Is J.C. Romero Getting the Shaft?

Philadelphia Phillies reliever J.C. Romero faces a 50-game suspension at the start of the ’09 season for a drug policy violation as the World Series champs look to defend their title. Is he really at fault, though, or is Major League Baseball being unduly harsh?

The recent revelation that Phillies reliever J.C. Romero tested positive for an illegal substance that was in an over-the-counter supplement has sent shockwaves through the Phillies organization and among their fans.

Here are the facts.

In July 2008, Romero bought an over-the-counter (OTC) supplement from a GNC store in Cherry Hill, NJ. Romero asked his personal trainer and the Phillies’ strength and conditioning trainer, Dong Lien, if the supplement was ok.

His personal trainer said there was nothing on the label indicating that there was a problem with the supplement. Lien apparently told him to get a second opinion, which he did (the second nutritionist cleared it).

Romero was first tested on Aug. 26 and in mid-September, as the Phillies were in the midst of a tight division race with the New York Mets, he was told that his test was positive.

At that time, he stopped taking all supplements. A second test had actually been conducted on Sept. 19, four days before Romero was notified of his first positive test.

On Oct. 1, Romero spoke with Michael Weiner, a representative from the Major League Baseball Players’ Association and said he did not know why he tested positive and Weiner told him that the supplement was the cause of his positive test. On that day, Romero was again tested and found to be clean.

On Oct. 3, Romero was told he would be suspended but that MLB would reduce the suspension to 25 games if he started immediately AND admitted his guilt. Romero refused, believing he was not wrong and not wanting to miss the World Series.

During his arbitration hearing (which, ironically enough was held on the first day of the World Series), it was revealed that the National Center for Drug Free Sport had notified MLB of concerns it had about the exact supplement that Romero had purchased.

It was not until Nov. 21 that the players’ association sent a letter to all players which stated that "We have previously told you there is no reason to believe a supplement bought at a U.S. based retail store could cause you to test positive under our Drug Program. That is no longer true.

"We have recently learned of three substances which can be bought over the counter at stores in the United States that will cause you to test positive. These three supplements were purchased at a GNC and Vitamin Shoppe in the U.S."

In December, MLB notified Romero that the arbitrator had ruled against him and that he would be suspended for 50 games at the beginning of the 2009 season.

I have been reading numerous articles and message boards about this story. It is apparent to me that JC is clearly getting a raw deal.

There are several things that bother me about this whole scenario:

1) Major League Baseball never came out publicly and said there was a problem with any over-the-counter supplements, EVEN THOUGH they had been informed of potential issues with the exact supplement Romero happened to have purchased;

2) The Phillies are noncommittal on the issue instead of standing by their player;

3) The Players Association is saying it is “angry” about the suspension but is not seeking any further appeals on Romero’s behalf.

If  Major League Baseball wants to “clean up” the sport, that’s fine but it seems to me that, in this situation, they are changing horses in midstream. One day, OTC supplements are ok but the next day, when a player happens to test positive, the supplement is no longer acceptable.

Worse, MLB was informed of concerns about the supplement but kept quiet until a situation arose and allowed them to come out and say “Yeah, we’re adding that substance to the banned list now.” Come on! 

As for the Phillies, Ruben Amaro Jr’s response was disappointing, to say the least. The Phillies should come out vehemently and rail against the unfairness of this penalty. I understand that, to some degree, they have to support MLB and the testing program, but this situation is clearly different from the ones faced by the San Francisco Giants, St. Louis Cardinals, or New York Yankees.

Unlike Barry Bonds, Mark McGwire, and Roger Clemens, JC Romero was not “shooting up” and trying to hide his use. To the contrary, he went out of his way to make sure the supplement was safe, checking with multiple sources. Should he have called the  hot-line that was set up for players who have questions about supplements?

Perhaps, but going back to the fact that the supplement was NOT on the banned list, it is likely that even if he HAD called, he would have received the response he got from his other sources—that is, that the supplement is ok.

So I would argue that he acted reasonably in trying to establish the safety of the supplement he wanted to use.

The Players Association is supposed to represent the players. On that point, in this case, the Association is failing miserably.

Following is part of general counsel Michael Weiner’s response to MLB’s actions: "The union respects the arbitration process and treats the decision as final," Weiner said. " In our view, though, the resulting discipline imposed upon Mitre and Romero is unfair. These players should not be suspended.

"Their unknowing actions plainly are distinguishable from those of a person who intentionally used an illegal performance-enhancing substance.”

As I mentioned earlier in this article, I have read numerous stories and message boards about this topic. JC Romero is receiving an extremely harsh penalty for supposedly being “negligent”, as Major League Baseball claims.

I strongly believe it is MLB and to a degree, the players’ association, that is negligent here. MLB is guilty of  staying quiet about OTC supplements even after hearing of another agency’s concerns while the players’ association should be taken to task for not pursuing any further remedies for Romero and Sergio Mitre, the Yankees’ pitcher who was also suspended.

It is heartening to see that JC is standing up for himself and saying he is being treated unfairly. In fact, the ESPN station in Philadelphiahas taken up his cause, with an on line petition protesting his suspension, a petition that now has 1,143 signatures.

I realize that life is not always fair and that in certain situations there is “collateral damage.” However, this is one situation in which a well-meaning, honorable player, who tried to do the right thing, is being treated very unfairly. Major League Baseball would bring great credit to itself if it came out and admitted its role in this travesty.

SOURCES

Gammons, Peter. “Suspended Romero ‘didn’t cheat’”. 

ESPN News Services. “Romero suspended; no appeals planned.”

Sporting News.Com. “MLB Suspends Phillies LHP Romero, Yankees RHP Mitre 50 Games.”

Larzelere, Dave. “JC Romero, Next Phase of MLB’s Drug War.”