As we continue to parse what NFL teams mean when they say they’ll afford players “due process” before taking disciplinary action, the case of 49ers defensive lineman Ray McDonald is drawing increased scrutiny.
McDonald was arrested on suspicion of felony domestic violence in an incident that police say left visible injuries on his pregnant fiancée. The 49ers have insisted that it wouldn’t be appropriate to deactivate McDonald -- as the Panthers just deactivated their accused domestic abuser, Greg Hardy -- because McDonald has only been arrested, not formally charged and certainly not convicted.
But the 49ers haven’t always been so keen on due process. In 2012, when 49ers backup tight end Demarcus Dobbs was arrested for misdemeanor driving under the influence and misdemeanor marijuana possession, the 49ers quickly announced that Dobbs would be inactive for the next game, against the Rams.
So what was the difference? The 49ers said it was a matter of Dobbs still being processed by the police when the team flight to St. Louis left, although they never explained why Dobbs wouldn’t be allowed to play if he got to St. Louis on his own. Dobbs was arrested in the early-morning hours on a Friday, and the 49ers’ game against the Rams wasn’t until Sunday afternoon, and Dobbs could have made it to St. Louis on his own in plenty of time to play, but the 49ers sat him down. The team has never publicly explained what it views as different about the Dobbs case and the McDonald case.
The 49ers have also not publicly explained what they view as different about McDonald, Hardy and Ray Rice, although privately they seem to be saying that the McDonald case isn’t as bad. Several reporters have cited unnamed sources within the 49ers organization as saying they don’t think McDonald’s case is as serious as the NFL’s other two high-profile domestic violence incidents recently.
What makes the 49ers think the McDonald case isn’t as serious? Again, the team isn’t saying. But an arrest on suspicion of felony domestic violence in an incident that leaves visible injuries on a pregnant woman sure sounds awfully serious.
The 49ers are taking a lot of criticism for continuing to play McDonald, and not just from outsiders: Hall of Fame 49ers quarterback Steve Young publicly told the 49ers that their decision to keep playing McDonald while also claiming they have no tolerance for domestic violence shows that “you’re not serious about it.”
Young, a graduate of BYU’s law school, also pointed out that just because McDonald is legally entitled to due process, that doesn’t mean the 49ers have to play a guy who is accused of harming a pregnant woman: “I understand due process. . . . Every owner can decide this for themselves.”
Jed York, the team’s CEO, has insisted that “Ray McDonald is not Ray Rice.” Maybe that’s true.
It’s also true that Ray McDonald is not Demarcus Dobbs. Dobbs is a good special teams player, but he’s not as important to the team as McDonald, a starter on the defensive line. If McDonald were just a special teams player, he probably wouldn’t be playing for the 49ers right now. If you’re an NFL player and you want your team to stand up for your due process rights, you’d be wise to be a starter like McDonald, and not a special teams player like Dobbs.