Linebacker Ahmad Brooks remains on the 49ers’ 53-man roster after being excused from team activities for more than a week after facing criminal charges.
The NFL said on Saturday that Brooks will remain eligible to play while the legal process runs its course.
"Based upon our investigation to date, we determined that placing Ahmad Brooks on the Commissioner's Exempt List was not warranted," NFL spokesman Brian McCarthy told CSNBayArea.com. "Our review will continue during the legal proceedings and we will examine all available information from the court under the Personal Conduct Policy."
Speaking on a conference call later in the day, 49ers coach Jim Tomsula said he expects Brooks to practice on Monday and play on Sept. 14 against the Minnesota Vikings in the regular-season opener at Levi's Stadium.
Only the NFL has the power under the league’s personal conduct policy to clear Brooks off the 49ers' 53-man roster for a period of time by placing him on leave or the exempt list, if the NFL determines the situation warrants such an action. Adrian Peterson and Greg Hardy were placed on that list last season as they waited conclusions to their legal cases.
The 49ers released a statement on Saturday:
“We have been in close communication with the league and a preliminary status decision has been made regarding Ahmad Brooks. Ahmad will remain on the active roster. In addition to the steps the organization has taken to this point, both the judicial and the league process under the Personal Conduct Policy will continue. Those processes will dictate any further action.”
Brooks was sent back to the Bay Area on Aug. 27 when the Santa Clara District Attorney’s office charged him with misdemeanor sexual battery stemming from an alleged December incident at the home of former 49ers player Ray McDonald.
The 49ers were in Colorado last week for two practices and an exhibition game against the Denver Broncos at the time the charge was filed. Brooks has been excused from all team activities since the he was charged with the crime.
A lawsuit filed by the alleged victim in May claimed surveillance video at McDonald’s house showed, “While she was unconscious from a subsequent fall, Brooks groped her person in a sexual manner."
Brooks took part in all team activities in the eight months since the alleged incident because he was neither arrested nor charged with a crime, 49ers general manager Trent Baalke said. The 49ers met with Brooks after the allegation in the suit surfaced and he became active in the organization’s player engagement program.
Meanwhile, fullback Bruce Miller continues to be under review for discipline under the NFL’s policy on personal conduct after pleading no contest to disturbing the peace more than two months ago.