the Report. On behalf of the NFL, considered one of its investigators outlined the time period at the evidentiary
listening to as the “unwanted sexual contact with another person.”15 The NFL contends that Mr.
Watson dedicated sexual assault by allegedly “touching [his] penis to the ladies with out their
consent.”16 As it’s the NFL’s prerogative to impose the Policy on its gamers, I’m sure to
settle for the NFL’s definition of sexual assault. Therefore, it’s the NFL’s burden to show that it’s
extra doubtless true than not that: (1) Mr. Watson meant to trigger contact along with his penis; (2) he
did so for a sexual function; and (3) he knew that such contact was undesirable.
many undisputed information. For occasion, there isn’t any dispute that Mr. Watson used Instagram to
contact these therapists, and that he was clearly recognized to them as a participant for the NFL
via Instagram.17 There can be no dispute that he reached out for personal therapeutic massage classes
with ladies whose skilled {qualifications} had been unknown to him, nor had been their skilled
{qualifications} explored by him.18 Mr. Watson all the time forecast his need that sure areas of his
physique be massaged, together with his decrease again, glutes, abs, and groin space.19 In all 4 instances, the
therapists had been keen to go ahead with the therapeutic massage; nonetheless, none of the therapists had been
keen to supply him therapeutic massage providers once more.20 Finally, there isn’t any dispute that Mr. Watson
15 Tr. at 483:20-484:19. 16 Id. 17 Report, Exs. J, O, S, GG. 18 Report, Ex. F at 161:9-12; Ex.H at 246:9-21. 19 Report, Ex. F at 170:8-172:5; Ex. T. 20 It needs to be famous on this regard that a number of therapists performed a number of therapeutic massage classes with Mr. Watson or agreed to work with him once more. See Watson transient at 4 n.26. Although considered one of the 4 therapists right here massaged Mr. Watson twice, the NFL solely depends on the second session as a foundation for self-discipline. See Watson Ex. 83 at 218:20- 219:7.
As famous above, the conduct of “sexual assault” just isn’t outlined in the CBA, the Policy, or
The document offered by the NFL to assist its allegations of sexual assault consists of
(1) Conduct that Qualifies as a Sexual Assault
6
