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.
Sep 3, 2015, 10:38 AM EDT
Not that either of those things are valid reasons to keep a guy out of the Hall of Fame.
Sep 3, 2015, 10:13 AM EDT
Considered by many to be the No. 1 prospect in baseball.
Sep 3, 2015, 9:25 AM EDT
But teams should be coming to him.
Sep 3, 2015, 7:55 AM EDT
Clayton Kershaw strikes out 15 as the Dodgers sweep the Giants.
Sep 3, 2015, 12:12 AM EDT
Justin Turner was going to be out by a mile on this ill-advised stolen base attempt in the bottom of the fourth inning Wednesday night at Dodger Stadium, but he got a little creative …
Sep 2, 2015, 11:45 PM EDT
There’s expected to be an update coming Thursday.
Sep 2, 2015, 10:38 PM EDT
Ruben Tejada scored an inside-the-park home run Wednesday at Citi Field when Phillies outfielder Domonic Brown flipped over the wall down the right field line in the bottom of the second inning …
Sep 2, 2015, 10:31 PM EDT
Nationals right-hander Stephen Strasburg was pulled after four rough innings Sunday against the Marlins with discomfort in his upper back, and now the injury is going to cost him his next rotation turn.
Sep 2, 2015, 9:44 PM EDT
It shows very poor planning on the part of the Twins’ decision-makers, who let Berrios throw 161 1/3 innings this season between Double-A Chattanooga and Triple-A Rochester …
Sep 2, 2015, 8:59 PM EDT
Cardinals right-hander Carlos Martinez was scratched from his scheduled start Tuesday night against the Nationals with what was described as a minor back issue.
Sep 2, 2015, 8:05 PM EDT
Arizona has a scheduled team off day Thursday, so Goldschmidt is only going to miss a game or two.
Sep 2, 2015, 7:22 PM EDT
Pujols is now just one of four players in the history of Major League Baseball to reach the 35-homer plateau in 10 of his first 15 major league seasons.
Sep 2, 2015, 6:30 PM EDT
Cabrera signed a minor league deal with San Francisco in mid-July after getting released by the Orioles.
Sep 2, 2015, 5:43 PM EDT
He said the job he did was “masterful.” You keep using that word. I do not think it means what you think it means.
Sep 2, 2015, 5:07 PM EDT
Left-hander Tyler Lyons will start in Wacha’s place against the Nationals.
Sep 2, 2015, 4:31 PM EDT
Franco has had a fantastic rookie season.
Sep 2, 2015, 3:05 PM EDT
“He’s our closer . . . Rooooosebuuuuuudddd”
Sep 2, 2015, 2:13 PM EDT
64/4 K/BB ratio in 60 innings.
Sep 2, 2015, 12:43 PM EDT
And, I would guess, it wont be such serious business here after a few years either.
Sep 2, 2015, 11:31 AM EDT
Of course their biggest problem is not going anyplace, as he owns the team.
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