Discretion vs. Standards: The NFL’s Inconsistent Commissioner Exempt List.

In late August, Green Bay Packers running back Josh Jacobs was placed on the NFL Commissioner’s Exempt List after being charged with misdemeanor battery and criminal damage to property three days before. Allegedly, Jacobs engaged in a violent physical altercation with his girlfriend, resulting in head injuries and a damaged phone.[1] Other players are on the Commissioner Exempt List as well, including Jonathon Cooper of the Denver Broncos for his felony charge of second-degree assault by strangulation and three misdemeanors, and Terrion Arnold of the Seattle Seahawks for his eight felony counts for kidnapping and robbery.[2]

Practically, the Commissioner Exempt List operates similarly to paid administrative leave. Exempt status, solely assigned and removed by Commissioner Roger Goodell, prohibits players from practicing, playing, or attending games. A player may be placed on the Exempt List when he is  formally charged with a felony or crime of violence, when an investigation leads the Commissioner to believe the player may have violated the Personal Conduct Policy, or when a violation involving a crime of violence is alleged but needs further investigation. A player on the Exempt List is still paid his full salary and is not included in the team’s 53-man roster. However, a player can still be present at the team facility for meetings, individual workouts, and non-football activities, but only upon request and club permission. In addition, a player may spend an unlimited amount of time on the Exempt List, and any games missed will count toward any suspension imposed by the league.[3]

The Commissioner’s broad discretion in applying exempt status raises questions about league consistency. For example, in 2024, Rashee Rice was not placed on the Commissioner’s Exempt List after causing a multi-vehicle car crash by driving his Lamborghini Urus SUV at 119 mph, resulting in victims facing severe bodily injuries. Ultimately, Rice did serve a six-game suspension without pay in 2025 for violating the NFL’s personal conduct policy, but this league sanction was only instituted at the conclusion of his legal case.[4] Further, Stefon Diggs was not placed on the Exempt List after being charged with felony strangulation and a misdemeanor charge of assault and battery in December, but still played in the Super Bowl with the New England Patriots. The NFL did not consider placing Diggs on the Exempt List until after his criminal arraignment, which was conveniently postponed from January 23 to February 13, five days after Super Bowl LX.[5]

Overall, whether a player is assigned to the Commissioner’s Exempt List depends more on the Commissioner’s discretion than a set league standard. Rice and Diggs show that there is a chance a player can continue to fully participate, even in the face of serious criminal charges. If the Exempt List is meant to function as a disciplinary tool, a consistent standard should be applied to all players.

 

[1] Packers star RB Josh Jacobs charged with two misdemeanors, https://www.espn.com/nfl/story/_/id/49745245/packers-star-rb-josh-jacobs-charged-two-misdemeanors

[2] What is the NFL commissioner exempt list? Who is on it?, https://www.espn.com/nfl/story/_/id/41125210/what-nfl-commissioner-exempt-list-it

[3] Explaining the NFL’s commissioner’s exempt list: How does it work? Who is on it?, https://www.nytimes.com/athletic/7559695/2026/09/03/nfl-commissioner-exempt-list-2026/

[4] Chiefs WR Rashee Rice not heading to commissioner’s exempt list, cleared to play Week 1, https://www.nytimes.com/athletic/5731905/2024/08/29/rashee-rice-exempt-list-chiefs/; Chiefs WR Rashee Rice suspended for first six games of 2025 season, https://www.nfl.com/news/chiefs-wr-rashee-rice-six-game-suspension-2025-nfl-season

[5] Postponement of Stefon Diggs’s arraignment virtually guarantees no paid leave, https://www.nbcsports.com/nfl/profootballtalk/rumor-mill/news/postponement-of-stefon-diggss-arraignment-virtually-guarantees-no-paid-leave