The new PED evidence is sexy, but they can’t void A-Rod’s contract, and probably can’t even suspend him. Yet.
Jan 29, 2013, 9:35 AM EDT
UPDATE: I missed this on my first reading of the JDA, but Section G provides for suspensions by the Commissioner for “just cause.”
A Player may be subjected to disciplinary action for just cause by the
Commissioner for any Player violation of Section 2 above not referenced in Section 7.A
through 7.F above.
The question, then, is what constitutes “just cause.” While I think this would give MLB some justification to attempt to move, I stand by what I said below: there would be significant pushback on whether this news report is “just cause,” and A-Rod or others would fight any action based on it alone. This will require greater evidence and information, and likely someone — be it the players or the doctors who prescribed or someone else — to put more meat on the bones of this report.
9:35 AM: The Miami New Times story implicating A-Rod, Nelson Cruz and others with a PED clinic in Miami is big news. It sheds a lot of light on PED use by major players and the overall availability of PEDs in baseball. The pipelines like BALCO and now Biogenesis are a pretty big deal, and they’re certainly something MLB has an interest in investigating and news organizations should have an interest in reporting.
But let’s be clear about one thing: this news should not and likely will not have any direct, immediate bearing on A-Rod or any of the other players named as far as immediate discipline.
The Joint Drug Agreement (“JDA”) provides one means and one means only for suspensions: positive drug tests. Now, those drug tests can be scheduled or random. Or they can be instituted based on “reasonable cause.” From page 12 of the JDA:
In the event that either Party has information that gives it reasonable cause
to believe that a Player has, in the previous 12-month period, engaged in the use,
possession, sale or distribution of a Performance Enhancing Substance (including
hGH) or Stimulant, the Party shall provide the other Party, either orally or in
writing, with a description of its information (“Reasonable Cause Notification”),
and the Player will be subject to an immediate urine and/or blood specimen
collection, or a program of testing, as determined by the IPA, to commence no
later than 48 hours after the Reasonable Cause Notification was provided.
Nowhere in the JDA does it provide for suspensions or any other kind of discipline based purely on non-testing evidence like reports, tips or the like. What’s more, there is an appeal process involved where the player subject to reasonable cause testing can dispute whether there was, in fact, reasonable cause.
As this relates to A-Rod, Nelson Cruz and the others named in the report: MLB could very well demand a drug test from them within 48 hours of learning this information (and remember we don’t know whether MLB is learning this today or knew already). That’s it. If I’m representing those players, though, I argue strongly that a newspaper report like this is not “reasonable cause” and make an arbitrator figure that out. That’s how it would play out.
What will not happen is MLB summarily suspending any of these players, the Yankees voiding A-Rod’s contract or anything else. Such steps would be outside the scope of the league or the team’s power and it would result in major litigation.
Against that backdrop, if anyone — like, say, a columnist or reporter who wants to pile on A-Rod — starts beating the “void the contract” or “suspend him for life” drum in the next couple of days, they’re full of it or they’re being emotional or they’re grandstanding and no matter which of those it is, they should not be taken seriously.
Aug 29, 2014, 12:26 PM EDT
Could one or both of them be gone before the 2015 season begins?
Aug 29, 2014, 12:00 PM EDT
Afterwards, the pitching machine talked about wanting to work on his offspeed stuff because all big league hitters can turn on a fastball.
Aug 29, 2014, 11:30 AM EDT
An addendum to yesterday’s post.
Aug 29, 2014, 10:49 AM EDT
The AL it’s clear cut because there is a monster candidate. In the NL it’s because one guys is the least bad of many bad options.
Aug 29, 2014, 10:03 AM EDT
Commandment Number One of being a professional athlete: don’t let anyone know you’re not a fan of your team’s city.
Aug 29, 2014, 9:31 AM EDT
Which, in all likelihood, will be his last start for the Cardinals this year.
Aug 29, 2014, 8:47 AM EDT
A big housing unit for the Big Unit.
Aug 29, 2014, 7:35 AM EDT
And an ice cream sandwich — used for taunting purposes — was involved.
Aug 29, 2014, 6:58 AM EDT
Yet another protested game in a week full of protests. This one isn’t going anywhere, though.
Aug 28, 2014, 11:02 PM EDT
Herrera, who was acquired from the Pirates in the Marlon Byrd deal last August, was batting .340/.406/.560 with 10 homers and 48 RBI over 61 games in Double-A this season.
Aug 28, 2014, 10:21 PM EDT
Outman had a 3.28 ERA and 24/16 K/BB ratio over 24 2/3 innings with the Indians this season.
Aug 28, 2014, 9:42 PM EDT
Every time Alex Gordon steps to the plate at Kauffman Stadium these days, fans chant, “M-V-P, M-V-P,” which is fascinating on so many levels.
Aug 28, 2014, 8:57 PM EDT
Vic Black has emerged as an effective late-inning bridge for the Mets this season, but now he’s headed to the 15-day disabled list with a herniated disk in his neck.
Aug 28, 2014, 8:05 PM EDT
The expectation is that Castillo will get some major league experience in September.
Aug 28, 2014, 7:09 PM EDT
Gomes suffered the concussion last Thursday when he was hit in the catcher’s mask by a deflected ball.
Aug 28, 2014, 6:20 PM EDT
The struggling Wright hasn’t played since leaving Sunday’s game with neck spasms.
Aug 28, 2014, 5:47 PM EDT
Nolan Reimold has been claimed off waivers for the second time in a month, going from the Orioles to the Blue Jays and now to the Diamondbacks.
Aug 28, 2014, 5:17 PM EDT
This is just sad.
Aug 28, 2014, 5:01 PM EDT
It’s five o’clock. Let’s end the work day with a big bunch of arguing, ok?
Aug 28, 2014, 4:52 PM EDT
There was no perfect game involved and in fact the 46 batters stretched over the course of eight appearances. Mark Buehrle held the previous record of 45 back in 2009.
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