Prior to Monday's suspensions -- on July 22 -- MLB officials announced the suspension of Milwaukee Brewers outfielder Ryan Braun, the 2011 National League Most Valuable Player awardee. Commissioner Bud Selig indicated Braun was suspended through the remainder of this year in accordance with the Basic Agreement and its Joint Drug Prevention and Treatment program.
Shortly after Braun’s suspension, MLB announced the suspension of four minor league players, indicating the pervasive nature of PED use and its impact beyond the Major Leagues.
With each case comes an array of questions about the scope of sanctions that can be handed out, speculation about how deep the connections between players and steroid pushers goes and who is still using and what MLB is going to do about it.
Eric Macramalla, a partner at Gowlings, recently wrote in his sports law blog “Offside” that there are some key distinctions with respect to how MLB could have approached Rodriguez’ situation. Macramalla said there is a distinction between a suspension under the Drug Policy of MLB and a suspension under other provisions of the Collective Bargaining Agreement, the labor agreement between the players and the league.
“If Rodriguez were only suspended under the Drug Policy, he would be able to play during his appeal (which will be heard by Fredric Horowitz),” Macramalla writes. Rodriguez was charged under the Drug Policy, but it is unclear whether MLB could seek additional action. “However, if MLB suspended Rodriguez under the CBA, he would not be allowed to play while his case is being appealed. Under the CBA, baseball can go this route if a player has engaged in conduct that is detrimental or prejudicial to the ‘best interests of baseball,’ and can include things like breaking federal, state or local laws. This isn’t something baseball exercises lightly; it’s a dramatic option.”
As indicated, players can appeal their suspensions under the drug policy while staying on the field, but if hit with a sanction under the CBA, then they would be sidelined until a decision is made. If players do not like what they get from MLB, then they could try another avenue. In the end, players could end up in court arguing before a judge.
Sports legal analyst Lester Munson parsed through what would happen if Tony Bosch, the founder of Biogenesis of America, the clinic that Rodriguez allegedly dealt with, were called to testify in court regarding his role in the doping scandal. Munson noted with the filing of a rarely successful “tortious interference” lawsuit against Bosch, who he described as a “dubious character.”
But, Munson questions how that could turn out. He raises the issue of Bosch’s credibility and how much of the paper trail he left behind to corroborate whatever he says. “Bosch's veracity is the central issue. If arbitrators and judges can believe Bosch, MLB will succeed in its suspensions of as many as 20 players,” he said in a piece on ESPN.com.
Dan Sabbatino is an award winning journalist whose accolades include a New York Press Association award for a series of articles he wrote dealing with a small upstate town’s battle over the implications of letting a “big-box” retailer locate within its borders. He has worked as a reporter and editor since 2007 primarily covering state and local politics for a number of Capital Region publications, including The Legislative Gazette.