NFL could potentially place Stefon Diggs on paid leave

The criminal charges against Patriots receiver Stefon Diggs won't affect his ability to play in the 2025 postseason. The team, based on its statement in response to the news of the charges, seems to be inclined to take no action, for now.

The impediment, if any, to Diggs participating in the playoffs would come from the NFL.

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The Personal Conduct Policy gives the league the ability to place a player on the Commissioner Exempt List (i.e., paid leave). From the latest edition of the policy posted by the NFL, paid leave is available under three circumstances.

"First, when a player is formally charged with: (1) a felony offense; or (2) a crime of violence, meaning that he is accused of having used physical force or a weapon to injure or threaten a person or animal, of having engaged in a sexual assault by force or against a person who was incapable of giving consent, or having engaged in other conduct that poses a genuine danger to the safety or well-being of another person. The formal charges may be in the form of an indictment by a grand jury, the filing of charges by a prosecutor, or an arraignment in a criminal court.

"Second, when an investigation leads the Commissioner to believe that a player may have violated this Policy by committing any of the conduct identified above, he may act where the circumstances and evidence warrant doing so. This decision will not reflect a finding of guilt or innocence and will not be guided by the same legal standards and considerations that would apply in a criminal trial.

"Third, in cases in which a violation relating to a crime of violence is alleged but further investigation is required, the Commissioner may place a player on the Commissioner Exempt List on a limited and temporary basis to permit the league to conduct a preliminary investigation. Based on the results of this investigation, the player may be returned to duty, be placed on the Commissioner Exempt List for a longer period or be subject to discipline."

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The league has broad discretion to use, or not use, paid leave. Without knowing more about the accusations, it's impossible to even begin to assess whether the league would decide that the current situation justifies removing Diggs from the field.

As reported by Boston25News.com, Diggs's lawyers hope to keep sealed the police report from the alleged December 2 incident. The NFL's first order of business should be to demand that Diggs share the document with NFL investigators, so that the process of assessing the situation can begin.

Although it's a non-football matter, the league's construction and implementation of an in-house justice system that includes paid leave and potential unpaid suspensions (after the conclusion of all criminal proceedings)makes it a competitive issue. The Patriots and the teams they'll be facing in the playoffs will want to be sure that the paid leave provision of the policy is applied fairly, accurately, and in a way that shows consistency with past cases.