Tag Archives: suspensions

Baseball’s Intrusive Domestic Abuse Policy

Last year I wrote about Major League Baseball’s domestic abuse policy, which is, pardon the pun, bats. Here is another example.

Red Sox knckcle-baller Steven Wright has been suspended for 15 games under the MLB-MLBPA Joint Domestic Violence, Sexual Assault and Child Abuse Policy. Fifteen games is a lot: that’s three starts for a starting pitcher like Wright, and almost 10% of a player’s salary. Wright’s salary is about a million dollars for the upcoming season, and unlike an established star, he isn’t a multi-millionaire. Losing about a hundred grand will hurt, and not just him, but his whole family.

The suspension relates to a mid-December incident in Tennessee in which Wright was arrested and charged with domestic assault and prevention of a 911 call.  Wright was not charged with physical abuse to his wife or any other household members; this was apparently “verbal abuse”—the pitcher’s conduct was so emotional and threatening that his wife was frightened. A plea deal has the charges on the road to being discharged if Wright does not commit any infractions in the next year. He has told reporters that he and his wife are being counseled.

Never mind: Baseball Commissioner Rob Manfred suspended him anyway, under this policy: Continue reading

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Ethics Quote Of The Week, And A Few Related Diversions

My son is named after this President, incidentally.

The quote itself is by Ron Chernow, the historian who authored the recent well-reviewed biography of out 18th President, “Grant,”  “Hamilton,” the biography that inspired, we are told, the mega-hit musical. and “Washington” (won’t somebody send a copy to the fools at Christ Church?) was given to an interviewer as his description of another book, the Philip Roth’s historical novel  “The Plot Against America”:

[A] democracy can be corrupted, not by big, blaring events, but by a slow, insidious, almost imperceptible process, like carbon monoxide seeping in under the door.

Some random thoughts on this statement, which I believe is exactly right, and a lot more interesting than the more frequently used analogy about boiling a frog slowly:

  • Grant, as Chernow’s book (among others of recent vintage) documents, was present at one of those points when democracy seemed to be in the process of being poisoned, and acted forcefully.

By 1868, when Grant was elected to succeed Andrew Johnson, who had done everything he could to allow the South to resist extending civil rights to the newly freed slaves, the KKK had evolved into a powerful terrorist organization that referred to itself as  “The Invisible Empire of the South.” Under the  Klan’s first  “Grand Wizard,” the brilliant former Confederate cavalry general  Nathan Bedford Forrest, whites from all classes of Southern society joined the Klan’s ranks. They attacked and punished newly freed blacks for crimes like  behaving in an “impudent manner” toward whites, brutalized the teachers of  schools for black children, and burned schoolhouses. It also terrorized and often murdered Republican party leaders those who voted for Reconstruction policies.  In Kansas over 2,000 murders were committed as the 1868 election approached; in Louisiana, a thousand blacks were killed in the same period.

Grant entered office knowing that the Civil War victory could come apart. He made some bad appointments–Grant was naive about politics and trusted too easily—but his choice as Attorney General, Amos T. Akerman, was masterful. With Grant’s support, and the with the help of the newly created Justice Department under Grant, he vigorously worked to enforce the Fifteenth Amendment, which gave the vote to black men in every state, and the First Reconstruction Act of 1867, which placed tough restrictions on the South and closely regulated the formation of their new state governments. Between 1870 and 1871, the Republican Congress passed and Grant signed into law the Enforcement Acts, which made it a crime to interfere with registration, voting, officeholding, or jury service by blacks. Congress also passed the Ku Klux Klan Act, which allowed the government to act against terrorist organizations.

  • When I was growing up and becoming interested in the Presidents, a life-long passion that led me to both law and ethics, Grant was routinely listed as one of the worst in the line. All one heard from historians was about the financial scandals that rocked his administration. Grant’s great success in subduing the Klan was literally never mentioned. The main Presidential historian then was Arthur Schlesinger Jr., a member of Jack Kennedy’s inner circle. His job as he saw it was to minimize the contributions of any Republican President, like Teddy Roosevelt (“near great” in his rankings), Eisenhower (“below average”) and Grant (“failure’). Meanwhile, Woodrow Wilson, who dragged the U.S, into the first World War, botched the Versailles Treaty and who actively revived the Klan, being a stone-cold racist, was “great.” Naturally, I believed all of his distortions, which were largely those of the historians at the time, then, as now, often partisans and propagandists. It took me a while to realize that this had been my first encounter with the Left attempting to alter present perception by controlling the past.

That is one of the major sources of Chernow’s carbon monoxide today, except that the disinformation now emanates from the schools, colleges, and the news media. Continue reading

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Abashed Morning Ethics Warm-Up, 10/28/17 [Updated]

Good Morning!

1 Following a day in which various exigencies and responsibilities, plus fatigue and distraction, caused me to whiff on getting up at least three posts I thought were worthy of consideration, yesterday I failed to get any up at all. This makes me very unhappy, and I apologize. A fly-in, fly-out assignment in New York City had me up early and back late, whereupon I had my son’s birthday to acknowledge, the World Series to scrutinize and some aching feet to attend to. Priorities can’t be ignored, and being able to recognize when something you want to do and are devoted to doing just cannot be done well in the time allowed is a matter of life competence. Yet I hate failing loyal readers who care about ethics issues and rely on Ethics Alarms to explore them, and feel negligent when this occurs…fortunately, not very often.

Still too often, however.

2. The emergence of Hollywood director James Toback as a serial sexual harasser (at least) had me preparing a post about why theatrical directors are especially prone to this conduct. The gist of it was that in college, where participation in theater is often more social than aesthetic, directors forming romantic relationships with their cast members is neither taboo nor typically exploitative. Similarly, in community theater such relationships are not unusual or unethical, unless they interfere with a director’s artistic duties: casting an inferior performer because she’s your girl friend or because you want her to be is per se unethical. These are the cultures that produce many directors, and they enter professional theater, and later films, with bad habits that cannot be tolerated or continued in a professional context. Similarly, performers also come out of that culture. It may be difficult for some of them to comprehend that what is arguably acceptable in amateur settings is becomes unconscionable in a professional one.

However, this cannot explain Toback’s conduct. An astounding 200 plus women now say they were harassed or assaulted by him, and the list filled up in less than week. Compared to Toback, Harvey Weinstein and Bill Cosby seem restrained.

Actress Selma Blair, for example, says her agent arranged for her to meet Toback for a possible role in one of his films after her career had begun with promise. Blair says the meeting was scheduled at a hotel restaurant, but  when she arrived the hostess told her that Toback wanted to meet in his hotel room. There, Toback asked her to perform a monologue nude, directed her to have sex with him, and said he would not let her leave until he “had release.” Then the actress says, he simulated sexual intercourse on her leg. 

I begin my sexual harassment seminars by stating that the problem is one of ethics. If you have respect for human beings regardless of gender, if you are fair to people you interact with, if you are caring toward them and obey the Golden Rule, if you apply the three basic ethics alarms checks (“Does this seem right? Could I tell my mother about this? Would I want this on the front page of my local newspaper?”), then you won’t be a harasser. But I can’t begin to explain how someone reaches the point of depravity and utter contempt for women that he would behave the way Blair describes Toback behaving. This is, to understate it, uncivilized. Was he raised by wolves? I suspect even wolves would be horrified by his behavior. My father never had to sit me down at 13 and say, “Jack, it’s time for a talk. It’s never right to simulate sexual intercourse on a woman’s leg when she has come to interview for a job.” I didn’t need to be told this. Who needs to be told this who isn’t already a dangerous sociopath?

Somehow, the culture of Hollywood devolved to such a state that abuse of power and women became a social norm, and even conventionally acculturated adults had their values erased and replaced. That is the only way the Tobacks and Weinsteins could come to exist. That culture is now too sick and entrenched to be wiped clean by a few scandals. It is going to take a long time to change it, if indeed it can be changed. Continue reading

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Morning Ethics Warm-Up, 9/9/17: The AP Invents A New Misleading Phrase, Deaf Signer Ethics, No Innocent Until Proven Guilty In The NFL, And More…

GOOD MORNING!

1 This is the monthly brief warm-up, as I have to be bright-eyed and bushy-tailed at an obscenely early hour and teach the peculiarities of the District of Columbia Rules of Professional Conduct to about 300 lawyers newly admitted to the bar. And those rules are peculiar, notably Rule 5.4, which allows District lawyers to form multidisciplinary firms, with accountants, economists, professional marketers and other non-legal professionals as partners. Such firms mirror entities in Europe that take international business away from U.S. firms, but are regarded as unethical in every other U.S. jurisdiction, and condemned by the American Bar Association.

2. Yesterday I watched Florida Governor Rick Scott give his pre-hurricane warnings, or tried to, since standing next to him was a signer for the deaf, gesticulating and making more elaborate faces than the late Robin Williams in the throes of a fit. I have mentioned this in the context of theatrical performances: as a small minority, the deaf should not be enabled by political correctness to undermine the best interests of the majority. What Scott was saying was important, and could have been adequately communicated to the deaf citizens present by the signer standing off camera. TV viewers could and should have been able to watch a text crawl following Scott’s speech, or closed captioning. Public speaking involves verbal and visual communications, and having a vivid distraction like a professional signer—many of whom feel it is their duty to add broad facial expressions to their translations—is unfair to both the speaker and his or her audience. This is one more example of a sympathetic minority bullying the majority to establish its power. Continue reading

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Morning Ethics Warm-Up, 9/3/17: A Troubling MLB Suspension, Anti-Trump Mania Update, And Announcing “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday

Good Morning!

1.I dread this, but it is looking like it is going to be “US Race Relations Have Finally Reached The Point Where They Make No Sense Whatsoever” Sunday. I have accumulated three stories that fit under that heading, because each one of them is simultaneously annoying, sensitive,  under-reported, and difficult to process. Procrastination isn’t ethical, however, so today is the day. Ugh.

2. Today’s New York Times Sunday Review is again light on President Trump Hate, after last week’s orgy. I was discussing yesterday’s post about the draft letter excitement with my sister, a not-quite-resistance member who is a better lawyer than I am and intermittently reasonable despite hating and fearing the President worse than she does that Four Horsemen of the Apocalypse. She agreed that the news media’s elevation of the draft letter to front page status was biased journalism and self-evidently silly. “The news media believes that Trump is so incompetent that it is their job to try to help the country get rid of him as quickly as possible,” she said. She also confirmed that this is the attitude of the “resistance,” Democrats and progressives as well, and she hangs out with all of them.

Her candor was welcome. It’s also an admission, in my view, and I told her this, of an anti-democratic and unethical attempt to undermine our institutions. We remove Presidents by elections, not manufactured impeachments or 25th Amendment removals on contrived grounds. What my sister calls fear of dangerous  incompetence is really objections to style, rhetoric and policy, none of which are justifiable reasons to remove a President before an election.

I also pointed out to my sibling that it is not the news media’s job to conspire with partisan opponents to remove a President. In fact, it is unforgivable.

3. What’s the difference between the National Football League and Major League Baseball? Well, one difference is that when a star NFL player is caught on a video cold-cocking his wife-to-be  in a hotel elevator, the NFL’s first response is to do nothing, and when a second string catcher’s ex-fiance says she was abused on social media and then deletes the post, that’s enough for MLB to suspend the player under its domestic abuse policy. Ethically, I’m not sure which is worse. Continue reading

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Morning Ethics Update: 8/10/17

Good Morning!

1. Less than two weeks after social justice bullies on social media chastised actor Mandy Patinkin for agreeing to take the place of a black actor in Broadway’s “Natasha, Pierre & The Great Comet of 1812,”  causing the politically impeccable Mandy to withdraw with humble mea culpas, and the “woke” creator of the  the Tony winning musical to humbly kowtow to the new show business principle that it is better for a show to close entirely, putting everyone out of work, than for a white actor to take over a role from a black actor who took over the role from a white actor in the first place, “The Great Comet’s” producers announced that the show will close in September.

Good job, everybody!

Morons.

2. First Amendment incursions are creeping in from all sides and all angles so fast it’s hard to slap them down. Cowboy Joe West, the major leagues’ longest-serving umpire,was just suspended for three days for comments he made a in an interview with USA Today published on June 20, to mark   the umpire’s 5,000th regular-season game. Asked which player beefed most frequently about his calls, West said “it’s got to be Adrian Beltre.” Beltre, who recently punched his own ticket into the Hall of Fame by getting his 3000th hit, is apparently something of a human Bermuda Triangle for ethics controversies.

“Every pitch you call that’s a strike, he says, ‘Whoa! Whoa! Whoa!,'” West was quoted as saying.  “I had a game with him recently and the pitch was right down the middle. He tells me, ”That ball is outside.’ I told him, ‘You may be a great ballplayer, but you’re the worst umpire in the league. You stink.'”

MLB suspended West for three days, telling the umpires union in a letter that the discipline was in response to an “appearance of lack of impartiality.” Beltre has said that he never assumed West was being anything but facetious. The umpires union is livid, and West is likely to file a grievance.

There are two theories about this strange episode in the Marshall household. I think it’s more evidence of slippage on the societal slope to speech suppression. My wife thinks baseball is laying the groundwork for replacing umpires on balls and strikes with robo-calls. After all, robots aren’t biased.

I hope she’s right, but I doubt it.

3. Why don’t Democrats want to clean up eligible voter rolls?the Justice Department filed a Supreme Court amicus brief  supporting the state of Ohio as it fights to defend its law that purges names from voter rolls if  those names aren’t attached to votes for a significant period. This reverses the Obama Administration’s position, which backed a lower court decision  that it ran afoul of the 1993 National Voter Registration Act.

Why does Ohio want to de-register voters who don’t vote for two years, then are sent notices asking that they confirm their voter registration, don’t respond to the notices ,and continue to not vote for another four years? I assume it is because the state doesn’t want dead people on the voter rolls. Why do Democrats want the names of dead people listed as eligible voters?

I’ll leave that to your imagination… Continue reading

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Ten Further Thoughts On The “The Taunting Girls Softball Team”

Well! I returned from my seminar to find an excellent discussion underway regarding this Morning’s Ethics Warm-up, wholly devoted to the Virginia girls softball team that was hammered mercilessly for the raised middle fingers of six teammates to send off their vanquished foes in the semi-finals. Here are some further thoughts after reading the comments:

1. There is no question that the conduct of the girls concerned the game, the sport, and the League. They were in uniform. The message directed the “up yours” gesture to the other team. This is not a case where personal expression via social media was punished by an outside authority. Ethics Alarms has been profuse in its rejections of efforts by schools to punish students for their language, ideas or other expression on platforms like Facebook and Snapchat. Those are clearly, in my view, abuses of power, parental authority and free expression. This is not like such cases in any way. If a cheerleader squad, wearing the uniforms, colors and emblems of a school, behaved like these girls, punishment by the school would be appropriate, right up to the “death sentence” of dissolving the squad.

2. Would the reaction to the photo be different if it were a boy’s team? I just don’t think so.

3. The comparison has been made to the earlier post about Matt Joyce, a major league player, being suspended by the league for a comment made to one fan during a game in a heated exchange. For the life of me, I cannot figure out what anyone would think is similar about the two episodes, the primary difference being the fact that in one case, an adult was disciplined for professional misconduct on the field of play, and in the other, children were disciplined for breaching conduct their sport and organization exists in part to teach, reinforce and convey. The punishment of the player was $60,000 in lost income for a single word, not broadcast via social media. The team was not punished except to have to play without his services for two games, but then it was not colorably a team offense by any stretch of the imagination. I don’t even want to think about what an MLB team would do to six players who, in uniform, made the same gesture the girls did to “our fans.” They might all get released. Continue reading

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