On 25 January 2013 the Major League Baseball (MLB) received copies of letters from the Miami News Times to various MLB Clubs advising that an article was being prepared asserting that a Player or Players on those teams were involved in the use op Performing Enhancing Substances (PES). On 29 January 2013 the newspaper published the story identifying Anthony Bosch and his Biogenesis practice as having supplied PES to several Major League Players. MLB Player Alex Rodriguez (A-Rod) was mentioned prominently as one of the PES users. The publication of this article captured national attention and set the stage for a public battle between MLB and Rodruquez over the veracity and consequences of those allegations.
On June 3, 2013, MLB and Antony Bosch entered into a mutual cooperation agreement. Bosch promised to proffer truthful information to MLB and testify if necessary regarding any Major League Player or individuals acting on their behalf regarding the acquisition, possession, or use by them of any PES. In exchange, MLB promised to dismiss Bosch and his brother from MLB's civil suit, to not seek testimony or discovery from Bosch family members, and to inform law enforcement agencies of his cooperation.
MLB convened an investigatory interview with Rodriguez on 12 July 2013. At that session, Rodriguez declined to answer any questions about his involvement, if any, with Bosch or Biogenesis on Fifth Amendment grounds. There were no positive tests conducted under the JDA for Rodriguez during the period of October 2010 and August 2013.
Based on the evidence and statements the MLB reported on 5 August 2013 several anti-doping rule violations against the Player Alex Rodriques for the attempted cover-up, possession and use of the prohibited substances: testosterone, human growth hormone (hGH) and IGF-1 (Insulin-like Growth Factor-1). Therefore the MLB suspended the Player for 211 regular-season games, starting on 8 August 2013.
The MLB suspended a total of 13 Mayor League Players in 2013 for violations of the JDA in connection with the Biogenesis baseball scandal. The Player Alex Rodriques appealed the MLB suspension of 5 August 2011 with the MLB Arbitration Panel. He filed documents, arguments and statements in his defence and was heard for the Panel.
Before the Panel, MLB contends that Rodriguez was disciplined for just cause. MLB maintains Rodriguez committed multiple violations of the JDA over the course of three seasons by the continuous use and possession of a variety of PES. MLB asserts the multiple efforts by Rodriguez to obstruct MLB's investigation of his violations of the JDA violated the Basic Agreement. MLB argues adverse inferences be drawn from Rodriguez's failure to testify under oath in this proceeding or present other witnesses to refute the evidence of his misconduct. MLB contends the penalty in this case is appropriate and justified in light of the scope and gravity of the misconduct by Rodriguez, and that the settlements reached with other Players involved in Biogenesis cannot be considered by agreement of the bargaining parties as previously ruled upon by this Panel. Accordingly, MLB urges the grievance be denied.
The Player Alex Rodriguez contends MLB has failed to meet its burden of proving the alleged misconduct by clear and convincing evidence. Rodriguez argues MLB did not show he possessed and used PES and that the testimony by Bosch, his evidence, and digital evidence are inherently unreliable, must be stricken, and can be afforded no weight. Rodriguez contends that science establish he did not use PES. Rodriguez also asserts MLB failed to establish he obstructed MLB's investigation of Biogenesis and Bosch. Rodriguez further maintains that all of the evidence presented by MLB is irrevocably tainted by investigatory misconduct and coercion of witnesses, including Bosch. Finally, Rodriguez claims the suspension is wholly inappropriate when compared to those given other Players with alleged ties to Biogenesis and Bosch. Thus, Rodriguez asks the suspension not be upheld.
The MLB Arbitration Panel concluded, based on the entire record from the arbitration, that MLB has demonstrated with clear and convincing evidence there is just cause to suspend Rodriguez for the 2014 season and 2014 postseason for having violated the JDA by the use and/or possession of testosterone, IGF-1, and hGH over the course of three years, and for the two attempts to obstruct MLB's investigation, which violated Article XII(B) of the Basic Agreement. While this length of suspension may be unprecedented for a MLB Player, so is the misconduct he committed. The suspension imposed by MLB as modified herein is hereby sustained.
Due to Rodriguez was allowed to play during the appeal process, this effectively reduced the suspension from 211 to 162 games - the entirety of the 2014 regular-season schedule. He also shall lose 162 days of pay for the 2014 season.
On 11 January the Major League Baseball Arbitration Panel decided that the Player's grievance is sustained in part and denied in part. The Panel ruled that MLB has just cause to suspend Alexander Rodriguez for the 2014 season and 2014 postseason.
Hereafter the Player challenged the decision in federal court. However on 7 February 2014 Rodriguez announced that he was dropping his lawsuit and accepting his suspension for the 2014 season.
