Just a few days before the San Francisco 49ers play their final NFL preseason game, owner Jed York was arrested in Ohio and is under investigation by the NFL.
York's initial charge of "engaging in prostitution" was reduced to disorderly conduct and possessing criminal tools, and on Aug. 24 he pled no contest to both misdemeanor charges.
"We are aware of the matter which will be reviewed under the personal conduct policy," the NFL said in a statement to USA TODAY Sports.
York is not the first NFL owner to be arrested. But what recourse does the NFL have to punish — or even remove — owners?
NFL personal conduct policy for team owners
The NFL's personal conduct policy for non-players, which applies to owners as well as coaches and league or team employees, prohibits "conduct detrimental to the
integrity of, or public confidence in, the NFL."
"Persons convicted of a crime or subject to a disposition of a criminal proceeding (as defined in this Policy) are subject to discipline," the policy states. "But even if the conduct does not result in a criminal conviction, persons found to have engaged in prohibited conduct will be subject to discipline."
Prohibited conduct defined by the policy includes but is not limited to:
- Assault and/or battery, including sexual assault or other sex offenses
- Actual or threateneed physical violence against another person
- Illegal possession, use, or distribution of alcohol or drugs
- Disorderly conduct
The NFL investigates any possible violation of the personal conduct policy with the investigation conducted by either league personnel, independent investigators, or both. When law enforcement is also investigating, the NFL will continue its separate investigation but cooperate with authorities to avoid interfering with law enforcement proceedings.
When it comes to discipline for owners in particular, however, the policy is not specific except to say, "Ownership and club or league management have traditionally been held to a higher standard and will be subject to more significant discipline when violations of the Policy occur."
Can the NFL force Jed York to sell the 49ers?
The NFL can legally force an owner to sell a team, but it's never happened before. Under the NFL Constitution and Bylaws, the NFL can force an owner to sell if 24 of the 32 team owners vote to remove them for conduct detrimental to the league.
The constitution states that NFL Commissioner Roger Goodell has the power to suspend and/or fine any owner or league employee up to $500,000 for violating the personal conduct policy. But if he believes that discipline does not suffice for more egregious offenses, Goodell can refer the matter to the executive committee and recommend serious punishment that can include "cancellation or forfeiture of the interest in a member club or in the franchise thereof owned by a person involved or implicated therein."
While that's never been done, multiple owners accused of impropriety in the past seemingly caved to public scrutiny and voluntarily put their franchises up for sale following allegations of illegal activity. In 2017, Carolina Panthers owner Jerry Richardson sold the team after Sports Illustrated reported that Richardson sexually and racially harassed several Panthers employees. And in 2023, Washington Commanders owner Dan Snyder sold the team after congressional, state and NFL investigations revealed widespread workplace sexual harassment and financial fraud.
York's situation is more likely to result in a suspension and/or fine based on previous incidents.
Former Colts owner Jim Irsay was suspended six games and fined $500,000 in 2014 after he pleaded guilty to a misdemeanor count of operating a vehicle while intoxicated. In 2022, Dolphins owner Stephen Ross was suspended six games and fined $1.5 million after the NFL found that he violated the league's anti-tampering policy.
Patriots owner Robert Kraft was ultimately never suspended or formally punished by the NFL after he was arrested on solicitation charges in Florida. Criminal prosecutors dropped the charges against Kraft after a court blocked the use of video surveillance evidence.
This article originally appeared on USA TODAY: Jed York arrest under review by NFL. How league could punish 49ers owner
