Two-year suspension isn’t the end of the Trevor Bauer story. The appeal could set a dangerous precedent

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This article was published 29/04/2022 (1290 days ago), so information in it may no longer be current.

Commissioner Rob Manfred and accused abuser Trevor Bauer are heading for a showdown that will determine the fate of the disgraced former Cy Young Award winner and potentially impact the future of Major League Baseball’s domestic violence policy.

Manfred announced Friday afternoon that Bauer had received a 324-game suspension — two full seasons — for violating the league’s joint domestic violence, sexual assault and child abuse policy. The penalty went into effect immediately and Bauer is not eligible to return until April of 2024.

Bauer has been accused by three women of taking what started as consensual rough sex much too far. In a recent court case, a woman from San Diego sought a restraining order, claiming Bauer punched her in the face and vagina and sodomized her without permission.

An Ohio woman made similar claims to police in 2020, and Friday evening the Washington Post outlined details of a third woman who recently came forward to tell her story to MLB regarding incidents dating as far back as 2013. Almost all the alleged incidents were said to have been while the women were unconscious.

“In accordance with the terms of the Policy, the Commissioner’s Office will not issue any further statements at this point in time,” MLB said.

On paper, MLB appears to have one of the strictest domestic violence policies in professional sports. First adopted in 2015, the guidelines were jointly agreed upon with the MLB Players Association and they give Manfred autonomy to dish out punishments “he believes (are) appropriate in light of the severity of the conduct.”

Unlike the National Football League, there isn’t a minimum or maximum number of games a player can be suspended if he violated the rules. Instead, it’s up to Manfred’s discretion following an investigation by his office that demands co-operation from the union and an interview with the accused.

MLB’s discipline is not dependent on whether a player is convicted or pleads guilty to a crime. The accusations also don’t necessarily need to be proven beyond a shadow of a doubt like in a courtroom, but the league is expected to meet a burden of proof for the alleged conduct and corresponding discipline.

Since Manfred’s team holds all the punitive power, the accused may file for an appeal to be heard by a panel of three: a representative from each party and an agreed-upon impartial arbitrator. Bauer wasted no time doing that, stating his intentions mere minutes after MLB released its decision.

“In the strongest possible terms, I deny committing any violation of the league’s domestic violence and sexual assault policy,” Bauer’s statement read. “I am appealing this action and expect to prevail. As we have throughout this process, my representatives and I respect the confidentiality of the proceedings.”

According to the Los Angeles Times, Bauer’s case could be heard as early as next month. The verdict will be an important one because it will set a precedent, not necessarily for length of suspension but in terms of how similar cases are handled in the future.

There have been 17 players suspended under MLB’s domestic violence policy, and until now no one appealed. Think of the other cases like plea deals, the league and player jointly agreeing upon the length of each suspension. It’s logical to assume MLB lowered the number of games to avoid a hearing. Since Bauer continues to deny any wrongdoing, Manfred went for a longer suspension without giving the native of California credit for time spent on paid administrative leave.

If Bauer wins his appeal, either by having his suspension shortened or struck down, other players might not be so quick to accept punishment. It would embolden those accused in the future to follow his strategy of deny, deny, deny.

Last August, an L.A. Superior Court judge dissolved a temporary restraining order against Bauer because she deemed the Dodgers starter did not pose an ongoing threat to the plaintiff. Per the L.A. Times, she also ruled that “the only evidence of anything which happened while (the woman) was unconscious was having been hit on the butt.”

Even if MLB can’t prove its entire case against Bauer despite an onslaught of women coming forward, that final line might be enough for just cause. The league’s domestic violence policy states sexual assault is defined as “when a person uses force … or when the victim is … unconscious or legally incapable of consent.” It also states: “a single incident of abusive behaviour … may subject a player to discipline.”

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No matter what happens next, Bauer’s days as a major-league pitcher might be over.

He had been a controversial figure long before these allegations came to light, and prior to signing a three-year deal with the Dodgers there weren’t exactly a bunch of teams lining up to speak with him. At age 33, when his contract — and in theory his suspension — are up, there will be even fewer.

This appeal is more about money than anything else. Bauer’s reputation is beyond repair to a large portion of MLB’s fan base, and a confidential appeals process isn’t going to change anyone’s perception; neither will aggressive PR tactics. The only thing a win accomplishes would be guaranteeing what he’s owed from the Dodgers and encouraging other accusers to follow his approach.

Bauer’s case might not be over yet, but his pitching career probably is, and there won’t be too many people around the game who will have much sympathy. Bauer wasn’t a popular guy before; now he’s just downright toxic. Based on the accusations and text messages, there’s a good reason for that, too.

Gregor Chisholm is a Toronto-based baseball columnist for the Star. Follow him on Twitter: @GregorChisholm or reach him via email: gchisholm@thestar.ca