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Wednesday, January 7, 2009

Major League Baseball didn't want J.C. Romero to pitch in the World Series.

They wanted to suspend him.

A first-time positive test for performance enhancing drugs carries a 50-game suspension, which may be appealed. Baseball knew the appeal process would run through the postseason, so they offered Romero a deal: take a 25-game suspension immediately, which would force him to miss the playoffs, or risk a 50-game suspension in the appeal process.

Romero wasn't about to miss the postseason. He appealed.

"We generally do not negotiate discipline in the drug area," MLB's executive vice president for labor and human resources Rob Manfred said. "If he appealed it would go beyond the World Series. We offered to reduce the suspension to avoid him being in the World Series. ... I think a scientist will tell you that the [banned] substance was no longer in [Romero's] system, but the appearance of it - you prefer to avoid. With any drug program, the goal is to remove the athlete as quickly as possible."

Asked if he believed the Phils' World Series title was tainted, Manfred said, "No."

Romero lost his appeal, which was heard by independent arbitrator Stephen Goldberg before Games 1 and 2 of the World Series. Romero earned the wins in Games 3 and 5 of the World Series. In the entire 2008 postseason, Romero went 2-0 with a 0.00 ERA (no earned runs in 7 1/3 innings) in eight appearances.

But what about that 50-game suspension?

Clearly, Romero wasn't ordering HGH from some quack doctor running an illegal pharmacy. He wasn't injecting anything into his butt. He bought a legal supplement at a retail store in Cherry Hill. I had a conversation a couple years ago with Ryan Madson about what players can and can't take. He said they were told if you buy something at GNC (or a similar store) you should be fine. I'm sure the words "GNC" and "fine" resonated with most players. In fact, I think most people walk into GNC or Vitamin Shoppe not expecting a product they buy could produce a positive drug test. In the same store Romero bought his supplement you can also buy the Myoplex shakes that several Phillies players take every day (Chase Utley is a Myoplex spokesman). Of course, players ultimately are responsible for what goes into their body. And unfortunately for Romero, that was all that mattered.

*

A look at what's in 6-OXO Extreme.

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Jim Salisbury's story about Chan Ho Park and Marcus Giles joining the Phillies.

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John Gonzalez, Phil Sheridan and Bob Ford chat about baseball's drug policy.

Posted by Todd Zolecki @ 9:51 AM  Permalink | 70 comments
70
Comments   
Posted 10:34 AM, 01/07/2009
KarenA
JC got thrown under the bus! I think his punishment doesn't fit the crime. I guess MLB/Selig are trying to make an "example" out of him.
Posted 10:45 AM, 01/07/2009
Gary Varsho
KarenA - I disagree. There are plenty of players who get 50 game suspensions, we just usually don't care about them because they aren't on our team. As I posted on another article - I am starting to agree with MLB. The "I didn't know" excuse doesn't fly. Next thing you know, every player is using the same excuse. Ultimately, you are responsible for what goes into your body.
Posted 11:15 AM, 01/07/2009
TheHammer
If it is illegal for a MLB player to have it in his system, then it should not be in over the counter medicine. Where is the FDA?
Posted 11:17 AM, 01/07/2009
mick314
Under the cba is the suspension grievable, and has the Phils player rep filed a grievance ? Also, why did Rubie the Rookie jump on the MLB bandstand right away rather that give his employee the benefit of the doubt ??
Posted 11:19 AM, 01/07/2009
KarenA
Gary: I understand that the 50 game suspension is MLB's rule and must be adhered to by all but some of the circumstances in this case may make an exception. Also it's kinda scary that products you or I or student athletes can buy in a major chain store can produce positive drug test results of steroids.
Posted 11:29 AM, 01/07/2009
MFPhils
Isn't Creatine banned in baseball as well? You can buy that at GMC...it's not like this is a new thing. That has been banned and debated for years.
Posted 11:30 AM, 01/07/2009
Gary Varsho
Its a testosterone enhancing product!! Its not a multi-vitamin! And just because a product is "legal" for public consumption doesn't make it legal for major league players. As far as circumstances making an exception, baseball can't play like that. Its zero tolerance - period. Otherwise, everybody has an excuse and where does it end?
Posted 12:04 PM, 01/07/2009
jeff gross
The problem here is two fold. On one hand, JC had in his body a substance which is banned in baseball, the same as steroids are banned. On the other hand he, and other MLB players were informed by the Players Union, based on info given them by MLB, that any over teh counter supliments were okay and didn't contain anything that would test positive. MLB has made exceptions before, to JC in fact when he was using a drug for fertility treatments with his wife. I think that dispite the uproar among fans and Congress, MLB could have used a bit of common sense and warned him severly and updated its guidelines to players. I wonder what would have happened if he had called the hotline? Would they have known to tell him that this supliment tests positive? Oh well, at least he'll be fresh down teh stretch unlike last year.
Posted 12:11 PM, 01/07/2009
reddevil
Nice that the union and the team backed JC up, what a proper way to thank the player who just got a win in the world series for them, C'mon Selig, lead like a leader find JC guilty (which in itself is a travesty) then sentence JC to a 5 game suspension
Posted 12:20 PM, 01/07/2009
RollinsWasRight
Varsho - while I agree with your general point, fundamentally, it is never a good idea to deal in absolutes. Those who have authority have a responsibility to wield that authority rationally, practically and justly. Major League Baseball did not necessarily make the WRONG decision by suspending Romero for 50 games, point of fact, they made the EASY decision, but one could argue it would've been MORE RIGHT to take the stance of: "This is clearly not an instance of a player willfully trying to gain an unfair competitive advantage, and as it has been clearly stipulated to MLB's satisfaction that the player made more than reasonable effort to ensure the substance he was using is both legal and approved under the Major League Baseball Drug Testing Policy, the league has decided to issue a warning to the player and not enforce a suspension. The player has been advised, however, that this incident will still be viewed as a first offense, and any subsequent positive tests will result in second-offense discipline, i.e., a 100-game suspension." Blanket rules, non-negotiable punishments, and unwillingness to evaluate unique instances and trangressions on a case-by-case basis is not toughness, it is self-righteous empowerment; it is foolishness, and will inevitably result in a backlash sooner or later that could lead to another work stoppage. Pardon the cliche, but you cannot deal in black and white when you live in a gray world.
Posted 12:30 PM, 01/07/2009
Palestra Jon
That's just wrong---a drug policy ALWAYS is strict liability, and it has to be. Otherwise, it's always evaded by the fact that a banned substance was not taken intentionally. What is unfair is that he will lose his salary, when, if what he says is true, the "fault" is that of the union advisor. Hopefully, those at fault will find a way to get the guy paid. The suspension must stand, however.
Posted 12:46 PM, 01/07/2009
Norma
Gary.....I agree with the "I didn't know", being a feeble excuse. But since he "didn't know", J.C. asked the opinion of at least three other, supposed experts. I guess nobody knew. That's why I think the 50 game suspension is a little harsh. And offering the 25 game, with an admission of guilt, wasn't the answer. Glad J.C. refused it.
Posted 12:51 PM, 01/07/2009
Gary Varsho
Plus, he did not call the hotline that is available to players about banned substances. I'm not sure if he had called he would have gotten a different response, but he didn't call.
Posted 01:27 PM, 01/07/2009
RollinsWasRight
He went a step beyond the hotline, when his nutritionist submitted a sample to MLB for testing, as it was a new product. And since MLB was not aware it could produce a positive test result until they had tested the sample provided by J.C.'s nutritionst, it stands to reason the hotline could not have accurately advised him. And where is the outcry against MLB for failing to provide Romero with their results when they found the substance COULD produce a positive test result?
Posted 01:45 PM, 01/07/2009
RollinsWasRight
The issue here goes far beyond Romero and his positive test result. The issue is that MLB is a cowardly institution that accepts no responsibility or accountability for anything at every turn. It writes, rewrites, and manipulates its own rulebook and policies to protect itself and the union, rather than the players and the game. And the Commissioner handles the rulebook not as a guideline for how to maintain the best interests of the game, but rather as a universal cure all to cover his backside whenever he doesn't have the spine to make a controversial decision that is, in fact, in the best interests of the game. Selig sucks, MLB sucks, MLBPA sucks. The players have to suffer for it, but at least they have a great job and get compensated to an amazing degree; the fans get jobbed left and right and still have to pay more and more out of their own pockets for it. And if you don't like it, your only recourse is to refuse to give baseball your business, which means you have to rob yourself of a pastime you really love. Which is exactly why any professional sports league that is not acting in the best interests of THE FANS (read: its consumer base), should be subject to the possible revocation of its anti-trust exemption, because it is that exemption which allows the players' salaries to skyrocket, while owners compensate by perpetually increasing ticket, parking, concession and merchandise prices. Fans (customers) can't say boo about it, because there is no alternative, as the leagues are permitted to operate as a legal monopoly.
About Andy Martino
Andy Martino is in his first season on the Phillies beat. A former New York City public school teacher and graduate of the Columbia University Graduate School of Journalism, he previously wrote for the New York Daily News, where he covered baseball and worked with the award-winning investigative sports "I-team."
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