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Source: NFLPA denied notes in Ezekiel Elliott's suspension appeal

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Elliott's guilt or innocence irrelevant in appeal (1:56)

Bill Polian explains that arbitrator Harold Henderson will be checking to see that the collective bargaining agreement was followed in punishing Cowboys RB Ezekiel Elliott. (1:56)

FRISCO, Texas -- Arbitrator Harold Henderson has denied a request from the NFL Players Association to make available the notes of NFL investigators and the Columbus, Ohio, authorities in the case of Dallas Cowboys running back Ezekiel Elliott prior to Tuesday's suspension appeal hearing, according to a source.

Henderson also denied the NFLPA's request that Tiffany Thompson, Elliott's former girlfriend, participate in the appeal hearing, the source said, confirming a report by Pro Football Talk.

Henderson, who was chosen by NFL commissioner Roger Goodell to hear Elliott's appeal, said Kia Roberts, the NFL's director of investigations, and Lisa Friel, the senior vice president/special counsel for investigations, will be part of Tuesday's hearing.

Elliott has been suspended for the first six games of the season for violating the NFL's personal conduct policy for an alleged domestic violence incident with Thompson. At the time the suspension was announced, the league said there was "persuasive" evidence that Elliott used physical force against Thompson.

Last summer, the Columbus city attorney's office chose not to file charges against Elliott because of inconsistent evidence, but the league's personal conduct policy has a lower burden of proof than the legal system.

Cowboys executive vice president Stephen Jones said Elliott has been excused from practice next Monday and Tuesday to attend the appeal. Jones said the Cowboys would not make a filing on Elliott's behalf prior to the hearing, but the team will have a representative in New York.

"He's got his representatives that work with him on that," Jones said. "Obviously he'll go up and work on his side of that, and [the Cowboys are] certainly supportive of that."

After the hearing Tuesday, both sides will have to file final arguments by Sept. 1, which could create some issues with Elliott's spot on the Cowboys' roster since final cuts come Sept. 2.

According to Article 46 of the collective bargaining agreement, there is no set timeframe in which a decision must be rendered.

If Henderson does not make a decision by Sept. 2, Elliott will continue to be on the Cowboys' roster and eligible to play the Sept. 10 season opener. However, the expectation is that a ruling will be made before the game.

It is possible the Cowboys would have to carry Elliott on their initial roster and cut a player to fit under the 53-man limit by Sept. 2. If the suspension is upheld or even reduced, Elliott would be moved to the reserve/suspended list, and the Cowboys would gain a roster spot.

It is not clear whether the Cowboys would receive a roster exemption until Henderson makes a ruling.