AROD May Be Banned from Baseball?!?!

[EvilKing00]

I don't see how he can get banned for life for PED use. Hes never tested positive. 1 failed test gets 50 games, a second gets 100 games.

Im sure they have a lot on him, maybe signed canceled checks, or order forms etc, maybe even cought on camera. So, like braun he should take a deal.

MLB prob wanted 100 games from braun, and they settled for 65 with no fight.

When suspended the player DOSNT get paid for the time hes on suspension. Do you think arod is going to walk away from 120million left on his deal? he will be back when if the question. Should take a deal now and come back when its over & collect his money.

[ScottFandango]

Originally Posted by EvilKing00

I don't see how he can get banned for life for PED use. Hes never tested positive. 1 failed test gets 50 games, a second gets 100 games.

Im sure they have a lot on him, maybe signed canceled checks, or order forms etc, maybe even cought on camera. So, like braun he should take a deal.

MLB prob wanted 100 games from braun, and they settled for 65 with no fight.

When suspended the player DOSNT get paid for the time hes on suspension. Do you think arod is going to walk away from 120million left on his deal? he will be back when if the question. Should take a deal now and come back when its over & collect his money.

Arod will not have a choice in the matter....

he is nailed and MLB will do with him what they please....

LIFETIME BAN (supported by and favored by the Yankees Front Office)

Brian cashman HATES THIS GUY!

[yanks12025]

He's gonna play this weekend so not sure why people vote for him not playing. Even if he gets banned for life he's going to appeal the decision, so he'll be able to play while appealing. They already said appeal decisions won't be till months/next season.

[autograf]

They more or less said that about Braun too..........if Arod can avoid banishment and come to some deal, I see him doing it THIS year since he's not in the best physical shape and he'll have to play into that. Just my opinion.......not entirely sure he has much mojo left though and he'll be a wallflower come HOF time with Sosa, Palmeiro, McGwire, Bonds, et al......

[conor912]

Despite my previous comment, I think it's pretty hard to justify banning when he's never even been suspended once. What kind of message does THAT send?

[Deertick]

I heard that Arod took out an 'end of career' insurance policy that guaranteed him the value of his contract.

Why would someone do that? It is a guaranteed contract. Even if he cuts a leg off, the Yanks have to pay. Unless he was betting the come on getting banned....

[Sean]

Jim, interesting terminology. And if you are correct about that policy, that would be very revealing.

[iwantitiwinit]

I just bet a guy at work $200 he gets more than 100 games (pre-appeal), watcha think?

[ScottFandango]

Originally Posted by conor912

Despite my previous comment, I think it's pretty hard to justify banning when he's never even been suspended once. What kind of message does THAT send?

a GREAT MESSAGE!

if MLB gets rid of the once PRINCE OF BASEBALL, then anyone can go...

this should scare the rest of the players straight!

[HOF Auto Rookies]

According to the JDA (Joint Drug Agreement),

‘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.’

So, the issue with this is what and how do they define ‘just cause.’ Is it the reports, biogenesis etc. Do they trust the word of Bosch?
The JDA provides two means only for suspensions: positive drug tests and reasonable cause. The tests can be scheduled, random, or based on ‘reasonable cause.’

Section 3 paragraph C,

‘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.’

To date, baseball has only suspended players for positive tests (until Braun). Now, they CAN, under the JDA, suspend players for participating in the sale or distribution of a prohibited substance (Sec. 7, paragraph E-F). The issue with this is that they are statements form Bosch, whether or not they believe is sufficiently substantiated, I don’t know. If any suspensions were to happen, the player’s union would argue that you can’t go jump from a 50-game suspension to 100-games.

MLB could have tested these players on a ‘reasonable cause’ basis up to 48 hours after they got the report in January.

If the Yankees try to void A-Rod’s contract, you look into the Uniform Player Contract.

Termination, By the Club, 7.(b) ‘The Club may terminate this contract upon written notice to the Player (but only after requesting and obtaining waivers of this contract from all other Major League Clubs) if the Player at any time shall: (1) fail, refuse or neglect to conform his personal conduct to the standards of good citizenship and good sportsmanship or to keep himself in first-class physical condition or to obey the Club’s training rules; or (2) fail, in the opinion of the Club’s management, to exhibit sufficient skill or competitive ability to qualify or continue as a member of the Club’s team.’

Any attempt to void a contract will most likely result in a grievance filed and potential lawsuits. If a player is suspended, they can file civil lawsuits with Bosch and Biogenesis for defamation. The Players could say that they have been falsely portrayed in engaging in unlawful behavior which harmed their reputation. Breach of confidentiality agreements is another. If they had agreement with Bosch and Biogenesis to keep information confidential even upon the threat of a lawsuit. Plus, A-Rod’s contract is fully guaranteed, it simply cannot be voided unless it has some type of moral clause or other clauses with specific references to steroids or PED’s.

The league is run by a CBA, and in the CBA there is not instruction stating a players’ contract can be voided per JDA. An exception is the ‘best interests of the game’ clause.

CBA: Article XII – Discipline – B (Conduct Detrimental or Prejudicial to Baseball):

‘Players may be disciplined for just cause for conduct that is materially detrimental or materially prejudicial to the best interests of Baseball including, but not limited to, engaging in conduct in violation of federal, state or local law. The Commissioner and a Club shall not discipline a Player for the same act or conduct under this provision. In cases of this type, a Club may discipline a Player, or take other adverse action against him, when the Commissioner defers the disciplinary decision to the Club.’

Now, teams do not have to pay a player if the player is unable to play due to being injured or disabled as a result of their drug abuse, but in A-Rod’s case, his hip surgeries were warranted. Teams are also able to withhold salary if a player is unable to play due to legal proceedings or jail time cause by violation of the drug policy. The Yankees can try to get a doctor stating that his hip was caused by steroid use or other use of PED’s on the banned list.

MLB will try to get 100-game bans for the players based on one, the doping itself, and two, lying about it. Remember, this is how well you can trust Bosch, who is trying to save his own face. MLB has more to lose than to gain with this, because all of these suspensions wouldn’t be from failed drugs tests, but the credibility of Bosch.




WHEW. Now, I can write pages and pages and more on this topic, it's so complicated, yet unknown. This is my take on it from having read the CBA and JDA. As far as my earlier statement in regards to suspensions, based off of looking into this more, I can see them in being justified, just not the 100-games or lifetime ban.

Cheers,

Brent

[conor912]

Originally Posted by ScottFandango

a GREAT MESSAGE!

if MLB gets rid of the once PRINCE OF BASEBALL, then anyone can go...

this should scare the rest of the players straight!

I disagree. MLB layed out a process and should follow that process. Banning him without ever have suspended him just to deter other guys from using is like handing out the death penalty for a misdemeanor in hopes that it will curb misdemeanors when in fact it will just create a whole lot of death penalties. Maybe that's not the best analogy, but you get my point.

Edited to add that I dislike him as much if not more than anyone and am not taking his side.