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.
Mar 4, 2015, 11:20 AM EST
Billingsley hasn’t pitched in a big-league game since way back in April of 2013.
Mar 4, 2015, 11:05 AM EST
Today’s news sucks for Joel Hanrahan, but it’s a good basis for an explainer.
Mar 4, 2015, 10:52 AM EST
Wieters underwent Tommy John elbow surgery in June.
Mar 4, 2015, 10:15 AM EST
Now that David Price is out of the picture the Rays need a new Opening Day starter.
Mar 4, 2015, 9:59 AM EST
. . . it’s worth remembering that Schilling himself has some issues when it comes to sensitivity and enlightenment on social media.
Mar 4, 2015, 9:30 AM EST
Let us applaud one writer’s brave effort to battle the beast that is A-Rod Derangement Syndrome.
Mar 4, 2015, 9:03 AM EST
Juan Marichal’s got nothin’ on this pitcher from Murray State.
Mar 4, 2015, 8:24 AM EST
Terrible news that will keep Joel Hanrahan off the mound for at least another year.
Mar 4, 2015, 6:54 AM EST
I wasn’t aware that one could “disagree” with facts. But there we are.
Mar 3, 2015, 10:57 PM EST
It was a successful afternoon in pretty much every way at Fenway South. Except maybe one …
Mar 3, 2015, 9:44 PM EST
The expectation is that he will have to sit out the entire 2015 season.
Mar 3, 2015, 8:31 PM EST
The deal does not include an invitation to major league spring training, so Beato won’t be under consideration for one of the spots in the Orioles’ Opening Day bullpen.
Mar 3, 2015, 7:28 PM EST
Yoenis Cespedes made his presence felt around Tigers camp with this fourth-inning grand slam in Tuesday afternoon’s Grapefruit League opener against the visiting Orioles …
Mar 3, 2015, 6:32 PM EST
He can be solid rotation depth for some team.
Mar 3, 2015, 5:46 PM EST
Kang hit .356 with 40 homers in Korea last season.
Mar 3, 2015, 4:15 PM EST
Because, if he does, David Wright and Bobby Parnell are gonna go kick his butt.
Mar 3, 2015, 3:54 PM EST
Unless someone gets injured, spring training game results don’t matter a bit. But they are a reminder that everyone starts from square one each season. No matter how well they ended the season before.
Mar 3, 2015, 3:15 PM EST
Johnson made the All-Star team in 1970 and went on to win the batting championship by hitting .329, marking his third straight season with a batting average above .300.
Mar 3, 2015, 2:48 PM EST
He was only 52.
Mar 3, 2015, 2:10 PM EST
Baseball has officially started, but opinions on pants vary.
- Daniel Murphy on Billy Bean: “I do disagree with the fact that Billy is a homosexual” 230
- Blue Jays sign Dayan Viciedo to a minor league deal 8
- Chris Sale will be sidelined for three weeks with foot fracture 11
- Aramis Ramirez says 2015 will be his last year 32
- Francisco Rodriguez re-signs with the Brewers 9
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 307
- Pirates open to massive extension for Andrew McCutchen 18
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 86
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (307)
- Daniel Murphy on Billy Bean: “I do disagree with the fact that Billy is a homosexual” (234)
- Curt Schilling lowers the boom on some men tweeting threats against his daughter (136)
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks (131)
- Ichiro is happy to be away from Joe Girardi (88)