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 Chapter[ XI. Recommendations ]

 Section[ A. 4. All Clubs Should Have Clear, Written, and Well-Publicized Policies for Reporting Information Relating to Possible Performance Enhancing Substance Violations                                                                                                                          ]     

                                                                                                                                                                                                                            

4. All Clubs Should Have Clear, Written, and Well-Publicized Policies for Reporting Information Relating to Possible Performance Enhancing Substance Violations

Since 1991, Major League Baseball’s Drug Policy has covered performance

enhancing substances expressly. That policy states in part:

If any club covers up or fails to disclose to [the Commissioner’s] office

any information concerning drug use by a player, the Club will be fined in

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an amount up to $2 million, the highest allowable amount under the Major

League Constitution.571

Many club personnel told us that they were not aware of the policy. The

Commissioner’s Office should actively publicize its policy regarding performance enhancing

substances to club personnel and require each club to adopt a uniform, written policy for

reporting information about possible substance violations. The club policy should state that any

information concerning a player’s possible use, possession, or distribution of performance

enhancing substances must be reported to a designated club contact immediately. The club

contact, in turn, should be required to promptly report all such information to the Department of

Investigations.

At least one exception to this reporting requirement should be included in the club

policy. Physicians and club athletic trainers should not be required to report such information if

to do so would cause them to violate federal or state law relating to the confidentiality of patient

communications or information.572

To ensure that the clubs are meeting their long-standing obligations to report all

information concerning possible possession or use, the Commissioner’s Office should require all

club personnel with responsibility affecting baseball operations to sign annual certifications.

These certifications should affirm that the club employee has no undisclosed, actual knowledge

of any possible possession or use of performance enhancing substances by any current major

league player. This certification should provide an exception for athletic trainers, to the extent

571 See Memorandum from Commissioner Selig to All Clubs Re: Baseball’s Drug Policy

and Prevention Program, dated Mar. 2, 2005, at 2. The amount of the fine has varied over time.

572 At the same time, the Commissioner’s Office should revise its substance policy to

exempt clubs from sanctions for failure to provide other reportable information where the

disclosure of such information by a physician or athletic trainer would violate the law.

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that they are in receipt of responsive information the disclosure of which would violate the law

or the rules of applicable licensing organizations.573

In the event of a failure to certify, or should the Commissioner’s Office determine

that a certification was false, the Commissioner should exercise his discretion under the “best

interests of the game” clause to impose discipline appropriate to the circumstances.

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