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 21, 2014, 6:39 AM EDT
The Unwritten Rules strike again. Plus, I wish you all a happy Spring Thanksgiving.
Apr 20, 2014, 11:35 PM EDT
J.J. Hardy thought extension talks with the Orioles would have already been underway, but the club has been silent on the matter.
Apr 20, 2014, 10:55 PM EDT
Ryan Howard is one of the more unlikely candidates to hit for the cycle, but he was one friendly scorer away from the achievement on Sunday against the Rockies.
Apr 20, 2014, 10:05 PM EDT
You’ll be seeing this play at the end of the season when the season’s wackiest plays are reviewed.
Apr 20, 2014, 9:10 PM EDT
Oh, nothing, just Dexter Fowler being coached by arguably the greatest hitter in baseball history.
Apr 20, 2014, 8:25 PM EDT
Ryan Braun likes hitting in the state of Pennsylvania.
Apr 20, 2014, 7:55 PM EDT
Jeff Francoeur is known for his arm, but who knew he’d be useful as a pitcher?
Apr 20, 2014, 7:15 PM EDT
The Red Sox and Orioles teamed up for a touching tribute at Fenway Park on Sunday.
Apr 20, 2014, 6:58 PM EDT
40-year-old Bobby Abreu is expected to join the Mets on Monday.
Apr 20, 2014, 6:00 PM EDT
Chipper Jones is not a fan of Carlos Gomez.
Apr 20, 2014, 5:20 PM EDT
Dodgers ace Clayton Kershaw threw a 51-pitch, three-inning simulated game on Sunday in Los Angeles and could soon be cleared to embark on a minor league rehab assignment.
Apr 20, 2014, 4:12 PM EDT
The Cardinals have decided on a fill-in for starting pitcher Joe Kelly, who was placed on the 15-day disabled list Thursday with a strained left hamstring that he suffered Wednesday while trying to beat out a groundball. It’ll be 26-year-old lefty Tyler Lyons.
Apr 20, 2014, 3:07 PM EDT
A pretty vicious brawl just went down at PNC Park after Carlos Gomez of the Brewers went into home run celebration mode after slugging a Gerrit Cole pitch to the top of the center field wall …
Apr 20, 2014, 2:43 PM EDT
As first relayed by FOX Sports’ Ken Rosenthal, the Twins have claimed outfielder Sam Fuld off waivers from the A’s. Fuld was designated for assignment by Oakland last Saturday.
Apr 20, 2014, 1:51 PM EDT
MLB.com’s Carrie Muskat reports that Cubs top shortstop prospect Javier Baez is back in the lineup Sunday afternoon at Triple-A Iowa after missing a little over a week with soreness in his left ankle. He’ll serve as Iowa’s DH initially.
Apr 20, 2014, 1:08 PM EDT
Yankees first baseman Mark Teixeira is recovered from his Grade 1 right hamstring strain and is starting Sunday for the first time in over two weeks.
Apr 20, 2014, 12:14 PM EDT
The Tigers acquired Alex Gonzalez from the Orioles in late March after losing Jose Iglesias for the year and the veteran shortstop smacked a walkoff RBI single for Detroit on Opening Day. But he managed just three hits in 28 plate appearances after that and was officially released from the 25-man roster on Sunday.
Apr 20, 2014, 11:30 AM EDT
Jose Valverde allowed three runs in an inning of work Saturday night against the Braves — the latest in a string of rough outings. So manager Terry Collins decided Sunday morning to make a change …
Apr 20, 2014, 10:49 AM EDT
Yankees starter Ivan Nova has been diagnosed with a partially-torn ulnar collateral ligament in his right elbow — an injury that almost always leads to Tommy John surgery.
Craig Kimbrel struggles in return from right shoulder issue, apologizes for reaction to being pulled
Apr 20, 2014, 10:15 AM EDT
Craig Kimbrel was called on Saturday for the first time since complaining of discomfort in his shoulder last Monday. The appearance did not go smoothly.
- And That Happened: Sunday’s scores and highlights 0
- Boston Marathon heroes remembered with pregame ceremony at Fenway Park 8
- Benches clear in Pittsburgh after the Brewers’ Carlos Gomez bat flips a third-inning triple 162
- Yankees activate Mark Teixeira from the disabled list 6
- Ivan Nova diagnosed with a partially torn ulnar collateral ligament in his right elbow 30
- Hank Aaron is getting vile racist hate mail in retaliation for pointing out that racism still exists (249)
- “They Don’t Know Henry” (167)
- Benches clear in Pittsburgh after the Brewers’ Carlos Gomez bat flips a third-inning triple (162)
- Doug Glanville’s story about being racially profiled at his own home (127)
- There is still a racial divide in baseball (112)