The Legal Implications of Jose Reyes’ Indefinite Suspension
When news reports broke in November that Jose Reyes had been arrested in Hawaii for an alleged incident of domestic violence, many assumed that he would be the first test case under Major League Baseball’s new domestic violence policy. As I noted at the time the agreement was announced last August, both MLB and the Major League Baseball Players Association have agreed to a new set of rules to govern cases in which a player has been accused of domestic violence, sexual assault, or child abuse.
Among the provisions in the new policy was one giving Commissioner Manfred the power to place any player accused of domestic violence on paid administrative leave for up to seven days. This provision was intended to give the league sufficient time to investigate the alleged incident before deciding on an appropriate level of punishment, while at the same time preventing a player involved in a domestic incident from appearing on the playing field.
Given the seven-day time limit of any such interim suspension, MLB’s announcement on Tuesday that the league was indefinitely placing Reyes on paid leave until after his pending criminal proceedings in Hawaii have been resolved initially took some by surprise. Indeed, considering that Reyes’s criminal trial in Hawaii isn’t scheduled to begin until April 4th, the leave that MLB announced on Tuesday will undoubtedly extend well beyond the time limit seemingly authorized under the new domestic violence policy.
In reality, however, although many observers – including me – missed this detail when MLB first announced its new domestic violence policy in August, the new policy agreed to by the league and union did in fact include an additional provision that applies to Reyes’ case.
