The News Courier in Athens, Alabama

Sports

July 11, 2013

MLB drug probe litigation could be lengthy

(Continued)

Baseball's joint drug agreement calls for a 50-game suspension for a first offense, 100 games for a second and a lifetime ban for a third. Among the players linked to Biogenesis, Toronto's Melky Cabrera, Oakland's Bartolo Colon and San Diego's Yasmani Grandal have served 50-game penalties following positive testosterone tests.

The drug agreement specifies that if a suspension for a first PED offense is challenged by the union, the violation is not made public unless the penalty is sustained in arbitration. However, discipline for second and third offenses are announced and served while the grievance is litigated.

There also is a provision stating "the commissioner's office may publicly announce the discipline of a player if the allegations relating to a player's violation of the program previously had been made public through a source other than the commissioner's office or a club" or their employees. The sides or the arbitrator will have to decide whether the media accounts of Biogenesis are covered by that clause.

Each player's case probably will be handled in a separate arbitration, which could slow down the process while the sides secure dates before Horowitz or agree to retain other arbitrators.

The three players who already have served suspensions also may claim they can't be penalized under a provision prohibiting multiple disciplines for the same use. In addition, they can't be penalized for conduct that took place before they were given notice of their positive drug test.

It may be difficult to discipline players for refusing to answer questions

Commissioner Bowie Kuhn suspended Ferguson Jenkins in September 1980 after the Texas pitcher was arrested in Toronto and charged with possession of cocaine, hashish and marijuana. Kuhn wrote to Jenkins saying he imposed the penalty because the pitcher "declined to cooperate with this office's investigation."

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