NFL Investigation Reveals Familiar Culture and Challenges

As a New England Patriots fan, the story of an intra-locker room problem on the Miami Dolphins last fall didn’t even register on my radar screen. In fact, off-the-field problems for the Dolphins would actually be welcome news for New England fans.

Last week a friend suggested I read the NFL investigation report into the hazing incident involving Miami rookie Jonathan Martin. The report was released February 14, 2014, and he  said it sounded eerily familiar to the kind of hazing we see in the fire service. The overview of the case intrigued me:

Jonathan Martin is a professional football player who began the 2013 season as the starting left tackle for the Miami Dolphins of the National Football League. On Monday, October 28, 2013, midway through the season, Martin abruptly walked out of the Dolphins’ practice facility and checked himself into a nearby hospital, requesting psychological treatment. Within days, the press began to report that this 6-foot 5-inch, 312-pound, Stanford-educated, two-time All-American offensive lineman had left the team because some of his teammates had subjected him to persistent bullying, harassment and ridicule. The Dolphins requested that the NFL investigate the allegations of misconduct. The league then commissioned this independent Report.

I read the report, and except for the football references and the multi-million dollar salaries, the fact pattern very well could have occurred in a fire department. However, two things struck me about the investigation.

First, in the fire service such a thorough investigation would likely not have been undertaken until AFTER the victim had obtained an attorney and either a lawsuit was imminent or had been filed. The reason the NFL reacted so quickly was no doubt economic: pro football players are a valuable commodity, an asset to their team. Losing a starting player… or multiple players as was the case with the Jonathan Martin incident – effects the bottom line.

The second thing that struck me was that the report made no recommendations. It concluded as follows:

As all must surely recognize, the NFL is not an ordinary workplace. Professional football is a rough, contact sport played by men of exceptional size, speed, strength and athleticism. But even the largest, strongest and fleetest person may be driven to despair by bullying, taunting and constant insults. We encourage the creation of new workplace conduct rules and guidelines that will help ensure that players respect each other as professionals and people.

No recommendations beyond a vague suggestion… Martin was lost for the season, as was the primary bully, Richie Incognito, who was suspended. But no recommendations? I expected a laundry list of recommendations and hoped some might be relevant to the fire service. Then I saw it:

On December 15, the Dolphins announced that Incognito would remain suspended for the rest of the season, with pay. The team, however, has refused to pay him what he says he is owed under his contract (approximately $500,000) in connection with the first two weeks of his suspension. Incognito has filed a grievance in connection with that decision. He will be a free agent in March 2014.

That’s how the NFL deals with it’s problem children, talented as they may be. Free agency… cut them loose, send them off to another team and move on. I suppose when you have that as an option, no recommendations are necessary.

Unfortunately, the solution would not be as simple for a fire department. Lawsuits, grievances, and disciplinary actions would all be inevitable had this incident occurred in the fire service. Lawyers, arbitrators, and judges would have the final say about whether Firefighter Incognito could be terminated. A fire department would have to deal with the real possibility of a workplace where Martin and Incognito would remain co-workers for another 10-30 years.

Makes you wonder who needs stronger leadership.

Here is the report. miami-dolphins-ted-workplace-conduct-report

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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