AROD May Be Banned from Baseball?!?!

[Exhibitman]

If MLB and MLBPA are serious about getting the game cleaned up they could resolve the problems with three simple things in the CBA:

1. Give teams the option of voiding the balance of multi-year contracts of officially punished PED users;

2. Mandate WADA random testing of any player caught using PEDs for the rest of his career; and

3. Mandate a morals clause in every contract that requires the signatory to swear under penalty of perjury that he hasn't used PEDs and that expressly states that the club is relying on that representation of fact in choosing to enter into the agreement. If he is proven to have violated that condition, the club could then go to court and seek to void the contract for fraud independent of MLB discipline.

Look, if I had the skills and needed a boost before free agency, I'd use PEDs give the slap on the wrist sanctions in place. As it stands now, a guy like Braun can take a penalty that represents a third of his income for his least lucrative contract year, rest up until next year, and then come back and get paid the balance of his contract. That isn't a deterrent, it is a cost of doing business, like the anticipated cost of killing and maiming a certain number of people every year from exploding Ford Pinto cars rather than fixing the gas tank. Players like these a-holes need a hammer like punitive damages hanging over their heads so that they aren't tempted to make a cost-benefit analysis in the first place. "Oh no you don't" clauses are commonplace to prohibit risky activities like motorcycling or playing basketball, so why not for PED use?

[ctownboy]

Exhibitman,

In this thread or the Ryan Braun thread, I said a similar thing and amde a similar proposal.

For a first time infraction, the player is banned for one year and his contract is voided. When he comes back, he gets a one year deal, at league minimum pay and there can be no incentive clauses or anything which allows him to make any extra money from baseball during that year.

For a second violation, the cheater has his contract voided (again) and he is banned from baseball for life. This means no consideration for the Hall Of Fame. No working as a coach, manager, special assistant or ANYTHING to do with MLB.

take away the greed and ego factors and most of these guys will stop using PED's.

Oh yeah, one other thing, if MLB has the goods on these players and they have broken the law, turn over the evidence to the Feds or local police and let them face criminal charges.

David

[HOF Auto Rookies]

Originally Posted by Exhibitman

If MLB and MLBPA are serious about getting the game cleaned up they could resolve the problems with three simple things in the CBA:

1. Give teams the option of voiding the balance of multi-year contracts of officially punished PED users;

2. Mandate WADA random testing of any player caught using PEDs for the rest of his career; and

3. Mandate a morals clause in every contract that requires the signatory to swear under penalty of perjury that he hasn't used PEDs and that expressly states that the club is relying on that representation of fact in choosing to enter into the agreement. If he is proven to have violated that condition, the club could then go to court and seek to void the contract for fraud independent of MLB discipline.

Look, if I had the skills and needed a boost before free agency, I'd use PEDs give the slap on the wrist sanctions in place. As it stands now, a guy like Braun can take a penalty that represents a third of his income for his least lucrative contract year, rest up until next year, and then come back and get paid the balance of his contract. That isn't a deterrent, it is a cost of doing business, like the anticipated cost of killing and maiming a certain number of people every year from exploding Ford Pinto cars rather than fixing the gas tank. Players like these a-holes need a hammer like punitive damages hanging over their heads so that they aren't tempted to make a cost-benefit analysis in the first place. "Oh no you don't" clauses are commonplace to prohibit risky activities like motorcycling or playing basketball, so why not for PED use?

As much as I would love to see that terminology in the contracts, I don't think players will agree to that, but I hope they do and maybe the union can get some leverage into that.

[ctownboy]

I used to work in the financial services industry. I had to get a drug test before I was hired. I had to agree to being randomly tested (if they thought I was doing drugs) and they could fire me for a failed test. There was nothing athletic about my job. I am sure there are other professions where tkaing a drug test and failing it would also get you fired.

Now, if I (and others) had to go through that then I would think that if enough fans made enough of a stink about steroids and PED's then MLB and the Players Association would be able to hammer out a contract where players would get their contract voided or terminated for a failed test.

If the two sides couldn't or didn't agree about this then it would show which side was serious about getting the cheaters out of baseball and which wasn't.

David

[t206blogcom]

Will today be the day we finally get the verdict?

[barrysloate]

A-Rod has officially been banned through the end of the 2014 season...although it goes into effect August 8. Can't imagine he'll play the next three games, but who knows.

It's fair to say his career is over. Is he really going to come back right before his 40th birthday after having missed two whole seasons?

[bbsports]

If George was alive today, what would he do with A-Rod?

[t206blogcom]

So he'll fight it and end up with a lifetime ban, which he deserves in my opinion.

[nolemmings]

They will tweak it downward as a result of the appeal, either the arbitrator himself or by a consensual agreement. They're handing him a what, 211 game suspension? Seems a little arbitrary if not capricious, doesn't it? If Selig wants to use the best interests of baseball clause of the CBA, go ahead and watch the manure fly; otherwise, by what authority do you discipline a previously unpunished player 211 games?

[CaramelMan]

Originally Posted by nolemmings

They will tweak it downward as a result of the appeal, either the arbitrator himself or by a consensual agreement. They're handing him a what, 211 game suspension? Seems a little arbitrary if not capricious, doesn't it? If Selig wants to use the best interests of baseball clause of the CBA, go ahead and watch the manure fly; otherwise, by what authority do you discipline a previously unpunished player 211 games?

I think said he got so many games because he tried to interfere with their investigation and he was the ring leader of biogenesis...and it was the third time he was caught...

MLB drug tests were antiquated..any player could take stuff that wouldnt be detected...."I never failed a drug test" is no longer a valid player argument..
MLB wised up and finally acted without a drug test (which rarely worked).

[nolemmings]

MLB wised up and finally acted without a drug test (which rarely worked).

That's the point--they can't. They can't bargain and sign off on a document that says this is what will happen if you fail a drug test--first, second and third time--and then outright ignore what's in the document and, as importantly, impose what is not in the document. If you want to say that an admission or conviction is the same as a failed drug test, fine, then let's see where that goes. Then if you want to say you did it three times and therefore we can stack these offenses and treat them as three then try that--sounds arbitrary as hell to me, especially since you know those other offenders violated on more than one simple occasion and are being treated differently, and no one previously has been treated in this manner. Even then, though, you have to show me where it says three strikes equals 211 games-- it doesn't. If you think you have four or more offenses, show me what the punishment is then. If there is anything on point, I seriously doubt it says 211 games.

Finally, if you want to throw that impeding investigation stuff in there then show me what authority allows you to suspend for that. If it's the best interests of baseball clause, then bring it on and let (most) everything out in the open as would be allowed under a challenge to the CBA. Selig did not invoke that clause.

[pgellis]

Originally Posted by nolemmings

They will tweak it downward as a result of the appeal, either the arbitrator himself or by a consensual agreement. They're handing him a what, 211 game suspension? Seems a little arbitrary if not capricious, doesn't it? If Selig wants to use the best interests of baseball clause of the CBA, go ahead and watch the manure fly; otherwise, by what authority do you discipline a previously unpunished player 211 games?

Todd,
I couldn't agree with you more. He is getting more than 4x the amount of games as the other players. Now, if he were given a 50 game ban along with the others, I'm fairly confident he would take his punishment like the rest of them. But they are trying to make a statement with him. It is very arbitrary and will not fly. The best interest of baseball clause is too vague and will not stand.

I heard today that the result of his appeal will not be determined until November. So, he will be playing for the rest of the 2013 season.

It's funny how Yankee fans want him banned for life because of his contract. If he were playing great or only making $ 1 million, it wouldn't be a big deal to Yankee fans.

The funniest thing is that when he hits 14 more HRs, he will pass Willie Mays and be due another $6 million bonus for passing Mays. Atta boy Hank Steinbrenner, serves him right for trying to profit off an ARod run to break the career HR record.

[CMIZ5290]

Interesting, but I heard he was suspended until the end of the 2014 season. Has anyone heard anything different?

[EvilKing00]

FULL DISCLOUSURE: Im NOT a Yankee fan, I actually hate the Yankees.

He should of been given a 50 game just like everyone else. He didn't and never has (at least when it counted) tested positive. Everyone got 50. no wait , Braun got 65. OK, Braun did test positive, got caught, got off lied cost a innocent guy his job and got 65 days.

Arod should get 50. BUT.....

If MLB gave him 50 or even 65 im sure he would of gotten suspended, weather he accepted it asap, or if he appealed it he would of lost. but, whit this just DUMB 211 game suspension, I think he may and should win his appeal.

What rule has a 211 game suspension? I have heard the 50, 100 and even a life time ban. But each you still need to test positive. MLB I think has shot them selves in the foot. You make the rules you should play by them.

[CharleyBrown]

Steve,

From my understanding, the lengthy suspension was not just due to the PEDs, but due to his blatant attempts to destroy evidence and cover up his wrongdoings in order to interfere with any sort of investigation.

Originally Posted by EvilKing00

FULL DISCLOUSURE: Im NOT a Yankee fan, I actually hate the Yankees.

He should of been given a 50 game just like everyone else. He didn't and never has (at least when it counted) tested positive. Everyone got 50. no wait , Braun got 65. OK, Braun did test positive, got caught, got off lied cost a innocent guy his job and got 65 days.

Arod should get 50. BUT.....

If MLB gave him 50 or even 65 im sure he would of gotten suspended, weather he accepted it asap, or if he appealed it he would of lost. but, whit this just DUMB 211 game suspension, I think he may and should win his appeal.

What rule has a 211 game suspension? I have heard the 50, 100 and even a life time ban. But each you still need to test positive. MLB I think has shot them selves in the foot. You make the rules you should play by them.

[ullmandds]

Well...it looks like AROID is starting tonight...so about 1/2 of us/y'all were right...not me...I was hoping he'd never play again!!!

[Leon]

Originally Posted by ullmandds

Well...it looks like AROID is starting tonight...so about 1/2 of us/y'all were right...not me...I was hoping he'd never play again!!!

That wasn't the question. I would have hoped he didn't play again but I thought he would, so I voted that way.

[barrysloate]

He hit a single his first time up...bloop over the shortstop's head. I guess he'll take it.

[HRBAKER]

I bet Anthony Weiner is glad Arod is back.

[Bocabirdman]

Let us not forget that ARod is an old man with a PED-riddled body. He likely has little left. Remember, he was pinch hit for with games on the line in the playoffs last year, bad hip not-withstanding. I don't believe he would be starting on a contending team. If he wasn't ARod, with that contract, the Yanks would have cut him already.

[Brian Van Horn]

This is a farce. Throw this bum out.

[EvilKing00]

Originally Posted by CharleyBrown

Steve,

From my understanding, the lengthy suspension was not just due to the PEDs, but due to his blatant attempts to destroy evidence and cover up his wrongdoings in order to interfere with any sort of investigation.

yea I know, but was that collectively bargained? Do they have a rule for that with a set number of days for suspension? Im really interested to see where they got the 211 days from...That's going to be an issue.

[CaramelMan]

Originally Posted by EvilKing00

yea I know, but was that collectively bargained? Do they have a rule for that with a set number of days for suspension? Im really interested to see where they got the 211 days from...That's going to be an issue.

They didn't pick 211 games....his offenses were so egregious, so much more than the other players, they suspended him for TWO seasons...the 211 is what is just happens to be...

It would have been 214 if it wasn't for the National....they had their decisions made by Friday but they were talked into waiting until the National was over...nothing to spoil card buying like steroids...thus the Monday announcement.

With Aroid, they never discussed the specific amount of games, they discussed in terms of YEARS.. They had that much evidence.

Notice not 1 of the other 12 players is fighting it, since they saw the conclusive evidence against them.

Just because it didn't go through a court or jury doesn't mean MLB has a weak case....they have an IRONCLAD case...MLBPA IS NOT FIGHTING ANYTHING, only AROID is fighting. His ego got hi in this mess and it continues to hurt him.

[CharleyBrown]

In the passing conversations I have had with both the MLBPA General Counsel (I have taught his daughter for the last 2 years), and an MLB investigator working the case (family friend), MLB has a very strong case against A-Rod with evidence that goes well beyond the PEDs, and into obstruction.

I know that the MLBPA has advocated for A-Rod in a major way the past year, but I can't say I know exactly how the 211 game suspension was determined. I wouldn't be surprised if the MLBPA's patience is wearing thin with A-Rod, as he continues to pursue his own agenda. I believe Selig wants him out of baseball entirely, as he really is the posterchild of the PEDs era (that is still actively playing). I think they figure that if he's out for all of next season, it will be difficult for him to come back.

As he appeals the process, I think the # of games will drop, but he will at least miss all of next year.

[CharleyBrown]

Originally Posted by CaramelMan

They didn't pick 211 games....his offenses were so egregious, so much more than the other players, they suspended him for TWO seasons...the 211 is what is just happens to be...

It would have been 214 if it wasn't for the National....they had their decisions made by Friday but they were talked into waiting until the National was over...nothing to spoil card buying like steroids...thus the Monday announcement.

With Aroid, they never discussed the specific amount of games, they discussed in terms of YEARS.. They had that much evidence.

Notice not 1 of the other 12 players is fighting it, since they saw the conclusive evidence against them.

Just because it didn't go through a court or jury doesn't mean MLB has a weak case....they have an IRONCLAD case...MLBPA IS NOT FIGHTING ANYTHING, only AROID is fighting. His ego got hi in this mess and it continues to hurt him.

+1

[auggiedoggy]

Well, now we all know that this druggie will play the rest of the season until his case is heard in November. What a joke! He shouldn't be allowed to play until his case is resolved, which would basically mean his days would be finished in the Majors.

Apparently cheaters DO prosper.

[EvilKing00]

Originally Posted by CaramelMan

They didn't pick 211 games....his offenses were so egregious, so much more than the other players, they suspended him for TWO seasons...the 211 is what is just happens to be...

It would have been 214 if it wasn't for the National....they had their decisions made by Friday but they were talked into waiting until the National was over...nothing to spoil card buying like steroids...thus the Monday announcement.

With Aroid, they never discussed the specific amount of games, they discussed in terms of YEARS.. They had that much evidence.

Notice not 1 of the other 12 players is fighting it, since they saw the conclusive evidence against them.

Just because it didn't go through a court or jury doesn't mean MLB has a weak case....they have an IRONCLAD case...MLBPA IS NOT FIGHTING ANYTHING, only AROID is fighting. His ego got hi in this mess and it continues to hurt him.

yes I know they didn't "pick" 211, and they just didn't want to see him for the rest of this year and next, but is this in the rules to do so? other players didn't fight it cause they all got what the "rule" says 50 games. except for Brawn, who was out right loud and demanding he did nothing, DID fail a test and got some poor guy fired for doing nothing wrong. They 4x arod. Look im not saying he dosnt deserve it, just saying #1 is it leagle? #2 did MLB make a big mistake doing this, cause if the judge (arbitrator) sees this is too much im not sure, if either #1 - he can suspend him for a lesser amount of games OR if the case is just dismissed and arod gets set free.