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Potential for NFL discipline means LeSean McCoy not yet in the clear

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Rodak not surprised no charges against LeSean McCoy (2:10)

ESPN Bills reporter Mike Rodak reacts to the news that Bills RB LeSean McCoy will not be charged for his alleged role in a nightclub fight with off-duty Philadelphia police officers and whether he will face disciplinary action from Roger Goodell. (2:10)

The lengthy investigation into LeSean McCoy and questions about his role in a Feb. 7 bar fight that left two off-duty Philadelphia police officers injured ended Monday when the Philadelphia district attorney's office decided not to charge McCoy or the officers.

It's a development that takes criminal court proceedings and possible jail time off the table, but it does not mean McCoy is completely off the hook.

First, McCoy still faces the possibility of civil litigation from officers Roland Butler and Darnell Jessie, who were hospitalized following the fight. Jessie suffered an orbital fracture and his attorney, Fortunato "Fred" Perri, told ESPN's John Barr in February that his client was being treated by a neurologist. Butler suffered a broken nose and broken ribs.

Second, and more important to McCoy's availability this season, is the potential for NFL discipline.

The NFL's revised personal conduct policy, implemented in December 2014, allows the league to conduct its own probe of the incident and to impose punishment as it sees fit, regardless of the outcome of police investigations. That means McCoy won't be cleared by the NFL simply because law enforcement has declined to prosecute him.

"In cases where you are not charged with a crime, or are charged but not convicted, you may still be found to have violated the Policy if the credible evidence establishes that you engaged in conduct prohibited by this Personal Conduct Policy," the policy states.

The baseline suspension for a first offense in cases involving assault, as well as several other offenses, is six games. However, the policy states that "consideration [will be] given to any aggravating or mitigating factors."

In other words, NFL commissioner Roger Goodell will have flexibility in deciding how to discipline McCoy, if he chooses to do so.

There is a relatively small sample size of cases to consider since the policy came into effect late in the 2014 season.

The closest comparison to McCoy's case might be a felonious assault charge filed against Tennessee Titans wide receiver Justin Hunter last July as the result of a bar fight. The victim in the fight suffered a broken jaw but said at trial that it wasn't Hunter who landed the most serious blow. Hunter was found not guilty last September and the NFL has yet to impose any discipline against him.

Even when a suspension has been imposed, Goodell has not always opted for six games. He levied a 10-game ban against Dallas Cowboys defensive end Greg Hardy last April that was later reduced to four games. New York Jets wide receiver Quincy Enunwa received a four-game suspension last October, the result of a domestic violence arrest the previous year. Charges were dropped. Washington Redskins defensive end Junior Galette was hit with only a two-game suspension last November for a misdemeanor simple battery arrest in which charges were also dropped.

How Goodell acts against McCoy is anyone's guess, and the possibilities range from no discipline to a suspension of fewer than six games, a six-game suspension or a longer suspension. Even if McCoy is suspended, he could appeal the suspension. If he loses an appeal, he could take the matter to court, where stars such as Tom Brady have been successful in overturning discipline.

In the interim, the NFL also has the option of placing McCoy on the exempt list or on paid leave, but there is less urgency for the league to act at this point in its calendar. Players cannot report to voluntary offseason workouts until April 18 and there are no mandatory activities until mid-June.