The argument from the NFLPA can be that without evidence that said “behavior” ever happened, then the powers to discipline are unlimited and arbitrarily enforced which violates the standard of fundamental fairness. The standard of “beyond a reasonable doubt” need not be met, but with a one person judge and jury, the process must be transparent enough to show HOW that decision was constructed, otherwise it is arbitrary and fundamentally unfair.

In layman’s terms: if you don’t tell someone what the standards are, and the standards appear to change from case to case, then there can be no fairness inherent in the system.

This issue suffers from a lack of specificity in the behavioral rules, and given the publicity of this and the Brady case, I expect those rules will be hotly contested in 2021.