In the NFL, the standard player suspension for domestic violence or sexual assault cases is six games. The NFL reserves the right to adjust the length of a suspension based on the circumstances of each case, but the baseline for discipline is six games — about 35% of a season.
There is no similar baseline for such suspensions in Major League Baseball. In the six years of baseball's domestic violence and sexual assault policy, the commissioner's office and player representatives have reached individual agreements for the 14 player suspensions levied under the policy. The suspensions have ranged from 15 games to 162 games — that is, from 9% to 100% of a season.
The possibility that Dodgers pitcher Trevor Bauer could be suspended under that policy — and could be the first player to appeal rather than settle — could raise a thorny question for an independent arbitrator: Just what is the appropriate length of a suspension?
"There's no precedent," said Jay Reisinger, a Pittsburgh attorney who has represented players suspended under baseball's domestic violence policy. "When there's no precedent, it's hard to gauge what the appropriate penalty is."
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Bauer has not pitched for the Dodgers since June 28, the day before a woman accused him of sexual assault. Bauer contends his two sexual encounters with the woman were consensual.
The Los Angeles County district attorney's office has yet to decide whether to pursue criminal charges against Bauer. MLB put Bauer on leave July 2 and has conducted its own investigation.
The terms of MLB negotiated settlements cannot be used as precedent in an arbitration hearing.
An arbitration hearing could be a wild card in baseball's winter, putting commissioner Rob Manfred under unusual scrutiny.
Manfred could not defend a harsh suspension of Bauer simply by arguing the length of the suspension was in line with past punishments for domestic violence and sexual assault. On the other hand, Bauer could not plead for leniency just by arguing his suspension was overly long compared with other suspensions under the policy.
And the courts, not the arbitrator, might have the final word.
"A likely scenario, because of the lack of precedent, is that whatever he rules is going to be appealed, by one side or the other," said Joe Longo, a player agent who teaches sports law at Loyola Law School and USC.
In sports and in the law, considering precedent means ensuring similar offenses get similar punishments. As an MLB example, a 10-game suspension for applying a foreign substance to the ball might seem to be a light sentence, as a pitcher might miss only one start. However, given that 10 games long has been the standard punishment, MLB adopted that standard in its crackdown this season, rather than risk an arbitrator overturning a longer suspension on the basis of precedent.
If Bauer were to be suspended and were to appeal, an arbitrator would be tasked with deciding whether a suspension is in accordance with league policy. Yet, the domestic violence and sexual assault policy says nothing about how long a suspension should be. The arbitrator would not be allowed to consider suspensions reached via negotiated settlements as precedent.
"Neither side is going to be arguing, 'You have to follow this ruling' or 'You have to follow that ruling' because there is no ruling," Longo said.
"You've got to interpret what's written in the policy. Both sides will try to put their explanation on the policy, and then the arbitrator has to make a decision."
In devising the policy, the league and its players' association consulted with experts in domestic violence and sexual assault. The decision to tailor suspensions to the circumstances of each case, and to try to negotiate settlements rather than hand down suspensions of a certain length, emerged from those consultations.
"Having a one-size-fits-all policy, or a zero-tolerance policy, is not a great idea," said Deborah J. Vagins, president of the National Network to End Domestic Violence, one of the nonprofits that worked with MLB and the MLBPA. "We really advocate for a measured, robust approach.
"If there's a zero-tolerance policy, and the victim calls 911, and the abuser can lose their entire career and livelihood, it can actually drive down victims disclosing and coming forward. So the survivor not only has to worry about losing the mortgage and all that, but it also can increase the risk of lethality toward you, because the abuser may feel like they've got nothing to lose at that point.
"We're talking about dangerous situations that have to be handled with nuance, [in a way] that encourages reporting and also respects the concerns and privacy and all of the different dynamics of the survivors' needs."
Vagins credited MLB for implementing a domestic violence and sexual assault policy that went beyond waving a "zero tolerance" flag and predetermining the length of a suspension.
"They have signaled from the top that they take this very seriously," she said. "I wouldn't want anyone to conflate having a nuanced and thoughtful approach with not taking it seriously."
In devising the policy, the union wanted to ensure that an independent arbitrator — not Manfred — would have the final say over any dispute. The league and the union shared an interest in protecting the accusers, investigating allegations as carefully and thoroughly as possible, introducing educational programs about domestic violence and sexual assault for all players and including treatment programs as well as suspensions for players subject to discipline.
"You've got to treat the individual, you can't just punish them," David Prouty, general counsel for the union when the policy was negotiated, told the "Sports 360" podcast in 2019. Prouty left the MLBPA in 2017; he declined comment for this story.
According to the policy, the MLB and the union maintain a contract with a "domestic violence services provider" to offer confidential, 24-hour support to players, victims and families in English and Spanish. That hotline, and other "intervention services," are offered to all affected parties once the commissioner's office begins an investigation into allegations of domestic violence or sexual assault.
"Remember that the family is still being supported by the player," Prouty said on a podcast. "It's not necessarily the most therapeutic way to go about changing things: to have the player both be without a job for some period of time, and be without a paycheck. That can just add to the stress of the situation, rather than take away from it.
"So what we tried to do — and history will judge us — is provide a more comprehensive solution that looked to improving the overall situation, not just punishing a player."
MLB traditions that make the game unique
Presidents throwing the first pitch
The ceremonial first pitch is a baseball tradition that marks the beginning of the game. The first president to throw out the ceremonial first pitch was then-Governor William McKinley in 1892. The presidential first pitch on opening day was started by President William Howard Taft in 1910 at the Washington Senators’ opening day. But the first pitch looked different back then — it was thrown from the grandstands and not from the pitcher's mound. The first president to throw from the pitcher’s mound was Ronald Reagan at the Wrigley Field in 1988.
Seventh inning stretch
The tradition of the seventh inning stretch is one most baseball fans look forward to every game. The seventh inning stretch is the traditional extended break in between the top and bottom half of the seventh inning. The history of the seventh inning stretch is questionable. Some historians credit President Taft, who notably stood up to stretch his legs in the middle of the seventh inning in 1910.
The K’s
The use of the letter “K” as a reference to a strikeout in baseball started with sportswriter Henry Chadwick, who published rule books and annual guides and created statistics such as batting average and ERA. Chadwick used either the first or last letter of key words in his scoring scheme, using K to represent “struck out” because it’s the last letter in “struck.” Today, fans hang “K” signs after opposing teams strike out.
‘Take Me Out to the Ball Game’
An event that has evolved from the tradition of the seventh inning stretch is the singing of “Take Me Out to the Ball Game.” The song was written by Jack Norworth while riding a New York City train in 1908. The song gained popularity when White Sox announcer Harry Caray started singing it during the seventh inning stretch instead of the solo organist performance.
Bleacher creatures roll call
Bleacher creatures are New York Yankee fans who occupied sections 37 and 39 in the old Yankees Stadium and section 203 of the right-right bleachers in the new Yankees Stadium. The bleacher creatures have a tradition to yell the starting lineup during the top of the first inning while the Yankee players are on the field. The tradition started in 1998 when the bleacher creatures would announce the Yankees starting outfielders. When “Megaphone John” started orchestrating the roll call, he included the infielders by using his foghorn voice.
Rally caps
The first known rally cap was seen during the 1945 World Series when the Detroit Tigers flipped their hats inside out hoping for a rally against the Chicago Cubs. The Tigers magically started a comeback and ended up winning the World Series. About 40 years later, during the 1985 season, the New York Mets players donned rally caps and the fans started to copy the players. That’s when the baseball trend took off.
Cracker Jacks
The caramel-coated popcorn-and-peanut snack known as Cracker Jack has been served at baseball games since 1896, according to historian Tim Wiles. The snack wasn’t served at an MLB game until 1907, one year before Norworth included the snack in the lyrics of “Take Me Out to the Ball Game.”
Keeping score
Sportswriter Henry Chadwick, the creator of baseball statistics and scorekeeping, designed the first scorecard grid. Chadwick’s original scorecard was nine batters deep and nine innings wide. Chadwick used codes to indicate what the batter did and which fielder handled the ball. Most of Chadwick’s scoring codes, such as the “K,” are still used today. Keeping score has become a tradition for baseball fans to follow and be a part of the game.
Brewers’ sausage race
The sausage race at the Milwaukee Brewers game started as a virtual race on the scoreboard at County Stadium. When the Brewers moved to Miller Park, the virtual race was thrown out in favor of actual sausage costumes. The sausage race now consists of five sausages (brat, chorizo, hot dog, Italian sausage and Polish sausage) running from the left field foul pole to home plate. The Italian sausage is the all-time winner through September of 2020.
National anthem
The first documented American sporting event to play “The Star-Spangled Banner” was a baseball game in 1862 during the Civil War and before the song was labeled the national anthem. The tradition of playing it before games gained popularity during World War II.
Throw it back
The tradition of fans throwing back home runs hit by visiting players started with Chicago Cubs fans. Any Cubs fan who caught an opposing teams’ home run knew to throw it back onto the field. The tradition dates back to 1969 when a fan in the bleachers caught a ball hit by Hank Aaron and chucked it back onto the field because of a rejection of trying to return a ball to Aaron a year earlier. It didn’t help that it was a crummy year for the Cubs.
‘Sweet Caroline’
The tradition at Fenway Park is to play Neil Diamond’s recording of “Sweet Caroline” prior to the bottom of the eighth inning during every home game. The tradition began during a 1997 game when a Fenway employee in charge of ballpark music played the Neil Diamond hit because she knew someone who recently had a baby named Caroline. The song found a permanent home in the bottom of the eighth inning when Charles Steinberg became the Red Sox executive vice president and suggested it become tradition.
Opening day in Cincy
Teams often switch between home and away every opening day, but not the Cincinnati Reds. MLB opening day is always in Cincinnati. It’s not an official baseball rule, though it is a tradition. The Cincinnati Reds have started every season in Cincinnati since 1876, and it’s because of the weather. According to Reds historians, Cincinnati is always the opening city because it is a southern city.
Angels’ rally monkey
The rally monkey is a tradition started by the Los Angeles Angels in 2000. In a game against the San Francisco Giants, the video board operators played a clip of a monkey jumping up and down along with a clip from Jim Carrey’s “Ace Ventura: Pet Detective.” In the ninth inning, the operators played the clip again with the words “rally monkey” above it. The Angels completed a comeback and the rally monkey remained a fixture.
McCovey Cove
The section of the San Francisco Bay beyond the right field wall of Oracle Park is known as McCovey Cove after Giants first baseman Willie McCovey, who routinely hit home runs into the water. Fans started to line their boats and kayaks waiting for the next home run to splash into the water. Even though the body of water was named after McCovey, the area was made popular by Giants’ legend and home run king Barry Bonds, who hit 35 baseballs into McCovey Cove.
Presidents race
Similar to the Brewers’ sausage race, the Washington Nationals designed their own version of the race. Instead of sausages, the Nationals race four presidents: George Washington, Thomas Jefferson, Abraham Lincoln and Theodore Roosevelt. The race became a team tradition on July 21, 2006, in the middle of the fourth inning. If the game goes into the 13th inning, the presidents get suited up and race again. Teddy Roosevelt is the all-time champion with 35 wins.
W flags
The original W flag affiliated with the Chicago Cubs didn’t mean “win” until 1938. Before that season, the W referred to Wilmington Transportation Co., a company purchased by William Wrigley Jr. The Cubs continue to fly the W flag when the Cubs win a game to let passengers on the “L” train know if the Cubs won or lost that day.
New York Mets home run apple
The New York Mets added the home run apple to Shea Stadium in 1980. New team owners were looking for ways to attract fans back to the stadium after a long stretch of losing seasons. The Mets encased the home run apple in an oversized top hat in center field, and the apple would appear from the hat after a Mets player hit a homerun. The apple became a staple in Mets tradition. When the team moved into Citi Field, the apple found a new home but the tradition continued.
Houston Astros home run train
Train tracks were installed 90 feet above the field at Minute Maid Park in 2000. A 15-foot-high and 56-foot-long replica of an 1862 steam locomotive makes a 40-second trip back and forth on its track every time an Astros player hits a home run. Every time an Astros score a run, the train sounds its bells and whistles.
‘OK, Blue Jays’
The seventh-inning stretch at Rogers Centre in Toronto doesn’t play the typical “Take Me Out to the Ball Game.” The Blue Jays have a signature song called “OK, Blue Jays” that plays during the seventh inning stretch. The song was first released in 1983 by Canadians Jack Lenz and Tony Kosinec.
‘Big Mac Land’
The St. Louis Cardinals named left-field section 272 “Big Mac Land” as a tribute to former first baseman Mark McGwire. Whenever a home run is hit in that section, everyone at the game is entitled to redeem their ticket for a free Big Mac at all participating McDonald’s.
The Ivy
When baseball fans think of Chicago’s Wrigley Field, they often think of the ivy on the outfield wall. Cubs president William Veeck planted the ivy against the brick outfield wall in 1937. The ivy has made an appearance in Wrigley Field every season since, and even has its own rule. If a ball is stuck in the ivy, it is an automatic ground-rule double.
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