The NFL has a due process problem.

Due process is important, but so is respect for it. As a fan of professional sports, it’s sad to see athletes and their employers hiding behind legal due process rights. We do need to pump the brakes on clamoring for suspensions every time a professional athlete is accused of a crime. But at the same time, we don’t need to pretend as though evidence of a disturbing incident doesn’t exist.

Roger Goodell made his first public appearance in weeks yesterday, admitting that the NFL did not have a consistent approach in place to deal with personal conduct violations by its players1. Contrary to Mr. Goodell’s contrived comments, I’d argue the league’s approach was astonishingly consistent. In the cases of Ray Rice, Greg Hardy, Ray McDonald and Adrian Peterson, the NFL’s reaction was inaction. The league either waited for the legal process to exhaust itself before imposing punishment that served only to insult and anger large segments of the league’s fan base, or desired to do nothing until public opinion and, more importantly, corporate sponsors demanded different.

1. Conveniently, Goodell did not mention the league’s dissatisfying treatment of Jim Irsay’s criminal behavior this year.

There’s nothing wrong with showing patience and prudence when such situations occur. An accusation does not automatically equate to guilt, and high profile athletes and executives are targets for false accusations. But in the cases highlighted in the media in recent weeks, there is known and documented evidence that the awful events alleged are not a product of fabrication2.

2. This is definitely true with regards to Peterson, Rice, Hardy and now Jonathan Dwyer. Ray McDonald’s domestic violence case remains under investigation.

Thus, by delaying its action and taking a passive stance, the NFL has opted for cowardice under the guise of due process. As Mike Greenberg said last week on ESPN Radio’s Mike and Mike, “the NFL and the league owners3 have shown a vacuum of leadership when handling personal conduct issues.” Moreover, the league’s approach of inaction has allowed the players accused and the teams they play for to attempt to use due process to maintain their eligibility. It’s a gross act that defies the intent of the law and shows enormous disrespect to the victims of these acts and the millions of fans who love football and want to cheer on their favorite players and teams on Sundays.

3. And don’t forget, the distinction between the NFL league office and the ownership is a thin, blurred line at best.

Ultimately, the NFL did find a moderate, sensible approach by placing players on an exempt list, upon which they are deactivated and not playing but still maintain their salaries and place on their teams. This shows respect for due process of law, while not hiding behind it. It’s the direction the league and the teams affected should have gone from the start. Furthermore, it encourages players facing charges to attempt to resolve their cases swiftly, rather than relying on the slow hands of justice to keep them activated and on the field.

The NFL is examining its policies regarding personal conduct and especially domestic violence. Hopefully the NFL will understand that the “wait and see” approach doesn’t work. Hopefully the league recognizes the failings of its leadership, and puts new leaders in place who will treat such matters with the appropriate sensitivity and severity.