Chapter[ XI. Recommendations ]
Section[ A. Recommendations for Investigation of Non-Testing Based Allegations of Performance Enhancing Substance Possession or Use ]
A. Recommendations for Investigation of Non-Testing Based Allegations of Performance Enhancing Substance Possession or Use
As described elsewhere in this report, the Commissioner’s Office has conducted
several investigations into allegations of the use of performance enhancing substances by Major
League Baseball players.566 These investigations were limited by a number of restrictions, some
self-imposed, some based upon collective bargaining obligations or interpretations of those
obligations. As a result, they were in many cases ineffective.
It is imperative that the Commissioner’s Office have a more robust investigative
ability to respond promptly and effectively to allegations of the illegal use or possession of
performance enhancing substances. This report and recent law enforcement efforts show that
566 See supra at 91-108.
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non-analytic evidence of use can be obtained. The Commissioner’s Office must vigorously
respond when such allegations are made, particularly as violators continue to shift their use to
substances such as human growth hormone that are difficult or impossible to detect through
currently available testing procedures.
Set forth below are recommendations that, if adopted, should materially enhance
that investigative capability. This is critical to effectively identifying and disciplining those
players who continue to violate Major League Baseball’s rules and policies. These
recommendations also are consistent with new approaches to enforcement efforts adopted by
anti-doping agencies.567 One agency head has concluded that drug testing “barely scratches the
surface.” Accordingly, in addition to a vigilant drug testing program, the Commissioner’s Office
must also “focus . . . on building detection capability for serious non-analytical anti-doping
violations.”568
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