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 EST
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.
Dec 18, 2014, 11:27 PM EST
It took long enough, but Matt Kemp has finally been traded to the Padres.
Dec 18, 2014, 11:00 PM EST
Get excited, I guess.
Dec 18, 2014, 9:30 PM EST
The Padres continue to overhaul their lineup while the A’s continue to unload.
Dec 18, 2014, 8:46 PM EST
Young, 29, batted .302 with seven home runs and .779 OPS (120 OPS+) over 255 plate appearances this past season.
Dec 18, 2014, 7:50 PM EST
Lowe began his career with Seattle and had his best season with the club in 2009.
Dec 18, 2014, 6:41 PM EST
Is this the beginning of the end for the Tampa Bay Rays?
Dec 18, 2014, 6:07 PM EST
Johnson missed the entire 2014 season after undergoing Tommy John surgery in late April.
Dec 18, 2014, 6:00 PM EST
Does Ichiro really have one more year left in him?
Dec 18, 2014, 5:40 PM EST
Veteran catching depth.
Dec 18, 2014, 5:17 PM EST
Giavotella is a career .315 hitter with an .835 OPS and as many walks as strikeouts in nearly 2,000 plate appearances at Triple-A.
Dec 18, 2014, 4:47 PM EST
He’s probably not the one who knocks. Indeed, this crew seemed so amateurish he probably called first to make sure it was a good time for everyone.
Dec 18, 2014, 4:17 PM EST
It started with an argument over candy.
Dec 18, 2014, 3:34 PM EST
Between Cuba and North Korea, it’s been a big couple of days for communism. Let’s see what communists thought about baseball once upon a time.
Dec 18, 2014, 3:18 PM EST
Medlen missed all of this year recovering from his second Tommy John elbow surgery.
Dec 18, 2014, 3:00 PM EST
What a difference a day makes.
Dec 18, 2014, 2:38 PM EST
Rollins is not tied to Kemp, at least not entirely.
Dec 18, 2014, 1:06 PM EST
Baseball card collecting in the post-bicycle spokes, pre-crash world of the 1980s.
Dec 18, 2014, 12:17 PM EST
And the Padres “continue to consult medical experts.”
Dec 18, 2014, 11:39 AM EST
Let’s pump the brakes a bit on the imminent MLB takeover of Cuba.
Dec 18, 2014, 10:47 AM EST
Quotes from manager Buck Showalter.
- Matt Kemp has officially been traded to the Padres 18
- Padres acquire catcher Derek Norris from Athletics 30
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site 81
- What will the future of Cuban players in MLB look like? 25
- Royals sign Edinson Volquez for two years, $20 million 29
- Rays, Padres, Nationals agree to 11-player trade 97
- Sergio Romo re-signs with the Giants for $15 million 15
- So, apparently we’re sweating the Matt Kemp physical now 46
- Baseball’s highest-ranking Hispanic woman employee sues for discrimination (163)
- The United States will seek to normalize relations with Cuba (144)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (111)
- Rays, Padres, Nationals agree to 11-player trade (97)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)