Major League Baseball

Making Provisions to the

Drug Testing Policy

Prepared for:

Mr. Allan H. Selig Major League Baseball

Commissioner Milwaukee, WI 53214

Prepared by:

Jeffrey J. Delwiche Major League Baseball

Players Union Board Member Milwaukee, WI 53214

May 7, 2012

Milwaukee, WI 53214 May 7, 2012

Mr. Allan H. Selig, Commissioner Major League Baseball One Brewers Way Milwaukee, WI 53214 Dear Mr. Selig:

Here is the report that you authorized in March which identifies ways that the current drug

testing policy of Major League Baseball (MLB) could be revised. It includes revisions to drug

testing procedures, as well as to penalizations for violation of the policy.

Since MLB began issuing penalties for positive drug tests in 2005, the game has been

significantly cleaned up. Players feel that the playing field has been leveled, while fans trust

that their money is going towards organizations which don’t contain cheaters. MLB’s drug

testing policy has undergone minor revisions since its implementation in 2005. Such revisions

have ensured that the policy continues to strengthen, making it difficult for players to research

ways in which to cheat a continually changing policy.

In the short-term, players must become aware of future changes to the drug testing policy. If players understand that consistent revisions to the policy are inevitable, they will be more willing to cooperate. In the long-term, it is imperative that such revisions are agreed upon by MLB, the players union, as well as the thirty MLB team owners. With cooperation from all three parties, a revised drug testing policy could take effect for the 2013 season.

The information in this report has been generated from interviews with various current and

former MLB personnel members. Such members include players, managers, coaches,

executives, broadcasters, journalists, and historians. The information has also been generated

from several online and scholarly sources.

Thank you for the opportunity to conduct this research. I have enjoyed my five years as a board

member with MLB’s players union and am confident that future revisions to the drug testing

policy will help further improve our national pastime. Please call me with any questions you

may have regarding this report.

Sincerely, Jeffrey J. Delwiche

Jeffrey J. Delwiche

Table of Contents

Letter of Transmittal……………………………………………………………………………………………………………………i Executive Summary…………………………………………………………………………………………………………………..iii Introduction……………………………………………………………………………………………………………………………….1 Purpose and Scope…………………………………………………………………………………………………………1 Assumption…………………………………………………………………………………………………………………….1 Methods…………………………………………………………………………………………………………………………1 Limitations……………………………………………………………………………………………………………………..1 MLB’s Drug Testing Policy………………………………………………………………………………………………………….2 MLB’s Rise in Attendance…………………………………………………………………………………………………………..3 Players Using ADHD Medications……………………………………………………………………………………………….4 Manny Ramirez’s Retirement…………………………………………………………………………………………………….4 Ryan Braun’s Urine Sample………………………………………………………………………………………………………..4 Short-Term Solutions to Strengthen MLB’s Drug Testing Policy………………………………………………….5 Long-Term Solutions to Strengthen MLB’s Drug Testing Policy…………………………………………………..5 Medications and Supplements……………………………………………………………………………………….5 Suspended Players Deciding to Retire…………………………………………………………………………….6 Sample Collection Process………………………………………………………………………………………………6 Conclusions and Recommendations…………………………………………………………………………………………..7 References…………………………………………………………………………………………………………………………………8

List of Illustrations

Figure 1 Average Fan Attendance in Major League Baseball since 1900…………………………..3

Major League Baseball Making Provisions to the Drug Testing Policy

Executive Summary

To further strengthen its drug testing policy, MLB should implement short-term and long-term solutions. Short-term solutions involve making the players union and team owners aware of changes to the drug testing policy effective in 2013. Long-term solutions involve coming to an agreement with the parties on details of the revised drug testing policy. This is to ensure that the policy in place is one that all parties helped to create and are in favor of. Though the game has been significantly cleaned up since MLB implemented its drug testing policy in 2005, there are still some problems with the policy. In recent years, players have tested positive for amphetamines due to their Attention-Deficit Hyperactivity Disorder (ADHD) medications. Such players were later excused and received no penalty. In 2011, one player tested positive for a banned substance for the second time in his career, yielding a 100-game suspension. That player retired upon hearing news of a second suspension. However, that player came out of retirement in 2012 while having his suspension reduced to 50 games. In 2011, one player successfully appealed a 50-game suspension when chain of custody was called into question with his sample carrier. There are clearly issues with MLB’s current drug testing policy that must be addressed. With the progress that MLB has made since 2005, it is imperative that such progress continues. Becoming complacent would allow players the time to research creative ways in which to cheat without being discovered. Popularity of the sport continues to grow, as evidenced by MLB’s growing attendance. A total of 73,425,568 fans came through the turn styles in 2011, the fifth highest total in MLB history. It is important to reward these loyal fans by striving to continually improve MLB’s drug testing policy. To improve its drug testing policy, MLB should:

1. Organize meetings with the players union and team owners as a short-term plan.

*Develop a wide variety of ideas from all three parties involved before coming to a final agreement on details of the policies to be implemented. *Sign the necessary paperwork to complete the process.

2. Implement improved drug testing policy in 2013 as a long-term plan.

*Address issue of prescribed medications triggering positive test results. *Address issue of suspended players who wish to retire from MLB. *Address issue of chain of custody in regards to sample carriers.

Introduction MLB’s drug testing policy has helped to significantly improve the sport and prevent players from obtaining an unfair advantage. However, despite the progress made, there are still problems with the current drug testing policy that are reflected in recent situations.

Purpose and Scope The purpose of this report is to recommend revisions to MLB’s current drug testing policy in order to further strengthen it. In this report, I will focus on the drug testing policy as it pertains to three particular scenarios: players who test positive due to ADHD medications, players who test positive and then choose to retire form MLB, and the chain of custody aspect of the drug testing process. I will not discuss the possibility of lengthening or shortening suspensions against players who have already received their suspension by MLB. In addition, I will not discuss the possibility of any player receiving a suspension after already having been exonerated of such charges.

Assumption My recommendations within this report are based on the assumption that MLB, the players union, and thirty team owners agree that the current drug testing policy contains problems which must be addressed. I assume that all three parties involved will welcome the proposed revisions without resistance.

Methods The information in this report has been obtained from current and former MLB players, managers, coaches, and executives, broadcasters, journalists, and historians. Information in this report was also obtained through various online and scholarly articles.

Limitations My research has one limitation. I have focused solely on MLB and its drug testing policy. I did not research Minor League Baseball, its current drug testing policy, or revisions it may need.

MLB’s Drug Testing Policy The unofficial “steroid era,” which ran from approximately 1993-2005, forced MLB to implement a drug testing policy. Players began being tested during the 2002 season in order for MLB to gauge the size of the issue. A true drug testing policy was not implemented until the 2005 season. Under the guidelines of this policy, violators would receive a 10-game suspension for a first positive test, a 30-game suspension for a second positive test, a 60-game suspension for a third positive test, and a one-year suspension for a fourth positive test. Under this drug testing policy, amphetamines would not be tested for (Denham 2). On November 15, 2005, MLB and the players union agreed to strengthen its drug testing policy, effective for the 2006 season. Under the revised policy, violators would receive a 50-game suspension for a first positive test, a 100-game suspension for a second positive test, and a lifetime ban for a third positive test. Consistent with the sport itself, a “Three strikes and you’re out” rule was put into effect. Under this updated policy, amphetamines would be tested for during the process (Denham 3). Despite MLB strengthening its drug testing policy in 2005, the policy still contains issues which must be addressed. Players continue to find ways around the policy that their own union originally agreed upon.

MLB’s Rise in Attendance

As shown by Figure 1, average fan attendance across MLB has steadily increased with few exceptions since 1900 (“Drug Policy in Baseball” 1). The most recent exception, the 1994 players strike, represented perhaps the most significant drop in attendance. However, since MLB implemented a drug testing policy in 2005, attendance has significantly increased once again, rebounding from its previous drop. Fans prefer to put their hard earned dollars towards a game that has an even playing field and doesn’t allow for cheaters.

Figure 1: Average Fan Attendance in Major League Baseball since 1900

Source: Major League Baseball Official Site

Players Using ADHD Medications

Several anonymous players have recently tested positive for amphetamines due to their ADHD medications. This is because most ADHD medications are composed primarily of amphetamine salt. These players were excused from disciplinary action (“MLB Drug Testing” 1).

Manny Ramirez’s Retirement

During Spring Training in 2009, Manny Ramirez tested positive for a banned substance while playing for the Los Angeles Dodgers. Ramirez consequently served his 50-game suspension to start the season, rejoining the Dodgers shortly before the All-Star Break. During Spring Training in 2011, Ramirez once again tested positive for a banned substance, this time as a member of the Tampa Bay Rays. Having tested positive for a banned substance for the second time in his career, Ramirez faced a 100-game suspension to begin the 2011 season. Instead of serving his 100-game suspension, Ramirez decided to file his retire from MLB. Many people around the game believed this to be a gutless move by Ramirez. He was essentially sending the message to his peers and fans that he’ll gladly play until he gets caught, but will quit as soon as he is caught. This was an embarrassing moment for Ramirez and a frustrating moment for MLB. In February 2012, Ramirez came out of retirement, signing a minor-league contract with the Oakland Athletics. Ramirez was able to convince MLB to reduce his suspension from 100 games to 50 games. In order to achieve this reduction, Ramirez did not go through any type of formal appeal process. He simply pleaded his case with MLB and had his request granted. Ramirez was able to have his suspension reduced in half due to nothing other than a unique circumstance.

Ryan Braun’s Urine Sample In October 2011, Brewers outfielder Ryan Braun tested positive for a banned substance, yielding a 50-game suspension to begin the 2012 season. Braun successfully appealed the suspension in front of a three-person panel and avoided the suspension. Braun’s pending suspension never should have been made known to the public, though information on this situation was somehow leaked to ESPN. The details of this situation and the reasoning behind Braun’s exoneration are very unique. Braun’s sample was collected at Miller Park by Dino Laurenzi Jr., a Waukesha native employed by Major League Baseball. Following the collection, Laurenzi did not immediately deliver Braun’s sample to a FedEx location. Instead, Laurenzi concealed the sample in a refrigerator inside his residence. Laurenzi maintained possession of Braun’s sample for nearly

an entire weekend. A combined 42 hours had passed between the collection of Braun’s sample and its eventual delivery to a FedEx location. Though these major aspects of Braun’s situation were made known to the public, there are several unknown details that have remained confidential, consistent with MLB’s confidentiality agreement. It is unclear as to why Laurenzi maintained possession of Braun’s sample for a significant amount of time. It is unclear as to the exact reasoning behind Braun’s exoneration, other than the vague claims that chain of custody during the process was called into question. Perhaps most importantly, it is unknown how ESPN obtained information on this situation, making it impossible to address the source of the leak. Regardless of the various details surrounding this situation, it was obviously an embarrassment for MLB.

Short-Term Solutions to Strengthen MLB’s Drug Testing Policy

It is imperative that MLB, the players union, and thirty team owners begin to communicate on this issue. Meetings must take place in order for these three parties to understand the ways in which the drug testing policy has failed, to realize that revisions must be made, and to understand what types of revisions are necessary. The three parties must then finalize details for a revised drug testing policy.

Long-Term Solutions to Strengthen MLB’s Drug Testing Policy: Medications and Supplements

In order to strengthen MLB’s drug testing policy, three provisions must be made. First, all players must prepare annual lists of all prescribed and over-the counter medications that he consumes, even if periodically. The lists must also include any supplements used, such as vitamins or fish oil. Players must submit their respective lists to their team managers, who must then submit the lists to the Commissioner no later than December 1. These lists will be reviewed by MLB’s drug prevention committee. The committee will determine if any medications or supplements listed contain any banned substances, including amphetamine salt. If the committee determines any listed medications or supplements to contain banned substances, managers of the respective players will be notified no later than January 1. It is then the managers’ duty to inform whichever players are using medications or supplements deemed unacceptable by MLB. Under very specific circumstances, a player may be allowed to continue taking a medication or supplement which contains a banned substance. A player would have to obtain medical documentation proving that a particular medication or supplement is necessary for his mental or physical health. For example, a player with ADHD requires medical documentation proving that his medication is essential for daily living and cannot be replaced with a different

medication. Players under such circumstances must submit their medical documentation to their respective managers, who must then submit the documentation to the Commissioner no later than January 15. The Commissioner, as well as MLB’s drug prevention committee, will determine whether or not the provided medical documentation is sufficient to allow such players to continue using medications or supplements containing banned substances. Managers of such players will be notified of the final decision no later than January 30.

Long-Term Solutions to Strengthen MLB’s Drug Testing Policy:

Suspended Players Deciding to Retire The next provision that must be made to MLB’s drug testing policy deals with suspended players who decide to retire. A player informed that he has been suspended by MLB may retire from the game if he desires. However, a suspended player who retires will be ineligible to come out of retirement at a later date. A suspended player deciding to retire has essentially received a lifetime ban from MLB once his retirement papers have been filed with the Commissioner. This provision is designed to prevent a repeat of Manny Ramirez’s situation. Ramirez was able to have his suspension reduced from 100 games to 50 games due to nothing more than a unique situation. It is unjust for a player to receive a suspension, retire, contemplate his options, and then come out of retirement at his own convenience.

Long-Term Solutions to Strengthen MLB’s Drug Testing Policy:

Sample Collection Process The final provision that must be made to MLB’s drug testing policy deals the urine sample collection process. MLB must hire at least 100 representatives to serve as witnesses during the sample collection and delivery process. These witnesses will represent MLB’s players union. Each sample collector will be escorted by a witness to a designated FedEx location in the area of the collection. The designated located will be predetermined and documented by MLB. This documentation will be faxed to each sample collector prior to his or her collection route. Two copies of the documentation will be faxed. One copy will belong to the sample collector, while the other copy will belong to the witness. Once the sample has been collected, the collector and witness will travel together directly to the designated FedEx location. The sample collector and witness may not make other stops or allow for a third party to enter the vehicle. The two parties are to travel directly to the designated FedEx location with the sample. Upon arrival at the designated FedEx location, the sample collector and witness must both have their documents signed by the FedEx manager on duty. The FedEx manager must include his or her name, date and time of the sample delivery, as well as application of an official FedEx stamp. The sample collector and witness must both have their documents faxed to the Commissioner’s office no later than 11:59 PM on the day of the sample collection and delivery.

Conclusions and Recommendations

Since its implementation in 2005, MLB’s drug testing policy has helped to significantly improve the game of baseball and create an even playing field. However, despite the recent improvements made in the sport, there are still problems with the current drug testing policy. In order to further strengthen its drug testing policy, MLB should:

1. Organize meetings with the players union and team owners as a short-term plan.

*Develop a wide variety of ideas from all three parties involved before coming to a final agreement on details of the policies to be implemented. *Sign the necessary paperwork to complete the process.

2. Implement improved drug testing policy for the 2013 season as a long-term plan.

*Address issue of prescribed medications triggering positive test results. *Address issue of suspended players who wish to retire from MLB. *Address issue of chain of custody in regards to sample carriers.

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News Official Site. The New York Daily News, 9 Jan. 2009. Web. 10 Mar. 2012. Schmidt, Michael S. “MLB Report Casts Doubt on Rigor of Drug Testing.” The New York

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“WADA Rips MLB’s Drug Policy.” ESPN Official Site. ESPN, 16 Aug. 2010. Web. 8 Mar. 2012.