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Photo: Michael Zagaris / Getty Images Image 1 of / 12 Caption Close Image 2 of 12 San Francisco 49er defensive end Ray McDonald is seen in an undated photo provided by the San Jose Police Department. McDonald, 29, was arrested early Sunday, Aug. 31, 2014 by San Jose Police on felony domestic violence charges. San Jose police Sgt. Heather Randol says McDonald was taken into custody after officers responded to a home in an upscale neighborhood. less San Francisco 49er defensive end Ray McDonald is seen in an undated photo provided by the San Jose Police Department. McDonald, 29, was arrested early Sunday, Aug. 31, 2014 by San Jose Police on felony ... more Photo: San Jose Police Department / Associated Press Image 3 of 12 In this Sept. 8, 2013, file photo, Green Bay Packers running back Eddie Lacy runs against San Francisco 49ers defensive tackle Ray McDonald. Only days after NFL Commissioner Roger Goodell cracked down on domestic violence offenses with far harsher penalties, McDonald might just become the first known case. He faces felony domestic violence charges for an incident during his 30th birthday party with teammates and friends Sunday, Aug. 31, 2014, when police say his alleged victim suffered "visible injuries." less In this Sept. 8, 2013, file photo, Green Bay Packers running back Eddie Lacy runs against San Francisco 49ers defensive tackle Ray McDonald. Only days after NFL Commissioner Roger Goodell cracked down on ... more Photo: Marcio Jose Sanchez / Associated Press Image 4 of 12 Seahawk quarterback Russell Wilson is sacked by Ray McDonald (91) in the first half. The San Francisco 49ers vs the Seattle Seahawks Sunday December 8, 2013 at Candlestick Park in San Francisco, Calif. Seahawk quarterback Russell Wilson is sacked by Ray McDonald (91) in the first half. The San Francisco 49ers vs the Seattle Seahawks Sunday December 8, 2013 at Candlestick Park in San Francisco, Calif. Photo: Brant Ward / The Chronicle Image 5 of 12 Image 6 of 12 Andrew Luck is sacked by Justin Smith and Ray McDonald in the first half. The San Francisco 49ers played the Indianapolis Colts at Candlestick Park in San Francisco, Calif., on Sunday, September 22, 2013. Andrew Luck is sacked by Justin Smith and Ray McDonald in the first half. The San Francisco 49ers played the Indianapolis Colts at Candlestick Park in San Francisco, Calif., on Sunday, September 22, 2013. Photo: Carlos Avila Gonzalez / The Chronicle Image 7 of 12 Ray McDonald stands on the field before their game against the Denver Broncos at Candlestick Park on August 8, 2013. Ray McDonald stands on the field before their game against the Denver Broncos at Candlestick Park on August 8, 2013. Photo: Ezra Shaw / Getty Images Image 8 of 12 Justin Smith and Ray McDonald of the San Francisco 49ers sit on the bench during the game against the St. Louis Rams at the Edward Jones Dome on September 26, 2013. Justin Smith and Ray McDonald of the San Francisco 49ers sit on the bench during the game against the St. Louis Rams at the Edward Jones Dome on September 26, 2013. Photo: Michael Zagaris / Getty Images Image 9 of 12 San Francisco 49ers defensive tackle Ray McDonald (91) kneels on the practice field during NFL football mini-camp in Santa Clara, Calif., Wednesday, June 18, 2014. San Francisco 49ers defensive tackle Ray McDonald (91) kneels on the practice field during NFL football mini-camp in Santa Clara, Calif., Wednesday, June 18, 2014. Photo: Jeff Chiu / AP Image 10 of 12 Image 11 of 12 Ian Williams (93) and Ray McDonald (91) stood together as practice began in Santa Clara, Calif. The San Francisco 49ers held their first practice since returning from Baltimore Wednesday August 13, 2014. Ian Williams (93) and Ray McDonald (91) stood together as practice began in Santa Clara, Calif. The San Francisco 49ers held their first practice since returning from Baltimore Wednesday August 13, 2014. Photo: Brant Ward / San Francisco Chronicle Image 12 of 12 Ray McDonald case tests 49ers moral compass 1 / 12 Back to Gallery

(Updated with correction on Ray Rice case)

The 49ers are directly in the crosshairs this week.

They are a test case. For the NFL. For the nation. For themselves. And they’ll be judged accordingly.

In a horrific instance of poor timing, Ray McDonald is the first test case for the NFL’s new domestic abuse policy. After a month of national discussion about how the NFL produces so many abusers, coddles them and quickly looks the other way, Commissioner Roger Goodell finally took action last week, instituting a tough policy. About 60 hours later, McDonald was arrested for felony domestic abuse at 3 a.m. Sunday morning.

A serious, tense Jim Harbaugh addressed McDonald’s playing status on Wednesday, in his regular weekly session with the media. He reiterated that he has no tolerance for domestic abusers on his team. But he deflected any decision on what to do about McDonald by waving the “due process” flag.

“It’s in the Constitution,” Harbaugh said testily, after taking a rhetorical poll of reporters to see who opposed due process. “Fifth Amendment.”

For those who don’t have a Bill of Rights handy, the Fifth Amendment protects citizens against unfair treatment by the government in the legal process. I searched and couldn’t find a single word that said an employer could not choose to discipline or suspend an employee while awaiting a legal outcome.

But the 49ers, desperate to shore up their decimated defense and eager to win their opening game in Dallas, are turning to the Constitution rather than making a decision on their own.

This isn’t just a test case for Goodell’s new policy. It’s yet another test case for the 49ers own moral compass. And, as you might recall, the team failed pretty badly with their last prominent exam, regarding Aldon Smith.

After plowing into a tree at twice the legal limit at 7 a.m. on a Friday last September, Aldon Smith was back on the practice field a few hours later and then played every single defensive snap in a game two days later. At the time the 49ers insisted they couldn’t suspend Smith, because that was up to the league. Due process in Smith’s case, despite his numerous violations, wasn’t completed until last July, ten months later.

Harbaugh and general manager Trent Baalke wanted Smith to help them win (which they didn’t). They, accurately, appeared to be tone-deaf mercenaries, with little concern about the team’s image, the overall message or any ramifications beyond the field.

Baalke insists that the Smith and McDonald cases have no relation to each other. But they do because now Baalke and Harbaugh will be making the decision on McDonald. Though both have taken a firm vocal stand against domestic violence, they don’t have a lot of credibility when it comes to balancing the desire to win versus sending a message to a player.

Truth is, this should not be an issue dealt with by the football department. But Jed York did not return a text from me asking for comment and neither he nor his parents nor team president Paraag Marathe have offered any visible leadership this week. In the old days, former team president Carmen Policy would have been front and center taking responsibility, articulating team policy and deflecting the heat from the football people, whose only job is to win games.

But these aren’t the old days. This is a 49ers team that leads the league in arrests over the past three years. To say that’s embarrassing to the franchise is an understatement.

“I take full responsibility,” Harbaugh said. “The greatest share of the responsibility. We continue to do our best. Our best needs to be better.”

Nobody knows what happened early Sunday morning at McDonald’s house. As Harbaugh said, the facts are still being gathered. According to the police report summary – all SJPD would release is a summary – the victim had visible injuries. Some of McDonald’s teammates were there, but they may not be reliable witnesses. It’s amazing how some 49ers cavalierly excused Smith’s DUI last year. The wheels of San Jose’s official investigation could grind slowly with the case involving the 49ers, the South Bay’s new celebrity resident.

So who knows how long “due process” will take. But the 49ers have other reasons to be concerned. McDonald already has a DUI on his record, from 2010. The 49ers could discipline him this week for poor judgment – sports teams do that kind of thing all the time. Many employees would be suspended from work following an arrest for a felony or be forced to take a leave of absence before “due process” was completed. Again, it happens all the time.

The domestic violence case that triggered the discussion by a nation horrified at the image of huge, muscle-layered behemoths beating women, belonged to Ray Rice. Rice was charged with aggravated assault but reached a plea deal that erased the charge from his record, something Ravens fans hid behind to defend him. That didn’t mean he didn’t commit a crime. There are gray areas and legal nuances in every case.

Some of the 49ers brass privately expressed outrage that Rice got off so easily while Smith was expected to be hammered by the league. Now, that they have their own domestic violence issue to deal with, they’re running the Constitution up the flagpole.

This is a test for their moral compass and the needle is spinning wildly.