Ryan Braun, Shyam Das, and the Appeal That Shook Baseball
Yesterday, February 22nd, Shyam Das’ life changed. Whether that change is lasting or fleeting, Das will face things he’s never faced in his career. By ruling in favor of Ryan Braun, Das has made himself enemy number one of MLB, the U.S. Anti-Doping Agency, and Braun’s critics around the globe. Das had the deciding vote in Braun’s appeal, an appeal that goes through a three person arbitration panel. The panel itself is arbitrary. There is a player’s union representative and a Major League Baseball representative. And then there is Das. And Das is all that matters. Generally, the votes in these matters are split leaving the independent party as the ruling force.
Das was that ruling force on Thursday. From 1999 on, Das has been the Chairman of the Arbitration Panel for Major League Baseball. He has been a labor arbitrator since 1977. Das received his bachelor’s in history from Harvard in 1965, his master’s in social science from the University of Chicago in 1966, and his LL.B (or bachelor’s in law) from Yale University in 1969. He has served on numerous arbitration panels, amassing countless hours of experience in labor disputes and hearings. He is an incredibly qualified arbitrator. Yet, in one day the world around him changed.
By following the letter of the law, a rule of thumb our country was built on and a rule that has kept many innocent people from wrongful convictions, Das incised the anti-doping community and Major League Baseball. By making a decision based on fact rather than outside influence and other unrelated topics, Das supported due process and a system of judgment so powerful it is used not only in courts of law but in sporting and labor disputes. It surely was not an easy decision to make. The facts were out there; regardless of protocol, Ryan Braun tested positive, there was no evidence of tampering, and the mistake seemed innocent. But it was a mistake, a breach of protocol. And that cannot be allowed to pass.
According to most sources, including ESPN, Braun did not dispute the positive test, he did not argue tampering, and he did not attack the science behind the test. Braun’s argument was simple. The protocol for handling the test specimen was violated. The chain of custody came into question with Braun’s challenge. A “collector,” the person who collects a player’s sample, is required to take the sample to a FedEx office for shipping. That collector was incorrectly under the impression that the FedEx office had closed and took the sample home to store it in a cool place – the proper procedure in cases where the sample cannot be immediately shipped. However, the FedEx office was not closed, and the sample could have been shipped. According to ESPN, “policy states that the sample is supposed to get to FedEx as soon as possible.”
The chain of custody was delayed unnecessarily. The transport of Braun’s sample was delayed unnecessarily. The facts were clear, but those seeking Braun’s suspension argued the failed test was all that mattered. No amount of mishandling or breach of protocol could change the fact that Braun had tested positive in the eyes of Major League Baseball and test administrators. Yet, the chain of custody was violated.
Das considered this fact, and he made a ruling based on the evidence provided to him. His decision allows Braun to avoid a 50-game suspension. It helps Braun clear his name. But most importantly, the decision upholds the exact process and reason why arbitrators are in place. However, for the most part Das is not being celebrated as someone who shook off the strong arm of Major League Baseball for the good of the process. He is not being recognized as someone who, in the face of adversity and an extremely high profile baseball case, was able to make an accurate decision based on fact. Instead he is being attacked by quotes in news articles and newspapers, and probably has received his (un)fair share of face-to-face criticism.
According to ESPN, Major League Baseball is considering the absurd option of suing in Federal court to reverse the decision. To do so equates to appealing a jury’s decision in a court case not on a matter of law, but because you don’t like the jury’s decision. But beyond that, the decision has brought out the wrath of those who crusade against performance-enhancing drugs. That wrath though is misdirected and unfair.
"Sources said MLB is livid and is evaluating the possibility of suing in federal court to have Das’ decision overturned, but that they did not expect a decision to be made until after Das issues his written report within the next week or so and MLB lawyers have a chance to review it. There are very limited grounds by which either party could sue, but sources said MLB officials believe Das’ ruling was based on a faulty reading of the policy."
The chief executive officer of the U.S. Anti-Doping Agency Travis Tygart said, “[the decision is] a real gut-kick to clean athletes. To have this sort of technicality of all technicalities let a player off … it’s just a sad day for all the clean players and those that abide by the rules within professional baseball”
I do not have the benefit of the policy for handling testing samples. I, like you, have just the reports and the reasoning behind Braun winning his appeal. The reasoning seems sound. Debate if you will the possibility of Braun having actually taken performance enhancing drugs, but do not say with a definitive yes that you know. Do not say that the decision by Das in and of itself was a “gut-kick to clean athletes.” The decision was not one to determine innocence or guilt. It was a decision to determine whether Major League Baseball had grounds to suspend a player based on a drug test. Part of the testing includes a chain of custody policy. In Das’ mind, that chain was broken and the policy violated.
It’s a shame that baseball has come to this. Steroids, PED’s, drugs, and alcohol have long been a dark spot on the game. Yet, in their rushed attempts to clean up the game after turning a blind eye for so long, Major League Baseball has become a group of witch-hunting crusaders. Something during the process of taking and delivering Braun’s test sample went wrong. It went wrong to the point that an independent arbitrator with 45 years of labor arbitration experience felt the evidence supported a reversal of the suspension.
Maybe Braun was using a performance-enhancing drug. Maybe all indications are correct and he did in fact have elevated testosterone. That does not change the fact that we cannot ignore the facts or ignore the process to justify the ends. Rather than challenge Das’ decision (unless there is truly a factual error in his decision that comes to light), and rather than attack the man in a round about way, baseball should turn their attention to their testing and handling of samples. Correct the problem so that it never happens again. Do not simply say “we are right because we know we are right.” Fix the problem for the future.