Since late November, the NBA has been investigating the allegations that Oklahoma City Thunder guard Josh Giddey had an inappropriate relationship with an alleged underage female that emerged via social media. [1] On December 8th, NBA Commissioner Adam Silver revealed on NBA Today why Giddey, 21, hasn’t faced suspension just weeks after the allegation first surfaced. “I can’t think of many circumstances where we’ve suspended a player based on an allegation alone,” Silver said on the ESPN program.[2]
Silver also told ESPN the Newport Beach Police Department is launching an independent investigation into the matter. “I’m not going to say never ever, but I think this is the path we’ve consistently followed in the past,” Silver said. [3] Silver continued, “In this case, so we have an allegation and then you have a police investigation and then a parallel league investigation. I also add that, where there is a criminal investigation, we take a back seat… that impacts how the players and players association can work with us because of course the player needs to protect his rights.”[3]
Silver reclarified the league’s stance during the NBA In-Season tournament media availability on Saturday evening, as captured in a video by Robert Littal, CEO of BlackSportsOnline.
“When there’s a parallel criminal investigation, we do take a backseat to the criminal, criminal[ND1] investigation,” Silver said. [4]. “Part of it is just even for a defense lawyer who’s representing a player, understandably protecting that player’s rights and protecting that player in a, in a criminal context, that’s their job to do that, that they don’t want to waive certain rights by having the player in the first instance, talk to the league.” [Id.].
He continued, “So we generally, we will work with law enforcement to the extent they’ll share with us the information they have. We can learn from that. We gather whatever information is available to us that, in working, you know, alongside with a police department, in this case, or a DA, as long as they say we’re not interfering with their investigation, we do what we can at the same time. But generally, we fall in behind any criminal investigation and then go from there. [Id.]
The NBA differentiates itself from other major sports leagues, like the NFL, as being player friendly. Silver’s comments are in-line with the NBA’s player friendly image. Aside from the League’s image, Silver recognizes the benefits to the League for taking a “back seat” to the criminal investigation. It provides the League with time to conduct its own investigation and the opportunity to wait and see how the criminal process unfolds. In circumstances like these, it benefits the NBA’s relationship with the Player’s Union to be reactive as opposed to proactive in disciplining its players. If the criminal investigation yields an indictment or conviction, the NBA’s decision is easily made. If there is no charge or conviction, the NBA has standing to hide behind that result in issuing a nominal punishment or no punishment at all.
[1] https://theathletic.com/5087544/2023/11/24/thunder-josh-giddey-allegations-nba/
[3] https://www.espn.com/search/_/type/clips/q/giddey
[4] https://clutchpoints.com/adam-silver-doubles-down-on-nbas-stance-on-josh-giddey-investigation
[5] Photo Credit: Josh Giddey’s Instagram Page
Leave a Reply