It’s a good thing Titans receiver Kenny Britt isn’t worried about the possibility of being disciplined by the league after his eighth arrest in three years, a DUI charge. Because it could still happen.
Per Terry McCormick of TitansInsider.com, NFL spokesman Greg Aiello says that the situation is still “under review.”
Given that Britt has appeal rights, a suspension imposed in the immediate future likely wouldn’t keep Britt from playing in Week One. First, he’d get a letter from Commissioner Roger Goodell. Second, Britt would have a period of three business days to appeal any suspension imposed under the personal-conduct policy, or five days (total, not business) to appeal any suspension imposed under the substance-abuse policy. Third, an appeal hearing would have to be scheduled and conducted. Fourth, a decision would have to be made.
Complicating the present case is the fact that Britt, despite eight total arrests (and counting), has been arrested for DUI only once. Since DUIs fall under the substance-abuse policy and since the substance-abuse policy says that the usual penalty for a first-offense DUI, Britt may not be subject to suspension.
Further complicating the present case is the fact that Britt’s DUI case hasn’t been resolved yet. While discipline under the personal-conduct policy may be imposed before conclusion of the prosecution, DUIs fall within the four corners of the substance-abuse policy.
In the end, the league can do pretty much whatever it wants, since the league has final say via the appeal process. But if the NFL violates the plain terms of the substance-abuse policy in suspending Britt, he could be able to make a very viable claim in court that the suspension should be overturned.
At least if Britt has to go to court to overturn the suspension he’ll be comfortable with the surroundings.