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.
Jul 30, 2014, 8:22 PM EDT
Derek Jeter’s farewell tour continued Wednesday night at Globe Life Park in Arlington, Texas with another set of retirement gifts.
Jul 30, 2014, 7:37 PM EDT
CBS Sports’ Jon Heyman reports that the Blue Jays are targeting Indians shortstop Asdrubal Cabrera — who is known to be available — and would ask him to play second base.
Jul 30, 2014, 6:49 PM EDT
Oscar Taveras has been mentioned as a possible centerpiece in trade talks this week for top-tier starting pitchers like David Price and Jon Lester, but if Cardinals general manager John Mozeliak is to be believed that was all speculation from the outside.
Jul 30, 2014, 6:13 PM EDT
The 44-64 Astros could jump into this seller-friendly market before Thursday’s 4 p.m. ET trade deadline. Joel Sherman of the New York Post reports that Houston is “looking to move” first baseman and designated hitter Chris Carter.
Jul 30, 2014, 5:06 PM EDT
Now that it’s clear he can’t ramp up for 2014, the Mets have cleared Matt Harvey to throw.
Jul 30, 2014, 4:46 PM EDT
White Sox reliever Nate Jones has been on the disabled list with a back injury since the first week of the season, but now he’s got an even bigger problem.
Jul 30, 2014, 4:30 PM EDT
It’s been a rumor for a good while, but now it’s going where rumors go when they die.
Jul 30, 2014, 4:00 PM EDT
The very essence of the trade deadline just played out on Twitter
Jul 30, 2014, 3:51 PM EDT
Injuries derailed what was a very promising career for Chavez while with the A’s, but he bounced back and got healthy enough to thrive in part-time roles for the Yankees and Diamondbacks.
Jul 30, 2014, 3:32 PM EDT
Felix Doubront made it clear that he wanted the Red Sox to either put him back into the starting rotation or trade him, and then he went out and had a terrible relief appearance that many took to mean he was trying to push a trade.
Jul 30, 2014, 2:59 PM EDT
A few minutes ago we thought this man could soon be a Fish. Now it seems unlikely. HAPPY TRADE DEADLINE!
Jul 30, 2014, 2:44 PM EDT
Zeid pitched well for the Astros as a 26-year-old rookie last season, but struggled mightily this season with a 6.97 ERA in 23 appearances.
Jul 30, 2014, 2:32 PM EDT
They’ve been rumored to be in on all the big names, but now it sounds as if they’re out.
Jul 30, 2014, 2:25 PM EDT
Cleveland turned down Justin Masterson’s attempted contract extension offer back in spring training–balking at what seemed to be reasonable terms at the time–and now the Indians are trading the impending free agent to the Cardinals, according to Peter Gammons of MLB.com.
Jul 30, 2014, 2:00 PM EDT
And no mention of Lester because I legit thought he’d get traded in between the time we taped this and the time it went live.
Jul 30, 2014, 1:45 PM EDT
Orioles prospect Dylan Bundy would probably already be in the majors to stay if not for blowing out his elbow last season, but now the former No. 1 pitching prospect in baseball is struggling while rehabbing in the minors.
Jul 30, 2014, 1:30 PM EDT
But the Padres may be playing hard to get.
Jul 30, 2014, 1:13 PM EDT
Earlier this week Pirates manager Clint Hurdle talked about looking into the “mental component” of Pedro Alvarez’s throwing problems in an effort to get the third baseman back on track defensively. And now Alvarez is out of the lineup for a second straight day despite being healthy.
Jul 30, 2014, 1:00 PM EDT
Serious allegations made against the current minor leaguer.
Jul 30, 2014, 12:27 PM EDT
A major reshaping of the Red Sox rotation could be afoot.
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- There’s a “very good chance” the Red Sox trade Lackey and Lester 51
- Hey, Rube: Phillies pay dearly for Amaro’s misguided loyalty 78
- And That Happened: Tuesday’s scores and highlights 56
- Dodgers announce Vin Scully will return for 2015 season 51
- Jon Lester scratched Wednesday amid trade speculation 38
- Rays are “talking and willing” to trade ace lefty David Price; Cardinals and Dodgers interested 41
- Phillies wanted Joc Pederson, Corey Seager, and Julio Urias from Dodgers for Cole Hamels 95
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- The Nationals and Orioles dispute over TV money is about to explode (104)
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