Suns owner Sarver suspended 1 year, fined $10M after probe
NEW YORK (AP) â The NBA has suspended Phoenix Suns and Phoenix Mercury owner Robert Sarver for one year, plus fined him $10 million, after an investigation found that he had engaged in what the league called âworkplace misconduct and organizational deficiencies."
The findings of the league's report, published Tuesday, came nearly a year after the NBA asked a law firm to investigate allegations that Sarver had a history of racist, misogynistic and hostile incidents over his nearly two-decade tenure overseeing the franchise.
Sarver said he will âaccept the consequences of the leagueâs decisionâ and apologized for âwords and actions that offended our employees," though noted he disagreed with some of the report's findings.
The report said Sarver ârepeated or purported to repeat the N-word on at least five occasions spanning his tenure with the Suns," though added that the investigation âmakes no finding that Sarver used this racially insensitive language with the intent to demean or denigrate."
The study also concluded that Sarver used demeaning language toward female employees, including telling a pregnant employee that she would not be able to do her job after becoming a mother; made off-color comments and jokes about sex and anatomy; and yelled and cursed at employees in ways that would be considered bullying âunder workplace standards.â
The $10 million fine is the maximum allowed by NBA rule.
âI take full responsibility for what I have done," Sarver said. âI am sorry for causing this pain, and these errors in judgment are not consistent with my personal philosophy or my values. ... This moment is an opportunity for me to demonstrate a capacity to learn and grow as we continue to build a working culture where every employee feels comfortable and valued."
Sarver, the league said, cannot be present at any NBA or WNBA team facility, including any office, arena, or practice facility; attend or participate in any NBA or WNBA event or activity, including games, practices or business partner activity; represent the Suns or Mercury in any public or private capacity; or have any involvement with the business or basketball operations of the Suns or Mercury.
The league said it would donate the $10 million âto organizations that are committed to addressing race and gender-based issues in and outside the workplace.â
âThe statements and conduct described in the findings of the independent investigation are troubling and disappointing,â NBA Commissioner Adam Silver said. âWe believe the outcome is the right one, taking into account all the facts, circumstances and context brought to light by the comprehensive investigation of this 18-year period and our commitment to upholding proper standards in NBA workplaces.â
The allegations were reported by ESPN last year, which said it talked to dozens of current and former team employees for its story, including some who detailed inappropriate behavior by Sarver. He originally denied or disputed most of the allegations through his legal team.
On Tuesday, Sarver's representatives said the investigation's findings âconfirmed that there was no evidence, whatsoever, to support several of the accusations in ESPNâs reporting from November 2021."
âWhile it is difficult to identify with precision what motivated Sarverâs workplace behavior described in this report, certain patterns emerged from witness accounts: Sarver often acted aggressively in an apparent effort to provoke a reaction from his targets; Sarverâs sense of humor was sophomoric and inappropriate for the workplace; and Sarver behaved as though workplace norms and policies did not apply to him,â read the report from the New York-based investigating firm of Wachtell, Lipton, Rosen & Katz.
Sarver will have to complete a training program âfocused on respect and appropriate conduct in the workplaceâ during his suspension, the league said.
Sarver, through his attorney, continued denying the allegations as recently as June in a letter to the league and insisted the claims against him were âdemonstrably false.â
The attorney, Thomas Clare, wrote that Sarverâs record shows a âlongstanding commitment to social and racial justiceâ and that it attests to his âcommitment to diversity, equity, and inclusion.â
âMr. Sarver is one of few NBA owners who continues to support and advance the development of womenâs professional basketball,â Clare wrote, citing upgrades to the Mercury team facilities, how the Suns claim a league-best rate of 55% employment of minorities within its front office and how more than half of the Sunsâ coaches and general managers in Sarverâs tenure â including current coach Monty Williams and current GM James Jones â are Black.
Among the leagueâs findings:
â That Sarver engaged in âcrude, sexual and vulgar commentary and conduct in the workplace,â including references to sexual acts, condoms and the anatomy, referring to both his own and those of others.
â The investigation also found that Sarver sent a small number of male Suns employees âjoking pornographic material and crude emails, including emails containing photos of a nude woman and a video of two people having sex.â
â Sarver, the investigation found, also exposed himself unnecessarily to a male Suns employee during a fitness check, caused another male employee to become uncomfortable by grabbing him and dancing âpelvis to pelvisâ at a holiday party, and standing nude in front of a male employee following a shower.
â He also made comments about female employees, the investigation found, including the attractiveness of Suns dancers, and asked a female Suns employee if she had undergone breast augmentation.
The league also will require the Suns and Mercury to engage in a series of workplace improvements, including retaining outside firms that will âfocus on fostering a diverse, inclusive and respectful workplace.â
Employees of those organizations will be surveyed, anonymously and regularly, to ensure that proper workplace culture is in place. The NBA and WNBA will need to be told immediately of any instances, or even allegations, of significant misconduct by any employees.
All those conditions will be in place for three years.
The league said the results of the investigation were based on 320 individuals, including current and former employees who worked for the teams during Sarver's 18 years with the Suns, and from the evaluation of more than 80,000 documents and other materials, including emails, text messages and videos.
Sarver and the Suns and Mercury âcooperated fully with the investigative process," the league said.
âRegardless of position, power or intent, we all need to recognize the corrosive and hurtful impact of racially insensitive and demeaning language and behavior,â Silver said. âOn behalf of the entire NBA, I apologize to all of those impacted by the misconduct outlined in the investigatorsâ report. We must do better.â
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