During halftime of Saturday’s Pitt-Notre Dame game, NBC’s Peter King advanced the ongoing Brett Favre story by pointing out that former Jets sideline reporter Jenn Sterger will cooperate with the NFL’s review/investigation of allegations that Favre pursued her and sent inappropriate photos via text message in 2008, while both Sterger and Favre were employed by the Jets.
The fact that Sterger won’t be pursuing sexual harassment charges doesn’t matter; the Jets and the NFL have no choice but to investigate any hint of possible sexual harassment, and Sterger’s willingness to cooperate at a time when she has no legal obligation to do so will give the review/investigation more steam than it otherwise would have.
The situation undoubtedly will be reviewed under the Personal Conduct Policy, which requires players to conduct themselves “in a way that is responsible, promotes the values upon which the League is based, and is lawful.” The laundry list of potential violations includes a broad catch-all provision that encompasses "[c]onduct that undermines or puts at risk the integrity and reputation of the NFL, NFL clubs, or NFL players.”
Though Favre’s alleged conduct most likely doesn’t violate any criminal laws (the “penal code” doesn’t mean what its name might suggest), sexual harassment violates state and federal statutes that impose civil liability.
All that said, and as we explained during the Notre Dame halftime, the investigation undoubtedly won’t be fully concluded before the end of the 2010 season. But if Favre doesn’t finally retire, it’s something that the league may have to address in 2011.