can already do with their existing authorities, the nfl mind on that, and what must be the subject of new bargaining which may be more popular with some than others. i also want to be clear the problem of domestic violence in is not anal sports problem unique to the nfl. the nfl has made most of the months, bothrecent for shocking and high profile league's and for the controversial response. all of the professional sports leagues represented here today, problem with a athletes or employees who have committed violent criminal acts. all of them. i can give them to you if you try to deny it. until recently, the league's good.s have not been there is a long list of players in the nfl, the nba, the nhl, and major league baseball who have been charged with and in of domesticonvicted violence and the leagues have nothing in or response. press has reported that a culture of silence within the leagues often prevents victims from reporting their abuse to law enforcement. change. to there are reasons for that. financial, et cetera. silence is so because the most case the being male, the wife doesn't want to give up the salary and all of these things it. into but it has to stop. we are herewhat for. to talk about it. and to move forward. excellent cochair here, senator thune. you, mr. chairman for holding this hearin hearing to s lense in professional sports. i'm that 10-year-old kid you are about freeing up. aspired to and admired and idol iowaed professional athletes and a small town in south dakota of 800 people where we didn't get a newspaper until the you didn'tay and so get box scores you got line scores to follow your baseball got oneand we television channel and so we got the cbs affiliate this some that is true. and so, you know, i got to watch packers twice a we are and that was the two times they played the minnesota divisional.he but that was my team and because we only got one television we had.that is all i had -- i would -- we didn't have a lot of the apparel that now have so i would take a white t-shirt and a blue felt pen and put 32 on there and the koufaxdgers for sandy and i wore that. fan and myt star brother was a roger staubach fan. i think all of us in this have a tremendous, you know, admiration for people who that level and it is incredible influence and power successful who are in professional sports have on young people in this country. watching.people are and that whether they like it or thosehe people who have positions are role models and ones.nly we hope good i just wanted to -- and that is why i think this domestic violence issue brought to your attention here of late and entered into the national discussion is so important. father of two daughters, i found the graphic security camera footage of running back ray rice and his then fiancee to be sickening like so many others did across the country. the nfl initial response to the completely inadequate. a two game suspension was a penaltytry sentence. failed toe nfl understand the scope and severe i of the incident at worse by suspend mr. rice only after the video was made public the nfl sent a mixed message to of fans and the general public about how it handles such acts of violence. as you mentioned this isn't unique to professional football. we will hear today that every league has experienced similar acts of violence by respective players over the years. i'm troubled by the recent remarks of the commissioner of seemed to downplay the extent of the problem in his sport. rather than minimizing the issue for theect approach is leagues to engainl in meaningful talks with the players unions ensureer stakeholders to player conduct policies are sufficient when such acts of are carried out. may mean renegotiating certain contract provisions and strengthening penalties where appropriate. questions of due process. determining if, we and how a be disciplined also an important part of the conversation. this is a conversation that needed to take place. this issue isn't going away any time soon. and while i'm encouraged to hear leaguesmany of the represented here today the conversation has begun we should a consistentwards policy when it comes to such acts of violence. any kind but particularly against women and children is particularly unacceptable. hearing hope that the will shed light on what professional sports leagues are andg to address the issue if as many believe the current policies are vin sufficient to address the certains in an adequate and equitable manner i'm hopeful the hearing will put on leagues and players' union to do what is necessary to ofure that such acts violence are addressed swiftly and perpetrators of disciplined appropriately. used our jurisdiction in this area to examine a number of issues, steroids in sports to protecting children from concussions, often when we turn our attention to issues involve professional sports questions are raised about whether it is the bet use of our time and resources. for instance, in 2005, this committee held a series of hearings to examine the policies of major league baseball steroids. the use of i wasn't on the committee. at that time. but i'm aware of some of the headlines that the hearings generated chewing those that called the share road hearings a time and money. mr. chairman, as a result, something rear markable happened. major league baseball turned the corner from the sordid so called era and implemented a series of rear forms. committees ability to shine a bright light on problems in the world of sports is often all it takes to induce real and meaningful change and able to do so without changes in federal law. i believe this hearing is important. questions surrounding how leaguesonal sports address domestic violence are right ones. theessional athletes and teams they play for are for models andorse role opinion makers. exampley do can set an for the youngsters that grow up watching them. while i thank the witnesses for here today and sharing your testimony it is disappointing that the league commissioners are not here to sports.r their also unfortunate with the notable exception of the nba ployers association the heads of or players associations are not here today. these issues that should not be partisan. and it may very well be appropriate for the commit we to next congress to assess the progress of the leagues and players' association domesticg with violence. thank you. >> thank you very much, senator. now we willmething that we don't usually do but going to chair of the relevant mccaskillee clare speak for two minutes and heller. by senator >> thank you, mr. chairman, for holding this important hearing. publicght light of attention needs to be turned on on avery high wattage problem that exists in the scarys in a very dark and place. with great power and influence comes great responsibility. and no one will debate that leagues you represent here today have more power and influence in our country than many any other institutions that i can think of. professional sports must do a setting an example to young people and victimims of domestic violence who face very difficult decisions as they struggle with holding their abusers accountable. professional sports with with donefew exceptions have little to hold those who commit this crime accountable. perpetrators know that if they can only get their victims cooperate,refuse to threaten their financial future, threaten the future of their family's financial status or put an airplane to venezuela, if they can things, thenose nothing will happen. there has been little or no effort to independently get the just use the, crust predictable outcome that very who are abused will have an adequate support system within professionalof the sports teams where they exist to the support to come forward and hold their abuser accountable. and large professional sports teams have relied on the the criminal justice system to get conviction as to their excuse why few players have been held accountable. i'm aping schulz to hear how you anxious to hear how you view your responsibility to independently gather the facts hold the professional sports accountablehletes with sanctions one your league. thank you, mr. chairman. >> senator heller. >> i appreciate the committee's attention to this important issue. i didn't realize until the hearing that nevada was so because we had three television channels able to our sanr warriors, francisco 49ers and the giants play. that there i know are some here in the room that may question why congress is involved in the issue. to explain why. every minute in the united states, 20 people will domestic violence. last night, more than 20,000 phone calls were made to hotlines.iolence one this three women will experience physical violence a partner sometime in their lifetime. children exposed to domestic likely tore more commit domestic violence later in life. as a husband, a father of two daughters, this is simply unacceptable and something that must be changed. the numbers aren't just statistics. people. wives, mothers, daughters, sisters and friends. the witnesses before us popular ande most commercially successful sports leagues in the world. the star players are household role models for fans and aspiring young athletes. witnessedew years we truly shocking acts from some of these public figures. how theconcerning as league handles the situations and how the unions protect these players. it is very leer to me that getting the players back on the more important than addressing incidences of sexual assault, domestic violence or abuse.ild the league's and the unions simply brush the problems aside the courts.to only when a video surfaced of punch an nfl player landed on his fiancee did the conscience of america demand the leagues and unions approach.e i can only imagine what survive hes feel like today. as i wrote to commissioner goodell, by waiting until the video became public they effectively condoned the actions of this player. holds truehe same for the players' association and in fact i don't think you even of theand the full scope problem. when the ray rice decision was playerned the nfl association said this is victory for disciplinary process that is fair and transparent. union will always stand up and fight for the due process of our players. due process.bout this is not about collective bargaining agreements you do not anymore or want to change. this is not about any type of with issues you may have the league. this is about helping to stop terrible -- a terrible problem ity.w so wives, mothers, sisters, daughters and friends are being beaten. worrying more about getting back on the field stopping abuse, your priorities are out of order. instead of addressing the problem, inadequate or nonexistent league policies or mean thatonduct agresors have to the been dealt with appropriately and the survivors of domestic violence have been left behind. there is no place for these domesticg acts of violence and sexual assault. our nation's professional sport ability toa unique make a difference. the american people need you to step up and this committee wants you are going to do to take a stand. thank you. senator.you, we go now to the witness list. again, i express our beingiation for your here. and we will start with mr. troy vincent who is the executive president of football operations, national football league. welcome. mr. chairperson, member of the committee i'm the atcutive football operations the national football league. i'm pleased to discuss the work tohave underway at the nfl address conduct sta standards including domestic violence and assault. we want to set the highest standards for personal behavior therder to meet expectations of our fans, players, and those are the general broader public. goodell commissioner issued an enhanced personal conduct policy for all players, and league employees. as recent events made clear we standardsept our current with our own values. we have made mistakes. we have been humbled. accept the criticism we have received and we are committed to being part of the solution. get this right. mr. chairman and committee, when issues i bringe the perspective far beyond an executive. domestic violence was a way life in my home growing up. my brother and i watched numerous times as my mother was knocked unconscious as we dialed 911. we saw how she struggled to seek say and find the courage to no more. the fair and the complexities accompanying the violence real in my life today. i have committed my life worked years as an 20 advocate against domestic violence an effort to keep from experiencing this lifetime pain. the 20 million victims. violence.of domestic sexual abuse and every community nation.ur great in addition, i had the honor and the privilege of playing in the national football league for 15 years. years of those -- 12 of those years i served as union official. of those years i served as a players' association president. i support the interest of all players in the fair process. i led these efforts. i know the majority of our current and former players are terrific husbands. men who have made incredible contributions to communities. mr. chairman, players know the league standards are not labor issues or management issues. are issues that concern everyone. in 2007, the league and the union worked closely together collaborated in developing a personal conduct policy. of those efforts. and today, just as in the past, nflleague has invited the p.a. along with other experts to highests in setting the possible standards. the nfl is taking a number of steps to improve how we respond incidents of domestic violence, child abuse, and assault. first, the efforts personally led by the commissioner. nfl has undertaken a thorough review of our personal conduct policy. vice president consulted with over 100 leading experts across a broad range of subjects. goal is to set clear rules to govern accountability for fairnduct, to establish a process for our players and employee discipline. we will create a conduct committee responsible for review and recommend changes to the goingal conduct policy forward. experts will continue to advise both the conduct committee and that we always have the right voices at the table on both educational and work.linary second, we are deploying a comprehensive mandatory education program for more than 5,000 men and women in the nfl family. our goal is to ensure that everyone understands and has the full scope of this behavior and warningiar with the signs associated with these crimes. education also promotes prevention. by standard intervention, how individuals can appropriately safely help those at risk is another key focus area of our education. third, we are training critical response teams to help prevent and respond quickly to family violence and sexual assault medical, safety, support.d financial fourth, we are supporting anding domestic violence sexual assault awareness and theention groups including national domestic violence hotline, and the national sexual center. resource fifth and finally, we are raising awareness of this issue.l domestic violence child abuse and sexual assault in collaboration with the no more campaign and the joyful heart foundation, the nfl is airing public service announcements during our game. promotinge are pro-ams for those who play, coach, and manage our game at all levels including age appropriate character development, healthy education as well as dating violence, domestic violence, child abuse and sexual education. we have learned a great deal from our mistakes and by listening to experts in the violence child abuse and sexual assault communities, we more we listened the more have learned and become more aware of these complexities, both of the problem and the solution. we are working hard to balance the issues of a fair process of prevetting and punishing these -- preventing and punishing these behave areors. mr. came and the committee, we believe that wearing the uniform a the nfl player is privilege. it is not a right. every member of the nfl must embrace this role it weership play in our society and the place in us.u we look forward to working with these -- toed vance advance these goals i know we all share. opportunityr this and chairman i thank you for your lie time service in this area. mr. vincent. that was excellent testimony and and good beginning. thank you. paterson, deputy managing director, national football league players' association. >> good afternoon, mr. chairman. >> can you put that closer. >> good afternoon, mr. chairman members of the committee. as stated my name is terri paterson. i serve as the deputy managing director and special counsel of players' association whom i represent on the panel today. we greatly appreciate the committee's interest in the issue of domestic violence. we always welcome the opportunity to meet with any members of the committee to the issues concerning our sport. we have seen in the past that the leadership of elected officials brought thoughtful and meaningful change to the sport. of example in the area concussions. we are worked with and supported members of this committee as betterntinue to push for standards to protect athletes this participate in football on all levels. today to address your concerns surrounding domestic violence and professional sports. be clear, neither our players nor the nfl p.a. condone in any form.ence we understand the significance of our position both for society at large and more importantly for the families and individuals involved. incident of domestic violence by any player is one too many but it does not and on thenot reflect overwhelming majority of the members who contribute to their ways.ities in countless this week for example you will see players out in the community with many of your constituents their children as part of the play 60 campaign. comprehensivet a system of education, prevention, intervention and counseling will help us find solutions to lowering the instances of domestic violence that present themselves each and every year. specifically related to our sport we believe that those tools combined with fair and appropriate discipline is the to achieve the goals of preventing incidents of domestic thosece and assisting involved. you will, we have seen repeated discipline under the personal conduct policy of the nfl implemented unilaterally commissioner has failed to get us closer to those solutions. on more than one occasion where disciplinary matters are of left solely to the nfl the process is miss mismanaged and not withstand outside review in new orleans, the commissioners imposed discipline overturned not only by an arbitrator but also by a former nfl commission eggs tasked with reviewing the nfl action. recently imposed discipline of ray rice it was overturned after further reruby former federal judge appointed as neutral arbitrator. system run uni laterally by the nfl does not work. membersnot work for the and we heard from our constituents that i'm sure you expresst continue to distrust and disple is huh in the current system of discipline. we have been tasked by our of players to find solutions and collectively bargain with the nfl for a better process. in early october this year we a commission to advice us on domestic violence prevention, intervention and processes of discipline. i included the names of the members of the commission in the ted testimony and also their bios. we are also pleased to see that ms. virginia sikes is testifying today. with the assistance of experts and community leaders we have started a meaningful dialogue to address these societal issues. we have requested that the n.f.l. join with us in appointing the members of the commission and participating in the work. the n.f.l. has declined to do so to date but that has not stopped us from moving ahead. we have attempted to engage the league in formal negotiations and bargaining to improve the personal conduct policies and the processes which it is to be administered. we provided the n.f.l. with a fair proposal over a month ago and despite the receipt of a letter response only this past sunday the n.f.l. still refuses to commit to collective bargaining. we believe that a jointly bargained system is the only way to ensure that professional football approach has the credibility and effectiveness that the fans, the sports business partners and our players have come to expect and respect, such as comprehensive drug related policies. we remain fully committed to addressing these issues in a meaningful way. we also remain ready to assist any members of the committee in improving the way domestic violence is addressed in our sport and country. thank you again for your time and we look forward to answering any questions you may have for us. > thank you very much. i just notice there was a tremendous amount of pressure coming from many directions not necessarily the folks at the witness table but the folks that you work with for us not to have this hearing. we went ahead anyway. so not everything is this openness is not as commonly eld a process as i would like. mr. joe torry, welcome. >> thank you, mr. chairman. good afternoon. chairman rock feller, senator thune, and members of the can he. i'm joe tore executive vice president for major league baseball and i want to thank you for the opportunity to discuss the efforts we are undertaking to address the issue of domestic violence and sexual assault. the subject matter of this hearing is personally important to me as a person whose childhood was touched by domestic violence i have come to understand that discussing the issue publicly has the potential to help millions of victims who believe that they must suffer in violence. in 2002, my wife and i formed the safe at home foundation to create educational programs aimed at ending the cycle of domestic violence and i am to say that we have their live solving this problem. is a eague baseball social institution and as our national past time has an obligation to set a positive example. the commissioner and i deplore domestic violence and crimes against women and families. we recognize the clear public expectation for the professional sport leagues to be leaders in addressing this social ill. some of our clubs already have taken a leading role in this issue. for example, seattle mariners have partners with washington state coalition against domestic violence on a statewide educational initiative called refuse to abuse. going forward the commissioner has instructed its staff to develop a stand-alone policy to address domestic violence and sexual assault prior to the upcoming season. although we are in the midst of developing this policy i would like to explain to the committee what we have done thus far and what we hope to do in the next few months. since september of 2014, as part of our education process, representatives of major league baseball have met with over a dozen national and local organizations focused on addressing domestic violence and violence against women and or providing services and support to victims. representatives from those groups consistently told us that while there are obviously unsettled by the recent incidents of domestic violence in professional sports, they incidents those have shined a light on an issue often in the shadows. they believe and we agree that sports leagues can make a difference. we have begun selecting a variety of organizations to mlbpa a joint m.l.b., steering committee that will develop education and training materials for players, staff and their families. some of these initiatives include posting informational materials at major league and minor league ball pacs and publicizing contact information for confidential hot lines and shelters. mble intends to develop educational programs at each club specifically designed for the families and intimate partners of players. we also are developing protocols that our clubs must follow in response to domestic violence or sexual assault incidents that will include appropriate measures to ensure the safety of affected individuals providing confidential counseling and treatment for victims and providing counseling and intervention for perpetrators. major league baseball has selected a san francisco-based oup called futures without violence to help us develop and implement training and education programs for all of our players. futures has been partnering with the san francisco giants on these important issues for more than a decade. futures has arranged for dr. linda chamber lin to speak with the medical staffs of our clubs at mlb's winter meetings in san diego this coming weekend. dr. chamber lin founded the alaska family violence prevention project and will be speaking to our club medical staffs on a trauma-informed apploach to addressing domestic violence. in january 2015 the top prospects in baseball will be educated on domestic violence and sexual assault during mlb's annual rookie career development program. beginning with m.l.b. spring training this february every major and minor league player will be educated on issues relating to domestic violence and sexual assault by futures. and other organizations including mentors and violence prevention, men can stop rape, call to men, and casa desspransa. the staffs of mlb clubs and the commissioner's office will also be educated. the commissioner understands that an important component of any policy covering domestic violence and sexual assault is appropriate discipline for players who engage in this conduct. presently the commissioner has the authority under mlb's collective bargaining agreement with the players association to discipline players for just cause for contact -- conduct that is materially detrimental or materially predge additional to the best interest of baseball including but not limited to engaging the conduct -- engaging in conduct in violation of federal, state, or local law. under a just cause standard, the commissioner's office is required to prove a violation by a player at an evidentiary hearing before a neutral arbitrator. which can be difficult in the absence of a conviction or a plea or without cooperating witnesses or tangible evidence regarding the conduct. in addition, our ash traitors in the past have been less inclined to uphold severe discipline under a just cause standard for off-field conduct that does not impact the player's ability to perform. mlb has proprosed revisions to its disciplinary policy covering players that will make it easier for the commissioner to impose an appropriate level of discipline on players who commit acts of domestic violence or sexual assault and have that discipline be upheld in arbitration. mlb does not have the right to insist on any changes to player discipline until its current collective bargaining agreement with the players association expires in december of 2016. however, we are hopeful that we will come to an agreement with the players association prior to the start of next season on a disciplinary policy specifically tailored to domestic violence and sexual assault. as we told our owners two weeks ago, major league baseball is committed to developing a culture in which its athletes implessityly understand their moral obligation as both men and role models to speak out and act against crimes against women and families. we fully understand that educating over 4,000 players from diverse backgrounds on an issue that many of them have not previously considered is not an easy undertaking. however, we intend to devote the time and the resources necessary to accomplish just that. thank you. >> thank you. it was my mistake that i did not say at the beginning of this hearing that we face two challenges. one, we have generally a rule that witnesses can speak for five minutes or less but not more. and secondly, we have votes starting at 4:00. so that puts pressure on all of us. to get on with it. ms. virginia sikes outside counsel major league baseball layers association. what is outside counsel? >> i advise them and i've been doing it for the past 25 years. i've been outside special counsel for most of the last 25 years to major league baseball players association. >> but they couldn't make it. >> well, i'm testifying on behalf of the executive director tony clark. he couldn't attend because he is right now chairing the annual executive board meeting and it will not surprise you to hear that one of the major topics under discussion today and tomorrow is in fact domestic violence and the work the association has been doing this fall. >> please proceed with your testimony. and the testimony -- >> i will attempt to be brief. >> you don't need to be. that time is mine. you have your full five minutes. >> this fall the players association has been working with major league baseball to examine our current program addressing domestic violence which covers players in light of recent events. we have ben considering how it needs to be modified for the entire baseball family based on accountability, consequences, and fairness. back in 2011 the players association and major league baseball negotiated and implemented a policy that addresses offfield violent conduct including domestic violence both therapeutic and discipline. with respect to the first, under our joint treatment program we utilize medical professionals all around the country to design therapeutic treatments for players who are charged with domestic violence related crimes. based on our understanding of domestic violence we had moved away from a one size fits all approach in favor of individualized. with respect to discipline, as mr. tor re described the commission gives the club authorities do discipline a player. under the collective bargaining agreement a player may be disciplined for just cause for any conduct materially detrimental or materially predge additional to the best interests of baseball including any conduct that violates any federal state or local law. it is critically important from the association's point of view that discipline be imposed for just cause and be subject to review before a neutral arbitrator. in addition to the program just described the association maintains its own clinical psychiatrist on staff. he is well known and frequently meets with players on a confidential basis to address mental health issues as they arise and that might lead to violence. this part of the association's program reflects its belief that the most effective treatment is that what happens before violence can occur. in sum, our current program involves under which our current program a player may be disciplined, undergo treatment developed by licensed professionals and may seek help through our clinical psychiatrist. we recognize more can be done so this fall we've begun a dialogue about improvements to our program that includes an enhanced public relations program to promote the understanding and eradication of domestic violence in our society, second, an improved education and therapeutic program for major league baseball players and their families so the potential issues can be addressed in an appropriate confidential manner before violence occurs and so that all are aware of resource that is can provide assistance and prevent harm. and third possible changes to the existing disciplinary structure for domestic violence offenses. like many organizations, we have devoted an extraordinary amount of time and effort consulting with a wide range of experts in the domestic violence area. we have learned there's no one simple solution, no one easy answer but we hope that by working with the experts and gathering their recommendations we can develop a more effective program for all of baseball and become a credible voice in the ongoing national dialogue about how to end domestic violence. mr. chairman, thank you for this opportunity. i'm happy to answer any questions you might have. >> thank you very much. ms. kathleen barnse, executive vice president social responsibility and player programs the national basketball association. please proceed. >> thank you, mr. chairman, senator thune and members of the committee. i appreciate your inviting us to this hearing today. my written testimony has been submitted to the committee so i will certainly try to be brief in the interest of time. we share your view, however, that a hearing like this is certainly helpful and expect that it will generate not only thought but action and that can certainly help all of us at this table. i am the n.b.a.'s executive vice president for programs and i oversee oversee all of our programs and efforts with our players. our commissioner regrets that he is not able to be here today but he had a longstanding commitment to lead a group of n.b.a. owners and executives on a trip to india this week. like the committee and like others already have spoken we have taken a fresh look at you'll of our programs policies and educational efforts in this area over the course of the last few months and we have determined through our work especially in partnership with the players association that there is more that we can and should be doing to better educate our players and to help prevent domestic violence from occurring in the first place. we work closely with the players association on all of our educational programs for players and have determined that this year we need to do even more. we'll be doing new awareness and educational sessions with our players, with player family members, with team and league staff, to help raise awareness inspire leadership and hopefully prevent domestic violence from happening within the n.b.a. family. at the same time, we know that discipline is part of the process as well and our collective bargaining agreement allows for discretion for the commissioner but also neutral arbitration for our players. due process that we believe is fair. in the end we want to stress to this committee and to other that is we take this issue seriously. we are committed to doing all that we can to prevent it. we are committed to doing all that we can to provide firm but fair discipline when necessary. and we will continue to learn and improve in all of these areas. i am happy to answer any questions that the committee has. thank you. >> thank you very much for that. ms. roberts executive director n.b.a. players association. welcome. >> thank you. good afternoon mr. chairman. again my name is michelle roberts and i am the executive director of the national basketball players association, the labor union that represents all n.b.a. players in collective bargaining. i appreciate the committee's desire to explore the topic of domestic violence in professional sports. as a lawyer, formerly in private practice with the law firm of scaden arps my most rewarding project involved the representation of victims of domestic violence who were seeking civil spro tex orders in local courts right here in d.c. when i began work as executive director in mid september i was encouraged to learn that domestic violence is a topic that our players recognize needed to be addressed long before the events of recent months when the public's attention has turned so intently on the subject. recent events have given us an opportunity to re we also want to lead by example that this problem deserves. let me first step back though to brief describe some of the steps our players had already taken through collective bargaining and otherwise to address these issues. i do not exaggerate when i say that we began to broach this topic with our players years before they even enter the n.b.a. each june at our top 100 camp mbpa brings together the players and parents to help prepare them with the emphasis on character education and life skil development. close to 200 current n.b.a. players have attended the top 100 camp. during this weeklong program at the university of virginia campus the players work on their basketball skills but the majority of each day is sfocussed away from the court where our staff of retired players counselers, psychologists and psychiatric professionals lead large and small group discussion that is in part focus specifically on respect issues with girls and women. at this young and impressionable age we teach players that part of embracing their manhood includes treating every woman with kindness and respect. at last june's camp the boys and their parents spent a great deal of time with a very effective educator and founder of the sasha center a detroit based healing and awareness center focused on sexual assault. the education continues the moment a player enters the league with the rookie transition program, a four-day joint program between labor and management that likewise focuses on personal skills development and provides training on numerous topics related to conduct including domestic violence. in past years judge glenda hatchet has been a voice delivering graphic and powerful presentations on the effects and consequences of sexual misconduct and abuse of women. to complete the progression we not only raise awareness for our players before and upon entering the n.b.a. but we now hold a team awareness meeting designed jointly by the n.b.a. solely on used domestic violence. leading violence prevention organizations are traveling around to meet with every n.b.a. team for a session devoted solely to domestic violence awareness. these sessions supplement the year-round work done by our player program staff, a group of seven retired players who work full time for the yune antogether with the joint labor management assistance and health education praments that help players confront many of the stress related issues that can be at the root of a domestic conflict. our collective bargaining agreement itself specifically lays out various policies designed to prevent deter and punish acts of domestic violence. players are required to conduct themselves on and off the court according to the high standards of honesty, citizenship and sports manship and the commission may impose a fine or suspension for conduct that does not conform that does not comply at all times with all laws or is predge additional or detrimental to the n.b.a. i am running out of time let me nd on this final note. since i began my tenure i have determine that in addition to the mandated levels of discipline a greater focus is warrented on prevention and services to family members. at the union's expen i recently convened a group of mothers fathers spouses and significant others for an all-day session at our offices in new york. those discussions were facilitated by domestic violence expert with the d.c. coalition against domestic violence and among other things we identified as a principle need the establishment of a hot line and counseling service that will encourage not just players but family members and other interested persons to seek out help without the fear of retaliation. many people are fearful that if they speak out about the possibility or the actual occurrence of a domestic violence event they will expose themselves to public ridicule, be alienated by relatives and friends o or jeopardize a players' livelihood and put at risk their family's financial health. everyone must be comfortable that there's a man tore seek help. i will conclude my presentation and happy to answer any questions. >> jessica burman vice president and deputy general counsel of the national hockey league. welcome. >> thank you, chairman. ranking member and the members of the committee for inviting the national hockey league to testify here today regarding domestic violence in professional sports. the nhl takes seriously the issues of dopes stick violence. we believe we have an obligation to raise awareness, provide education and penalize offenders all with the hope and intention of deterg future misconduct. to that end and working with the nhlpa the dualy authorized collective bargaining representative all nhl players the league has responsibly developed implemented and enforced strict policies practices and procedures regulating the off-ice personal conduct of its players which extend to and encompass situations of domestic abuse. a core component underlying these rules and policies is of comprehensive education program which has existed for at least the last decade. the league provides annual training for our players on a variety of critical social issues and these issues have included domestic say buse. this training and education has been delivered in a number of forms and contacts and by multiple voices. those voices have included the nhl security department and medical professionals charged with administering our substance abuse and behavioral health programs a jointly administered program created by the nhl and nhlpa in 1996. they meet with players on an annual basis to discuss personal conduct issues and other things. they organize an annual rookie or yentation program and at this past year's program at two different breakout session it is issue of domestic violence was addressed as well as other personal conduct issues. we believe that by making the message clear and reinforcing them on a regular basis the players are better prepared to appreciate and manage difficult problems that they face both from a personal and professional standpoint. and as a result they will be better equipped to avoid situations that will bring harm to themselves and to their families. in addition to our work in area of education and raising awareness the collective bargaining agreement which will remain in effect until september 15, 2020 governs the terms and conditions for all players. the c.b.a. grants both the league and each of the 30 clubs the authority to enforce the rules regulating players' personal off-ice conduct this will continue to be exercised appropriately fairly and judiciously. i will just briefly go through a couple of the relevant provisions which provide the league with that authority. in our collective bargaining agreement the commissioner has broad authority to act and impose discipline when a player has been or is guilty of cond detrimental to or against the warle of the league or the game of hockey. this language has been applied by the league office to a wide array of personal conduct off-ice matters and we believe provides the league with an adequate degree of discretion and authority. the standard form employment contract which is also part of our agreement provides teams with the authority to discipline players for conduct that violates the rule that requires a player to conduct himself on and off the rink according to the highest standards of honesty, morality, fair play, and sportsmanship and to refrain from conduct detrimental to the best interest of the club, the league, and professional hockey generally. the national hockey league remains committed to the principle addressing players personal conduct problems in a meaningful way and by doing so protecting and maintaining both the integrity and good reputation of the players and our sport. -- he ot he is take to is take to -- hesitate to take action. while no trial has occurred in a recent situation and the player remains innocent until proven guilty we felt the most appropriate action is to remove the player from the ice until we satisfy ourselves with respect to what has transpired. we appreciate the opportunity to express our views here today and remain available to answer any questions that you may have. thank you. > thank you. steve fair national hockey league players association. >> i would like to say i've never lived in or been to west virginia but i've long been an admirer of the senator from west virginia and i thank you for all that you've done not just in holding this hearing but throughout your career and wish you the best. in regard to none of the executive directors other than ms. roberts being able to show up, senator thune, i would like to say that the executive director of the nhlpa who happens to have the same last name as i do wanted very much to be at this hearing. he had a longstanding commitment overseas. i believe the staff was told the hearing was next week or this morning he would have been able to attend and he would be happy to meet with you in your offices or at a future hearing. could be some advantages and disadvantages to going last like ms. barren's i'm not going to read from my prepared statement. i appreciate that you placed it in the record. it's a little too long and parts would be reptive not only what ms. bermen said but what my colleagues particularly ms. roberts and ms. sikes said on behalf of the basketball players and the baseball players. but let me just make a few points. professional athletes face extraordinary public scrutiny both on and off their field of play. they are often thrust into the public spotlight at a very young age with pressures few people ever experience during their lifetime. many expect the players to be role models but in most cases their background and training in high performance athletics has done very little to assist them. in light of this we have worked diligently with the nhl to develop procedures policies and programs to help these young men and their families deal with these pressures. we believe our efforts have met with some success but it is a never ending project. it starts with education. we stress education for our players beginning at a young age as ms. bermen indicated much is done through the program in which services are available to all players and to all who could be involved in a situation involving domestic violence that includes families, girl freppeds and i did ask staff if it was appropriate to say that word trained medical professionals are available for counseling and other services on a 24-hour basis. we also have our rookie orienttation program which has been in place for two years now. it was initiated by the players association along with the league. it is based on a model used by mnlb and as you may know the director worked as the executive director of the mlbpa for many years. we stress education and training on many subjects including domestic violence. on the subject of discipline the cba does give commissioner power to discipline for what we call off-ice conduct. obviously that would include situations involving domestic violence. under the cba such discipline is eventually reviewable to a neutral arbitrator. the arbitrator is asked to review among other things whether the discipline imposed by the commissioner for off-ice conduct was supported by substantial evidence and profrgs gnat to the graft of the offense. this right to appeal should encourage the fair and consistent application of disciplinary policies and of results that can withstand objective group scrutiny. the fact that the arbitrator is independent, that is not an employee of the nfs or a representative of the nhl adds considerable credibility and strengthens the perception that any penalties imposed are just. i should add as i said in my statement that discipline in this area can be complex particularly when there is interplay between potential criminal charges or actual krge charges and disciplinary proceedings in the workplace. finally, as commissioner said last week in a letter to the house committee, there have been very few incidents that have come to light in recent years involving nhl player and domestic violence and i do not say that to minimize or downplay the issue because obviously it is a very important issue and even if there is one it is one too many and we need to continue to work until they are none. there are none. thank you for holding this hearing. and i look forward to answering your questions. > thank you very much. it is very, very difficult if the leadership holds votes at 4:00 for us to have a reasonable hearing. and so i am trying with everything i can to get them to postpone those votes for at least a half hour so that all members have a chance to speak and ask questions. it is much too important a hearing to let a couple of votes get in the way of it. senator thune. r. vinson, as we discussed last friday former federal judge who heard ray rice's appeal of his suspension ruled that mr. rice had not misled n.f.l. commissioner about his confrontation with his fiance and in her 17-page opinion the judge discusses the prediscipline meeting between ray rice and roger stating that at the time of the june 16 meeting the n.f.l. also knew that there was a camera inside the elevator and thought it was likely that there was a video from the camera. various sources including n.f.l. security had reported the existence of such a video. rice had received this video in discovery during his criminal case but the n.f.l. never asked rice for the second video. that's from the judge. so the question is how did the commissioner not know that there was a second video inside the elevator at the time of the june 16 meeting with mr. rice? >> senator i would like to begin with judge jones' decision and her opinion letter. i thought it made it very clear the commissioner first imposing discipline and then comic back and imposing discipline again, that was a deficiency in our system. but as we read through her opinion letter i think she made it obvious. if the commissioner had imposed severe -- more severe discipline on the onset it would have made it very difficult for her to rule any differently. we have learned i think the demigser has acknowledged those mistakes. we have acknowledged those mistakes. this is all part of our evaluation as we look at the new personal conduct policy. we failed. the commissioner failed to impose the proper discipline. in the ray rice case in the very beginning. but the question as to whether or not the second video -- how did you not know that? i assume that it was there. ray rice has it. >> senator, the first video, heartless, gutless, despicable. i don't think there was a need for a second video to impose a proper discipline. we failed in that particular area. the commissioner has acknowledged that our office has acknowledged that. we made a critical mistake >> so what efforts is the n.f.l. make sog in the future all the relevant available evidence is there before making a decision on whether and how to punish a player that's involved in a domestic violence or sexual assault case? >> well, i would begin senator with stating having the right people at the table, having the right voices to evaluate, to potentially investigate these horrific crimes. we know now that the right people weren't at the table listening to our experts across the country we've learned that the right voices, the right discipline, the right process was not in place. we've learned from those mistakes. we've begun implementing at least at minimum having the right people, the right discussion, the right system, one, by protecting the victims. first, and survivors. and then secondly working towards a fair process but a firm discipline. >> when might we expect the muller investigation to conclude? >> we're expected that at any time. we've all been put on notice in our office as mr. mueller gives us a call or he wants to speak to be cooperative. but we're hoping that that ends -- and we're expecting that report to come to some closure shortly. >> will that be a public report that will detail the results of that investigation? >> i believe so. >> i just want to ask a question and this would be of the players association reps and i will try in the interest of time to give other people to ask questions to keep this very short so if you can answer yes or no. but a lot of the focus has been on finding the right penalty for domestic violence. would you agree that it is at its core the solution will require athletes to take responsibility for their own conduct and use the same self-discipline that has allowed them to excel at sports to renounce and end this ugly violence? to the player responsibility? >> i would say that it is a multifaceted approach which includes personal accountability. but i do believe it also includes education, counseling, and some of the other efforts that ms. roberts specifically spoke about. particularly before players come into the league. we certainly acknowledge that accountability for your own actions is important and significant. but we do have to acknowledge that players, they are sons, brothers, fathers, husbands, and we just have to assist in that development. >> yes or no? >> i would say accountability is a very critical part of any solution. >> ms. roberts. >> i would concur with both responses. >> i think players are and expect to be held accountable for their conduct in many ways. >> thank you. >> thank you. i'm just going to ask one question. not a second question just one so everybody gets a chance to do so and we'll have a second round if we're so lucky. this is directed to ms. barren and ms. roberts. the n.b.a.'s policy on domestic violence is a minimum ten-game suspension for felony violent acts. as i understand the policy, the league does not impose penalties when there is no conviction. that becomes important. but many domestic violence cases do not result in conviction because of some of the factors we've already discussed the culture of silence and all the rest of it. people withdraw, don't press, whatever. too often victims don't cooperate with law enforcement for a variety of reasons so the charges are mysteriously dropped or defendants will plead no contest. when i hear no contest, red lights go off in all directions but this has a very different effect. in the last two years i'm aware of six n.b.a. players who have been charged with domestic violence but the league did not impose any penalties because there have been no convictions. so my question to ms. barnse and ms. roberts, are you prepared to develop uniform policies that will address conduct by players who have been charged with domestic violence but there are no convictions? >> mr. chairman, i think we -- as i submitted to the committee an opinion that the commissioner released about two weeks ago relating to the suspension of one of our players. in that the commissioner acknowledged that we needed to do more in this issue in terms of discipline going forward. both in terms of our due process and not really relying on the criminal justice system. one of the things that we've learned from our experts is that -- and a number of the members talked about it certainly senator mccaskle mentioned it that domestic violence for too long has gone both underreported, underprosecuted and undersentenced. and we are committed to making sure that we are not just relying on the criminal justice system going forward and that we are independently investigating charges that might be brought against the player and as such are making sure that the commissioner who does have discretion beyond the ten games that you mentioned in the collective bargaining agreement does have discretion beyond that to impose a suspension that is longer as we did in the recent case of jeff taylor. so that is our plan going forward that we will be doing independent investigations ensuring due process for our players and making sure that the suspensions are firm but fair. >> ms. roberts. >> i would add, senator that in the existing c.b.a. there is in fact language that allows the commissioner even in the absence of a convision fvicks if there is a reasonable bavings to include the player has been engaged in violence counseling can be ordered and there's the basis to impose discipline. so it's quote/unquote in there. having said that i agree we are continuing to have discussions about ways to tweak and improve our system to the extent that any absence of sufficient transparency about there being the ability to impose fair discipline. >> so you're both indicate to me that you're moving away from the necessity for conviction before action can be taken. >> what i'm suggesting is that as i say there is language that does permit, if there's a reasonable basis to conclude that a player has engaged in violent conduct including domestic violence subject to an investigation by a commissioner. if that's substantiated there is ability to exact a punishment. >> thank you. senator he willer. >> thank you forholding h hearing also to our witnesses thank you for taking time. ms. patterson most of my questions lbt directed towards you. yesterday the "washington post" reported that the n.f.l. and players association are still add odds regarding changes to the personal conduct policy and how players discipline is handled. is that accurate? >> i would say yes. >> it is accurate? >> that's correct. >> also in the article, the union has taken the position that a player should have the right to determine whether they play or not after an incident like domestic violence or sexual assaults take place. is that also accurate? >> i wouldn't say that's accurate generally. >> can you be more specific? >> well, it's hard with the hypothetical. >> i'm taking the article. is it true that the union's position is that a player should determine for themselves under certain incidents like domestic violence or sexual assault take place to determine for themselves whether or not they should play? >> no, i would not say that's accurate. >> what is accurate? >> that we have -- we want to have confidence in the process in terms of discipline if an incident does occur and we would like to collectively bargain with the league on how that does republican is applied. >> so you're saying that the article in the "washington post" is inaccurate? >> i'm saying the question that was posed and it sounds narrowly such because i'm not familiar with the article nor was i asked to be a part of it. but i'm saying that that part that you just asked me about is inaccurate. >> i'm trying to get to the point whether or not the players association is saying it's ok to knock out a woman with one punch on wednesday and still suit um for a team on sunday. >> absolutely not. we do not condone domestic violence. i stated that earlier and i will keep stating it. what we do is defend players and we defend the process. >> a 12 game suspension appropriate for knocking out his fiance with one punch in the ray rice case? >> i don't know that that was appropriate. what we think is inappropriate is inconsistent and unfair handling of players and their issues. >> what would be an appropriate -- you're evading the question. what would be an appropriate suspension for an individual that knocks out his wife? >> i apologize for appearing to alewd the question but i say the union is not in the business of applying discipline we're in the business of representing our membership to the full extent of their rights both under the law and under the collective bargaining agreement. >> i would respectfully disagree you're either for stopping abuse or you're not. >> but i'm not suggesting that we're conducting any misconduct. >> let me ask you this question. do you believe sexual assault domestic violence child abuse are far more important than the union's issues with collective bargaining? >> i would agree that they're far more important but that's outside the scope of what we're talking about in terms of labor. i agree that societal issues are more important. yes. >> mr. chairman i have no more questions. >> you've done a very good job on the ones you've asked. senator klobuchar. >> thank you very much. i grew up with professional sports. we actually i think i'm the only senator up here that has all four teams in these leagues in their state. not competitive. but and my dad as many of you may know was a sports writer and then became a general columnist and i literally would get tickets he would get an extra ticket to the n.f.l. game and i would watch when i was 12 years old and stand outside the locker room and wait for him and he would be the last one out and there would be some rather ineeb rated fans and he is only five-six but they would tap him on the back and say great game. and he would always say it was a team effort. and i always have looked at sports that way. and i look at it from another way and that is a prosecutor for eight years knowing what it's like when our office took on a very difficult case against the late curby bucket who is an ike on in our state we did not win that case but i could understand that culture and how difficult it is to win those cases in the court of law so i appreciate the questions that were asked about discipline beyond the courtroom. i also understand what it is like to take on domestic violence cases. mr. vincent in our office we had a poster outside of my door and it was a woman with a band aid on her nose and she would holding a little boy and the words under the poster said beat your wife and it's your kid that will go to jail. and i so appreciated your personal story and your willingness to stop that cycle of violence in your own life. i know how difficult that is so thank you very much. my question is really about how to make sure that these criminal cases move forward. i was disturbed by reports in the "new york times" in the "washington post" that leagues or teams may be discouraging women that come forward to them wives or partners of players from going forward to law enforcement. the only way you stop this cycle is not only what i hope you are all doing now with your new approach to these issues as having tough penalties but i also think you have to make sure that people are not discouraged from going forward. so i would just like to ask this question of the four league representatives that are here and that is, that do your teams ever discourage people that come to them, the owners or the coaches from going forward with domestic violence cases 20 law enforcement? and do you have a policy in place and can you control these owners or coaches from doing that to make sure that going forward that this does not happen again? i would start with you mr. vincent. >> senator we hope that doesn't occur. and that is the culture that we have to break. that's the cycle that we have to break as we look at implementing our new policy. we talk about we've been talking about personal accountability. we've also been talking extensively about club accountability. we want to make sure that the victims and survivors actually have the proper support that these women, these children, that we can break that silence. that they have a place, that they can go to, they have support confidentially that they're safe when they go home. we've embedded ourselves with our critical response teams and making sure the local support is in place but for -- >> i have a very focused question about not stopping people from going forth to law enforcement. not discouraging them from going -- from discouraging them. is there a way to control the coaches and the team owners by saying you cannot do that? if someone comes forward you have to encourage them to go to law enforcement? >> yes, ma'am. in part of our education that's part of what we're educating on. >> thank you very much. >> yes. senator. i whole heartedly agree with you on not discouraging the victims from coming forward. because that would be the worst thing that could happen. and i hope it doesn't happen in our sport because i know winning games are very important but to me being a good human being certainly surpasses that. >> is there a policy in place? >> well, we are discussing with the players association. >> but why would the players association influence whether or not you tell someone to not go forward to law enforcement? >> i misunderstand that. >> i don't think that's a anything shabble issue. >> our -- negotiable issue. >> our teams -- we have meetings and at -- and i speak to every manager and it's about doing thing it is right way. certainly bolingbrook a human being is much more important. rsh i appreciate that. i just think you've got to think of this different than the collective bargaining issue. >> no question. >> going forward with a criminal investigation. >> senator, yes. we in fact as part of our education efforts doing enhanced training for our team staff. and one of the things that we're making very clear is not only are we saying not to discourage but we're encouraging and making sure that the teams are being proactive in the space and our first line is support victims first. and we're making that clear. >> ms. bermen. >> i'm unaware of any discouragement. and to the contrary we have a system in place where the nhl centralized security department has contacted every local team where if something like that was going on i would hope we would be hearing about it because it would violate league policy. > thank you. >> senator shats. -- in order of appearance. > i defer to senator mccaskle. >> i think i peat you in the room. first, let me correct the record on the n.b.a. questions about punishment. i've looked at the articles and the sections on counseling for violent misconduct. let me make sure the record is clear. the most a commissioner can do for violence without a conviction is counseling. isn't that correct ms. barren? >> no, senator. i'm sorry that's not correct. >> so what can the commissioner do besides counseling if there's not a conviction? >> the commissioner has discorrection under our bargaining agreement which is the discretion that he used in the suspeng of jeff taylor most recently and -- that discretion -- hat -- the language is refers to the notion that conduct that is detrimental to the league is not necessarily related to a voylation or conviction. >> thank you. i also handled domestic violence cases for many years started the first domestic violence unit in kansas city. and when i began that unit in the 90s the detextives told me we really can't do these cases because victims won't come forward. they refuse to testify. so why are you doing this? why are you making us go through the motions of trying to prosecute domestic violence? and i said we had better shut down the homicide unit. we don't have victims in homicide cases. but we manage to put a case together. based on an investigation as to what occurred. based on witnesses testimony who witnessed the event. based on physical evidence. based on 911 calls. and i point this out because i think one of the biggest problems you all have writ large is this notion that you all can stit back and wait to see if there is in fact a criminal prosecution and conviction. and i think you all know fundamentally the pressure that is brought to bear on that victim from the moment an arrest is made or from the moment the team finds out, because many times you all know you have a lot of off-duty police officers that are huge fans and they work for you all. and when they find out one of your guises are in trouble -- i know this for a fact because when i was a prosecutor i got the call that chris carter was involved in something in westport a big famous chief player and i immediately heard from the team about what i should and shouldn't do with chris carter. before i had even heard from the police department i heard from the team. so what we really have to do here is look to see what you are doing independently to investigate these cases. and independently determine what the facts are. because that's how the n.f.l. got in trouble mr. vincent is you didn't see it roger gid el didn't see it as his responsibility to ask the question is there another tape and i need to see it before we do punishment? there was not a process in place. and let me just give you one example. and i think we should say for the record that major league baseball commissioner bud seal yig has never sanctioned a player for domestic violence never in 22 years. now, teams have. but at the commissioner level that has never occurred. and i want to go to one example. francisco rodriguez. and this is based on -- by the way, i found all this just googling around on my ipad last night preparing for this hearing. this wasn't prepared by my staff. anybody could do this just look into rodriguez's record that is written in print. in 2005, based on sworn court testimony, he put a young lady by the name of diane pena, he hit her so hard that she was hospitalized in venezuela. he then convinced her to move to the united states with him and in 2010 he assaulted her father at the mets stadium pulling him out of the family lounge. at the time carlos bell tran said this is bad. we all have problems at home but you need to keep it at home. he was prosecuted for that. and during the prosecution of that he had an order of protection not to contact the young lady or her father. he violated those orders of protection. this is in 2010. violated those orders of protection, with was convicted of the assault of her father and given one-year anger management. he then goes on to milwaukee brewers and in 2012 he is arrested, a 911 call at 2:40 in the morning and his girlfriend is huddled in a closet at their home and tells everyone what has occurred -- excuse me, that's my phone. tells everyone what has occurred. they arrest him. she has -- there's staff there at the home who is also from venezuela. so what happens? the case is not prosecuted because guess where the victim and the housekeeper went. to venezuela. he then becomes a free agent and guess where he is back in 2014? he is back in milwaukee pitching and pitches in the all-star game. and nothing has ever happened to him in terms of baseball. now, i know i've taken all my time but i wanted to get that story out there. and what i would like for the record -- and i'm going to stick around for another round if the chairman is willing to do it because i want to know from each of you how serious is your league about an independent investigation into the facts or how content are you to sit back and go, well, maybe she won't go through with it? maybe she won't come forward? and if there's not a conviction, we're off the hook. thank you, mr. chairman. >> thank you, senator mccaskle. senator shats. the votes started you think at :10. >> my question is fror mr. vincent. we know commissioner gid el recently changed the domestic violence policy to require a six-game suspension for first offenses. we also know that after he changed that policy mr. gid el personally called ray rice. what was the content of that conversation? >> i wasn't aware of him calling mr. rice. >> well, this has been widely reported and my understanding is that it was to reassure him that this would be applied prospectively rather than retro actively. and you're not aware of this? >> no, sir. >> ok. well, i would like to offer you these questions and you can get back to the committee because my question for you is about that is, is this normal? does the league consider this appropriate? does the commissioner as a general proposition interact directly with players who are subject to disciplinary proceedings? or was this a one-off? and i think it goes to the culture that senator heller spoke of in his opening statement which is get the player back on the field. your financial incentives are aligned towards getting the player back on the field. and i found it odd and i found nothing in your policies and procedures that would indicate that it was appropriate for the commissioner of the football league to call an individual player to reassure him that everything was just fine. >> senator, i will investigate that and get any information back to you. >> thank you. the nfl's handling of domestic violence is illogical in my opinion, especially when you look at the strict treatment of athlete who is violate the drug policy. take josh gordon. mr. gordon was suspended for an entire season for testing positive for marijuana during the off season. this imbalanced treatment happens all the time. espn analyzed cases of players found guilty of domestic violence between 2000 and 2014. the analysis showed in 88% of the cases the nfl suspended players for only one game or not at all for domestic violence while in comparison an 82% of substance abuse cases the nfl handed out suspensions of four games or more. does the league consider that to be an inconsistency that has to be corrected? >> yes, sir, senator, and that's one of the things we have been looking at, have been evaluated. i think now our staffers, the commissioner, when you learn the complexities and the severity of child abuse, domestic violence and sexual assault, we felt we failed in that area to punish, to hold one accountable. i know recently in the players association most recent proposal, and this is one of the complexities that we have, when is it the appropriate time to take someone off the field. the most recent proposal said you need a conviction. we strongly disagree with that. we disagree there needs to be a felony or conviction to remove someone off the field. >> where are the owners in all of this? we have sort of touched upon this issue, but in particular with the nfl, a lot of the leverage is with the individual teams and the difficulty is within the individual teams and the teams aren't represented, if i'm not mistaken, at this table. i'm wondering what leverage you think the nfl can exercise with respect to its interactions with the owners because certainly in the ray rice case, the problem was system wide, but it was in particular with the baltimore ravens as an organization, and i'm wondering how those interactions are going. others are referring to the collective bargaining process. that's part of it, but really a lot of the challenges that the financial incentives of the owners are to get the player back on the field and figure that the fans will forgive them in the end. >> yes, and our last two owners meetings, we have one coming in the next two weeks, it's been the focus of our discussion, some uniformity to make sure we are consistent with penalty process and how we see. >> so what leverage are you prepared to exercise in your actions with the owners because i understand that by revenue rgs the owners are bigger than the league, and i'm wondering what you're prepared to do to try to get the owners to participate in this new system of accountability. >> we're looking at all options. one of the things when we start talking about club accountability, maybe the removal of draft picks. you have to do things to really hit the club, to hold the clubs accountable, but all things are on the table. we're making sure everyone is held accountable, the player, the staff, local law enforcement working with the team as well as the clubs themselves. >> thank you very much. >> i'm going to go vote. it has not been called yet. who's next? senator walsh. founded a your wife -- two educate young people. proactive approaches to end inging the cycle of domestic violence like your foundation are critical so thank you for taking that on. can you tell us about the experience with your foundation and what strategy have you found to be most effective in preventing domestic violence before it starts and what can be incorporated from your foundation into the leagues? >> i just feel our safe at home foundation when we first started the foundation we were deciding on which way to approach. because growing up in that environment, i really didn't find out until later on in life that a lot of my insecurities came from what was going on in my home when my dad was abusing my mom. and having been a child growing up that way, i was lucky, i got to play baseball so i had a place to hide. not a lot of youngsters are that lucky. i went to a middle school to start talking to youngsters not about baseball, i said we'll talk about baseball in a minute, but i want to explain this camera crew behind me because we were going to have our first gala. in speaking to the youngsters about what was going on in my home, i looked out there and six or seven of them are shake inging their heads like this. in other words, we struck a nerve. so the most important thing is we have a level of counsel in our rooms. we named it after my mom. what we do is let the kids know that first of all it's not their fault and they are not the only ones going through this. i was embarrassed to share it with anybody. and we have had a number -- as i said earlier, close to 50,000 youngsters that have come through our programs. we have pure leadership programs, we just don't reach enough kids. that's our issue for me. i don't believe they are bad kids. i think kids do bad things. and just from my experience with the attorney generals task force going around and listening to so many different gang members, tribal communities, you realize how many layers of domestic violence, or violence period, that there are and what we try to do with these youngsters that come through our program is to make them think that their future and make them understand their future is out there. it's not like when they leave school and they are sort of helpless just go with the first strong personality they see. we educate them to the point of making them feel pretty good about themselves. >> thank you, senator. >> thank you, mr. chairman. one thing i wanted to note up front is that all of you are here, we're appreciative you're here today testifying, but commissioner goodell, commissioner silver, commissioner betman, they were all asked to be here and leadership does start at the top. and i do think that it's pretty convenient that none of them were able to appear today. and it does say something about where does the level of commitment come? because i think they should all be here today, and while i'm appreciative that you have been willing to appear in their stead, i think it does say something about how big a commitment is there going to be on this and that does need to lead to the owners as well who have to take responsibility for what happens here. i want to associate myself with the statements from senator mccaskill. you need to establish an investigative process for these cases that do not result in criminal conviction. and this is imperative because you have to hold yourselves to a higher standard and the bottom line is that in many of these cases, victims are not going to come forward because of the financial pressure that they face, the social pressure that they face and the terror that they face. but that does not alleviate your responsibility to get the facts, to look at the evidence, and to still impose discipline even if a victim is too terrified to come forward. in the same regard, i wanted to follow up on senator's questions on those discouraged not to come forward. senator mccass sill said one was flown to another country. i believe that as you look at your policies, the sanctions should be as severe for this type of witness tampering as it should be for the underlying violent acts. because that's what this is, witness tampering. and that, if you put those sanctions in place, will make very clear that if someone is a victim of sexual violence that neither the coaches nor the players, nor anyone else should be interfering with their ability to come forward or sbeer -- or interfering with the way they need to feel safe. i wanted to ask specifically a follow-up question on an issue. as i look to you, ms. roberts and ms. patterson, one of the things i'm concerned about as i listen listened to the testimony today that in terms of the players side of this, that they not hide behind the collective bargaining process or agreement when it comes to basic responsibility for not committing crimes. because this is what they are, crimes. crimes of violence against women, sexual violence against women or as we have seen in some instances violence against children. i want to use an example, ms.hef the imposition of discipline against jeff taylor on the charlotte hornets player. i understand he received 24-game suspension for a conviction for domestic violence for beating a girlfriend. and what i saw was the union's complaint that that suspension was excessive. as i understand it, the player himself has accepted this suspension. i have to say your response or the union's response to say that this was excessive, to me, highlights the problem that we're facing. and it's disgusting to me that you would say that that's excessive. i want you to address that. what do we do in those situations? why do you believe that was excessive? and if we're going to get at this issue, this has to be the players' and the responsibility of the officials in the league and the owners and everyone has to have a hand at this. so i'd like to know what you were thinking or not you particularly, but the union. >> i'm happy to answer your question. let me be clear. the players association was not for one second suggesting that some punishment was not warranted. of course, it was warranted and we expected the commissioner to impose punishment and he did. our position was simply that we have a cba, and we have a disagreement about this, that had precedent to indicate that was an excessive punishment. the commissioner when he imposed the punishment acknowledged it was a significant departure from prior punishments. so again, our position was that the cba required us to collectively bargain if there was going to be imposition of punishment that belined the cba. having said that, the player was never discouraged from accepting responsibility. it was his right to grieve or not to grieve. he chose not to grieve. i said to him to his face and behind his back and i'll say it again, we absolutely endorse his decision to take responsibility for what he did and the matter has been closed. my only point, senator, is this. while we all agree, and we do all agree, that this is very serious business, and we need to take it seriously, we don't believe that we need to, at the same time, abandon due process. and that's the only point. that doesn't mean 24 games may not be appropriate. it meant within the cba, it did it did go beyond the scope of what we collectively bargained for. i don't want you, senator, or anyone to assume that the national basketball players association does not take this seriously. we do. i have spent the last two weeks visiting with 9 of my 30 teams. i intend to see the rest of them in the next few months. i make clear to them that we will not tolerate this kind of conduct. it's not the nfl problem. it's our problem as well. i don't want our position on the jeff taylor matter to confuse our commitment to making sure that this thing goes away. my final point is this. >> i'm sorry, your time is over. >> then i guess i won't. >> senator blumenthal is next. i'm going to go vote. i'll be back and let's just work it out. we have to keep it going. >> thank you, mr. chairman, and thank you for having this hearing. i want to join in expressing my admiration for your proceeding in spite of the obstacles that have been raised. we have some sports heroes here and we have some professional legal heroes and i am grateful to each of you for coming to talk to us today. but i want to talk about the people who are not here, the owners. and in a certain sense, they are the bosses. they are going to be the ones who make the ultimate decision. let's just talk the realities here and the financial reality is that words and promises are a lot more difficult than action. and i'm looking for a way to impose accountability beyond a hearing, beyond negotiations and accountability that means something in dollars and cents. right now, the professional leagues represented here are not only the object of public scrutiny, they are the beneficiary of huge benefits in the form of tax breaks, subsidies for teams and stadiums, as well as chief among them, the antitrust exemption. today i am proposing that we end the blank check to the leagues, the antitrust exemption that has enabled the leagues to successfully negotiate together as no other corporations in the united states would be permitted to do under an antitrust law, for literally billions of dollars. that antitrust exemption should be contingent on doing the right thing, really acting, not only talking about acting, but doing it. by acting, i mean investigating comprehensively and aggressively aggressively, imposing sanctions as a consequence of that investigation, adopting a due process that has been so sorely lacking and mr. vincent is the reason why the league was so embarrassed because there was no process and maybe most important looking forward and really it hasn't been mentioned here, aid to the organizations and groups that provide assistance to the survivors and victims of domestic violence within your leagues, in your families and across the united states. i want to thank mr. torrey for his example, because i think men have a vital role, which is the reason why your players can be such role models, such positive role models for others and why the leagues can be such positive role models in providing tangible financial assistance, which you have not yet done for all the talk here to the advocacy groups and organizations that are so pivotal in fighting dmes you can -- in the fighting domestic violence. so i'm asking for a commitment that you will support this accountability and that you will support the groups that assist victims and survivors. in the interest of time, i'm just going to ask is there anyone here who would not make that commitment? by the absence of a response, i'm going to assume that you would agree with me that that kind of commitment is important and necessary. you've begun doing it, but i'm not asking you to continue what you have done, but for a substantial increase in that assistance to the hot lines and the shelters and all the service groups, and i hope that you will all join in that commitment. let me ask, mr. vincent, what is the time line for you for the league to adopt a process for imposing punishment within the nfl? >> the commissioner had stated in his earlier press conference that he would like to have a new policy in place by the super bowl. that would be the latest. >> and what is the process that will provide for owners to approve that process? >> next week we actually have our owners meeting where we will begin to talk about some of the things that we have learned. we heard much about the process, accountability, so we're hoping to have within the next two weeks a real clarity and a position on where we are as far as a firm process, a consistent and clear process moving forward. >> the bill that i have proposed would sunset ts professional sports league antitrust agreements under the 1961 sports broadcasting act and the comparable provisions for the mlb one year after the bill's enactment. it would authorize a commission to congress regarding the league's behavior and it would allow congress to reauthorize exemptions every five years based in, in part, on commit -- on commitments to aid public service organizations. how much is the nfl willing to commit to aid those organizations? >> well, we have made substantial commitments. we made five years to the domestic violence hot line. >> what is the amount of those commitments? >> i think it's $4 to $5 million a year. >> you have made a commitment to the -- >> national domestic violence hot line. >> would you be willing to make commitments of the same or comparable size to other organizations that do similar kinds of work? >> i cannot make that commitment today. >> who can make that commitment? >> i want to make sure we're trying to get the rest of the members in, so your time is expired. >> who can make that commitment? >> that's something we discuss with our entire team. who are those leading organizations, the organizations at grass root level that need the support to support our families, to support nfl personnel. so that's a collective decision that was made for us to support the national domestic violence hot line and the national sexual assault resource center. >> thank you very much. >> senator booker? >> i just want to thank the ranking member for saying we should be revisiting this after the new year when i assume you'll be chairperson. the issue of accountability keeps coming up only can be held by this body should we have the chance to revisit this and see the progress that's going to be made. i'm going to go quickly. you obviously mr. vincent are saying that you're seeking to help fund and a lot of the charity you numerated in your opening statement was about funding and supporting prevention, treatment, and the like. and that's true you see those organizations often need more resources spp that correct? -- often it needed more resources, is that correct? >> yes, sir. >> real quick, the major league baseball does not have a tax exempt status, is that correct? >> the actual league. >> right. >> does that hurt your financial bottom line? >> i don't think so. >> and so i don't think so either. >> i think we're doing well. >> the congressional budget office says if we remove those teams, those leagues unlike major league baseball, there's a number of leagues including the nfl that have a tax exempt status. the budget office says if we prove that status it would yield millions of dollars a year annually back to taxpayers. and so my question is o to you, understanding that these organizations need more funding, why does the nfl need a tax exempt status when we could be redirecting the money to domestic violence prevention programs? >> what i would say, let me make it clear. >> you don't have to numerate that. i'm familiar with individual teams revenues. i'm asking you right now, i have to justify to my constituents why the nfl is multibillion dollar organization has tax exempt status. do you believe that unlike -- that just like the major league baseball, do you believe you should have tax exempt status? >> we're ran just like a trade association, very similar. >> so you think you should continue to enjoy a tax exempt status? >> it's not to enjoy. today that's how we're currently ran. our clubs, again, all revenues taxed. senator, i saw your proposal. and i do believe that when we combine both public and private resources, we could fund some of the things in your proposal. this is how we both collectively, privately and public resources, we can make a difference in the yarp of domestic violence, sexual assault and child abuse. >> i appreciate that and the charity. my simple point is our professional leagues that enjoy as the senator just said, exemptions to a lot of laws and enjoy tax exempt status should not enjoy a tax exempt status. where that money that the congressional budget office could save taxpayers millions of dollars annually. that could be used to invest in programs that we have to rely on the charity of the nfl. i don't think that's adequate. let me shift gears real quick. i feel very fortunate having played college football to have a lot of friends that have played in the nfl, played in the nba, and some friends that are still in the nfl and nba. and i have been described to me that resources is dazzle ling -- is dazzling when they let the players know we're here for you. if you're stuck at a club and can't get a ride, the nfl is there for you. you can call. and the nba, this i know. thank you for shaking your head. and so one of concerns i have when it comes to calling that team for issues of domestic violence that often the incentive, from my experience and what i know about my friends that are players, and i only know the nba and nfl players, that the objective is to keep that player out of the news, to keep issues quiet and to me that works against ultimately what the goal is when it comes to domestic violence which is bringing light and attention to a problem. as opposed to creating an environment where it's swept under the rug. one of the big concerns i have is this rapid response that clearly we see that i know about personally that the response doesn't have two different objectives that are contrary to actually dealing with the problem that might be encountered. and i just like in the second that i have left, if you could give me assurances that what i know to be the case from friends who have played and are playing in the nfl and nba, that this system will be changed in way that puts the victim's needs and concerns ahead of that player's ability to remain on the field and the corporate interests that exist to keep that player being productive. i'd like both nba and nfl representatives to do so and i'm done. >> that is at the core of what we're talking about, what we have been evaluating is to make sure the victims and survivors have the support that they need. we recognize that we have to break the culture of silence. the programs that you mention, the last four years, that was my sole responsibility. player programs and services. it's a shared responsibility. those programs are put in place in collaboration with the players association to assist families. we want to encourage the families to seek out proper help, proper assistance. i can assure you moving forward in the area of domestic violence, assault and child abuse that we want to make sure that we break that silence that the victims and survivors are safe. >> i'll make the same assurance. part of our training and education program that we're rolling out with our teams and have shared at the highest levels is to make sure that this is not something that is discouraged but encouraged both for people to get help, but also to report behavior that's in violation of certainly of any criminal law and any violation of the nba's codes of conduct. >> and just return to the chair, that's the accountability we need to make sure these systems are changing. i think it's ridiculous that the nfl and other sports teams enjoys tax exempt status. >> thank you, senator booker. thank you for emphasizing that point because i won't have time for questions. i will just submit some questions for the record, but that particular issue is of interest to me and obviously the fact that the baseball association, and basketball association don't enjoy the status and the nfl continues it. my main point is we saw this case with donald sterling. and we saw immediate and swift action. in fact, michael jordan praised the nba saying a powerful message was sent that there can be zero tolerance. it's clear that in some cases these organizations can act swiftly and do act swiftly. the question is in this issue of domestic violence why you don't. i think that what we're hearing from many of my colleagues today is what the is the culture within these organizations that prevent it from acting as swiftly as was in the case of donald sterling. so i'm going to submit some questions for the record, but i also, too, want to be on record that the nfl, i'm hearing from my constituents as i have raised this issue related to what is a very hateful name in negotiation -- in association with the nfl, but my constituents now are just flabbergasted that the nfl continues to enjoy a tax exempt status. for what purpose? and yet on these issues of having a name of hatred for a team and then having these cases of domestic violence to say nothing of the incidents of what happened with players, the nfl is not showing the leadership that i believe it should. it certainly doesn't deserve the tax exempt status. i'm going to submit questions for the record and i want to thank my colleague for her leadership on this issue. and certainly want to work with her in her role as previously understanding these issues from a perspective of how we can get some cultural issues engrained into these institutions. i want to thank you. >> i'm going to state on the record that i'm going to miss a vote. i think i would vote aye on the nominee and the record should reflect that. but i going to skip that because am the questions that need to be asked here in the long-term can have more impact on a problem that's pervasive and important than one more vote in a confirmation that's going to occur with or without my vote. i'm going to stick around. >> thank you, madame chair. thank you all for being here. i'm going to limit my comments to the national football league. all of you, domestic violence is important. i would have played in the nfl had it not been for my lack of size, speed and talent. that was my goal. i want to begin by saying, mr. vincent, i have the highest respect for you. we have a lot of friends in common. your reputation among many in league circles is high as anyone i have ever heard. i remember drafting you in 1992 and sorry to see you leave in 1995, 1996. in any event, i appreciate your service at both as a player for the nfl and now for the league. i do want to make two points about the nfl that are important and ask you this question. the nfl doesn't just play for three hours on sunday. the nfl is a 24/7 endeavor that wants americans toed a admire -- to admire and emulate the people they put on the field. the league has established a contract with one of the providers and want them to wear those headphones. this is an ongoing endeavor. it wants young people to look up to these athletes, and they do. being involved in youth football, this is very sad, but it is true in some instances. some of the only positive male role models that many young americans today have happen to be the professional athletes they'd see on sundays or at nights on television. this is a sport that's not just played three hours at a time. it has deep impacts throughout society. there are millions of young americans who look up to these players and whatever happens or does not happen with them has a deep impact on them. because, for many of them, it's the only male role model they have in their lives, that is whereand people go wrong. and that's why the ray rice case so interested me. because the situation with mr. rice involved someone that my son actually personally admired. my sons came to admire ray rice because one of my sons kind of plays a hybrid running back position. he's not the tallest kid on the team, but he's very quick. he looked for someone on the national football league who had the same attributes and that was ray rice. he really looked up to him. a few weeks ago he wanted to know why ray rice wasn't playing. and i had to explain. the impact of that was extraordinary. what happened or didn't happen with him had an impact on him and other young people across america because it served as an example of what happens in society and in life when someone does the wrong thing. that's why i'm so interested in that case. my understanding from the testimony i watched on television a few minutes ago is that you stated that the commissioner nor the league had seen the video but it didn't need to because everything that. -- everything that happened in videoevator that the shows had already been admitted to and testified to by mr. rice. is that correct? >> yes. if i can, senator, again, the commissioner had stated he had not yet seen the video and as i mentioned earlier, i think any one of us who had witnessed that saw that despicable act. >> the point is that mr. rice, whatever we saw on the video, he basically had already told the commissioner that whatever that video showed, he admitted to. is that correct? >> yes. >> so basically not having seen the video is the same as having seen it in this instance. that's what you have said here today. you didn't need to see the video because they already knew what happened. >> as i acknowledged in the beginning, we made a mistake. >> i'm trying to understand the process by which, and you may have explained this already, what is the process? i know what would have happened if he tested for marijuana. i know what would have happened if he tested positive for steroids. is this a completely arbitrary process based on how he feels or is there are a set model in place for what an action equals, an admitted action. there was not a dispute. he admitted that what he did and described it, to an extent that you didn't need to esee the need to see the video. what was the criteria used to lay out punishment? >> we failed to impose proper discipline. >> i wanted to know what is the process in place moving forward i suppose as well, but at the time, what was the process if someone came forward, admitted they punched their fiance in the face in an elevator, by what measure did the commissioner decide? why three games instead of ten? was it fully just arbitrary or was there something he looked to? >> he looked back to some of the past cases when he's actually tried to impose harsher discipline. it was appealed and knocked down. that shows the severity of what we know about these crimes. he went back and -- >> appealed to an arbitrator? >> the players association appealed that offense. the discipline that was handed out in the past was appealed and knocked down. >> so your testimony that if a player comes forward and says to the league, i just punched my fiance in the face and knocked her out and the commissioner decides to spend him for a year, the players union will file an appeal because one year is too long for someone that just punched their fiance? >> the players association has that ability. >> and they have been successful? >> that's one of our -- that's where we have our challenge. >> what's the criteria now? >> that's what we're developing. the commissioner has the ability to impose or designate an individual to see the case, to hear the case. right now understanding and learning the complexityies that are associated has been talked earlier about having internal investigations or parallel investigations with law enforcement, but we're looking at, again severe discipline, our , august 28th letter to both the owners and also the players, the commissioner spelled out very clearly, first offense, a minimum of six games. give him the ability to impose more severe punishment. >> my time is up. >> thank you very much. first, i wanted to comment. i have never seen so many women representing major league sports in this country at a moment of high profile importance for the leagues. i think it's a good thing. i think it's terrific, and i would tell all of you to go back to the organizations you represent and say that you need to be at the table more often, not less often. but i don't think i ever recall seeing this many women representing professional sports at a moment like this in our country's history, so i wanted to make note of that. i had a question to the national hockey league. in reading about the suspension of the player that occurred recently, i think he's a defenseman for the kings. i won't try to pronounce his name. i noticed in the article that the team was complaining because his salary was going to continue to count against the salary cap while he was punished. i found that interesting because it creates a financial incentive for the team to not punish. so my question to you, yes or no, does the league favor removing a salary -- counting against the salary cap during a time of suspension? >> when suspension was imposed, it was determined by the league office that the suspension should be with pay, so while the team continues to pay the player, that money counts against the team's salary cap. subsequently, we reached an agreement with the union to change the treatment for the team's perspective for a host of conditions so that it's no longer counting against the cap. >> so are you saying, and is this true with all of you that have caps, that when someone is suspended for misconduct with pay that that pay counts against the salary cap so the team is being financially punished for doing the right thing? >> this was not discipline imposed by the team, it was imposed by the league. so the team doesn't have an incentive one way or the other to act or not act. >> but the team could impose it and wouldn't it still count against their salary cap? >> only if they were choosing to pay the player during the discipline. >> ok. well, is that true with the other leagues? if someone is suspended with pay, does that count against salary caps? >> we just had our last two when we look at the adrian peterson and greg hardy, they were put on the commissioner's exempt list, the team was penalized. there's a salary cap. so the team is actually being punished because that is a cap hit. >> ok. well, i think you all ought to look at that. you need to remove every disincentive there is to punish players who have bad conduct. if a team is going to have money count against the salary cap even when the player is not playing, that's going to weigh in favor of a much shorter suspension for the team imposed discipline. i will follow up on that. do any of you have a process in place now to independently investigate the facts? >> yes, senator, i'll answer that question. as we talked about with the recent case involving the player jeffrey taylor, we immediately commenced an independent investigation, retained two outside counsel, including two former prosecutors, one of whom had extensive history in dealing with the kmooesic violence. >> nhl, do you have an independent? >> under the cba, we do. >> your own investigators? they are pulling records, pulling 911 tapes, all of that? >> yes, we have an internal process for conducting investigations on all misconduct. >> i can't let the hearing be over. i don't know if they put you hear because they know how much all of us adore you, but as you noticed -- >> i was fired. >> that always happens after you leave, the affection resurfaces. i want to get that in as a huge cardinal fan, you were a huge part of our organization in many different ways. does mlb have an independent investigation process? >> yes, we do. it's not my department, but we do have a department of investigation. >> i would like to know what happened on the investigation on the rodriguez case. i would like to know what the outcome of that investigation was. i would like to know if they asked mr. rodriguez if he paid the plane ticket for the victim and the witness to go back to venezuela. >> i would have to get that information. >> thank you. does the nfl have its own independent investigation? >> yes, ma'am, with our internal security department. >> how many of you, yes or no, have an independent program for just wives and significant others where the players are not allowed to attend? whether it is a confidential, here are the issues you're going to face, here are phone numbers you can call if you're in financial stress, here are phone numbers you can call if you've been abused, how many of you have an independent program like that for spouses and significant others? >> we do in the nfl. >> mlb? >> some teams have them. uniformly, we don't all have them, but it's something we're developing. >> i'll have more questions on that. >> yes, i think as michelle roberts explained earlier, we in the players association have been meeting with our family organizations to determine the best way to provide resources going forward. >> you don't have an independent one now? >> no. >> some of the articles were saying, there was no place for us to go. the teams weren't reaching out to us. it was all about the players. >> our program extends to the players' families and our doctors have been accessed by -- and historically, our program doctors have been accessed by players' spouses. >> do you have an independent program for initiation into the league? an independent program for the spouse of the player? >> to the extent they exist they would exist at the team level. >> i would like to have your league look at whether there should be a policy that's required. what about mandating reporting to law enforcement? do any of you have a policy at the league level that a coach is required or an assistant, any team personnel is required that they learn of conduct by a player that is illegal in terms of a felony assault or any kind of assault that you are required to report that to law enforcement? >> yes, ma'am, we have that in place. >> so right now if a coach, if a player calls his coach and says, i was drunk, got in a fight with my wife, popped her in the face, i just left the house, she's called 911. when he calls that coach, is that coach then required to pick up the phone and call the police? >> that coach is required to do so, yes, ma'am. >> that is a coach ever failed to do that? how long have you had that policy? >> it's been in place for some time now. i can't tell you the number of years, but he is required to call. >> i would like to know how many times coaches have called. that's a question i'll have for the record. i don't have time to ask all of you that, but i will for the record. i think you get my drift. listen, i think all of you are terrific people and want to do the right thing. but you've got to understand that the status quo is not acceptable. that turning the other way and thinking that this problem is being handled by these players and their families out of the light, many, many, many families are suffering. and i think you all know that in your hearts. so i'm going to keep following up. there will be more accountability in the future and i'll have a number of questions for the record and thank you for being here. i will turn the hearing over to mr. rubio for more questions. if you finish your questions and senator rockefeller is not here, you need to recess the hearing because he is coming back? no, you can gavel out. i am going to go vote now. thank you. >> i won't keep you, but i wanted to give you the opportunity to respond. in his answer to my question outlined the role the nfl played in the past in defending players accused of domestic violence and other infractions. what's the role if a player -- i wanted to lay the groundwork in mr. rice's story. he game forward and admitted to the facts to such an extent that we have heard here today that the league didn't even need to see the video to know what happened. they learned nothing new from the video they didn't already know. in a case like that, what is the nfl's role in supporting the player or what role do they play in that process? >> first of all, the players have the option to have us in attendance if they have a meeting or conversation with the commissioner, so we support them in that way. if a player chooses to grieve or appeal after a discipline has been handed down such as in the ray rice case, we do prepare that appeal and represent the player on appeal. i think it's worth noting for the record, under the personal conduct policy, that appeal goes back to the commissioner for his review of his own decision. so that is what was different in the ray rice case because we fought for neutral arbitration. >> so when these instances in the past where mr. vincent outlined the reality that in the past -- his testimony was that the commissioner felt limited by the punishment he could apply to mr. rice because of previous instances where he had instituted a punishment and had had been successfully appealed. who are those instances successfully appealed to? or maybe you know the cases that you were referring to when you outlined that in your testimony? >> the one that comes to mind is the brandon marshal. >> the one with the instance down in south florida with his wife? >> yes, sir. and the suspension that was imposed was three games. it was appealed and knocked down to two. >> that suspension was appealed to an independent arbitrator? >> no, back to the commissioner. >> so the commissioner lowered his own decision? >> it was actually appealed -- the pa appealed it and the neutral arbitrator knocked it down to two games. >> so based on the brandon marshal incident, which as i recollect, an instance where his wife was arrested in that case because he had been stabbed in the stomach with a bottle. she was the one that was arrested in that case although the facts now have although the -- in that case, although the facts have now turned out to be something different and he has clearly stated that she was not at fault, but in that case the commissioner's punishment was three games but on appeal, the independent arbitrator lowered it to two games. >> i wasn't involved in the ray rice situation. >> ok. what is it that the nfl pa looks at when it makes these appeals? what are the grounds for an appeal. does the nfl pa have a criteria where they think that you have gone too far in punishing a player because they punch their fiance in the face? >> we don't have criteria. first we have to see what the player wants to do. if the player wants to appeal, we have a duty to do so. we represent him in that appeal and we move forward in the rice case, it wasn't a matter of the length of the suspension, it was the arbitrariness of the second suspension. we felt that mr. rice was in a double jeopardy situation because there was no new evidence that had emerged. there are different grounds in each case. i hate to say that it is case by case. >> he had already received one suspension and when the video came out and the world saw, they added an additional suspension. i understand that. if god forbid we awaken to a new ray rice type case and a player decides to appeal, at that point the nfl pa has the same obviously gagon obligations a a has the same obligations lawyer would to a client? >> that's correct. >> what we don't have is an established precedent where we know there is an appropriate suspension that is unappealable. we don't have that set yet? >> that's exactly what we're working on is a criteria and the commissioner spelled that out in his august 28 letter, a minimum with aggravating factors that would allow him to impose more harsh and severe discipline. >> i would just like to say to some of the earlier points, we would like that policy to be collectively bargained. we know what happens if a player has marijuana in his system or we know what happens basically if there is a drug policy violation and this is one of the reasons why. because neither one of us could give you criteria, that's why we need to have this bargained. >> there are players that because they have used performance enhancing drugs, in some instances, cold medicine that they took without documenting appropriately, they are suspended for more games than mr. rice was. but i do want you to know and the nfl centric nature of it, the take away from today's hearing, to be clear, i think is going be talked about in the days to come and for mr. vincent, something the league is going to have to deal with is the fact that your statement here today that the commissioner didn't need to see the video because he already knew what had happened. that is going to be problematic moving forward. i know many of my colleagues are going to be concerned about that statement as well because i think some of the perception early on was and i was under this perception that mr. rice had not been accurate and honest with the league about what he had done but in fact today the testimony has been that the league fully understood what he had done because there is nothing that we see in that video that he had not already told people about and despite that the sentence or punishment that was handed down was so limited. the league admits that the punishment was not strong enough but i do think it's going to be praboblematic. >> let me be sure that i am accurate. the commissioner stated he had not seen the second video. he acknowledged his mistakes on not handing out the proper discipline on the initial round. >> no, i understand. and i guess my point on that is your statement is he didn't need to see the video because he already knew what had happened. >> that's my opinion. and i think that's the general public's opinion. >> all right. i appreciate all of you being here today. i know it's been a long hearing. do we have a script for the comments after the question? the record will be open for two weeks. the hearing is adjourned. [captioning performed by the national captioning institute, [captions copyright national cable satellite corp. 2014] with andt, q and a compton. live at 7:00 a.m., "washington journal." >> tonight, on the communicators, the world's first digital weapon. a computer virus used to sabotage the nuclear enrichment program. thing as thisique was a virus designed to physically destroy something. in the past we have seen malware that steals passwords or credit card numbers, but never something designed to physically and have some kind of kinetic activity. that was the first thing that made it unique. other than that, it was very sophisticated. it was designed to increase and slow the speed of centrifuges. it also did this trick which was to make the operators of the plant think the operations were perfectly normal. he recorded normal activity on the computers first and a played back mean normal activity to the monitoring machines. -- at 8:00 and i :00 eastern on "the communicators." here are a few comments we have received from viewers. i want to complement c-span on being able to bring together two different ideologies like they did this morning from the cato institute and the immigration policy center. you need more programming that -- among people with people who conduct themselves with a civil tone. i applaud you for that. ideology can be overcome to reach a common ground. there should be more programming to that effect. i listen to c-span on a daily basis. it is very informative. a very good look at all of our politicians so citizens can understand who we elect and what is being done in congress because it seems congress is fighting andalways it is important citizens have an outlet for them to see the .roceedings i appreciate c-span, regardless of whether or not it is possible -- popular with mainstream culture. i am 18 and i watch a c-span on a regular basis to make sure i understand what is happening in my country because i care. american history tour, starting with the battle of horn, i just watched it. it is priceless. so many people of the world do not understand themselves, but if they watch american history, they can see themselves in america and why we are such a great and wonderful nation of all the peoples of the world. thank you. >> let us know what you think about the programs you are watching. us, or send us a tweet. join the c-span conversation, like us on facebook, follow us on twitter. q&a is 10 years old. starting december 22, we will show >> this week, our guest is ann compton. she recently retired after 40 years of covering the white house for abc news. she talks about gerald ford and barack obama and shares her personal experiences with these men and her opinions on their administrations. >> after 40 years of covering the president of the united states at the white house, who had the best and worst press operations? >> they were stable through all of them. i do think that marlin fitzwater, who was a particularly good press secretary under the george herbert walker bush administration, tended to have less good number twos and threes. the best press operation was pretty even. when barack obama became the president, they reorganized it. when you walk in from the press room where we were to the lower office, there were twice as many people and people who specialized in each issue. if i had a health question, i knew exactly where to go. if i had an immigration or national security question, the division of labor meant there were more people to reach out to and e-mail made that almost instantaneous in getting answers back. >> which administration was the hardest to get information from? >> each administration had times in which it was difficult to get information. towards the end of the carter administration, we did not have e-mail. it was handed in paper or announced over loudspeaker.

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