Josh Hamilton Avoids Suspension for Alleged Drug Relapse
When reports emerged in February alleging that Josh Hamilton had suffered a drug relapse, it appeared likely that he would be subject to a suspension under Major League Baseball’s Joint Drug Agreement (JDA). Because Hamilton had previously violated the JDA on at least four occasions, I wrote at the time that he would likely be treated as a five-time violator under the rules, subject to a suspension to be determined by the commissioner. That analysis was based on the assumption that Hamilton’s alleged relapse violated the terms of his individual drug treatment program.
MLB announced today, however, that an arbitrator has ruled that Hamilton did not violate his treatment program:
MLB issued the following statement today regarding Los Angeles Angels outfielder Josh Hamilton: pic.twitter.com/FSDjHF4TyZ
— MLB Communications (@MLB_PR) April 3, 2015
Without having access to each side’s arbitration papers, it is difficult to know why the arbitrator ruled in Hamilton’s favor. One possibility, though, is that Hamilton’s individual treatment program was written in such a way that only a failed drug test would count as a violation. And because Hamilton allegedly self-reported his relapse, he was never tested, thus potentially explaining why the arbitrator ruled in his favor. This might also explain MLB’s stated displeasure with the arbitrator’s decision, and its vow to address the issue via collective bargaining.
Alternatively, it is also possible that the arbitrator determined that considering Hamilton self-reported the violation, and has generally remained clean for the last decade, this single relapse shouldn’t trigger a suspension under the JDA.
On a different note, MLB’s statement regarding the Hamilton arbitration decision could itself have arguably violated MLB’s JDA. Under Section 5 of the JDA, information related to a player’s case is generally considered confidential. This explicitly includes the decision of an arbitration panel. While MLB is allowed to announce a suspension or acknowledge that it is investigating an alleged violation that has been publicly reported elsewhere, neither of these exceptions would seem to apply to today’s press release. So it would appear that the players’ union could potentially file a grievance over the press release itself, should it so choose. Considering that the announcement helps absolve Hamilton of wrong-doing under the JDA, though, the union may decide not to press the matter.
Regardless, the long and the short of it is that Commissioner Manfred will not be able to suspend Hamilton for his alleged drug relapse this past off-season. As a result, Hamilton will be free to return to the Angels once his current injury heals. And the Angels will not be able to avoid paying him any of the more than $75 million owed under his contract.
In the meantime, you can add another item to the growing list of issues for MLB and the players union to resolve in the next round of collective bargaining.
Nathaniel Grow is an Associate Professor of Business Law and Ethics and the Yormark Family Director of the Sports Industry Workshop at Indiana University's Kelley School of Business. He is the author of Baseball on Trial: The Origin of Baseball's Antitrust Exemption, as well as a number of sports-related law review articles. You can follow him on Twitter @NathanielGrow. The views expressed are solely those of the author and do not express the views or opinions of Indiana University.
Makes perfect sense to me. Self-reporting a single incident shows that Hamilton is participating in the treatment program, not violating it.
The terms of the treatment program were probably written down and signed by Hamilton. A violation would be something like not going to a therapy session, refusing to allow his accountability partner to accompany him, failing a drug test, associating with people/locations that are drug-related, etc.
As someone who has had substance abuse problems, MLB’s actions are unacceptable. What if another player came forward because they had an alcohol or drug problem? That takes balls to do and they should solely try to support them. If you go to an AA meeting for example and admit you slipped up, they don’t banish you, but tell you it happens and try to support you better in the future.
Baseball is trying to beat around the issue of mental health care. Josh Hamilton was on the DL and that is incredibly stressful for a player. You physically feel bad, you feel pressure from fans and team, you have nothing to do when you would normally be training or playing baseball all day. It is tempting to turn to drugs an alcohol in this time. I’d recommend mandatory monthly counseling for players. This removes the stigma that exists especially among a group of mainly “manly” and “conservative” males who are among the least likely to seek help. I know of a handful of people in baseball who suffer from mental health issues, but there are obviously more in baseball. I would help even in a player was simply suffer from a slump to players that have depression or anxiety. This should especially extend to the minor leagues where 19 year old are making massive lifestyle changes from living on their own, having/being poor,on the road and in a stressful environment…In Bakerfield of all places. How many minor leaguers don’t make it because of this?
We need to treat a trip to the psychologist like a trip to the trainer. We need to treating depression like we’d treat a hammy strain and rehab for addiction like Tommy John surgery. It will make baseball better off.
Josh was not on the DL when he had to release the pressures of being married to a real OC Housewife. Hamilton was on break during the off season like the other 1500 or so pro baseball players. Only Josh has a substance abuse problem, that everyone that cares knows about, including Josh, and he thought it was okay to go to a stop club and ” do a little coke” off of the buttocks of on of the dancers. Yep special treatment for the special guy. I’ve been cleaning for twenty years, and haven’t mad one cent, or gotten and extra chances because I’m clean. He’s a criminal for doing wrong and still taking his paycheck without earning it. Josh should donate his 2015 pay to substance abuse programs.