This article is part of our Fielkow's Law series.
So, this happened:
Yes, that's U.S. Men's National Team captain and Seattle Sounders forward Clint Dempsey reaching into the pocket of a referee and ripping up his notebook during a June 16 U.S. Open Cup match against the Portland Timbers. Needless to say, this was a poor idea. Repercussions for Dempsey's actions were imminent. With speculation rampant, the only question was how long would he be suspended.
On Friday, the other shoe dropped, with Major League Soccer announcing it had suspended Dempsey for three games. "We do not tolerate conduct of this nature from any of our players," MLS Deputy Commissioner Mark Abbott said in a statement after the punishment was announced. "In light of Clint's actions and our past precedents, we felt that a significant suspension was appropriate," Abbott continued.1
For Dempsey, this was likely the best possible outcome. The U.S. Soccer Federation's Policy Manual, specifically Policy 202(1)(H)(2), outlines standards regarding misconduct against referees. According to that policy, the minimum suspension for "referee abuse" is three consecutive matches, though a suspension may be for a longer period where circumstances warrant it. Meanwhile, in instances of "referee assault," a minimum suspension of six games is mandatory.
In Dempsey's situation, MLS Commissioner Don Garber concluded Dempsey's behavior was "referee abuse." This is an extremely favorable ruling for the talented Texan. Under the USSF Policy, referee abuse includes, but is not limited to, verbal and nonverbal communication which contains foul or abusive language and which implies or directly threatens physical harm; spewing a beverage on or spitting at a referee or the referee's personal property. "Referee assault," however, shall include, but is not limited to: striking, kicking, choking, grabbing or bodily running into a referee; spitting on a referee with ostensible intent to do so; kicking or throwing an object at an official that could inflict injury; or damaging the referee's uniform or personal property (e.g., car, uniform, or equipment).
The last contemplated example of referee assault would appear to doom Dempsey to a minimum three-month suspension, as Dempsey is clearly seen in the now-viral video as slapping referee Daniel Radford's notebook out of his hand and tearing it apart. In fact, it's difficult to see how MLS determined such actions did not fall under USSF's definition of assault. The applicable USSF Policy clearly defines referee abuse as including damaging a piece of the referee's "personal property," such as his "uniform" or "equipment." Further compounding the matter is the fact that Dempsey has not been immune to controversy, which could have warranted stiffer discipline given his history. Understandably, the Professional Soccer Referees Association was not pleased with the discipline, issuing a statement calling the league's suspension of arguably its biggest star "ceremonial."
The suspension could not come at a worse time for the Sounders, who will be without Dempsey's strike-parter Obafemi Martins for 3-to-6 weeks because of a groin injury, while backup Chad Barrett looks unlikely to play this weekend because of a hamstring issue. On the plus side, Dempsey won't be out for too long, as MLS has a condensed schedule this week and next, which means his three-match ban will last only eight days, allowing him to return July 3 against D.C. United. In the absence of Dempsey, Martins and likely Barrett, at least for this weekend, Lamar Neagle is the likeliest candidate to start up top against San Jose on Saturday, and possibly Wednesday against Philadelphia.
This ugly chapter for Dempsey isn't quite over yet. The U.S. Open Cup Adjudication and Discipline Panel will also hold a hearing next week to review the incident. Dempsey could face further discipline from the panel, but any additional suspension would be limited to U.S. Open Cup matches. By escaping with a mere slap on the wrist, Dempsey should be thanking his lucky Stars and Stripes.
Update: Dempsey was named to the Gold Cup roster Tuesday. He is ineligible to play any competitive soccer while under suspension, including international competitions like the Gold Cup, which begins July 7. Dempsey's current three-game ban, however, will expire June 28. Had Dempsey been docked the six-games stipulated by the USSF, his Gold Cup participation would have been in jeopardy, as his MLS suspension would have run through July 18, the date of the tournament's quarterfinals.
1. Despite the incident taking place in a non-MLS match, the league has jurisdiction to review any alleged actions involving its players and a referee in any competition. In this case, MLS had jurisdiction to review the incident and levy sanctions per Policy 202(1)(H)-2 of the U.S. Soccer Federation Policy Manual.
