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.
Sep 17, 2014, 11:45 PM EDT
Yankees setup man Dellin Betances has broken a franchise record that Mariano Rivera set in 1996.
Sep 17, 2014, 10:43 PM EDT
Watch as new Red Sox outfielder collects the first hit of his major league career Wednesday night at PNC Park on a hot shot that Pirates second baseman Neil Walker couldn’t quite handle …
Sep 17, 2014, 9:59 PM EDT
CSNPhilly.com’s Jim Salisbury hears that Phillies have “legitimate interest” in signing Cuban slugger Yasmani Tomas, whose price tag is expected to top $100 million.
Sep 17, 2014, 9:17 PM EDT
Jon Heyman of CBSSports.com reports that the Brewers intend to exercise their half of a $14 million mutual option on Aramis Ramirez for the 2015 season. But will the veteran third baseman exercise his half?
Sep 17, 2014, 8:50 PM EDT
His worst career slump remains 0-for-32 in 2004.
Sep 17, 2014, 8:23 PM EDT
Carlos Beltran has been excused from the Yankees to deal with a private family matter, according to MLB.com beat reporter Bryan Hoch, with manager Joe Girardi saying Wednesday afternoon that the veteran will be given “as much time as he needs.”
Sep 17, 2014, 7:49 PM EDT
Sep 17, 2014, 7:41 PM EDT
Watch as Matt Duffy smacks this pinch-hit two-run single in the top of the ninth inning Wednesday at Arizona’s Chase Field to put the Giants ahead of the Diamondbacks for good …
Sep 17, 2014, 7:19 PM EDT
Raburn parlayed a very productive season in a part-time role with the Indians last year into a two-year deal, but he hit just .200 with four homers and a .547 OPS in 74 games.
Sep 17, 2014, 6:50 PM EDT
After playing fewer than 100 games in each of the previous four years Navarro has had a solid season as Toronto’s primary catcher, hitting .282 with 12 homers and a .734 OPS in 131 games at age 30.
Sep 17, 2014, 6:34 PM EDT
As first reported by Jim Bowden of ESPN and SiriusXM, the Cardinals have cleared right-hander Michael Wacha to return to the starting rotation this Saturday evening against the visiting Reds.
Sep 17, 2014, 6:18 PM EDT
Perkins had a 2.44 ERA with just two homers allowed and a 64/9 K/BB ratio in his first 55 innings, but in his last eight appearances he’s given up 10 runs–including five homers–in 6.1 innings for a 14.21 ERA and .429 opponents’ batting average.
Sep 17, 2014, 5:17 PM EDT
Stanton, who hit .288 with a league-leading 37 homers and a league-leading .950 OPS before the injury, will end up missing the final 17 games of the season.
Sep 17, 2014, 5:12 PM EDT
Forget it, Jake. It’s Colorado.
Sep 17, 2014, 4:51 PM EDT
After a solid first half Teixeira has batted .179 with 43 strikeouts in 42 games since the All-Star break.
Sep 17, 2014, 4:16 PM EDT
Still not as bad as his golf swing.
Sep 17, 2014, 3:53 PM EDT
Good to see MLB make the smart call and suspend Stroman for headhunting.
Sep 17, 2014, 3:30 PM EDT
The Nationals starters are getting a breather today.
Sep 17, 2014, 3:15 PM EDT
Altuve is on pace for the most hits in a season since …
Sep 17, 2014, 3:00 PM EDT
Pedants of the World Unite!
- Video: Rusney Castillo notches his first major league hit 1
- Michael Wacha cleared to return Saturday vs. Reds 0
- Marlins officially shut down Giancarlo Stanton for the season 5
- Umpire Joe West suspended for one game for his part in the Jonathan Papelbon incident 54
- And That Happened: Tuesday’s scores and highlights 83
- Jose Altuve breaks Craig Biggio’s franchise record, tallying his 211th hit of the season 12
- Orioles beat Blue Jays to clinch AL East title 38
- Tanner Roark dominates as Nationals clinch NL East 22
- Chris Davis suspended 25 games for amphetamine use (92)
- Giancarlo Stanton diagnosed with multiple facial fractures and dental damage (91)
- Bud Selig can’t remember the last domestic violence incident in Major League Baseball (88)
- A couple of initial thoughts on the Chris Davis suspension (83)
- And That Happened: Tuesday’s scores and highlights (83)