This article is part of our Fielkow's Law series.
According to recent reports, Angels left-fielder Josh Hamilton met with Major League Baseball officials about a disciplinary issue, and the team is bracing for possible penalties. Rumors have run rampant regarding the possible cause of the meeting, as well as the length of any disciplinary action. While the exact circumstances of the meeting and Hamilton's potential transgressions are unknown, CBS' John Heyman reported that he had heard Hamilton had a relapse of his earlier substance-abuse problems and had confessed to MLB officials.
If Heyman's report is true, Hamilton could miss significant time under Major League Baseball's Joint Drug Prevention and Treatment Program (JDA). The JDA was established by agreement of the Office of the Commissioner of Baseball and the Major League Baseball Players Association to educate players on the risks associated with the use of prohibited substances and deter and end the use of prohibited substances by players. Although the JDA has most recently been applied in cases of performance-enhancing-drug violations, it also governs the use of "drugs of abuse," including marijuana, cocaine and others.
The first time a player is found to have used or possessed a drug of abuse through a positive drug test result or otherwise, or who has been suspected of having done so, he's referred to a treatment board for initial evaluation. In the initial evaluation, the treatment board will ascertain whether the player should be placed on a treatment program, and if so, the type of initial treatment -- ranging from counseling to
According to recent reports, Angels left-fielder Josh Hamilton met with Major League Baseball officials about a disciplinary issue, and the team is bracing for possible penalties. Rumors have run rampant regarding the possible cause of the meeting, as well as the length of any disciplinary action. While the exact circumstances of the meeting and Hamilton's potential transgressions are unknown, CBS' John Heyman reported that he had heard Hamilton had a relapse of his earlier substance-abuse problems and had confessed to MLB officials.
If Heyman's report is true, Hamilton could miss significant time under Major League Baseball's Joint Drug Prevention and Treatment Program (JDA). The JDA was established by agreement of the Office of the Commissioner of Baseball and the Major League Baseball Players Association to educate players on the risks associated with the use of prohibited substances and deter and end the use of prohibited substances by players. Although the JDA has most recently been applied in cases of performance-enhancing-drug violations, it also governs the use of "drugs of abuse," including marijuana, cocaine and others.
The first time a player is found to have used or possessed a drug of abuse through a positive drug test result or otherwise, or who has been suspected of having done so, he's referred to a treatment board for initial evaluation. In the initial evaluation, the treatment board will ascertain whether the player should be placed on a treatment program, and if so, the type of initial treatment -- ranging from counseling to follow-up drug testing.
Should the player fail to follow his specified treatment program, he will then be subject to punishment under Section 7.D of the JDA, which sets out an escalating scale of possible discipline. For a first offense, the player is looking at a 15- to 25-game suspension. A second offense: 25 to 50 games. After a third offense, the JDA calls for a suspension of at least 50 but not more than 75 games. Following a fourth offense, that player is facing at least a one-year suspension. Any subsequent offenses result in the commissioner imposing further discipline on the player "consistent with the concept of progressive discipline."
This brings us back to Hamilton. According to Heyman, Hamilton would be put into the treatment program as a first-time offender. But, as Nathanial Grow of Fangraphs argues, that doesn't seem to add up. I agree with Grow. Hamilton was suspended for the entire 2004 season for violating the JDA, presumably his fourth violation. At the time, even though Hamilton had not yet played in the major leagues, he was subject to MLB rules (including the JDA) because he was on Tampa Bay's 40-man roster. (Hamilton was subsequently removed from the Rays' 40-man roster following the year-long suspension, which led to him being drafted by the Cubs in the 2006 Rule 5 draft and dealt immediately thereafter to the Reds.). If the reports are accurate (again, that's still an if,* particularly given the "better-first-than-right" reporting that is prevalent nowadays), Hamilton's most-recent relapse likely would be his fifth offense. The reports that Hamilton was meeting with MLB brass in New York appear to support that determination, as any further discipline is at the discretion of the commissioner.
*Hamilton's potential punishment could raise an entirely different set of issues under the collective bargaining agreement between MLB and the players association if the rumors that Hamilton's alleged transgressions were drug-related are not accurate.
Under the language and intent of the JDA, Hamilton could be in for another lengthy suspension possibly as much as a year, if not more. That said, any discipline is at the discretion of baseball's new commissioner, Rob Manfred. According to reports, Hamilton turned himself in. There has been no word of a failed drug test. Further, outside of a minor alcohol-related "moment of weakness," Hamilton has been a model citizen for nearly a decade. He notably travelled with an "accountability partner" to help avoid temptation, evidence of how seriously he sought to avoid potential relapse. All of these mitigating factors could be construed favorably in favor of Hamilton, and it's possible that Manfred could come to the decision that a lesser suspension is warranted under the circumstances.
With the length of a potential suspension -- drug-related or otherwise -- still unknown, fantasy owners are rightfully wary of drafting Hamilton. And that's on top of his injury history. After starting the 2013 season on fire, Hamilton tore the UCL in his thumb, sidelining him until June. After returning, he dealt with a variety of injuries, including rib-cage inflammation that ended his season, as he played only 89 games. Two and a half years removed from anything resembling All-Star production, Hamilton is once again gimpy and may not return to the Angels lineup until at least May, as he recovers from offseason shoulder surgery. If there's a silver lining it's that Hamilton can actually serve any overlapping portion of any suspension while he's on the disabled list, a loophole in the JDA. Still, with his best years behind him and the specter of suspension looming large, Hamilton is too risky to consider on draft day.
