Dave Naylor: Chad Kelly, agent, undecided about appealing CFL’s nine-game suspension

The agent for suspended Toronto Argonauts quarterback Chad Kelly says he and his client are reviewing the CFL’s appeal process but have not yet decided whether to appeal the suspension of at least nine games the league imposed on Tuesday fined the player for violating their policies on gender-based violence.

“We were surprised by the CFL’s disciplinary decision and will address the appeal process,” Chris Lambiris wrote in a text. “We will continue to research further facts regarding the decision before issuing a more detailed statement.”

If Kelly appeals the suspension, the league cannot prevent him from being with his team, including attending games, until an arbitrator schedules a hearing and makes a decision. This process could take weeks.

The Argonauts could also choose to suspend Kelly while the appeal process is underway. The club did not comment on the matter on Tuesday.

Training camps begin this week and the Argonauts play their first regular season game on June 9 at BMO Field.

Kelly’s suspension is based on the findings of an 87-page independent report commissioned by the league after a former Argonauts assistant strength and conditioning coach filed a lawsuit in February alleging sexual harassment by Kelly and wrongful dismissal asserted by the football team.

Under the terms of his suspension, Kelly’s return to duty is contingent on him undergoing a confidential evaluation by an independent expert and attending mandatory counseling sessions conducted by a gender-based violence expert.

At the end of this process, Kelly will be re-evaluated, with the league reserving the right to change his discipline if it is dissatisfied with his commitment and progress.

“Players are the ambassadors of our great game,” CFL Commissioner Randy Ambrosie said in a statement released by the league Tuesday afternoon. “They are expected to be leaders in the locker room and role models in the community. It was important that we did our due diligence to properly investigate this matter from all aspects. This in-depth investigation found that Mr. Kelly clearly violated the CFL’s gender-based violence policy.

“Mr. Kelly’s suspension is the direct result of his behavior. The addition of mandatory counseling focuses on his need for self-reflection and understanding of his actions. He must take full advantage of this opportunity for personal growth in order to return to the CFL.”

Kelly, 30, is the nephew of Pro Football Hall of Famer Jim Kelly and the CFL’s reigning Most Outstanding Player. He entered the league in 2022 as the Argos backup quarterback after years of indiscretions that followed him from high school to the NFL, where he was the last pick of the draft in 2017.

It was widely reported at the time that Kelly’s draft stock declined in large part due to questions about his character off the field.

Kelly’s indiscretions before joining the CFL included being dismissed from his team at Clemson University in 2014 for conduct detrimental to the team and being dismissed from the NFL by the Denver Broncos after pleading guilty to second-degree trespassing because he broke into the wrong apartment while drunk. Party at teammate Von Miller’s house.

In Canada he seemed to take full advantage of the fresh start that the Argonauts gave him.

Kelly first rose to prominence in the CFL when she came off the bench during that season’s Gray Cup game and led the Argonauts to a victory over the Winnipeg Blue Bombers.

That was followed by an outstanding 2023 season that not only earned him MOP honors but also a new contract that made him the CFL’s highest-paid player.

The former Argos strength and conditioning coach has alleged a pattern of harassment from Kelly that began with unwanted romantic advances and escalated to instances of threatening language. She also claims the Argos failed to act when they learned of Kelly’s behavior.

These claims have not been proven in court.

The former coach filed an amended complaint April 2 in Ontario Superior Court in Toronto. TSN does not publish the names of alleged victims of abuse and harassment without their permission. She is seeking $80,000 from Kelly and a total of $85,714 from the Argonauts.

Ambrosie announced on February 28, seven days after the original lawsuit was filed, that an independent investigator had been hired to investigate the allegations.

The Argonauts and Kelly each filed statements of defense related to the lawsuits last week. Kelly’s defense statement states that he “denies ever making any romantic or sexual advances toward plaintiff.”

In the Argonauts’ statement of defence, the club insists that the complainant, who was not hired after the 2023 season, had a fixed-term contract and was not obliged to continue her employment.

The team’s defense statement also said the football club “has no knowledge of any conduct by Kelly that violates the CFL’s gender-based violence policy or violates the Ontario Human Rights Code.”

The CFL statement released Tuesday does not absolve the team of responsibility for matters involving Kelly and says that “the facts presented by investigators regarding the conduct of the Toronto Argonauts in this matter will be discussed with the club.”