Ezekiel Elliott's appeal of his six-game suspension by the NFL will be heard Tuesday in New York, and the Cowboys have excused the running back from practice Monday and Tuesday to prepare and attend. The Cowboys will also have a representative attend the hearing, according to Cowboys executive vice president Stephen Jones.
NFL Commissioner Roger Goodell ruled that Elliott used physical force against former girlfriend Tiffany Thompson in three separate incidents in July 2016. Elliott has issued a statement that he strongly disagrees with the league's findings from a year-long investigation.
Elliott's representatives will not have the chance to examine Thompson at Tuesday's hearing, a source confirmed Friday. Harold Henderson, who is the arbitrator appointed by Goodell, denied the request by Elliott's side. A request for NFL investigators' notes was also denied, the source said.
The NFL appeals process isn't the same as in a court of law. It's possible Elliott's representatives could argue lack of due process if they are not satisfied with the findings of the appeal and decide to sue in federal court and seek an injunction that would allow Elliott to continue to play in the meantime.
Jones said the Cowboys would not make a filing on Elliott's behalf and that he didn't know when Henderson would rule on the appeal.
Elliott will play in his only preseason action Saturday night against the Oakland Raiders. The Cowboys also play Thursday at Houston before beginning regular-season preparation the following week for the opener against the New York Giants on Sept. 10.
"I would assume, yes, (Elliott will practice) until a decision is made," Jones said. "The timing with the league, as we all know, there is no such thing as timing, so I wouldn't want to speculate what their timing is."
