Here, there are several factors that merit strong consideration in assessing discipline. The first is the club's prior record. In 2007 the club and several individuals were sanctioned for videotaping signals of opposing defensive coaches in violation of the Constitution and Bylaws. Under the Integrity of the Game Policy, this prior violation of competitive rules was properly considered in determining the discipline in this case.
"Another important consideration identified in the Policy is 'the extent to which the club and relevant individuals cooperated with the investigation.' The Wells report identifies two significant failures in this respect. The first involves the refusal by the club's attorneys to make Mr. McNally available for an additional interview, despite numerous requests by Mr. Wells and a cautionary note in writing of the club's obligation to cooperate in the investigation. The second was the failure of Tom Brady to produce any electronic evidence (emails, texts, etc.), despite being offered extraordinary safeguards by the investigators to protect unrelated personal information. Although we do not hold the club directly responsible for Mr. Brady's refusal to cooperate, it remains significant that the quarterback of the team failed to cooperate fully with the investigation.
"Finally, it is significant that key witnesses -- Mr. Brady, Mr. Jastremski, and Mr. McNally -- were not fully candid during the investigation.