They could conceivably call the harlot as a witness and have her state what he said. That would not be hearsay, nor would it be derived from the tape, unless used to refresh her memory. Lots of permutations here.
Re: the bylaws, the NBA can't prove conduct detrimental unless they can prove conduct. PR damage is not "conduct". Conduct is a regular word, not a legal concept, look it up. But, as I said, don't try this at home, please. You'll only drive yourself crazy for no reason.
Thanks for the link, I'll see what it says.
No the press clippings are the meat. Whether or not what they’re reporting is true is besides the point. The point is his actions allowed this firestorm of bad press, that’s the part that matters.
Here’s the clause Silver is using:
The clause that mentions $2,500,000 is 24 (l) on p. 38:
The Commissioner shall, wherever there is a rule for
which no penalty is specifically fixed for violation thereof, have the
authority to fix such penalty as in the Commissioner’s judgment shall
be in the best interests of the Association. Where a situation arises
which is not covered in the Constitution and By-Laws, the
Commissioner shall have the authority to make such decision,
including the imposition of a penalty, as in his judgment shall be in the
best interests of the Association. The penalty that may be assessed
under the preceding two sentences may include, without limitation, a
fine, suspension, and/or the forfeiture or assignment of draft choices.
No monetary penalty fixed under this provision shall exceed
$2,500,000.
They don’t really need to prove the conduct, the unbecoming is a slam dunk and the coverage has his name all over it. It’ll work similar to the NFL’s personal conduct policy, the vast majority of player’s suspended under that have never even faced charges, forget convictions, so there’s absolutely no proof they did anything wrong except generate a bunch of bad press, which “reflects negatively on the league” so they get suspended.
The only path Sterling has is to prove he was 100% not at fault, that all the coverage was lies and he said nothing untoward. To do that HE would need to bring the tape and establish it wasn’t him. He’s got nothing to stand on. His punishment is within the structure of the bylaws.