Suns owner Robert Sarver suspended for one year and fined $10 million for workplace misconduct

NEW YORK — The NBA has suspended Phoenix Suns and Phoenix Mercury owner Robert Sarver for a year and fined him $10 million after an investigation found he had a hand in what the League called “workplace misconduct and organizational deficiencies”.

The findings of the league’s report released 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 during his nearly two-decade tenure as head of the franchise.

The report states that Sarver “repeated or allegedly repeated the N-word at least five times during his tenure with the Suns,” but added that the investigation “provides no finding that Sarver used this racially insensitive language with the intention of to humiliate or disparage him.”

The study also concluded that Sarver used demeaning language towards female employees, including telling a pregnant employee that she would no longer be able to work after becoming a mother; made inappropriate comments and jokes about sex and anatomy; and yelled at and verbally abused employees in a manner that would be considered bullying “by workplace standards.”

The Suns had no immediate comment on the report, and Sarver did not immediately respond to a text message asking for comment.

Sarver, the league said, cannot be present at any NBA or WNBA team facility, including offices, arenas, or practice facilities; attend or participate in any NBA or WNBA event or activity, including games, practices or business partner activities; represent the Suns or Mercury in any public or private capacity; or are in any way involved in the business or basketball activities of the Suns or Mercury.

The league said it would donate the $10 million “to organizations committed to addressing racial and gender issues in and outside of the workplace.”

“The statements and behavior described in the findings of the independent investigation are disturbing and disappointing,” said NBA Commissioner Adam Silver. “We believe the result is the right one, considering all the facts, circumstances and context brought to light through the comprehensive investigation of this 18-year period and our commitment to upholding appropriate standards in the NBA workplace.”

The allegations were reported last year by ESPN, which said it spoke to dozens of current and former team employees about its story, including some who detailed inappropriate behavior by Sarver. He originally denied or denied most of the allegations through his legal team.

“While it is difficult to pinpoint exactly what Sarver’s workplace behavior described in this report, certain patterns emerged from eyewitness accounts: Sarver often acted aggressively in an apparent attempt to provoke a response from his subjects; Sarver’s sense of humor was sophomoric and inappropriate for the workplace; and Sarver acted as if workplace norms and policies did not apply to him,” according to the report by New York-based investigative firm Wachtell, Lipton, Rosen & Katz.

Sarver must complete a training program “focused on respect and appropriate behavior in the workplace” during his suspension, the league said.

Sarver denied the allegations by his attorney in a letter to the league in June, insisting the allegations against him were “provenly false”.

Attorney, Thomas Clare, wrote that Sarver’s records show a “longstanding commitment to social and racial justice” and that it testifies to his “commitment to diversity, justice and inclusion.”

“Mr. Sarver is one of the few NBA owners who continues to support and drive the development of professional women’s basketball,” Clare wrote, citing improvements to the Mercury team’s facilities such as the Suns achieving a league-best 55% employment rate by minorities within their front lines, and how more than half of the Suns’ coaches and chief executives during Sarver’s tenure — including current coach Monty Williams and current GM James Jones — are black.

Among the league’s findings:

– That Sarver engaged in “raw, sexual, and vulgar comments and behavior in the workplace,” including references to sexual acts, condoms, and anatomy, referring both to his own and to those of others.

– The investigation also found that Sarver sent a small number of male Suns employees “pornographic material and crude teasing emails, including emails with photos of a naked woman and video of two people having sex.”

– The investigation found that Sarver unnecessarily exposed himself to a male Suns employee during a fitness check, caused another male employee to feel uncomfortable by grabbing him and dancing ‘cymbal to cymbal’ and naked in front of you at a Christmas party male employee stood after a shower.

— 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 breast augmentation surgery.

The league will also require the Suns and Mercury to engage in a range of workplace improvements, including retaining outside firms that will “focus on fostering a diverse, inclusive and respectful workplace.”

Employees of these organizations are surveyed anonymously and regularly to ensure an appropriate workplace culture is in place. The NBA and WNBA must be promptly notified of any instances or even allegations of material employee misconduct.

All these conditions are valid for three years.

The league said the findings of the investigation were based on 320 people, including current and former employees who worked for the teams during Sarver’s 18 years with the Suns, and an analysis of more than 80,000 documents and other materials, including emails and text messages and videos.

Sarver and the Suns and Mercury “fully cooperated with the investigation,” the league said.

“Regardless of position, power or intention, we all need to recognize the corrosive and hurtful effects of racially insensitive and degrading language and behavior,” Silver said. “On behalf of the entire NBA, I apologize to everyone affected by the misconduct described in the investigator’s report. We have to do better.”