McCann writes that the sexual harassment allegations against the Mavericks go against the NBA’s mission statement, and the the league’s constitution allows Silver to punish a franchise, owner or employee who might have committed conduct detrimental to the league.
McCann says there are two articles of the NBA constitution that could result in punishment for Cuban, the second of which could mean forfeiting draft picks:
“First, Article 35A of the constitution would authorize Silver to suspend Cuban for any length of fine and/or fine him up to $1 million. Such a punishment would be appropriate if Silver concluded that Cuban engaged in “conduct prejudicial or detrimental to the Association.” In this context, Silver would surmise that Cuban had a responsibility as owner of the Mavericks to manage his team in a way that adequately deterred sexual harassment and prevented a hostile workplace. Here, the “conduct detrimental” would likely involve a failure to supervise and a failure to correct.
“Alternatively, Silver could rely on Article 24 of the constitution. Article 24 spells out the authority and duties of the commissioner. One key authority is found in Section L of Article 24. It is the “best interests of the NBA” provision and stipulates that “when a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decisions, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association.” Article 24 authorizes a suspension of any length, a fine of up to $2.5 million and the forfeiture of draft picks.”
Silver used Article 24 in the Donald Sterling scandal in 2014, but McCann says its unlikely that the Mavericks’ controversy will be comparable to that.
“In this case, Cuban’s transgressions would be more along the lines of omissions rather than actions or statements. Cuban would have failed to adequately monitor the conduct of his executives and other employees; such oversight appears to have made it more possible for female Mavericks employees to experience a hostile work environment.”
First, though, the NBA could launch their own investigation into the Mavericks, which is what Silver did during the fallout of the Sterling scandal. McCann says a number of factors would play into a potential investigation:
“If the NBA investigates the Mavericks, the league would demand that the team turn over various records, including emails, employee reviews and other correspondences. The league would also likely arrange for in-person interviews with Cuban, Mavericks officials and former employees–including those who spoke with Wertheim and Luther. In addition, the league would evaluate to what extent the scandal harms the NBA’s image and business relations. If, for example, sponsors drop the Mavericks or the NBA in response to the allegations, the league would be more inclined to impose a severe punishment.”
This Topic is Missing Your Voice.
Be the first to comment