From USA TODAY…
What did Brett Favre do wrong? Legal experts uncertain
By Gary Graves, USA TODAY
Right now, the conduct of Minnesota Vikings quarterback Brett Favre is subject to the judgment of NFL commissioner Roger Goodell rather than the legal system.
As the league probes whether Favre acted inappropriately toward Jets employee Jenn Sterger during his lone season with New York in 2008, the facts must meet specific legal criteria to qualify as sexual harassment, several attorneys said Tuesday.
According to those legal experts there are currently no laws against texting or e-mailing sexually explicit photos.
“Because Mr. Favre was not this woman’s employer, it might be a situation (for) with the Jets. The team has responsibilities to its other employees,” said Barry Peek, a partner in the New York law firm Meyer, Suozzi, English & Klein. “Right now, they’re just investigating what was said, and it’s not sexual harassment if the (conduct) was welcome.”
As for the photos, Peek added, “that’s a First Amendment issue, which is protected as long as it isn’t child pornography. You could even say it’s art.”
Goodell declined to say what potential violations of the league’s personal-conduct policy Favre may have violated. “I’m going to deal with it as we get the facts and make sure we’re being responsible,” he said.
The website Deadspin first published a story including voice mails and lewd photos it said were allegedly sent by Favre to the cellphone of Sterger, a former Jets game-day host. The league responded by opening an investigation into the matter.
According to the Associated Press and others, Favre apologized to Vikings teammates before Monday night’s 29-20 loss to the Jets for creating distraction.
The generally accepted legal standards for sexual harassment includes unwelcome advances; pervasive behavior constituting a hostile work environment; and whether any complaint was made with the company.
This applies to the NFL and its clubs, but the league’s personal-conduct policy is much broader and can discipline players without legal charges, either through a fine or suspension.
Pittsburgh Steelers quarterback Ben Roethlisberger returned to practice last week after serving a four-game suspension for violating the policy despite not being charged for an incident involving a college student in Georgia.
“We don’t know what he did and whether it rises to the level of sexual harassment,” said Rick Karcher of the Coastal Law Center for Law and Sports in Jacksonville, Fla.
“Everything seems premature with the pictures and e-mails, and that doesn’t mean the league won’t do something because it has wide discretion with its discipline.”
Though the league’s quick response could be perceived as a step in an effort to preserve its image, Peek countered that it could be also interpreted as dealing with the situation proactively.
“There’s a strong possibility that the league could take some action,” Peek said. “How strong? I don’t know. It depends on if it turns out to be factual.”
Karcher wondered if Favre could also face fallout with endorsement deals such as jeans maker Wrangler, a regular presence during NFL telecasts. Depending on if his agreement includes a morals clause and its scope, the company could terminate it if it determined that the scandal would harm its image.
On the other hand, Karcher added “they might not think it’s detrimental to their ability to sell jeans.”
Contributing: Sean Leahy
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