Does NFL Personal Conduct Policy Apply To Ben Roethlisberger Civil Suit?

Here we go again. As you may know, Ben Roethlisberger has been accused in a civil complaint of sexual assault. Any time any player is accused of bad acts, it makes fans wonder whether the NFL Personal Conduct Policy will result in a suspension. An NFL spokesmen told FanHouse's Nancy Gay on Tuesday that the "facts are not clear; it's a civil matter, and it's premature to comment on how the personal conduct policy applies, if at all."

However, if you look at the language of the latest personal conduct policy, you might wonder if it could or should. The policy allows the league to investigate and discipline players accused of engaging in "criminal conduct." They can do it, without a legal resolution, for a first-time offender if it involves "significant bodily harm."

The NFL Personal Conduct Policy is an informally drafted document, written in a very broad way. It uses the phrases "criminal conduct" and "criminal activity" -- not "criminal case." So just because Roethlisberger's situation is a civil matter, the allegations are certainly violations of criminal law, if true.

The broad policy statement on acceptable conduct, that put the league on notice, seems to apply to this situation:

While criminal activity is clearly outside the scope of permissible conduct, and persons who engage in criminal activity will be subject to discipline, the standard of conduct for persons employed in the NFL is considerably higher. It is not enough simply to avoid being found guilty of a crime. Instead, as an employee of the NFL or a member club, you are held to a higher standard and expected to conduct yourself in a way that is responsible, promotes the values upon which the League is based, and is lawful.

Persons who fail to live up to this standard of conduct are guilty of conduct detrimental and subject to discipline, even where the conduct itself does not result in conviction of a crime.

Also, something to consider is that it is possible that criminal charges could still be filed against Roethlisberger if a district attorney's office believes there is probable cause that a crime may have occurred. Under Nevada law, a victim of sexual assault has up to four years to file a written report. After that is done, there is no limitation on when a district attorney can file an action.

Having the concern of possible criminal charges and the fear of potential league action based on such charges makes this lawsuit particularly difficult one for Roethlisberger to fight, whether he did what he is accused of or not. Even if the civil suit is settled confidentially, a district attorney could still file charges against Roethlisberger, but it is much more difficult without the assistance of the complaining witness

Whatever the league chooses to do, fans will be watching this closely. The league has not suspended players for pending civil cases that allege criminal activities, but the broad wording of their policy allows for that. If a criminal case evolves from this situation, it makes the league's decision much more difficult.

Ben Roethlisberger Photos

Pittsburgh Steelers quarterback Ben Roethlisberger, front walks onto the 12th green followed by former NBA star Michael Jordan, left, during the American Century Golf Championship on Saturday, July 18, 2009, at Edgewood Tahoe Golf Course in Stateline, Nev. (AP Photo/Brad Horn)

Pittsburgh Steelers quarterback Ben Roethlisberger throws a football to a fan on the 17th hole during the American Century Golf Championship at Edgewood Tahoe Golf Course in Stateline, Nev., on Saturday, July 18, 2009. (AP Photo/Brad Horn)

NFL football player Ben Roethlisberger arrives at the 2009 ESPY Awards Arrivals at Nokia Theatre LA Live on July 15, 2009 in Los Angeles, California. 2009 ESPY Awards - Arrivals Nokia Theatre LA Live Los Angeles, CA United States July 15, 2009 Photo by Jon Kopaloff/FilmMagic.com To license this image (16869798), contact FilmMagic.com

Jon Kopaloff/FilmMagic.com

LOS ANGELES, CA - JULY 15: ***EXCLUSIVE*** (L-R) Comedians Andy Samberg and Seth Meyers with NFL players Ben Roethlisbergerand Santonio Holmes backstage during the 2009 ESPY Awards held at Nokia Theatre LA Live on July 15, 2009 in Los Angeles, California. The 17th annual ESPYs will air on Sunday, July 19 at 9PM ET on ESPN. (Photo by Kevork Djansezian/Getty Images for ESPY) *** Local Caption *** Andy Samberg;Seth Meyers;Ben Roethlisberger;Santonio Holmes

Getty Images for ESPY

LOS ANGELES, CA - JULY 15: ***EXCLUSIVE*** NFL player Ben Roethlisberger backstage during the 2009 ESPY Awards held at Nokia Theatre LA Live on July 15, 2009 in Los Angeles, California. The 17th annual ESPYs will air on Sunday, July 19 at 9PM ET on ESPN. (Photo by Kevork Djansezian/Getty Images for ESPY) *** Local Caption *** Ben Roethlisberger

Getty Images for ESPY

LOS ANGELES, CA - JULY 15: ***EXCLUSIVE*** NFL players Ben Roethlisberger and Santonio Holmes backstage during the 2009 ESPY Awards held at Nokia Theatre LA Live on July 15, 2009 in Los Angeles, California. The 17th annual ESPYs will air on Sunday, July 19 at 9PM ET on ESPN. (Photo by Kevin Winter/Getty Images) *** Local Caption *** Ben Roethlisberger;Santonio Holmes

Getty Images

LOS ANGELES, CA - JULY 15: Football players Ben Roethlisberger, Willie Colon and Darnell Stapleton arrive at the 2009 ESPY Awards held at Nokia Theatre LA Live on July 15, 2009 in Los Angeles, California. The 17th annual ESPYs will air on Sunday, July 19 at 9PM ET on ESPN. (Photo by Kevork Djansezian/Getty Images for ESPY) *** Local Caption *** Ben Roethlisberger;Willie Colon;Darnell Stapleton

Getty Images for ESPY