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.
Jan 28, 2015, 12:16 PM EST
Baker was once a solid starting catcher for the Marlins, but he’s been mostly injured for the past five seasons.
Jan 28, 2015, 11:45 AM EST
Blanton called it quits in April after getting released by the Angels and struggling at Triple-A for the A’s.
Jan 28, 2015, 11:33 AM EST
Though, really, since 1987, Al Campanis has been.
Jan 28, 2015, 11:03 AM EST
Dave McKenna of Deadspin looks into the investigation and why it has gone seemingly nowhere.
Jan 28, 2015, 10:50 AM EST
Janssen saved 81 games from 2012-2014.
Jan 28, 2015, 10:15 AM EST
At age 41 he’ll be joining the Marlins in a backup role, playing behind starting outfielders Giancarlo Stanton, Marcell Ozuna, and Christian Yelich.
Jan 28, 2015, 9:00 AM EST
Complications with new regulations may soon be ironed out.
Jan 28, 2015, 6:32 AM EST
Why yes, it is the darkest week of the offseason. Why do you ask?
Jan 27, 2015, 10:50 PM EST
Marc Topkin of the Tampa Bay Times has the update …
Jan 27, 2015, 9:41 PM EST
If you expected new Major League Baseball commissioner Rob Manfred to either expand the DH rule to the National League or eliminate it altogether, you can probably stop now.
Jan 27, 2015, 8:28 PM EST
Dan Connolly of the Baltimore Sun reports that the Orioles have completed a trade for Pirates outfielder Travis Snider. Pittsburgh’s return is a player to be named later and 21-year-old pitching prospect Stephen Tarpley.
Jan 27, 2015, 7:44 PM EST
Tom Haudricourt of the Milwaukee Journal Sentinel reported Saturday that the Brewers’ negotiations for Phillies closer Jonathan Papelbon were “definitely on life support, at best,” but it sounds like there has been some rekindling of that fire early this week.
Jan 27, 2015, 6:39 PM EST
The Rangers and Red Sox have swapped 25-year-old pitchers.
Jan 27, 2015, 6:19 PM EST
The Orioles have failed in their pursuit of several free agent outfielders this offseason, so they might now be turning to the trade market to fill the need.
Jan 27, 2015, 5:10 PM EST
He hasn’t worked with the Astros since 2010.
Jan 27, 2015, 4:40 PM EST
Crawford requested $3.95 million and the Giants countered at $2.4 million.
Jan 27, 2015, 4:13 PM EST
They’re coming in bunches lately.
Jan 27, 2015, 3:55 PM EST
Tulowitzki is owed $114 million for the next six seasons and Gonzalez is owed $53 million for the next three seasons.
Jan 27, 2015, 2:48 PM EST
Welcome to the future, man.
Jan 27, 2015, 2:22 PM EST
Specifically, a reduction in size of an area of land protected in order to help keep drinking water clean
- Nationals sign former Blue Jays closer Casey Janssen 6
- Ichiro Suzuki’s deal with the Marlins is worth $2 million 3
- Orioles acquire outfielder Travis Snider from Pirates 27
- Not so fast on the Bud Selig Hall of Fame talk 50
- Blue Jays sign president and CEO Paul Beeston to extension through 2015 26
- Reds sign four-year contract extension with Devin Mesoraco 11
- The Yankees are going to try to get out of paying A-Rod his contract incentives 82
- How Commissioner Rob Manfred Can Make Baseball More Appealing 60
- Bud Selig: The Greatest Commissioner in the History of Baseball (146)
- Rob Manfred, new Major League Baseball commissioner, suggests ban on defensive shifts (118)
- Why “Deflategate” would never happen in baseball (93)
- The Yankees are going to try to get out of paying A-Rod his contract incentives (82)
- Comments of the Day: some of you guys aren’t big Bud Selig fans (77)