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.
Mar 28, 2015, 6:25 PM EDT
Giants minor league catcher Matt Paré discussed the thrifty lifestyles minor league players are forced into.
Mar 28, 2015, 5:30 PM EDT
Rodriguez is now batting .306 (11-for-36) with three home runs, a double and a .925 OPS across 15 games this spring.
Mar 28, 2015, 5:18 PM EDT
Lucas Duda is coming off a breakout year with the Mets and the two sides are now discussing a contract extension.
Mar 28, 2015, 4:13 PM EDT
Gregorius injured his wrist Saturday while trying to dive for a ground ball in the second inning.
Mar 28, 2015, 3:40 PM EDT
Doubront really struggled during Cactus League action, allowing nine runs on 17 hits (including two home runs) in seven innings across four appearances.
Mar 28, 2015, 2:51 PM EDT
Freeman owns a 3.33 ERA with a 61/34 K/BB ratio over 70 1/3 innings in the majors.
Mar 28, 2015, 2:15 PM EDT
The Orioles will already be without Matt Wieters on Opening Day as he makes his way back from Tommy John surgery and now suddenly J.J. Hardy’s status is also in question.
Mar 28, 2015, 1:32 PM EDT
Lindstrom, who was in camp this spring on a minor league contract, posted an ugly 11.12 ERA and 5/4 K/BB ratio over 5 2/3 innings during Cactus League action.
Mar 28, 2015, 12:45 PM EDT
Thorpe, 19, owns a 2.80 ERA and 179/54 K/BB ratio over his first 157 2/3 innings in pro ball.
Mar 28, 2015, 12:00 PM EDT
Yordano Ventura was recently named as the Royals’ Opening Day starter and he had a heck of a tuneup in his latest Cactus League outing last night.
Mar 28, 2015, 11:01 AM EDT
Phillies closer Jonathan Papelbon said last month that he would be interested in a trade to the Blue Jays and it appears that the possibility might still have some legs.
Mar 28, 2015, 10:11 AM EDT
Pelfrey owns an ugly 5.56 ERA in 34 starts dating back to 2013.
Mar 28, 2015, 9:30 AM EDT
An MRI showed “something” in Christian Vazquez’s right elbow.
Mar 28, 2015, 8:57 AM EDT
This isn’t what you want to hear with the start of the season just one week away.
Mar 27, 2015, 11:55 PM EDT
Marcus Stroman will be a proud college graduate the next time he takes the mound for the Blue Jays.
Mar 27, 2015, 11:05 PM EDT
The Mets are likely to open the regular season without Daniel Murphy at second base.
Mar 27, 2015, 10:15 PM EDT
Alex Rios says he’ll have to manage his thumb injury throughout the duration of the 2015 season.
Mar 27, 2015, 9:25 PM EDT
Jeff Francoeur threw out Alex Rodriguez at the plate. It’s 2015, not 2011.
Mar 27, 2015, 8:35 PM EDT
The Twins reportedly have a bit of interest in free agent reliever Rafael Soriano.
Mar 27, 2015, 7:45 PM EDT
Domonic Brown is battling an Achilles injury, leaving him unlikely to play on Opening Day.
- 2015 Preview: Chicago White Sox 14
- Did David Ortiz admit to more than he realized with his Players’ Tribune editorial? 81
- 2015 Preview: Atlanta Braves 15
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” 115
- 2015 Preview: Chicago Cubs 14
- Unsigned 2014 No. 1 overall pick Brady Aiken undergoes Tommy John surgery 61
- 2015 Preview: Seattle Mariners 15
- Cardinals add “OT” patch for Oscar Taveras 76
- Ex-Cardinals outfielder Curt Ford was assaulted in St. Louis and told to “go back to Ferguson” (116)
- College baseball player cut after making offensive tweet about Mo’ne Davis (115)
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” (115)
- Rob Manfred says it would be hard to reinstate Pete Rose in a limited way (89)
- Mo’ne Davis says college ballplayer who wrote an offensive tweet about her deserves a second chance (88)