City and West Adelaide, two former NSL stalwarts, have made n

ESPNs investigative unit, Outside The Lines, has reported that Major League Baseball will seek to suspend about 20 players connected to Biogenesis. Through the Miami-based anti-aging clinic, its founder Tony Bosch has allegedly supplied players with performance enhancing drugs. Some of the players being targeted by the league include Alex Rodriguez, Ryan Braun, Nelson Cruz, Jhonny Peralta, Bartolo Colon, Everth Cabrera and Melky Cabrera. According to OTLs report, MLB will seek to suspend players for 100 games. The 100-game suspension is actually reserved for second violations; first time offenders only get 50 games. While most players would likely be first time offenders, MLB is taking the position that the players involvement with Biogenesis constitutes not one, but two offences, thereby warranting 100 games. The rationale for the double offence as reported by OTL, is as follows: "the players connection to Bosch constitutes one offence, and previous statements to MLB officials denying any such connection or the use of PEDs constitute another." Guilt Without A Positive Drug Test? MLBs drug policy, called the Joint Drug Prevention and Treatment Program, provides that the league can suspend players for testing positive for PEDs. This is nothing new and fans are accustomed to seeing suspensions in baseball, and sports generally, accompanied by a positive drug test. In fact, baseball has never suspended a major league player without a positive drug test. MLB did suspend Tigers minor league pitcher Cesar Carrillo for 100 games without a positive drug test. The wrinkle in that case, however, was that Carillo as a minor leaguer was not a member of the MLB Union, and on that basis, was not entitled to an appeal. So the decision went unchallenged. So how can MLB even consider suspending the likes of Braun and Rodriguez without a positive drug test? Way #2 To Test "Positive" Well, the Drug Policy also provides that absent a positive drug test, MLB can still suspend a player if it can otherwise prove that a player possessed or used PEDs. In seeking to establish use or possession, the league can rely on things like admissions, written records, e-mails and third party testimony. All this is done with a view to establishing guilt in the absence of a positive test. This is called a non-analytical positive. So in cases where we have a positive drug test, which is direct evidence of cheating, that would qualify as a positive analytical result. In cases where a league looks to establish cheating by way indirect evidence, that is a case of a non-analytical positive result. There is a reason the collectively bargained Drug Policy (which means it was agreed on by the players) provides for non-analytical positives as a basis for suspensions. New technologies for detecting the use of PEDs in athletes are historically a step or two or ten behind sophisticated doping substances. So non-analytical positives help bridge that gap and can operate as an effective tool in fighting doping. So thats where Biogenesis founder Bosch comes in. He has agreed to cooperate with MLB, providing the league with documentary evidence and sworn affidavit testimony detailing his involvement with about two dozen major league baseball players. Among the allegations will be that he sold the players PEDs and personally injected Rodriguez with PEDs (the Yankee third baseman has flatly denied the allegations). So absent a positive drug test, MLB will look to rely in large part on Boschs evidence to establish that certain players did in fact use or possess PEDs contrary to the leagues Drug Policy. Bosch looks to be the key witness. More on that later. Wait More - Way #3 To Test "Positive" The Drug Policy also provides that the league may discipline a player if he has facilitated the sale or distribution of PEDs. Remember OTL reported that MLB may be seeking to base the suspensions on two things: (1) the players connection to Bosch, and (2) the players lying about that connection. That means that MLB could argue that by lying about a connection to Bosch and doing business with him, players like Rodriguez and Braun allowed or facilitated the sale and distribution of PEDs. The word facilitate is key here since it doesnt require that it be shown that the players themselves actually sold or distributed the PEDs; rather, its whether they made it easier for Bosch to sell or distribute the PEDs. So in the view of the league, impeding MLBs investigation by lying constitutes facilitation. Please Summarize. I hate Lawyers. So bottom line is this: A player can be suspended if MLB can show just one of the following: 1) A player has tested positive for PEDs; 2) Absent a positive drug test, MLB can rely on other evidence to show that a player has used or possessed PEDs; or 3) MLB can show that a player facilitated the distribution or sale of PEDs (or distributed or sold PEDs). How Will the MLBPA Respond? The MLBPA, which is the association that represents the players, will undoubtedly vigorously and aggressively defend its suspended players. The Union has historically gone to great lengths to fight for its members, and this case will be no different. Dont be surprised if we see appeals and lawsuits. Should a player be suspended, expect an immediate appeal by the Union. That appeal goes to an arbitrator. As part of an appeal, the MLBPA would focus on the reliability and veracity of the leagues evidence. The primary focus of the MLBPA would likely be Bosch. They will go after his credibility. MLB sued Bosch in March 2013 alleging that by operating as a PED pipeline to major league baseball players, Bosch intentionally caused the players to breach their contractual obligations. While it can be tough to succeed on this kind of tort, the lawsuit was brilliant as it pressured Bosch into cooperating with the league. These circumstances could lead the MLBPA to allege that Bosch should not be believed as he cooperated with the league simply to evade prosecution. As well, the MLBPA would also attack Boschs character. After all, they will argue, Bosch, while the key witness, is also someone who has engaged in criminal activity. So from the MLBPAs standpoint, Bosch is flawed, lacks credibility and has assisted the league with a view to insulating himself from liability. Depending on how things shake out, the MLBPA could also argue that the league improperly characterized the events in question as constituting two separate offences, rather than just one. By being one event, the suspension would be reduced from 100 games to 50 games. As well, if a player was previously suspended for a drug offence that is sufficiently connected to the new suspension, the Union would argue that the league is not permitted to suspend a player twice for the same offence. If the arbitration appeal is unsuccessful, or does not yield MLBPAs desired result, it would not be a surprise to see the case head to court (the Union cant go straight to court since the CBA provides it has to go to arbitration first). While judges generally are reluctant to interfere with the decisions of arbitrators, it does happen. So a lawsuit remains a possibility. There is a lot at stake for a lot of players in a case that is frankly unprecedented in its profile and impact. And that means one thing: this is just getting started. Eric Macramalla is TSNs Legal Analyst and can be heard on TSN Radio 1050. You can follow him on Twitter @EricOnSportslaw. Wholesale Basketball Jerseys 2018 . Only three players drafted by NHL clubs were included on the Czech selection camp roster on Wednesday. Those players were Dallas Stars 2012 first-rounder Radek Faksa, Winnipeg Jets 2013 fourth-rounder Jan Kostalek and Phoenix Coyotes 2012 seventh-rounder Marek Langhamer. Wholesale Jerseys China . "I wrote 36 on my sheet at the beginning of the game," the Cincinnati coach said, referring the yard line the ball would need to be snapped from. http://www.nflcheapjerseyschina.net/ . Its sharpness matched my mind. This was no night to go to sleep. Wholesale Cheap Jerseys . The 28-year-old from Calgary matched his career best after missing just one shot in his two rounds of shooting in the mens 10-kilometre sprint competition. Smith finished in 23 minutes 15. Jerseys NFL Wholesale . Anthony Calvillo, through 20 CFL seasons, was frequently invincible and largely stoic in the heat of competition. But underneath the professional exterior he was, and is, compellingly human. THE STATE OF PLAY FOR A-LEAGUE EXPANSION BIDS* TasmaniaStatus: Mega-wealthy former Victory investors Harry Stamoulis and Robert Belteky have already met with FFA, saying theyre ready to go from next year with support from all levels of government.Pros: A cheap stadium deal, as well as plenty of dollars and know-how from Stamoulis and Belteky.Cons: Football is far from the top game in this AFL-mad state, with little infrastructure and growth potential in a limited market.* AucklandStatus: Very early days to quote Auckland Citys chairman Ivan Vuksich. The New Zealand powerhouse is the only realistic option for expansion across the ditch, but would require a leap of faith from FFA.Pros: Successful football pedigree, the chance for a Kiwi derby and weekly A-League content in New Zealand, a strong catchment of 1.5 million.Cons: Questions of commitment. From the club, FFA, NZ Football and potential investors.* CanberraStatus: Up in the air. Governing body Capital Football isnt bidding and previous A-League aspirant investor Ivan Slavich is currently backing Central Coasts two-game deal in the nations capital.Pros: Solid stadium, junior numbers and lack of competition in one of Australias richest, if smaller, cities.Cons: FFA isnt keen. David Gallop pointedly rebuked the citys A-League aspirations around the time it hosted an A-League qualifer last year.* South MelbourneStatus: Ready to go, so they say. The powerhouse NSL club has been working to join the A-League since the day it was overlooked for the league and will mount a solid case.Pros: History and the chance to heal the ongoing rift between new football and old soccer. A solid stadium deal and long-term lease. History of success.Cons: Does Melbourne need another team with Citys attendances so low? Would Victory fight their admission?* GeelongStatus: Interested groups are getting organised but a Geelong bid is still in the embryonic stages.Pros: Theres room in Victoria for another team, and state and local government are likely to offer support. Geelong is a sports town with a record of producing Socceroos.Cons: Simonds Stadium might have narrow boundaries but its ultimately not a venue suitable for football. Questions over support base.* Brisbane StrikersStatus: The former NSL champions have assembled a bid team, headed by thee colourful Miron Bleiberg, and will soon submit a formal bid to FFA.dddddddddddd.Pros: A strong brand, an existing structure, a successful academy and a ready-made rivalry with Brisbane Roar.Cons: Venue. If the Strikers cant find somewhere to play other than Suncorp Stadium, theyll struggle for a point of difference with the Roar.* South SydneyStatus: They were nearly ready to replace Wellington Phoenix last season, and the murmurs are continuing that FFA wants a third team in Sydney.Pros: Sydneys big enough for three teams, right? FFAs number crunchers have determined the south is an untapped market, with a big participation base.Cons: Sydney FC are dead against it, as one third of their members come from the shire, while Wollongong wants a standalone team.* WollongongStatus: The Wolves say they will have a look at FFAs expansion criteria once its released, but they could have some high-powered backers lined up.Pros: The Illawarra, a bit like the Hunter, is a true football region. WIN Stadium would be perfect.Cons: Forces outside of their control seem to prefer a southern Sydney team, based part-time in Wollongong.* AdelaideStatus: Adelaide City and West Adelaide, two former NSL stalwarts, have made noises about an A-League bid.Pros: Both are historic clubs who figure the Reds could do with a derby rival. Wests want Robbie Fowler as their inaugural coach.Cons: Does little old Adelaide really have room for two teams? Whos not supporting Adelaide United in SA?* PerthStatus: Football West is aiming for a second Perth team in the next three to five years in an audacious bid to turbo-charge the game in WA.Pros: Perths a growing city and numbers would suggest not everyone is on board with the Glory, for whatever reason.Cons: The Glory are just getting settled off-field and a rival team would chew into their market at an inopportune time.* Not happeningNorth Queensland: The Northern Fury say they wont be ready for this round of expansion, and the Hong Kong casino mogul backers of Cairns-based FNQ Heat have seemingly moved on.Gold Coast: There is a desire from some parties to revive Gold Coasts A-League presence but no action at this stage. Maybe one day. ' ' '