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.
Apr 24, 2015, 11:35 PM EDT
The Dodgers made a couple of moves to make room for reliever Sergio Santos, called up on Friday.
Apr 24, 2015, 11:00 PM EDT
Hisashi Iwakuma is dealing with a strained right lat muscle.
Apr 24, 2015, 10:05 PM EDT
The Mets have lost for the first time since April 11.
Apr 24, 2015, 9:10 PM EDT
Michael Saunders should be activated from the disabled list by the Blue Jays on Saturday.
Apr 24, 2015, 8:15 PM EDT
Wandy Rodriguez is starting on Friday night against the Angels.
Apr 24, 2015, 7:27 PM EDT
Hamilton’s return to Texas is the best-case scenario
Apr 24, 2015, 6:55 PM EDT
Mets reliever Bobby Parnell won’t throw for a week as he experienced forearm tightness during his Tommy John rehab.
Apr 24, 2015, 5:55 PM EDT
The Angels and Josh Hamilton are reportedly parting ways.
Apr 24, 2015, 5:09 PM EDT
Bonus of Tommy John rehab: more time to study for your naturalization test.
Apr 24, 2015, 4:51 PM EDT
To be fair, the guy was being a jackwagon.
Rob Manfred was asked again about the leaks in the Josh Hamilton case. His answers weren’t much better.
Apr 24, 2015, 4:05 PM EDT
Two weeks ago he said there would be no investigation. No he says the league has “tried mightily” to figure out the leaks. Really?
Apr 24, 2015, 3:15 PM EDT
Yelich, who agreed to a seven-year, $49 million contract this spring, was off to a slow start by hitting .200 with zero homers and a .488 OPS through 11 games.
Apr 24, 2015, 3:05 PM EDT
A-Rod’s habit of destroying narratives explains an awful lot about why reporters have developed a habit of destroying A-Rod.
Apr 24, 2015, 2:49 PM EDT
That leaves Everth Cabrera and Jimmy Paredes as the Orioles’ double-play duo.
Apr 24, 2015, 12:40 PM EDT
“Too spongy, slow and lots of untrue hops”
Apr 24, 2015, 11:50 AM EDT
Papelbon’s exclusive interview with Jim Salisbury of CSNPhilly.com.
Apr 24, 2015, 11:32 AM EDT
But even if it’s successful, it may not do what he wants it to do.
Apr 24, 2015, 11:19 AM EDT
Allen Dykstra, who filled in for Loney at first base, is headed back to Triple-A.
Apr 24, 2015, 10:47 AM EDT
Parker has been aiming at an early June return to the A’s.
Apr 24, 2015, 10:30 AM EDT
“That guy I despise got the benefit of the legal process! What a bunch of bull!”
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