OFFICIAL FAVRE SEXT SCANDAL ROCKS SPORTS WORLD

[pbmax]

from ESPN

"If the NFL finds Favre violated its personal conduct policy, he could be fined or even suspended. The league's policy allows it to punish a wide range of behavior, even that which is not illegal."

To me, this is ridiculous. He's a grown up. If he wants to f___ up his marriage and his self and the women he hits on by trying to bed other women, that's his business.

The NFL has gotten too big brother for me. If a player commits a crime, well, then you have grounds for punishment. If a player violates the banned substances code, then fine.

But policing players' personal lives is wrong.

The issue for the NFL here is that whether contract or not, Stenger was working with the NFL. She had declined his advances (in the workplace) and he continued which could be construed as sexual harassment. The NFL does NOT want that floating around right after the Jets sideline debacle.

Florio (former lawyer), has opined that one of the ladies received bad advice is the husband's account is to be believed:

http://profootballtalk.nbcsports.com/2010/10/08/favre-faces-more-allegations-from-his-new-york-days/

The couple claims they contacted a lawyer regarding a potential sexual harassment case, but they were told that, because the women are contractors and not employees, they could not pursue the matter. (Maybe they should have talked to a better lawyer; the specific status a person holds in a workplace doesn't provide immunity from the sexual harassment laws. Otherwise, everyone would hire contractors and the business world would be Sterling Cooper Draper Whoremonger all over again.)

[vince]

It'll be interesting to see what comes of this, but the lawyers are opining with vigor.

http://nfl.fanhouse.com/2010/10/08/brett-favres-explicit-photos-unleash-legal-storm/?a_dgi=aolshare_twitter

Brett Favre's Explicit Photos Unleash Legal Storm

Clay Travis
FanHouse Writer

If allegations that Brett Favre sent images of his penis to then-New York Jets sideline reporter Jenn Sterger in 2008 prove true, he will face a legal storm.

Most of the issues stem from the fact that the advances were allegedly unwanted and that both were both employed by the Jets at the time.

(Whether Sterger was an independent contractor or a full-time employee isn't likely to be significant in the disposition of this issue. We could enter into an entire labor and employment seminar on the issue, or you can just trust me.) Today, the NFL announced that it is investigating Favre's actions.

Already hand-wringing has begun over whether the NFL should care if Brett Favre sent explicit photos to Jenn Sterger.

So what if he did, some nitwits are already asking. Well, I'll tell you, if he did and it can be proven that he did, the old gunslinger is in trouble. He may well face a suspension and miss actual games. These aren't two consenting adults bound only by rampant libido, and this wasn't a bar pick-up gone awry. In both of those situations, I'd agree with you. The NFL, the Jets and the media wouldn't have much reason to pry into the details of what went down. But since Favre and Sterger were de facto employees of the Jets, this situation needs to be investigated.

And that investigation is going to be difficult. I know because in my prior life as a practicing attorney I investigated dozens of sexual harassment claims on behalf of a wide-ranging collection of companies. All of these internal investigations were undertaken on behalf of the company in the wake of complaints, anonymous or on the record, filed by employees or contractors acting as employees alleging sexual harassment.

But before we go any further, let's go ahead and dismiss the column and opinion pieces you're going to read comparing Brett Favre and Tiger Woods. Other than professional athletes pursuing sex, these two cases have very little in common. Whether you were offended or not, Tiger Woods's sexual indiscretions were entirely private in nature. That is, they didn't involve his employer at all. Tiger cheated on his wife, but there wasn't anyone that had an actionable claim against he or his employer. That's why you could fairly criticize the media for pursuing this story so aggressively. Basically, Tiger was a famous person whose morals were far from pure. That sucks for his wife, but it isn't a unique story in today's society.

Favre is completely different. His indiscretions are inextricably intertwined with his sport, his league, and his team. You may hate for the media to pry into athlete's private lives, but Brett Favre's alleged acts aren't really private at all. They're actionable under the law and directly implicate football. Based on the allegations, a person in a position of power tried to take advantage of that power to encourage someone to do something that they otherwise wouldn't have done. That's a story as old as time. And given the continuing sexual fault line in our society, it's an incredibly relevant story. Indeed, ESPN's abject failure to aggressively cover this case -- contrast this with the Ines Sainz case, for instance -- represents the latest evidence, as if you needed any, of exactly how much the network is in bed with its broadcast partners and the athletes who make the network billions. Unlike Tiger Woods, this story doesn't just exist to sell magazines and provide salacious headlines. It's legit, it matters. Unlike Tiger, Brett Favre's pursuit of sex from a fellow employee goes to the very heart of our modern day sexual fault line and, potentially, offers real consequences.

Now comes the NFL investigation, a step that is already being criticized by some. That's ludicrous. The NFL, like any other organization with evidence that an employee sexually harassed another employee, is duty-bound to investigate. It would be infinitely more absurd, and potentially actionable in its own right, not to investigate. Especially in the wake of Friday night's Deadspin.com report that two anonymous women, who claim to have worked as Jets masseuses, have come forward and alleged that Favre sexually harassed them via text message.

Based upon all of the sexual harassment investigations I undertook, I can already give you an idea exactly what the NFL and the Jets are going to uncover in their own investigation: No man ever admits to anything. Period. It's always a he said, she said debate when you speak to someone face-to-face. While sexual harassment can be male to female, female to male, male to male, or female to female, the vast majority of cases still involve men alleged to have harassed women. In all my investigations this was the allegation. In every case a woman alleged that something improper occurred and the man claimed that nothing improper happened. This makes sexual harassment cases the quintessential he said/she said debates.

Except now technology comes into play. Many men are being caught based upon e-mail, text messages, phone logs and photos. Where once it was two dueling stories, now there is evidence to accompany these stories. Per the Deadspin report, there is evidence that Favre left voice messages and sent naked photographs to Sterger. As a result, this story is not going away anytime soon. In fact, I predict it will be a shadow that follows Favre everywhere as he attempts to play a final season. Looking ahead, there are four main actors involved in this case with differing motives, objectives, and desired outcomes. As this story advances let's look at things from the perspective of Brett Favre, Jenn Sterger (and other potential victims), the NFL and the New York Jets.

1. Brett Favre

Will Favre willingly participate in the investigation, and if he doesn't, will the NFL make him? Asked to comment on Sterger's allegations Thursday, Favre declined to issue any comment at all. It's likely the NFL will insist that Favre meet with its investigators and I think it's likely that if the NFL determines these allegations have any truth that Favre is likely to face a suspension this season. That's especially the case when you consider that Ben Roethlisberger just finished a suspension for boorish behavior with women. Can the NFL really allow another Super Bowl-winning signal caller to skate on mistreatment of women when there is already the growing perception that NFL players mistreat women?

I don't think so.

It's not just Favre's image that could take a hit here. The Minnesota Vikings' season could very well hang in the balance. Not to mention Favre's own Hall of Fame career.

2. Jenn Sterger (and potentially other women who were affiliated with the Jets)

The key question is this: Was the sexual contact unwanted? That is, could Favre provide evidence that Sterger and any of the other women that may come forward welcomed his sexual advances. Remember, sexual harassment is in the eye of the harassed. So just because Favre believed he was within his rights to pursue sex from Jets employees or contractors doesn't mean that he truly was. It's not whether he believed his acts were harassive and unwanted, it's whether the women did.

Keep in mind, however, there's even an exception in sexual harassment law for one-time attempted pick-ups that fail. (This is jokingly known as the "there's no harm in asking" exception.) Is there truly an unwanted pattern of harassment on the part of Favre, or did he go after Sterger and other women aggressively and then relent when they didn't succumb to his advances? As such, it will be important to uncover whether there are text messages, e-mails and photos to demonstrate that continued harassment. If so, Favre may end up like a lot of modern men, hung by his own modern-media fingerprints.

For the record, and before the comments come flying out below blaming the women for this situation, I don't buy that Sterger is involved for the money. If she'd really been after money, as soon as Brett Favre sent her the unwanted photos she could have taken them to Favre and the Jets and demanded a settlement under the threat of going public with Favre's advances.

I think it's likely the Jets and Favre would have each paid out a million dollars or more to get a confidentiality statement and destroy the phones. What is Sterger gaining from the accusation now? And since she's already employed in the field of sports media, how is it going to help to have the reputation of being a snitch?

3. The NFL

The NFL is in the midst of wooing women football fans on a variety of fronts. As part of this new marketing plan, many players wore pink uniform apparel last Sunday. An entire advertising campaign is now predicated on convincing women to buy women-specific football apparel.

Why is the NFL doing this? Growth. The male audience is tapped out for football. But women? Women represent a fertile market for a league hellbent on conquering America. What's the biggest obstacle to the NFL's growing popularity among women? A belief taking root that the NFL players exploit and take advantage of women. If the NFL uncovers evidence that Favre sexually harassed Sterger or any other Jets employees, how could the league protect the shield?

By suspending Brett and sending a message to its most popular player that this behavior won't be tolerated.

4. The New York Jets

Remember the Ines Sainz case? The breathless coverage? The interviews? What seemed like a quest for eyeballs and ratings may have, in fact, heralded something much more interesting, a toxic work environment for females in the company of the New York Jets. The only thing worse than a sexual harassment allegation? A sexual harassment investigation. Especially if that investigation is undertaken by an aggressive and independent authority.

How aggressive would the NFL be in pursuing evidence of the atmosphere that exists around the Jets?

Very. Especially if the league is concerned that both of these stories, coming so closely together in the nation's premier media market, offer danger to the NFL brand.

Ultimately, if Brett Favre had known of the legal firestorm that these allegations would unleash, he probably would have stayed retired.

[vince]

This isn't going away anytime soon, but it's also not going to be acted on anytime soon. An immediate suspension would be a strong precursor to a sexual harrassment suit against not only Favre, but the Jets and the NFL - with the NFL "admitting" guilt beforehand. That's not a very good legal strategy.

[Scott Campbell]

This isn't going away anytime soon, but it's also not going to be acted on anytime soon. An immediate suspension would be a strong precursor to a sexual harrassment suit against not only Favre, but the Jets and the NFL - with the NFL "admitting" guilt beforehand. That's not a very good legal strategy.

But it wouldn't surprise me at all if the NFL and the Vikings strongly encouraged Brett to retire.


If he's 1-3 on Monday night, what exactly is he hanging onto?

[imscott72]

There's NO WAY the NFL suspends it's golden boy. The media would go ballistic. Like him or not he makes the NFL an assload of money.

[vince]

This isn't going away anytime soon, but it's also not going to be acted on anytime soon. An immediate suspension would be a strong precursor to a sexual harrassment suit against not only Favre, but the Jets and the NFL - with the NFL "admitting" guilt beforehand. That's not a very good legal strategy.

But it wouldn't surprise me at all if the NFL and the Vikings strongly encouraged Brett to retire.

Maybe an indefinite suspension pending the "investigation?" That would probably get him to just retire.

I don't know. The attorney who wrote the article disagrees with me. Perhaps there's little to no liability on the part of the employer in this case and they will suspend him quickly.

[AtlPackFan]

Does anyone see Deanne leaving him over this if this? I mean its one thing to stand by your man but over and over again. And if she stays with him, what kind of message does that send to her girls. If this all turns out to be true she could still leave him and probably be set for life in a divorce settlement.

[Scott Campbell]

Does anyone see Deanne leaving him over this if this? I mean its one thing to stand by your man but over and over again. And if she stays with him, what kind of message does that send to her girls. If this all turns out to be true she could still leave him and probably be set for life in a divorce settlement.

I really don't know. You've got women like Hillary. And you've got women like Elin Woods. I don't have any kind of read on her, other than she's seen it before.

[MJZiggy]

Does anyone see Deanne leaving him over this if this? I mean its one thing to stand by your man but over and over again. And if she stays with him, what kind of message does that send to her girls. If this all turns out to be true she could still leave him and probably be set for life in a divorce settlement.

He did this for decades before they were married. Though it was well known at the time, this is the first the media has sniffed this kind of behavior. That could be a game changer. Putting up with it in private is one thing, but pubically may be a different matter.

[Scott Campbell]

Tomorrow is Favre's 41st birthday.

Happy Birthday Bert!

[Scott Campbell]

Florio writes that he doesn't think the NFL could complete an investigation by the end of the season, but that Bert might retire anyway as the easy way out.

http://profootballtalk.nbcsports.com/2010/10/09/jets-cooperating-with-favre-investigation/

[vince]

http://www.nypost.com/p/news/national/wife_nearly_sacked_him_over_babes_vbTA4lrBn4lcZtXCMGvq3L

Brett Favre's wife nearly sacked him over babes

After years of suffering ever since she hooked up with the randy quarterback, Brett Favre's wife has tried to kick him to the curb at least once after discovering he'd been trying to hook up with a bevy of babes.

Deanna Favre wrote in a 2007 autobiography that in the mid-1990s -- a decade before they married -- as Favre was abusing booze and Vicodin while playing for the Green Bay Packers, she was aware that "there were other women at those places where Brett and his friends were partying."

At the time, the couple shared a 6-year-old daughter and a home in Green Bay.

"Most people assumed I was jealous and simply wanted him to stop going out. But I knew something was dreadfully wrong," Deanna wrote in her book, "Don't Bet Against Me! Beating the Odds Against Breast Cancer and in Life."

"One night, I walked into the room and heard Brett talking on the phone to a woman I had discovered he'd been calling," she wrote.

" 'That's it!' I told him. 'I don't deserve to be treated like this. You asked me to move up here to Green Bay, and now you're calling these girls -- well, you're on your own now. I'm not living this way. All this stuff is over for me.' "

Deanna, who was diagnosed with cancer in 2004, said Favre -- who's being probed by the NFL for inappropriate behavior with a sideline reporter -- "heard the finality in my voice and realized I was done."

"The next day, he sent me flowers and begged me not to go," Deanna wrote.

What changed her mind was speaking with the wife of the Packers' quarterback coach, who told her, "Don't leave, or Brett will end up killing himself."

Deanna stayed, but Favre later left for Mississippi in the off-season, with his addiction spiraling out of control. In May 1996, with Deanna back by his side, he revealed his dependency on Vicodin and went into rehab.

The couple married later that year.

But in 1999 Deanna again threatened to kick Brett to the curb because he was drinking.

"You had called a divorce attorney. You had kicked him out of the house," a "Good Morning America" reporter reminded Deanna in 2007.

She replied, "I was an enabler for a long time . . . I decided that was not the life that we needed to have . . . I was pregnant at the time this all happened."

Yet again, Deanna took her man back after he entered rehab

[Scott Campbell]

"I was an enabler for a long time . . ."

Was?????

[Tony Oday]

Florio writes that he doesn't think the NFL could complete an investigation by the end of the season, but that Bert might retire anyway as the easy way out.

http://profootballtalk.nbcsports.com...investigation/

Wow it will take that long...Big Ben's investigation was still ongoing when he was suspended for 6 games at first...

[Scott Campbell]

Florio writes that he doesn't think the NFL could complete an investigation by the end of the season, but that Bert might retire anyway as the easy way out.

http://profootballtalk.nbcsports.com...investigation/

Wow it will take that long...Big Ben's investigation was still ongoing when he was suspended for 6 games at first...

I'm not so sure why it has to take so long. Rothlesberger was a he said she said situation. There's a verifiable audit trail on this one. He either did it, or he didn't.

The distraction taints the game on the field. And Goodell might get tired of questions about why he's protecting Bert.