Major League Baseball handed down a 324-game suspension to Dodgers pitcher Trevor Bauer last month after finding he’d violated the Domestic Violence, Sexual Assault and Child Abuse policy. Bauer denied all wrongdoing and immediately announced plans to appeal the ban, and Britt Ghiroli of the Athletic reports that hearing is set to begin on May 23.
That’s not to say a resolution is forthcoming shortly. Ghiroli reports that the process is likely to take place over several days in the coming months, with scheduling subject to the availability of the arbitrators. The panel will consist of three individuals — one of whom was selected by the league, one selected by the Players Association, and one independent arbitrator approved by both parties.
Three women have made public allegations that Bauer assaulted them during sex. He was not charged criminally, but the league has the authority to hand down discipline even in the absence of charges (as it did in this instance). The pitcher has denied the allegations.
Bauer’s appeal marks the first time a player has contested a ban under the Domestic Violence policy. (All previous players found to have committed a violation agreed to their suspensions). The 324-game suspension is the longest handed down by the commissioner’s office since the policy was put into place. Bauer was on paid administrative leave between last July — when the first woman’s allegations were made public — until the suspension was announced on April 29. He is not being paid during the appeals process. Bauer signed a three-year, $102MM free agent deal with the Dodgers that runs through 2023.
Cant wait to read the comments below
According to the women, he has no “appeal” at all
wow………
Let’s give it up for Curly. He’ll be here all week, folks.
Thanks Milt, please don’t clap, I already have it, crabs was actually worse
I know! Comments on this topic are always so civil and considered and not at all vituperative or simplistic. I really learn a lot from everyone.
Why? “I beat her up but it was all consensual”. Yeah Ozuna got a light suspension but Bauer has likely sexually assaulted numerous women. There’s no place for him in a game that is supposed to be marketed towards families and kids
Your proof that he has sexually assaulted numerous women?
Three different women have made roughly the same allegations. Bauer doesn’t really even deny the gory details of what they allege, he just claims it was “consensual”. But here are some truths about that:
1) Courts have ruled repeatedly that you cannot consent to assault. BDSM has always existed in a legal grey area as a result. Ask anyone in the kink community. Right or wrong, if you engage in this stuff you put yourself at risk.
2) You cannot consent while unconscious. That is what happened with the woman in San Diego, Bauer has never denied this. You might think “well if it was agreed to ahead of time…” but from what has been released there is no suggestion that this was what they agreed to
3) If you’re taking on a dominant role with someone and you represent to them that you know how to do something safely, and it turns out that you don’t know what you’re doing… then the entire foundation of that consent is rotten and eroded. This isn’t a “legal standard” this is what can easily be argued by MLB given what Bauer has tacitly admitted to.
Very well described, though keeping in mind we’re talking not about the law but an employment policy. “Because she asked for it” might work as a defense under the law in some cases, but it doesn’t cut any ice under the policy. Anyone who reads it could figure that out, which is what Bauer should have done.
That’s not proof. In the real world if you run around saying that someone “probably committed a crime” without proof that is called slander.
That is fair. Appreciate the intelligent and well thought out take, instead of people just berating him without any facts.
Col_chestbrigdge, I’m promoting you to General for those well thought out comments.
Plus………MLB does not need “proof” in the legal sense of the word. They have an agreement with the MLBPA regarding this policy, what constitutes violation, standards of evidence, who punishes, the appeal process, etc.. So it matters little what happens to Bauer from a legal system standpoint.
I’m no lawyer but if a woman asks to be choked and she passed out by mistake, I don’t think that’s sexual assault. If you get oral from a girl with braces and you tell her you like some teeth with your oral and she accidentally slices you open, that’s not assault. Sexually injuries happen more than you think. There’s a show about it actually. Called Sex sent me to the ER
Well it does matter in at least one way. If he’d been charged the commissioner would not have needed to take action under the policy.
There will never be “proof” since no one else was there and it wasn’t recorded. But they’re should be a reasonable explanation, not just blindly handing down punishments to anyone accused
There will never be “proof” since no one else was there and it wasn’t recorded in almost all criminal cases! Yet we regularly send people to prison for life or even give them the death penalty without all of that unequivocal “proof”.
If you’re not completely disgusted by what’s been put out in the public space already, then I for one think something is seriously wrong with you. Just reading your interpretations (basically saying “the girl asked for it”) is so repugnant, I don’t know how people like you live with yourself.
Huh? Some women like stuff like that, sorry you’ve had a boring sex life. But that’s not what the issue is. The issue is if it was consensual or not.
No, it isn’t the issue at all. You really like being wrong, don’t you?
Never mind the ick card you turned over.
I’m gonna mute you now cuz I really don’t like anything you have to say. You’re annoying
The charges by the Commissioner’s office are invalid. This is not a case of domestic violence, in any way. The woman involved was not Bauer’s wife or girlfriend. If the appeal process is “on the level”, Bauer will be exonerated. The entire suspension should be thrown out, as Bauer has asserted.
baseballhistory, it’s a case of sexual assault though, which is covered under the Joint Domestic Violence, Sexual Assault and Child Abuse Policy.
tigerdoc616
1 hour ago
Plus………MLB does not need “proof” in the legal sense of the word. They have an agreement with the MLBPA regarding this policy, what constitutes violation, standards of evidence, who punishes, the appeal process, etc.. So it matters little what happens to Bauer from a legal system standpoint.
And you dont have any issue with mlb not needing proof and just doing whatever they feel like?
You made the mistake of reading the policy!
If your thought process was correct about legality then what happened to the prosecution
Cheers to Col. Chestbridge. Every once in awhile, I read something on here that is intelligent and well thought out. Probably all downhill from here. Go ahead trolls, do your thing.
The ‘proof’ that exists lies in text messages and DM messages on Twitter. According to Bauer, there is explicit proof in those texts that state exactly what some of these women wanted him to do to her. If all of that lines up with what happened then the court will find this “consensual”.
With that said, I do find what Bauer did to these women as repugnant. It’s one thing to have a fetish or a kink, but violence of this nature is crossing a line. It will be interesting to see how the arbiters rule in this case. They are not looking at what the women asked him to do per se, they are looking at whether or not MLB has the right to suspend him based on the evidence.
Yes. The issue was whether it was consensual or not…since the woman was unconscious when he had anal sex with her after he choked her out, we can say that it was not consensual, correct? Cant give consent whilst unconscious.
An anonymous woman from 8 years ago and another person who supposedly filed for a restraining order. Not exactly a mountain of proof
Never will understand why someone would feel the need to tell another person that they’re muting them, whether they are actually going to or not. If you want to mute someone, just do it.
This ain’t it, bro. Where did he admit to or “not deny the gory details”? He’s literally said he had consensual sex and that the events as these women described them is inaccurate.
Kind of convenient that the Ohio women first made a complaint after the SD woman filed her DVRO claim and made it public, and that these new, strikingly similar details emerged 5-10 years after what they allege took place, now for the first time. Also seems convenient that this all only happened after they each hired lawyers (who they admit reached out to Bauer first — I wonder what for!) and admit to chatting with the SD woman first…
RE: #1, right on. don’t think anyone disputes that…
RE #2, that’s fair dude but he literally denied almost everything she alleged including that anything happened while she was allegedly unconscious. Did you see her texts about how turned on she was at the idea of choking and how she wanted to “go out”? Not saying there aren’t boundaries, obviously there are, but a judge in LA ruled last summer that there was no sexual assault and said she lied to the court. I believe the exact quote was that she “materially misled” the court in her claims.
RE #3 Where are you seeing he admitted to something they didn’t agree to? Hes’s said they talked through everything ahead of time and never crossed any boundaries. Didn’t she text her friends that she was going to get a range rover out of this and she was going to “secure the bag”? What am I missing here?
Only two people were in the room but you have to look at motives here. MLB has a lot to prove, I guess we’ll see how it plays out.
It will be more than three. He has a longgggg track record
One need not be a “wife or girlfriend” for it to be domestic violence. That’s not even the standard in a court of law. Secondly, I cannot believe you literally took the time to type out a slimy statement like that.
@doggerdoyer88 Bauer admitted that he committed violent acts with an intimate partner. He and his agent are both quoted publicly saying he did it. Its also in his testimony in the restraining order hearing. He admitted that he struck her. Whether it was a punch or a slap is irrelevant. It was violence. He admitted that he choked her. Again, that is violence. That much is not in question. At all. Not even a little bit.
In terms of MLB league policy as defined in the CBA, it doesn’t matter if the violence was consensual and it doesn’t matter what Bauer and the woman agreed to. MLB policy in the CBA does not take consent into account. Domestic violence is considered any act of violence. sexual, physical, or verbal There are no exceptions. Bauer admittedly committed violent acts with the woman in question. He violated league policy. Nothing else matters. Period.
Not even going to time the time to point out all the other misinformation in your comment.
Oh, but it was recorded. The Washington Post reported that Bauer filmed many episodes and the lawyer for one of his accusers has seen the video.
C’mon man, we all know a woman would never ever lie to get what she wants!
Update
twitter.com/BauerOutage/status/1708904525724270659
Bauer’s not a good guy, but “numerous women” is certainly jumping to conclusions. He was just accused by a second at this point. Maybe you’re right, but it’s too early to go there.
Just accused by a third actually
my mistake, forgot about the woman from Ohio.
We don’t know if the accusations made by the other women factored into the commissioner’s decision, and we’ll probably never know unless Bauer decides to tweet about it. Which, I wouldn’t put past him.
3 — a third came out post appeal and said she’d testify on record during his appeal proceedings
That’s a totally inappropriate and unfounded thing to say – “Bauer has likely sexually assaulted numerous women”. You have no basis in facts to make such a comment. Sexual abusers are the scum of the earth, and those who accuse others of sexual abuse with no proof are right behind them. Let the process play out. Don’t attack someone’s reputation unless you have specific facts to back it up.
“Bauer has been accused of sexual assault by numerous women” is the more accurate way to phrase what’s happening. it’s terrible for everyone involved
Accused does not equal guilt. Let the process play out.
Keep in mind the arbiters are not ruling on whether or not Bauer committed any crime here; the courts have already cleared him on those charges (not enough evidence to pursue a legal case). These arbiters are only ruling on whether or not MLB has a right under its existing policy to suspend Bauer. MLB does not require a legal conviction to suspend someone under their domestic violence policy so it will be interesting to see how they rule. I wouldn’t be surprised if they upheld MLBs decision to suspend him but they lower the suspension to 1 year or less based on previous penalties handed out by MLB under its policy.
Burden of proof is fully on MLB. They have to show “just cause” that he committed a cover act under the MLB policy AND “just cause” that the punishment was appropriate.
Where did he ever say that? (spoiler: he didn’t). He said they had consensual rough sex but that everything she described didn’t even happen. Looks like the judge in LA agreed with him…
I seriously don’t understand takes like this. Choking and beating someone to the point where they lose consciousness, and then continuing to perform sexual acts on them goes way beyond “rough sex”. There has to be a line somewhere.
extend it
That was Bauer’s problem, it was always extended
Given the extremity of the kink; Bauer might have the opposite problem.
*Michael Jackson popcorn GIF*
I’m going to go out on a limb and guess that Bauer will not be hiring Amber Heard’s team of lawyers.
You really pooped the bed on that comment.
It is the best Sunny episode though….
elmedius..excellent episode but I’ll have to go with wade boggs challenge
LOL I don’t think anybody will be hiring those lawyers any time soon
All of these articles contain a deceptive statement, such as here: “but the league has the authority to hand down discipline even in the absence of charges.” It should say, only in the absence of charges. A player who is charged with a crime will not be disciplined under the policy. It isn’t necessary, as they will land on the restricted list. This is why the commissioner’s decision was delayed for so long. The disciplinary process described in the policy is strictly for violations of the policy. It has nothing whatsoever to do with criminal charges.
@BlueSkies Ozuna was disciplined while facing charges. Those charges were dropped during the off season when he completed his community service and anger management courses.
Had he actually been charged at the time the commissioner suspended him under the policy? If you’re talking about facing charges, Bauer was too.
He was formally charged with misdemeanor battery and assault in July last year. It was originally a felony charge. I don’t recall when MLB issued the suspension but I believe he completed the requirements of his plea agreement this January.
The suspension was issued retroactively in late November, after the charges had been dropped. Before then he was on administrative leave, as Bauer was. If the charges had not been dropped, the commissioner would have no reason to suspend him under the policy. That’s my understanding at least.
Bauer was never facing charges. He was never arrested or charged — big difference. Ozuna was legit arrested and pled out… The SD woman couldn’t even get a restraining order (lowest burden of proof in our justice system). The LA judge ruled that no assault took place and that she lied to the court.
Well if you look at Ozuna, Domingo German, Aroldis Chapman… they all went on to play in the MLB. Ozuna for the Braves and Chapman & German for the Yankees. Yankees owner said, “Sooner or later we forget.” Class act. Teams and especially their owners who want to win overlook these things. I find that disgusting. Bauer exhibited terrible behavior several times & I was surprised the Dodgers signed him. They knew he was a egomaniac that didn’t care what he said or did to others. Even after he signed he performed antics like ‘pitch with one eye shut’ and risked players careers and even lives. “I was just having a little fun.” Well he hit Ty France from the Mariners. Real fun. He should have been suspended for that alone. I’m not sure why Dodger fans weren’t bothered about his behavior during the 2021 post season. He had been kind of quiet but suddenly reappeared larger than life asking his followers to join him to watch playoff games between different teams. Was he cheering on the Dodgers? No. He wanted the limelight. He could give a rats a$& about his team or teammates. He harasses women on social media etc etc. Reprehensible human in my book. After all of the accusations Bauer has been through he sent a text to NFL player Deshaun Watson for signing a new contract. Watson was also accused of sexual misconduct. “Happy to see the NFL & their franchises are allowing you to continue your career after all of the BS and lies you’ve been through recently.” At best this text is tone deaf. He clearly doesn’t give a . He should be suspended without pay but I don’t think it should be as long as it is since it is not the amount of time of some other suspensions. But I don’t see what MLB has seen either.
I am curious, IF* Bauer happens to win his appeal, what do the LAD do? Eat the money & cut him? Play him anyway? What a PR nightmare for the FO. That’s a decision I am certain they don’t want to face.
@Clip If he does win, they’ll cut him. It’s pretty telling when all of your work colleagues unfollows you on social media while still technically employed and under investigation. They have to know more than we do or ever will.
That’s a lot of money for LA to swallow if they do. Like, a prohibitive amount.
It’s so weird of how publicly unacceptable this still is; taboo, if you will. Yet, the market for the material (books/movies) is so outrageously popular. Does the public not realize that there is a direct relationship between the two? That the actions of people are inextricably linked to socially acceptable/popularized material like this?
It’s always been amazing to me how depraved society can be… all parties involved in this are reprehensible for that which was engaged in, but that doesn’t justify those acts which were not consented to.
Like my father always taught me, don’t make bad decisions and expect good results – whether at fault or not, Bauer is high-profile enough to know this would’ve backfired at some point, regardless of how consensual it is. He was playing with gasoline and fire and got burned.
I’m not assigning guilt to him, because I wasn’t there. But, this should be a lesson for both men and women all over the world about what happens when one engages in situations like this, consensually.
They should’ve done their homework. Can’t let them off the hook just because the media pampers them. It’s also been amusing to see LAD complain about the Astros for 5 years while openly embracing Betts et al who also “cheated” them. Funny cognitive dissonance out there in Chavez Ravine.
Family, kids, young, old, conservatives, liberals, what special interest group finds his behavior to be acceptable?
I keep trying to teach my kid that how he is perceived is important. How the heck can you pass this behavior off as acceptable?
My dad was an attorney and used to tell me something along the lines of: “Sometimes it’s not whether or not you’re guilty, it’s whether or not you made yourself look guilty”. In other words…. you’re right, sometimes perception is everything.
If the accusers kept hitting him up and texting him to hang out then what perception is that? As an attorney your Dad should also have taught you that as a defense all you need to do is create reasonable doubt. Perhaps that alone could be considered reasonable doubt. But why would you say he’s making himself look guilty? He adamantly denied everything from day one and even posted screenshots of the women hitting him up after the alleged incident on twitter. If you were accused of something similar but were innocent, how would you be acting differently?
Seriously — great point Lyman. Not sure what else Bauer is supposed to be doing here… He said he didn’t do it and he’s fighting. If you’re falsely accused are you going to just sit there?
You don’t know what his behavior was, that’s the point that’s missing you. How do you know he did anything wrong? What the hell do you know about those women or the texts between all parties? People like you who jump to conclusions is exactly why thank god in this country we have a Constitution and a due process. Before people like you just burn people at the stake with literally no facts yet. Smh
The person who knows is the commissioner. And forget the random legalisms, because this is not a court of law.
Manfred wasn’t in his bedroom. All he knows is Bauer once tweeted a mean tweet about him so he has to be exiled out of baseball.
Lol the commissioner who he has called an idiot and said doesn’t understand the game of baseball? Sure I bet he’s totally unbiased. Definitely a better guy to rule on this than the police and courts — makes sense.
He choked a woman unconscious and then anally raped her. I dont think calling him a rapist/assaulter is much of a leap. Unless theres some secret code that allowed her to communicate consent while unconscious…due process fails sexual assault victims over and over and over and over and over ad over and over and over and over.
There hasn’t been any medical evidence (or any physical evidence) to support that. There were no marks on her neck, no injuries beyond surface level bruising and a single abrasion that could have been acne according to the nurse who examined her and a medical expert that testified at the hearing. You can’t just go around and call someone a rapist/assaulter without credible proof, and the LA woman judge ruled the SD woman had none last summer. She “materially misled” the court in her filing, deleted an insane amount of messages and photos, lied to the court, etc. and the RO was denied bc the judge found there was no past act of abuse or assault.
I don’t think anyone is suggesting that Bauer’s actions were acceptable. Two wrongs never make a right. When the legal case was deceided, that should have been the end of any further punishment. Bauer’s case is different from all the previous cases that involved domestic violence. The action by the Commissioner’s office was vindictive. Let’s see how the appeal plays out.
It wasn’t vindictive. It is straight up a business decision. Bauer is detrimental to the business of MLB. This isn’t about whether he is guilty or innocent, it’s about how Bauer’s image can damage MLB’s product. Plain and simple. They will settle and Bauer will get some of the money remaining in his contract, although a small percentage, in the 20-25% range.
Well summarized SCBrave
What in Bauer’s history gives you the idea that he would consider settling for even a second?
The idea that “his actions” were acceptable or not is up for debate because none of us know what they actually were. We know what the woman said (in messages to him and in court) and what he said, we also know what the judge found.
Definitely feels vindictive by the commissioner. He called him a clown, a joke, and a lot of other things over the last few years. His case is different in that he didn’t accept a settlement and appealed. Will be interesting to see how it plays out, just sucks the arbitrator’s hearing is private so we won’t know a lot of details.
move over Johnny Depp
Nothing has been proven. I hope the players union fights for his rights to be presumed innocent until proven guilty. Not just accused. @yankees500 maybe you never had a freak in bed who likes it rough, but a lot of women like to be smacked, spanked and choked. Some like even crazier stuff than that.
Bauer has posted texts of the accusers continuing to contact him and pursue him after the alleged incidents. So it’s at the very least not an open and shut case. The civil judge will have to look deep into all the texts, interview people who may be close to the situation and then make what I imagine will be a tough decision.
But on what grounds is MLB suspending him? Have they said exactly on what grounds? Or anyone who’s accused gets a suspension? Anyone can accuse anyone of sexual violence during sex, and since it’s behind closed doors, how can it be proven? Only circumstantially with texts and statements from people close to all parties involved can you maybe get a good idea. But it’s really a he said she said. If I was famous and one woman came out publicly accusing me, then another 2 came out and I knew for a fact I didn’t do it … I’d act exactly like him and I’d hope I didn’t get fired or suspended and have my reputation tarnished before my day in court.
Also, if I was one of the women I wouldn’t want my complaints brushes under the rug. I’m glad they’re being taken seriously. The situation should be looked into deeply, as it will be in court. But until then, I don’t agree with punishing him. If he’s found guilty then throw the book at him.
Save it for trial, Perry Mason. This isn’t one.
Why bother with a trial when all of the mini dictators here have already decided the verdict and sent him to the chair? For a country that is so big on rights (free speech, 2nd amendment, etc.) it’s amazing how little they seem to care about one of the most important ones – the right to be presumed innocent until proven guilty.
I’m not judging him in a court of law. But I’m judging his known actions as reprehensible and inexcusable. I have nothing to do with the law, I just think the guy is a depraved jerk.
You do realize that the MLBPA agreed to the policy. And this isn’t a legal proceeding so it isn’t innocent until proven guilty. This is about whether or not he violated a specific MLB policy.
They agreed to let people be suspended with no evidence of wrongdoing? They agreed to let players be suspended simply because they were accused?
Are they supporting his appeal?
Wrong, wrong, and… wrong.
how is it wrong that MLB is defending him in the appeal…?
*MLBPA not MLB. MLBPA is defending him in the appeal
The evidence of his wrong doing was his CONFESSION! What he has admitted to is terrible enough. I hope he never plays another game.
Arbitration is a legal proceeding, it’s just not a criminal one, nor one that needs a courtroom or judge.
It’s quasi-legal. A different procedure and only legally binding on both parties if they agree to it.
Bauer admitted he committed violent actions with an intimate partner that are against the rules of MLB as defined by the CBA. Criminally it mattered whether those actions were consensual or not. No where in the CBA does it say that non-consensual or consensual is to even be considered. Just that it was violence. Bauer admitted he struck the woman and that he choked her. That is definitely violence. Whether it was consensual or not, is beside the point. The very act of violence is against the rules and Bauer admitted he did those things. To play in MLB you agree not to have that particular kink. That is why you always read the fine print. Bauer must not have.
Bauer’s already played his final game in MLB.
I would be surprised. There’s always a team willing to roll the dice on a talented but severely flawed player
First of all, that’s an outstanding name, Mango. Second, I don’t totally disagree with “surprised,” but I think Bauer’s crossed too far over that unspoken line. I think he’s done in MLB.
Yep. Move on.
Just imagine having the talent, the size, the tools, the opportunities, & the luck to make the big leagues, and be at your peak, signing the biggest, generational-money-changing contract of one’s life – to throw all it away because of a sexual perversion.
I know he’s still a multimillionaire, but it’s still gonna sting…forever for him.
Everyone’s level of sexual perversion is formulated on how perverted they are themselves. “My kink is okay, but that’s just too far.” One person’s vanilla is another persons perversion. To some people, sex before marriage is disgusting. I don’t think any of us should be judging anyones sexual preferences/likes, as long as it’s all consensual.
You bring up a valid point, my friend, but it’s only to a degree, imo. My view is based on a standard set apart from my own, but I’ll set that aside for a moment for the purpose of this discussion.
“Kink” is vastly different than unhealthy, overtly dangerous behavior. Getting beaten, or fining a beating, as a means to sexual gratification is not a level of kink. That’s unhealthy, dangerous sexual depravity demonstrates other mental health issues – that’s objectively true, not a subjective opinion.
So, although I do agree with what you’re saying in the larger context, I think the latter point is where we disagree on an objective level. But, I also don’t believe Bauer should be convicted in a court of law for his behavior *if* there is not proof of a crime. As for the MLB policy, I simply don’t know whether he violated the legal terms of it. Lawyers will argue, a decision will be made.
But, Bauer as a role model for kids in LA or elsewhere (*not* because of his antics or politics, but specifically because of this) is a frightening thought.
Consider how long we have fought against physical abuse against women both sexually & non-sexually in society. Consider how long we’ve worked as a society to instill how improper it is in our youth, & how husbands cannot simply smack their wives.
But, now we are saying it IS okay to beat them, & do it while having sex with them, potentially while they’re unconscious (which is disgusting), as long as they are cool with it? It’s no wonder our society is in its current place. We are undoing all those good, valuable, moral lessons, because it’s now “sexual” & agreed upon.
I’m sorry, I just can’t get behind that, ever. I can’t see any value in it, I can’t see any value from it, I don’t think that should ever be socially acceptable or something that isn’t judged. Bauer’s commitment to those types of relationships should never be a part of normal or acceptable society.
I do respect your opinion if it differs. But I’ll just never see is as anything other than justifying abhorrent behavior. I also don’t solely blame Bauer, just to be clear.
I believe we should be willing to take at face value the commissioner handing down a suspension twice as long as any before as evidence of whether the policy was violated. The alternate reality theory we hear a lot is this suspension is some sort of conspiracy to punish Trevor Bauer for being Trevor Bauer. Just more weird, fact-free paranoia for a weird, fact-free and paranoid time I guess. The arbitration panel will have to make their decision, then we’ll see what the lawyers have to say. But I don’t believe any legal arguments in the end will have much if anything to do with what happened in Bauer’s bedroom, they will be over whether MLB has the authority to sanction him for it.
Ya know, at first I believed part of that because he was so vocal, BlueSkies, and maybe this is just their opportunity to rightfully punish someone they can’t stand anyway.
Regardless, his actions are despicable. I don’t believe his actions should convict him. But, that doesn’t change that they’re abhorrent, disgusting, & immoral by any objective standard, even if consensual. I don’t know if MLB will win, but this speaks to a much larger problem in society. Work policies generally have much greater latitude in their interpretation, legally. I wouldn’t be surprised if he loses this because of the gravity of the acts engaged in, if for nothing more than to set the precedent now that nobody will ever participate in this activity and be permitted to continue playing in MLB.
I think we should let people live their own lives, but that doesn’t mean there aren’t consequences for those choices. If he wins, I understand why & I agree that it’s tough to police someone private intimate interactions through work policy.
But, as a society, this cannot be accepted as normal in any way.
Being a jerk is his superpower, even according to him. Bauer said about himself: “I’m good at only two things, throwing a baseball and pissing people off.” Since he now can’t do the former, he’s going to devote himself to the latter. That said, he isn’t going to be convicted of anything because he isn’t on trial. This is entirely about whether he violated his terms of employment. It’s an administrative process conducted according to the rules that govern his employment. His avenue for pissing people off is to challenge the right of the union to collectively bargain those rules.
It’s ironic, really. Everybody should know baseball has rules. It’s a game of rules, and a player doesn’t have to be convicted of a crime to be thrown out of the game, only found to have violated the rules. For example, PEDs aren’t illegal, but using them in baseball is prohibited. If Bauer is successful (which I doubt he will be), what happens to those collectively bargained rules? They get blown up. Hardly anybody wants that to happen, not MLB, and not the union. Fans shouldn’t either. Only Trevor Bauer does.
Yes, that’s very well said, BlueSkies. And, I agree with you. My opinion, as I see this progress & more facts present, is that you’re assessment is the most likely outcome. Employer rules vary greatly from law in their construction, interpretation, & application. I doubt he will win this case given what I’ve read at this point, but I’ve been involved in rulings that resulted in outcomes that were supposed to be more “predictable “ than this, and was shocked.
This could take years to resolve and in the meantime baseball’s labor-management relationship could be put in limbo, as if it wasn’t shaky enough already. I hate to come off as a cynic, but I believe Bauer’s motivations here are to create as much havoc as possible. It sure isn’t about rehabilitating his career. The path to doing that is clear enough. It’s been followed by many others. But he refuses to go down it, to the detriment of himself and the game.
If he did it or not, he should have settled this before it went public. Opportunity cost is nuts, plus when he is back he is gonna get blackballed by owners.
Could have cleared this with a couple hundred grand and a smaller ego.
Don’t think he has it in him to settle. Don’t think he’s physically capable of it.
so you think extortion is cool? where does it end? this ain’t it.
Regardless of the outcome of this hearing, Trevor Bauer has pitched for the last time in MLB. Which general manager in the major leagues would ever take a chance and be associated with this player? No matter what the ultimate decision is and no matter whatever perceived upside there is by signing him, it’s over. Bauer is done. In perpetuity. The End.
unlikely but i can bet alot of people would still take a chance on him. Brett Myers, Odubel, Ozuna is still playing. Lots of players!!
Roberto Ozuna is pitching in Mexico.
I wanted the Orioles to sign Osuna
I would be very happy to give him a second chance
Funny how all the allegations start coming out after he signs a deal worth more than $100million+ deal. Is he jerk for sure. But to think that he deserve 324 games is ridiculous. Its like LAD had somebody in MLB fix their problems. I think at most he deserves is 81 games. So far every allegation he has vigorously defended and won in the courts.
I don’t doubt for a second that Dodgers ownership had a hand in the length of his suspension.
You should doubt it for the rest of your life.
Time served!
Usually Los Karens players just cry and make baby faces about hitting trashcans, hitting women is a whole different thing and not allowed!
This isn’t about the law, it is about whether he violated a league policy, one the players agreed to. Based on what is publicly known, never mind what might not be publicly known, it will be very difficult for Bauer to get this overturned. At best, he has to hope they shorten his suspension. It is lengthy, 2 full seasons. The longest previously was one full season.
Whether or not he has played his last game or not, hard to know. He is a good enough pitcher that I can see some team giving him a shot whenever his suspension is done. Several players who have violated this policy have played after their suspension. He’ll only be 33 when his suspension is over if he serves the full amount.
If you think he’s radioactive now, wait until he loses the appeal and sues everybody.
He isn’t going to lose the appeal. The only question is whether the full suspension is thrown out, or it is reduced.
The suspension may well be reduced, but it surely will not be thrown out. Key to that outcome is whether the player agrees to serve whatever suspension the arbitrators hand down. I don’t see any evidence that he would agree to serve even one game.
It won’t get thrown out. Other players have been suspended for less. But on the other side of that coin, players who did more have gotten less than Bauer got. In fact, the record suspension for this sort of thing before Bauer’s suspension was half of what Bauer got.
I agree it won’t be thrown out but perhaps reduced. But I don’t know what difference that will make if he refuses to serve any suspension. The commissioner surely knows that he handled down a suspension twice as long as any before but that should tell us something about what he heard in the evidence gathering process. A lot of commenters seem to think they know exactly what it was, but of course they have no actual clue.
Bauer admitted committing violent acts with an intimate partner. That is against league policy. A policy that was collective bargained and Bauer agreed to in his signed contract. Bauer has no argument against it. He admitted he did it. Whether it was consensual or not only applies in a court of law, not in the rules laid out in the CBA. While he might argue that the penalty is unprecedented in length, he cannot argue that he didn’t violate the policy after he already admitted that he did.
It’s the longest suspension because all of the others were negotiated settlements, essentially plea deals. Why plead down and admit to doing something you didn’t do? Even Heyman who hates Bauer said he’s at least getting it reduced. Manfred has the entire burden here. The idea that he’s better equipped to pronounce guilt than an LA judge and our police/justice system is insane.
You are fundamentally misjudging the situation. You are conflating criminal culpability with violation of league policy as defined by a collectively bargained agreement. A CBA which Bauer agreed to by signing his contract.
In a criminal case you have to prove beyond a shadow of a doubt that a crime was committed to gain a conviction. In situations like this it revolves around consent.
For MLB to suspend or otherwise penalize a player, all that is necessary is that the player violated league policy as defined by the CBA. League policy prohibits violence. Sexual violence, physical violence, verbal violence, all violence.
Bauer admitted that he committed violent acts with an intimate partner. That part is not in question. He said he did it. It doesn’t matter at all if it was consensual. That violence is against league policy. Period. End of story.
And with a stranger he picked up on the internet. So there’s also that spectacular lack of judgment. I worry about the number of people who are sympathetic to his situation, as if he didn’t have any hand in creating it.
“ And with a stranger he picked up on the internet. So there’s also that spectacular lack of judgment. I worry about the number of people who are sympathetic to his situation, as if he didn’t have any hand in creating it.”
This is an excellent point. It’s not like there’s a lack of participants. There’s an entire sub-culture that exists. This isn’t just a Trevor Bauer problem.
Apparently you don’t understand that the internet is how most people meet each other now days. How is having sexual relations with someone you started talking to online, bad judgment? Lmao there’s literally dating apps, Twitter and Facebook for a reason.
Apparently you need to get out more.
For MLB to suspend a player — and in this case to have it upheld on appeal — the league has to find, and now prove to the abirtrator, “just cause” that a covered act that violates the policy took place AND “just cause” that the suspension is appropriate. Considering Aroldis Chapman non-consensually choked his girlfriend and then shot a gun EIGHT TIMES into the ceiling with her in the room and was given 30 games by comparison… There’s no way they can justify the discipline they gave here.
Also, consensual rough sex does not equate to “committing violent acts against an intimate partner”. He never admitted to “committing violent acts”… The idea that Manfred is the guy who should be regulating fully legal sexual activity among consenting adults also makes no sense.
Good luck with your theories, because that’s all you’ve got.
I’m all about fairness.
I think the Dodgers should be encouraged to reinstate him, put him in the rotation and have him pitch at least five innings(unless he gets knocked out… of the game) for the duration of his contract.
Especially on the road. On off days he could sit in the bull pen.
The team should be fair and not trade him. They should honor the contract. and pay him.
Also, it’d be fair to give any fan who asks a pro-rata refund for the games where he pitches, subject to reversal .when that would be fair.
The refund policy might be particularly popular with female Dodger fans.
Oh…by the way:
This forum may well be the most self-revelatory board on the ‘net.
At this point it feels like he will never play for MLB again, but the fight over how much he can retain from the Dodgers from any lowered suspension is what he’s going for.
Dodgers and the League basically working together to void his deal.
Wrong. Totally wrong.
I would appeal too
The man is a fool, but he is being railroaded
No crime committed unless the sex police get involved. My guess he wins but no team will touch him then he will sue like Kappernick and get millions more.
Difference is he won’t settle for couch change (by owner standards).
Trevor will have a stronger case (Kap turned down a co tract offer from Denver, after all) and way more determination.
Bauer admitted to violent actions that violate the rules of MLB as defined in the CBA. Bauer agreed to abide by that CBA in his contract with the Dodgers. This is open and shut.
Far from open and shut. He never admitted to anything that violates the policy. Consensual rough sex between two able and consenting adults may not be something you or Rob Manfred are interested in but that doesn’t make it illegal or a violation of the policy.
According to this article based on a study last year, 4/5 adults have engaged in some kind of “rough sex” and the definition of what that means seems to vary widely from spanking to choking and a lot of other things in between. psychologytoday.com/us/blog/the-myths-sex/202103/h….
This Men’s Health article cites another study from 2019 showing more than half of adults have engaged in rough sex: menshealth.com/sex-women/a30026303/rough-sex-psych…
This will get really interesting. I’d love to see what legal experts think might come out in this hearing abs tte subsequent lawsuits.
Not a legal expert but I don’t see Bauer agreeing to serve even a single game suspension. That much has been clear from the start. From what I’ve heard he is probably going to argue that the MLBPA has no authority to collectively bargain for him, and the courts have taken a dim view of such arguments in the past. This is also why the claims that the Dodgers conspired with the commissioner on the suspension are so off base. The Dodgers want stay as far away from this as possible, and they have, even though they’ve been harangued by the local media to cut him loose. This leaves the responsibility for the decisions where the policy puts it, with the commissioner. The team will no doubt be named in any lawsuit, but their first argument for being dismissed from it is they said and did nothing prejudicial to the case.
Why the hell do you have to be so factual and logical? Don’t you know it just confuses the crap outta most of these people?
I’m sorry. 🙁
Where did you see he’s arguing MLBPA can’t bargain for him? Haven’t seen that. The union is literally defending him in the appeal.
The union literally has to represent him, because he’s a member. Whether they defend him is another matter. The defense will come from his lawyers. As for what line they take, attacking the process by which the policy was developed is pretty much all they’ve got as far as I can see.
Considering he’s denied the allegations from the beginning (and a sitting judge agreed with him in LA last summer), why wouldn’t the most rational line of thinking would be that they argue he didn’t violate the policy at all? The conspiracy that the union doesn’t rep him makes no sense to me.
If there is no charges that should be the end of it. No crime then why does a league have to suspend too, seems like it’s just so the league can look righteous to the public.
Read the joint policy if you don’t understand why the league is doing this.
Read the horrible racist crap that John Rocker said before you glorify him with your tag. Can’t take anything you say serious
You can’t expect someone to actually read when it might interfere with their opinions.
The hearing takes place over a few days scattered over the next couple of months due to the a availability of the arbitrators? Moving at glacial speed
#MenToo
It’s plain as day that the Dodgers are leading the effort to keep Bauer off the field but doing it quietly through Manfred to avoid (as best they can) issues with the union.
Everything has been reverse engineered with that default goal in mind.
They want no part of him.
Absolutely not. Quietly means nothing in a lawsuit where every communication can be demanded in discovery. From day one the Dodgers treated this situation like a live legal hand grenade.
Only the insiders know the truth here. It certainly “appears” that the Dodgers, are working behind the scenes with the Commisioner. That is speculation only, and you could very well be right.
It doesn’t appear to me that way at all. The Dodgers know the risk and I suspect their lawyers are smart enough to keep their exposure to a minimum. But I know how hard it is to argue against a satisfying conspiracy theory.
I think it’s about the MLB taking down a relentlessly loud, disrespectful, unappreciative critic. The bedroom shenanigans is just the vehicle that is getting the commissioner to his preferred destination. It is what it is. You fire shots at someone, you can’t complain at the damage caused by return fire.
unappreciative of what? if anything he’s been irreverent but that’s not the same. he’s invested in trying to grow the game and connect with younger fans when the league doesn’t do anything to reach or attract gen z
Here we go again.
This is how Domestic Violence is defined in the Collective Bargaining Agreement, to which all MLB players are parties:
“Domestic violence is a pattern of abusive behavior in any intimate relationship that is used by one partner to gain or maintain power and control over another intimate partner. It occurs in heterosexual and same sex relationships and impacts individuals from all economic, educational, cultural, age, gender, racial, and religious demographics. Domestic violence includes, but is not limited to, physical or sexual violence, emotional and/or psychological intimidation, verbal violence, stalking, economic control, harassment, physical intimidation, or injury.”
You won’t find the word “consensual” in that definition. Therefore, it’s irrelevant to Bauer’s suspension. Under the definition the Players Association agreed to, he’s clearly in violation.
Bauer’s lawyers should’ve read it before they decided to contest his suspension — or perhaps they did, and they know he doesn’t have a leg to stand on, but it’s going to be a nice payday for them anyway. A knucklehead with $100M in the bank. What better client could you hope for?
It specifically says abusive behavior. If bauer had consent then it is not abuse.
No, breckdog: if someone says “I want you to abuse me,” it’s still abuse, by definition. In fact, the participants defined it as such.
The next paragraph:
“Sexual assault refers to a range of behaviors, including a completed nonconsensual sex act, an attempted nonconsensual sex act, and/or nonconsensual sexual contact. Lack of consent is inferred when a person uses force, harassment, threat of force, threat of adverse personnel or disciplinary action, or other coercion, or when the victim is asleep, incapacitated, unconscious or legally incapable of consent.”
BlueSkies, that refers only to “sexual assault.”
How can his legal team argue that he didn’t violate this section of the definition?
“Domestic violence is a pattern of abusive behavior in any intimate relationship that is used by one partner to gain or maintain power and control over another intimate partner.”
I don’t think they’re going to make that argument. I suspect they are going to try to attack the right of the union to collectively bargain terms of employment.
Bauer admitted to restraining her. Bauer admitted to striking her. Violence. Bauer admitted to choking her. Violence, It doesn’t matter if she consented or not. Its against the rules of MLB and Bauer’s contract. Its pretty cut and dried.
Like every other union, BlueSkies? How could they expect that to fly? And they’d then be fighting on two fronts: against the union and against the league AKA the owners.
I honestly don’t know, but I’ve seen the theory that Bauer’s legal team will go after the collective bargaining origins of the policy in articles in the local media. These articles also said that the courts haven’t been sympathetic to this argument in the past. Maybe they hope to find a friendly judge (meaning, hostile to unions)? Either way, I’m seeing that Bauer has given up on the idea of ever playing again, and he intends on arguing that it wasn’t his choice but the result of an unfair policy. Good luck with that. The length of the suspension the commissioner handed down tells me MLB is confident that the facts are on their side.
So here’s an irony. The domestic violence policy is one of the very few things the owners and players have managed to do collaboratively in years, if not decades. Now one player will probably try to torpedo it for no other reason than he didn’t have the good sense to abide by it. He could do a lot of damage to the game, but he doesn’t care. In fact that may be his goal, something fans who leap to his defense might want to consider.
The most important part is “ Lack of consent is inferred…when the victim is asleep, incapacitated, unconscious or legally incapable of consent.” This EXACTLY DESCRIBES what happened in the Bauer situation, and there’s no way Bauer can reasonably argue against it.
What you and many others here are mis-understanding, is this isn’t a case of domestic abuse or violence. Every other case involved a wife or girlfriend. This case is unique, and doesn’t fall under that mlb policy.
Nope. Read the text. It’s about any “intimate partner.” If MLB’s attorneys didn’t understand it that way, they never would’ve dared suspend him in the first place.
Anyone recall the South Park episode with Johnny Cochran?
I have a similar vision of the May 23 appellate hearing going the same way:
“Why are we talking about what Trevor did or didn’t do. What we have here is Chewbacca. It’s Chewbacca’s fault.”
Consensual rough sex does not equate to domestic violence. Have you ever spanked your partner during sex? If so, you should be fired from your job because your boss thinks it’s domestic violence — it doesn’t matter if your partner asked for it, enjoyed it and you can prove as much. That’s literally what is happening here.
This is from an article detailing what happened at the hearing last summer, in front of a female LA court judge:
“The judge found the encounters were consensual, and the woman’s initial declaration – on which she was granted the temporary ex parte restraining order – was “materially misleading” to the court. The Judge ruled that while there was a “dating relationship”, that no sexual or physical assault occurred”
“We consider that, in the context of a sexual encounter, when a woman says ‘no’, she should be believed. So what about when she says ‘yes’? Respondent did not pursue petitioner. He did not threaten petitioner to coerce her into sexual activity. And he didn’t threaten her after they had engaged in sexual activity.”
thesource.com/2021/08/26/source-sports-trevor-baue…
You are reading the words but not understanding them. If bauer had consent, and in at least one case he has written proof, then the fact force was used does not rise to assault. You cannot infer lack of consent when a person specifically has consent even if they had rough sex.
Btw i just wanted to make this clear i dont think bauer is a scumbag, i know he is from his texts. My issue is the policy and this is all about the money.
Again, breckdog, MLB’s domestic violence policy doesn’t require an assault charge.
It’s perfectly legal to play basketball. But if an MLB player is injured playing basketball, he violates the CBA.
The CBA prohibits “abusive behavior in any intimate relationship that is used by one partner to gain or maintain power and control over another intimate partner.” That’s pretty much a definition of the dominant role in an S&M relationship. For the purposes of the CBA, it doesn’t matter whether or not it’s legal in a court of law.
The responding officers in their report and the State Attorney of Florida in her official finding found no grounds to charge Aroldis Chapman with assaulting his girlfriend. All he did was lock himself in the garage and fire his handgun into the walls and through a window to let off steam. He still got suspended because she said it scared her.
The MLB made these rules, not the U.S. Congress, the legislators of the State of California, or the municipality where this occurred. These are private employment rules to which the players contractually agreed. Trevor has no case.
They are conflating criminal culpability with penalties for violating league policy. The MLB rules about domestic violence are in the CBA and they are clear. Bauer admitted he committed violent actions with an intimate partner. That violence, whether consensual or not, violated that league policy.
Additionally, the language in the CBA says lack of consent is inferred “when the victim is asleep, incapacitated, unconscious or legally incapable of consent.” That’s precisely what Bauer is accused of.
And while the D.A. concluded sensibly that he couldn’t prove this in a he said/she said case, with no other witnesses involved there’s no way Bauer can disprove it; and this isn’t a court of law where MLB has to prove anything beyond a reasonable doubt.
What’s more, this appears farther down in the text of the CBA:
“In certain cases, the Commissioner may decide that he is not in a position to impose discipline until the resolution of a criminal or legal proceeding, but that allowing the Player to play during the pendency of the criminal or legal proceeding would result in substantial and irreparable harm to either the Club or Major League Baseball.”
MLB’s brand is all about a family-friendly environment and a wholesome All-American image. Do you think they’ll have trouble convincing a judge that beating up, choking and penetrating unconscious women falls afoul of their standards and harms their marketed image?
The League is hypersensitive to their relationship to women because until recently they’ve been an exclusive boys’ club. They’re trying to overcome accusations of prejudice against women. This is a disaster for them.
That is, a public relations disaster if he’s reinstated.
do you think that its possible to consent to choking or rough sex in general? he’s denied anything she didnt consent to occured and denied any assault including when she was allegedly unconscious. The LA woman judge ruled that there was no assault, so if there was so much evidence she was unconscious it should have been a slam dunk there. Literally in front of a female judge in LA with the lowest burden of proof in our legal system.
no charges doesn’t mean innocent but allegations also don’t mean guilty
What judge ruled there was no assault? Where did you hear that? The case never went to trial.
“On February 8, 2022, the Los Angeles County District Attorney’s Office announced that they would not be filing any criminal charges against Bauer related to these incidents citing a lack of evidence.”
There was a 4-day hearing in LA Superior Court last August in front of a female judge over the restraining order which is how this all started (at least publicly). The woman, her friend, a nurse and a medical expert testified. The judge dissolved the temporary order the woman had and called her initial petition for it “materially misleading” to the court. She also denied the long term restraining order. This sums up what happened: thesource.com/2021/08/26/source-sports-trevor-baue…
“Following all testimonies, Judge Dianna Gould-Saltman delivered a 10-minute ruling with two outcomes: dissolving the temporary restraining order and denying a permanent restraining order. The judge found the encounters were consensual, and the woman’s initial declaration – on which she was granted the temporary ex parte restraining order – was “materially misleading” to the court. The Judge ruled that while there was a “dating relationship”, that no sexual or physical assault occurred because the woman had consented to the acts at issue.”
Pink Floyd the very lines of the domestic abuse policy you quoted states ” Lack of consent is inferred when a person uses force,” Mlb policy requires force to be used to turn consent to no consent, however if that force is consented to then that does not change it to non consent. By that definition every mlb player whose intimate partner has given them a hicky is guilty of sexual assault, every player who has been scratched is an assaulter as no consent is implied under mlb’s policy.
Breckdog, you keep repeating this, and all I can tell you is to reread what I wrote. Otherwise, we’ll just have to agree to disagree, and that’s fine.
I keep repeating it because you do not understand the policy. Break the policy down sentence by sentence and clause by clause and you will see what on the surface appears to be a clear cut violation is nothing of the sort. He had permission to commit the acts he did. I consider them vile acts but he had consent. The case that started this he has multiple emails from the lady in question asking for this activity and consenting to it. The way mlb policy is written literally makes every type of this activity non consensual if you so much as get chafed, by your reading. My issue is both with the policy and selective enforcement. Btw i understand if we are at an impasse so i will let the subject drop here. Thank you for taking the time to converse.
Thanks to you too for a civil discussion of a potentially inflammatory topic, breckdog.
I’m with breckdog here. I think your interpretation is way off here. I disagree with you 100%.I actually think it’s so silly, I won’t take the effort to elaborate. It seems people have tried but you just don’t get it.
Well, here it is, Lyman:
“Domestic violence is a pattern of abusive behavior in any intimate relationship that is used by one partner to gain or maintain power and control over another intimate partner.”
“In any intimate relationship,” not just with a wife or girlfriend as baseballhistory suggested.
Additionally, a player can be suspended while “allowing the Player to play during the pendency of the criminal or legal proceeding would result in substantial and irreparable harm to either the Club or Major League Baseball.”
The “harm” is to baseball’s image. It’s a harm to its marketability, a harm to its brand. It’s about money.
There needn’t be criminal charges. As explained in AZ Central of USA Today:
‘It might be popular for Bauer’s defenders to note he was “proven innocent” by virtue of the district attorney failing to press charges. Left unsaid is the massive difference between a prosecutor believing they can prove charges beyond a reasonable doubt, and conduct that runs afoul of MLB’s domestic violence policy.
‘And the vast majority of MLB’s domestic violence suspensions have fallen within that lane.
‘Just two players – outfielder Hector Olivera and pitcher Jose Torres – were arrested and convicted; Olivera was convicted of assaulting his girlfriend in an April 2016 incident and was suspended for 82 games. Torres brandished and pointed a gun at his wife in December 2017.
‘In the other 13 suspensions, just one other player – reliever Roberto Osuna -– was charged, and prosecutors in Canada eventually dropped the charges. Many other cases fell apart when the players’ partners opted not to cooperate with authorities or testify against the players.
‘For that reason, MLB broadly drew the guidelines of its policy to state that a player “may be subjected to disciplinary action for just cause by the Commissioner for a violation of this Policy in the absence of a conviction or a plea of guilty to a crime involving a Covered Act.”
You can read more here:
azcentral.com/story/sports/mlb/2022/04/30/trevor-b…
Bauer admitted that force was used. That is not in question. Both he and his agent who is also his attorney admitted it publicly and then Bauer admitted it under oath as part of the restraining order proceeding. So @breackdog, your argument is caput. Finished. Over. Much like Bauer’s career as a baseball player.
He never admitted that force was used, where are you getting this from? His agent also didn’t admit that force was used. All that was “admitted” was that they had consensual rough sex. Maybe your definition varies from his but consensual rough sex does not mean force or abuse.
How could Bauer have admitted anything under oath at the restraining order proceeding when he didn’t testify? “Bauer did not testify” — LA Times latimes.com/sports/dodgers/story/2021-08-19/trevor…
Looks like your argument, in your words above, is “caput, finished, over,” @outinleftfield.
The Dodgers should NOT be let off the hook. Remember those LA Times quotes where Andrew Friedman claimed they’d done extensive due diligence on his background? Supposedly asking his old teammates, coaches, friends, etc about him — what a laugh. There was already a protection order out there in 2020; dig a little harder next time guys…
a protection order voluntarily withdrawn and protected under seal… from a woman who hired a lawyer over a year after they had seen each other and asked for millions of dollars
Both parties should’ve insisted that a safe word be used.
Oklahoma!!!!!
This is a bunch of BS.
they did have a safe word, it was “daddy issues” (her choice)
He will lose the appeal. He admitted both publicly and in court in the ex parte restraining order hearing that he did exactly what she claimed he did. That is all baseball needs. MLB doesn’t have to have criminal charges. They don’t even have to take into account whether it was consensual or not, which from the texts back and forth it might have been to a certain extent. He is done. His career over. Sayonara. Can’t say you will be missed.
Just a reminder for Bauer, discovery is a beotch. Don’t sue or your 324 game suspension may become a lifetime ban when they get to go through all of your communications since you started in MLB.
Then why didn’t law enforcement press charges? Because all he admitted to was rough sex. You can’t have rough sex while playing for mlb? Is that the policy?
If he would have given her the money she ask for, we would have never heard anything about this or her. Some people like rough sex and a mlb player making $35 mill a year can afford to buy her a Range Rover and $1 million to her bank account the way she see’s it. But it’s funny we see nothing in the media where she is claiming he is lying about any of it.
How could he have admitted anything in court at the restraining order hearing when he DID NOT TESTIFY? Come on, man. He literally said “while we did have consensual rough sex, the disturbing acts and conduct she described simply did not occur”. How much clearer can he be?
You’re not following the policy here. Consensual rough sex does not equate to a violation, abuse or DV of any kind. MLB may try to argue otherwise but that will not hold water. The idea that Manfred is better to preside over issues like this than our criminal justice system is insane.
Im shocked the comments are even open
Tim said in the comments on the last article that it is naive to expect people to just not talk about Bauer, that when they closed the comments on prior threads about him commenters would just discuss it on other threads, that he’d prefer to keep all Bauer related discussion confined to one thread and that he is trusting the commenters to behave themselves.
This discussion is so much more civil and informative ( thanks to Ployd, Blue and others) than previous Bauer articles.
Thanks, Brew88. And a special shout-out to Col_chestbridge who posted a terrific comment up top. Excellent summation with relevant facts.
My question is that if he used so much force and admitted to doing something against the female’s will, they why haven’t criminal charges been filed? Sounds like law enforcement didn’t see any evidence of wrongdoing. So whatever he admitted to, which I hear a lot of you guys referencing so much … clearly wasn’t criminal. So really this boils down to all MLB knows for a fact is that he engaged in rough sex. Is that a violation of policy? In my opinion, it’s none of MLB’s business. The problem is if these accusations are true, then it’s sexual assault and possibly if not absolutely something worse. But again, law enforcement didn’t see any evidence to press charges. They do this for a living, and they couldn’t accuse him of anything wrong.
Yes, I understand the policy of the league. Same as the NFL. But I think it’s wrong. I don’t agree with punishing someone who hasn’t been proven guilty. He’s been proven to have had rough sex, that’s it.
In order to file charges, you have to (1) have evidence that shows what crime has been committed and (2) who committed the crime. The lack of evidence may not necessarily be that there was no crime committed, only that they can’t prove specifically who.
There is a possibility that the evidence was damaged, and therefore inadmissible, or the proper evidence wasn’t gathered, which made prosecution impossible.
Again, that doesn’t prove that a crime did not happen, only that they don’t have the evidence to prove conclusively who did it. That’s where you get the term “getting off on a technicality”.
That that make him innocent? Nope. It just means that they don’t have enough to convict. Doesn’t make him guilty, either.
When dealing with the league, it doesn’t follow the lines of criminal law. It follows contract law; CRIMINAL LAW DOES NOT APPLY.
Bauer is a contract employee of the league. Much like any other employment, you have policies that apply to you. Violate the policies, and they can use that to suspend or terminate your contract. That’s what happened here. They only have to prove that you likely violated policy.
The bigger issue is that baseball is a business, and Bauer as a contract employee of baseball is a representative of the MLB and MLBPA. If he continues to attack the MLB and try to make baseball look bad, it is within the power of the commissioner the ability to ban Bauer from the MLB for life “for the best interests of baseball” to protect MLB from it’s contract employee. I could see his career ending in that manner, Pete Rose did less for that type of ban.
To make an arrest (which never happened here), the police only need probable cause to believe that you have committed a crime. Regardless of no charges being filed, the fact there they didn’t have probable cause for an arrest and that this woman couldn’t even get a restraining order (lowest burden of proof in our justice system) is pretty telling.
From what we saw at the restraining order hearing last summer too, it looks like the SD woman is the one who deleted evidence… She even testified she deleted photos, message logs, etc. The LA judge, who was a woman, went on to say she “materially misled” the court in her filing for a restraining order and denied the RO request because she found no act of abuse or assault occurred. Hardly seems like a technicality to me.
The league found that he violated the policy but he’s appealing that. The CBA says the league has the full burden of proof to prove to the arbitrator that there was “just cause” to prove that he committed a covered act under the policy and that there was “just cause” to justify the terms of their suspension. The commissioner cannot go rogue and ban people from the sport, that’s not how any of this works and they can’t punish him further for the same reason. Violates CBA and union would never allow it.
Actually the restraining order hearing has no bearing on Bauer’s guilt or innocence. If there had been formal charges filed, those charges would have been concerning whether or not a crime was committed. Whereas the restraining order hearing was regarding whether or not Bauer represented a threat to L. H. in the future. Which, even if you believe Bauer was guilty, by the time this whole mess began Bauer wanted nothing to do with her so a restraining order would have been pointless.
Actually, you’re wrong on that. For the type of restraining order she filed for — a domestic violence RO — risk of future harm doesn’t matter and isn’t even a factor, The court only evaluates it based on if there was a dating relationship (the judge ruled there was) and if there was a past act of abuse (the judge ruled there was not). A risk or threat of future harm is not a factor, unlike in a civil harassment order where it is required. He didn’t win the hearing on a technicality, it was on the merits of there not being any abuse/assault.
More info on the difference types of RO and what you need to qualify: womenslaw.org/laws/ca/restraining-orders/domestic-…
Let’s shift the debate. Is it beneficial to the league (it’s reputation, values, appeal to advertisers etc) to suspend this player for two years?
Yes, absolutely. The entire purpose of the policy is to protect the reputation of the game by taking action when domestic violence instances occur, and deterring future instances. The players suspended and returned to the game after serving their time have not been repeat offenders. So the policy seems to actually work. This is a problem for Bauer, who can’t seem to bend his mind around the idea that he violated the policy. He would be far better off doing what every other player has done: acknowledging the violation and pledging to be a better person in the future, and getting on with his career. But again, this requires some mind-bending.
If he didn’t do anything wrong, why would he be “far better off” admitting to, being punished for and apologizing for something he didn’t do? Would you?
This all could have been avoided with the mutually agreed upon use of a “safe word” or “safe phrase”, such as “you know I’m Trevor Bauer, right?”
I thought this was about his 2 year suspension. He’s trying to get it reduced? It’s not going away. He will be suspended, he wants it reduced to one year and time served just like Ozuna, who was seen by police with his hand around her throat choking her. In a act of anger.
From what he’s said, he’s trying to get it eliminated so he can be reinstated but even media who have hated him for years are saying it’s likely to be at least reduced.
I’ll always find this confusing. What wad the expected result the accuser thought would happen? Let’s look at the sequence of events.
She requests rough activities, then receives it. She then asks for even rougher activities and receives it. She then takes a photo/video that shows her immediately after the encounter with zero damage. She has text messages with friends stating she is going to ruin his career and discussing settlements. Her own friend came forward as a witness for Bauer.
But Bauer is the one in the wrong here? I just can’t trace the logic.