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 3, 2015, 7:45 PM EDT
The Athletics haven’t used Josh Reddick much against left-handed starters. Reddick isn’t too happy with that, despite his results against southpaws.
Jul 3, 2015, 6:55 PM EDT
Jameson Taillon was getting pretty close to returning to action for the Pirates, but an inguinal hernia has knocked him back on the shelf.
Jul 3, 2015, 6:05 PM EDT
The Cubs acquired Clayton Richard from the Pirates and he’ll start for the club on Saturday.
Jul 3, 2015, 4:40 PM EDT
Jul 3, 2015, 3:52 PM EDT
Both he and the White Sox have disappointed this year, but he could help a contender.
Jul 3, 2015, 3:11 PM EDT
Chamberlain has posted a 4.09 ERA and an ugly 1.682 WHIP in 30 appearances this year. Gorzelanny has been even worse.
Jul 3, 2015, 2:13 PM EDT
$3.5 million will be paid out . . . to charity.
Jul 3, 2015, 2:05 PM EDT
He’s only had six plate appearances since being recalled in late June.
Jul 3, 2015, 1:00 PM EDT
And, someone, Tony La Russa placed in this thing.
Jul 3, 2015, 11:37 AM EDT
He changed his mind.
Jul 3, 2015, 10:01 AM EDT
“We’ll leave it at that.”
Jul 3, 2015, 9:11 AM EDT
He has a 2.56 ERA and a 72/31 K/BB ratio over 102 innings on the season.
Jul 3, 2015, 8:30 AM EDT
He wasn’t hit hard, but the Braves hit ’em where they weren’t.
Jul 3, 2015, 6:38 AM EDT
Scott Kazmir dominated the Mariners last night.
Jul 2, 2015, 11:28 PM EDT
League hasn’t pitched in the majors this season due to a shoulder injury.
Jul 2, 2015, 10:39 PM EDT
The Reds are expected to be sellers, but GM Walt Jocketty said Thursday that third baseman Todd Frazier isn’t going anywhere.
Jul 2, 2015, 9:23 PM EDT
After pitching into the seventh inning in his major league debut against the Rangers last Saturday, Blue Jays left-hander Matt Boyd failed to record an out in his start tonight against the Red Sox.
Jul 2, 2015, 8:26 PM EDT
Freeman hopes to return right after the All-Star break, but he acknowledges that it’s a “best-case scenario.”
Jul 2, 2015, 7:28 PM EDT
Bradley has been out for a month with right shoulder tendinitis.
Jul 2, 2015, 6:31 PM EDT
Jay has already had one stint on the disabled list this season due to his nagging wrist injury.
- The Yankees, A-Rod resolve their dispute over the $6 million milestone bonus 24
- Yankees donate $150,000 to charity to get Alex Rodriguez his 3,000th hit ball 16
- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno 78
- Settling the Scores: Thursday’s results 53
- Breaking: Cardinals fire their scouting director, likely due to the Astros hacking scandal 61
- Bryce Harper is naked in ESPN’s “Body Issue” 54
- Today is the day: Marlins ace Jose Fernandez returns from Tommy John surgery 4
- A-Rod, the Yankees and the union in talks to direct his $6 million home run bonus to charity 29
- Settling the Scores: Sunday’s results (99)
- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno (79)
- What Yasiel Puig being a pain in the butt means. And what it doesn’t mean. (78)
- Report: Jerry Dipoto “definitely out” as Angels GM (77)
- Brian Dozier is the best second baseman in baseball (72)