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.
May 27, 2015, 8:23 PM EDT
Santos had registered an underwhelming 4.73 ERA, 1.50 WHIP, and 15/7 K/BB ratio in 13 1/3 innings this season of relief for the Dodgers.
May 27, 2015, 7:18 PM EDT
Just call him Jimmy “The Jet” Paredes.
May 27, 2015, 6:25 PM EDT
Peguero was designated for assignment by the Rangers on May 20 after batting .186/.310/.414 with four home runs and nine RBI in 84 plate appearances.
May 27, 2015, 5:19 PM EDT
Adams was off to a slow start this season, but he’s hit .277 with a .770 OPS in 320 games for the Cardinals since debuting in 2012.
May 27, 2015, 5:09 PM EDT
Everything ends badly. Otherwise it wouldn’t end.
May 27, 2015, 4:34 PM EDT
A bad season for the A’s is starting to look worse.
May 27, 2015, 4:19 PM EDT
The incident is alleged to have occurred this past weekend.
May 27, 2015, 4:01 PM EDT
Crazy things are happening in Minnesota.
Felix Hernandez and Chris Archer dueled. Chris Archer, by one measure, pitched better. Felix Hernandez won.
May 27, 2015, 3:36 PM EDT
Game scores are interesting things. Wins — the team kind, anyway — are far more satisfying.
May 27, 2015, 2:30 PM EDT
And Missouri continues to represent well.
May 27, 2015, 2:18 PM EDT
De Aza played very well for the Orioles down the stretch last season.
May 27, 2015, 1:49 PM EDT
Verlander will start Sunday at Triple-A.
May 27, 2015, 12:50 PM EDT
Several reports last week had the Angels in the market for outfield help.
May 27, 2015, 12:36 PM EDT
“A multimedia show featuring a virtual Selig.” Yes, that’s actually a thing.
May 27, 2015, 11:50 AM EDT
He’s about 11 months removed from Tommy John surgery.
May 27, 2015, 11:19 AM EDT
Coke signed a one-year, $2.25 million deal with the Cubs this offseason.
May 27, 2015, 11:01 AM EDT
And you think my A-Rod trolling kung-fu is the best. Heck, I’m an amateur.
May 27, 2015, 10:47 AM EDT
Adams hurt his quadriceps while running out a double.
May 27, 2015, 10:30 AM EDT
He has three homers and is hitting .283/.353/.500 in 14 Triple-A games. At the age of 20.
May 27, 2015, 10:15 AM EDT
Last month the Rays released right-hander Grant Balfour from his $7 million big-league contract and then re-signed him to a minor-league deal.
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- Buster Olney: The Marlins should hire A-Rod to be their next manager 43
- Breaking down the Braves-Dodgers trade 16
- And That Happened: Tuesday’s scores and highlights 34
- So that Juan Uribe trade to the Braves is back on … 11
- Ruben Amaro apologizes for comments about fans, admits he may have been late on rebuild 24
- Jonathan Lucroy expected to rejoin the Brewers on Monday 0
- More drama in Miami: Marlins demote third base coach Brett Butler after “confusion” over signs 35
- And That Happened: Wednesday’s scores and highlights (133)
- And That Happened: Thursday’s scores and highlights (96)
- Ichiro Suzuki passes Babe Ruth on the all-time hits list (76)
- And That Happened: Monday’s scores and highlights (71)
- Ruben Amaro dismisses fans who “bitch and complain” about the Phillies’ moves (71)