The new PED evidence is sexy, but they can’t void A-Rod’s contract, and probably can’t even suspend him. Yet.

56 Comments

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 AMThe 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.

Jered Weaver dealing with “dead arm”

Tom Pennington/Getty Images
2 Comments

Padres starter Jered Weaver lasted just two-thirds of an inning in Wednesday afternoon’s Cactus League appearance against the Royals. He yielded four runs on three hits, throwing 31 pitches before getting pulled. His spring ERA now sits at an ugly 10.13.

Weaver said he’s been dealing with a “dead arm” since his last bullpen session, but added he’s dealt with the issue in previous springs, Dennis Lin of the San Diego Union-Tribune reports.

The Padres signed Weaver to a one-year, $3 million contract last month. The right-hander is coming off of the worst season of his 11-year career. His fastball averaged a career-low 83 MPH and he put up a 5.06 ERA with a 103/51 K/BB ratio in 178 innings.

Ian Kinsler doesn’t think Puerto Rico or Dominican Republic players play the game the right way

Jon Durr/Getty Images
21 Comments

Update: Whoops…

*

Earlier, Craig wrote about Dan Duquette’s dogwhistle language in his criticism of Blue Jays outfielder Jose Bautista. We have some more dogwhistling, this time coming from Tigers (and Team U.S.) second baseman Ian Kinsler. Via Billy Witz of The New York Times:

I hope kids watching the W.B.C. can watch the way we play the game and appreciate the way we play the game as opposed to the way Puerto Rico plays or the Dominican plays. That’s not taking anything away from them. That just wasn’t the way we were raised. They were raised differently and to show emotion and passion when you play. We do show emotion; we do show passion. But we just do it in a different way.

The goal of the World Baseball Classic, created by Major League Baseball, is to promote baseball across the globe. It’s players like Puerto Rico’s Javier Baez who are doing the best job in that regard, not boring white guys from the U.S. Potential baseball fans are not swayed into liking the sport when a player hits a home run and solemnly puts his head down to stroll the bases. They get excited and energized when players show emotion, flip their bats, celebrate. Baez did more to make baseball appeal to new and lapsed audiences with his premature celebration tag than the entire U.S. team has done this tournament.

Furthermore, it is hypocritical to want to diversify the sport’s audience while squelching incoming cultures.

Jim Leyland also got in on the action:

Go Puerto Rico.