It was 325 days ago that Major League Baseball placed Trevor Bauer on administrative leave, the start of a process that has become more complex than either side could have anticipated. At that point a reigning Cy Young Award winner and one of the sport's highest-paid players, Bauer, faced allegations from a San Diego woman who accused the Los Angeles Dodgers pitcher of sexual assault.
The L.A. judge denied the woman's request for a restraining order and then the L.A. County District Attorney's Office declined to file criminal charges. The Washington Post reported that at least two other women were interviewed by MLB after they made similar allegations. On April 29, three weeks into the 2020 season, MLB commissioner Rob Manfred suspended Bauer for the rest of the year, the equivalent of two full seasons. It was twice as long as any player had been suspended since MLB and the MLB Players Association launched their joint domestic violence, sexual assault and child abuse policy in August of 2015.
The validity of that ruling is in the hands of one man. The MLB and the MLBPA have retained the services of Martin Scheinman. Beginning Monday, and possibly lasting for several weeks thereafter, Scheinman will serve as the panel chair for Bauer's grievance hearing against MLB, ultimately deciding whether his suspension will be upheld, reduced or thrown out.
Bauer is the first player suspended under the domestic violence policy to challenge his suspension, which was 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780 800-313-5780
The drug stuff is a scientific finding, according to a long-time arbitrator who used to preside over MLB grievance hearings. This is not the same circumstance.
The collective bargaining agreement describes grievance hearings as a cooperative endeavor to review and secure the facts which will enable the Arbitration Panel to make just decisions. According to the previous collective bargaining agreement, the panel's decision will be full, final and complete. According to a source, the language around grievance hearings is the same as before.
witnesses are called for testimony and cross-examination in Grievance hearings. In this case, the hearings might take place over video conference in a meeting room. The full list of witnesses for and against Bauer will remain confidential, but one of the women who spoke to The Post has said she is willing to testify. Under its domestic violence policy, MLB is not allowed to publicly release the findings of its investigation. It is not known how many women the league has spoken with.
This is full-blown litigation because these are parties with unlimited resources and high demand clients, and it will be like federal court litigation.
The MLB and MLBPA have the power to replace the arbitrators at will, and since 2000 they have retained four of them. The first person to be fired by MLB was Shyam Das, who was fired in 2012 after reversing Ryan Braun's steroid suspension over a chain-of-custody issue. After ruling against infielder/outfielder Charlie Culberson in an injury assignment case, Fredric Horowitz was fired by the MLBPA. Mark Irvings was fired by MLB after he ruled in favor of Kris Bryant in his hearing.
The case was retained in 2020. According to his company's website, he has resolved more than 20,000 disputes since 1979. According to the website, his practice has mediated dozens of the highest-profile cases involving allegations of sexual harassment, but has no mention of domestic violence.
Two assistants at his firm are solely responsible for managing his schedule. He presides over hearings five days a week and is retained by a number of companies, a reality that could extend Bauer's grievance hearing deep into the summer, according to sources familiar with the process.
In the past, MLB has blocked out two days a month on the schedule of the arbitrator. In a case like this, in which a player suspended under the domestic violence policy must remain on the restricted list, additional openings can be created in an effort to expedite the process.
The Braun, Bryant, and Rodriguez hearings were the most notable of recent years because they were based largely on facts. Bauer will navigate the subjectivity of the alleged assault within the scope of consensual rough sex. The former arbitrator said that MLB must prove just cause in this scenario.
The reason for that is because it completely turns on credibility, and the reason for that is that the arbiter makes the determination that one party or the other party is telling the truth.
The L.A. County District Attorney's Office announced on Feb 8 that Bauer would not be charged in the assault case.
Bauer responded to the Washington Post story about the Ohio woman who sought a temporary restraining order against him in June 2020 by saying that she had lied. He responded to a Post story from April 29 of this year about another Ohio woman who alleged he choked her unconscious multiple times during a years-long relationship. Bauer used his social media accounts to deny wrongdoing.
Bauer has filed defamation lawsuits against two media companies, Deadspin and The Athletic, and has also filed a suit against a San Diego woman, who has not been named. His legal team has pointed to Bauer's tense history with Manfred, which includes criticism of his handling of the Houston Astros sign-stealing scandal and efforts to market the game to a younger audience.
Bauer was one of six players who were punished despite not being arrested or charged for domestic violence. Aroldis Chapman, Starlin Castro, Domingo German, and Sam Dyson were all suspended for 30 games. Bauer is the first player suspended under the policy to have multiple accusers go public, an example of why MLB allowed itself the latitude to punish players for "just cause" rather than relying on the legal system.
There is no obligation to follow the Federal Rules of Evidence during a grievance hearing. A source familiar with the process says that the burden of proof will be difficult.
It is difficult to be a fact- finder in a case where there is an allegation of sexual harassment.
After winning the National League Cy Young Award as a member of the Cincinnati Reds, Bauer signed a three-year, $102 million contract with the Dodgers in February 2021. He was placed on administrative leave midway through his first season.
Bauer's time on administrative leave did not count toward time served. His suspension ends in the 19th game of the 2024 season, beyond his contract with the Dodgers. If Bauer's suspension is upheld, he will lose $60 million in salary.
The Dodgers have refrained from commenting on Bauer while the process has played out, but the expectation from people with direct knowledge of the team is that if his suspension is shortened, the Dodgers would release him at its end and absorb whatever money remains on his contract.
Which team would be willing to take a chance on Bauer?
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