or former husbands or boyfriends during their lifetimes.5 Domestic violence is the single major cause of injury to women, and up to one-half of all female homicide victims are murdered by their partners.6 Domestic violence injuries are more common than injuries resulting from auto accidents, muggings, and rapes combined.7 Since most domestic violence incidents occur in the privacy of the home, only one in ten incidents are actually reported.8Some have argued that athletes are more inclined to commit domestic violence than the rest of society.9 In fact, between January 1989 and November 1994, police reported that fifty-six current and former professional football players were accused of violent behavior toward women.10 Both the National Football League (NFL) and Major League Baseball (MLB) have a set of rules that athletes must follow while on the field, but what about rules regarding off-the-field conduct? These professional sports leagues have disciplinary procedures addressing athletes' off-the-field conduct, including use of performance-enhancing drugs, but existing league policies and procedures do not thoroughly address the problem of domestic violence.11 What penalties, if any, do these athletes face if they commit acts of domestic violence? This Article examines the existing disciplinary policies and procedures of the NFL and MLB, and their strengths and weaknesses when applied to situations involving all forms of domestic violence, including sexual assault. Part II provides an overview of current disciplinary authority in the NFL and MLB and explores the absence of adequate punishments for incidents of domestic violence. Part III analyzes why the NFL and MLB have been slow to address the problem of domestic violence, and Part IV illustrates why drafting and implementing a uniform policy to combat domestic violence makes sense.I. CURRENT DISCIPLINARY AUTHORITY IN THE NFL AND MLBDisciplinary authority in the NFL and MLB is vested in two primary sources: the leagues and the individual teams.12 Commissioners of both the NFL and MLB "notoriously possess dominant powers in governing league matters."13 Constitutions, bylaws, and collective bargaining agreements grant authority to league commissioners to discipline players for acts deemed not in the "best interest" of the sport.14 Discipline may be imposed in situations such as where a player carries a gun into the workplace, illegally possesses a gun outside of the workplace, or uses or possesses illegal or performance-enhancing drugs.15Commissioner-initiated discipline follows the same basic structure in both the NFL and MLB.16 The respective leagues, however, invoke their disciplinary powers in divergent ways.17 In recent years, both MLB and NFL league commissioners have introduced and adopted more stringent policies in an effort to reduce off-the-field misconduct.18 For example, NFL commissioner Roger Goodell introduced a strengthened personal conduct policy in 2007.19 These new policy provisions allow the commissioner to invoke his authority in specific instances where a player violates the rules.20 In contrast, MLB allows the commissioner to discipline players whenever the "best interests" of the game are at risk.21Additionally, both leagues have the power to discipline players according to terms found in individual player contracts.22 Each league has a standard player contract mandating that the player agree to numerous provisions, including disciplinary provisions related to both on and offfield conduct. …