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Old 07-10-2013, 12:32 PM
 
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I keep hearing that MLB is looking for 50 games for a violation and 50 games for denial for Braun and A-Rod .... I just read an article that Braun is not cooperating and that this may help cement the 100 games

I think they may have a difficult time going the 100 game route though - mainly because like most things it's fairly gray in the agreement/program and that gray area will typically go to the party that is being impacted leaving the league to revise the policy for future use

http://mlb.mlb.com/pa/pdf/jda.pdf

It sounds like the league is saying the implication is 1 offense and the failure to cooperate is another.

However, the policy states that a player shall not be subjected to multiple disciplines as a result of the same use of a prohibited substance. The way this reads it's more you fail a test for a substance on 7/1 and then are tested again 7/15 and the same substance is still in your bloodstream. They have protocols to determine if it's the same violation, etc built into the process. Still doesn't necessarily impact that a player shall not be subjected to multiple disciplines as a result of the same use of a prohibited substance.

As for the actual violations - this is dealing with performance enhancing drugs which is different than the drug abuse or marijuana/thc designations.

If a player is convicted or pleads no contest to possession or use of a PED the 1st offense is 60-80 games .... if the same happens for distribution it jumps to 80-100 games .... doesn't sound like that will happen here

Section 2 of the agreement is the broad language that PEDs are prohibited .... then there is a breakdown of what they are and the specific violation & penalty schedule .... there is then a catch-all that states a player may be subject to disciplinary action for just cause by the Commisioners office for any violation of Section 2 - this is what they are building towards

The just cause that there is a violation without an actual failed test .... I see this as being the violation the league is going after. However, I don't think any of the violations about failing to cooperate with testing or complying with the treatment program, etc would apply.

I really only see the 1 violation in there and think 50 games is the max they can do - regardless of how spiteful they may feel

Does anyone else see something in the policy that would open the door for a 100 games being sustained? What am I missing here as many are stating it fairly factual.

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Old 07-10-2013, 01:32 PM
 
Location: IL
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This is going to be an MLB vs MLBPA fight, I think they are making it up as they go along. MLB wants to expand teh definition and MLBPA wants to narrow it.
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Old 07-10-2013, 04:06 PM
 
Location: Springfield, Ohio
12,201 posts, read 10,427,566 times
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Agreed, it's a pissing contest between the two and may not be resolved until after the season. What I don't understand is Colon and Cabrera potentially being re-suspended for the same offense which booted them last year.
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Old 07-10-2013, 06:38 PM
 
Location: Parts Unknown, Northern California
41,047 posts, read 18,589,435 times
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The 100 game suspension threat seems like such a legal stretch for MLB that I suspect that it is merely a tactic, one adapted from prosecutors everywhere. The idea is to pile on as many charges as possible, however flimsy, against an accused person, and that gives the prosecutor more with which to bargain. Plead guilty to the main charge and we will drop the half dozen petty ones.

If down the line we see MLB suddenly agreeing to stop pursuing the 100 game penalties in exchange for the cooperation of the accused players in accepting 50 game suspensions, then we will know what this was all about.
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Old 07-10-2013, 06:57 PM
 
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That I can see .... although it seems like the fight is going to exist regardless to even get 50 games and players are starting to dig their heels in even further at the threat of 100

Will be interesting to see it play out
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Old 07-10-2013, 08:12 PM
 
Location: Springfield, Ohio
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I think they really want Braun and A-Rod to set an example, and can forget about the rest.
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Old 07-21-2013, 06:17 PM
 
Location: When the people find that they can vote themselves money, that will herald the end of the republic
1,071 posts, read 1,833,394 times
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Good luck with A-Rod !!!! Klapisch: Come clean, A-Rod, if you love the game - NorthJersey.com
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Old 07-21-2013, 06:29 PM
 
Location: Parts Unknown, Northern California
41,047 posts, read 18,589,435 times
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I read some more on the subject and now understand MLB's plan for the extra long penalties. The 50, 100 etc suspensions have an application only to the clause related to failed tests. Section two violations, or PEDs violations based on evidence other than testing, come with no specific penalty and MLB may in theory, issue lifetime bans for such violations.

In theory...of course in reality they are going to be limited to what the MLBPA will tolerate without turning it into a work stoppage issue.

The Union has made some noise with regard to how they are supportive of cleaning up the game and may not be defending all of the accused players. The head of the union has said that they will not support players caught by "overwhelming evidence." That of course instantly raises the suspicion that no amount of evidence in any of the cases will be deemed "overwhelming" by the union. Issues related to the power and preservation of the union will intrude. They will not be wanting to be part of any precedent which recognizes that MLB has unlimited power to suspend. Further, if they start throwing some players to the wolves that will cause a great deal of internal dissension within the ranks, never a smart strategy for a labor union. I look for the union to be its usual obstructive self in this matter regardless of what they say now.
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