Suspended for two years from yesterday by Major League Baseball [MLB] for his kinky sexual encounter with San Diego resident Lindsey Hill back in Jun 2021, Bauer has a good chance of wining his appeal. There’s nothing in MLB’s bylaws or collective bargaining agreement [CBO] that gives Commisioner Rob Manfred the right to apply the domestic violence and sexual assault policy. In case Manfred didn’t catch it, the Pasadena Police completed its exhaustive investigation Feb. 8, declining to charge Bauer with sexual assault or domestic battery for his rough-sex encounter with Hill. Nothing in MLB’s bylaws apply to rough sex by consenting adults in the privacy of their own bedrooms. While it’s true, it’s a black eye for MLB and the Los Angeles Dodgers brands there’s a difference between a PR and the law. Bauer was cleared of any criminal wrongdoing no matter what Hill’s allegations.
MLB doesn’t want to go behind closed doors for anyone, including players or front office personnel. MLB’s sexual assault and domestic abuse policy is designed like other companies to give businesses a way out of contracts for essentially moral turpitude, something different than criminal definitions of sexual assault or domestic abuse. Bauer was on paid leave before Manfred ruled to suspend the Cy Young-caliber pitcher for two full years, something unprecedented when you consider he was not charged by Pasadena police or Los Angeles District Attorney. Whatever embarrassment MLB, Manfred went too far with a two-year suspension. He could have reinstated Bauer for time served after his temporary suspension last June, paying Bauer $28 million in 2021, slated to get $32 million per his Dodgers’ contract in 2022. Bauer tweeted he intends to appeal Manfred’s two-year, 324-game ban.
If you go purely on the law, Bauer has a good case of violating his due process rights. He’s been put through the ringer since Hill’s sexual assault and domestic abuse allegations in 2021. MLB is on shaky legal ground because every U.S. citizen is entitled to the presumption of innocence under U.S. law. Manfred’s ruling suggests that a ballplayer under MLB’s bylaws and CBA can be punished if legal authorities find insufficient evidence to charge Bauer with a crime. Hill accused Bauer of “choking and punching” all goes with the territory of BDSM [Bondage-Discipline-Sado-Masochism] sex, something popularized with E.L. James April 17, 2012 novel “Fifty Shades of Grey.” While BDSM has gone on under the radar for centuries, James popularized the BDSM practices, exposing a naïve public to the inner workings of the perverted, but popular, sexual practices.
No one in MLB’s home office wants to hear about BDSM sexual practices, certainly not from one of its most highly paid ballplayers. No one wants to know the gory detains under the sheets, unless its U.S. newspapers looking for any of the salacious details of Bauers encounters. Bauer was accused by Hill of choking her unconscious, having anal sex with her, and punching her in the face, far too much information for MLB. Hill took out a temporary restraining order [TRO] on Bauer in June 2021 but was denied a permanent restraining order by a Los Angeles Superior Court Judge, citing no evidence that he was likely to offend again. Hill tried but failed to extort cash from Bauer, causing her to retaliate going public with the incident. Los Angeles County District Atty. decided Feb. 8, after Pasadena Police completed their investigation, to not press charges on Bauer.
So when it comes to MLB, they’re out on a legal limb, imposing a two-year ban citing MLB’s bylaws and CBA, giving MLB the right to suspend any player guilty of violating MLB’s sexual assault and domestic abuse policy. Whatever happened in the privacy of Bauer’s bedroom, MLB has overstepped its boundaries concluding that it violated a sexual assault and domestic abuse policy. Without legal proof to back up MLB’s policy, there’s no basis to enforce MLB’s sexual assault and domestic abuse policy. Bauer has more than a right to appeal, he has a right to sue MLB for violating his civil rights requiring the presumption of innocence. So many sordid details have already come out that Bauer has potentially irreversible PR damage, preventing most MLB franchises from putting him on the field. Bauer is on solid legal ground appealing his MLB case but the PR issue looms large.
Bauer’s only hope to return to MLB baseball involves a high-profile rehabilitation, something Golf great Tiger Woods did after ramming his Escalade Nov. 27, 2009 into a hydrant, exposing a serial cheating scandal practically wrecking his career. Tiger went for rehab at the time to show he was serious bout making amends. Today, while falling off his golf game, Tiger is more popular than ever. So Bauer still has a chance to rehab his career if he follows certain damage control steps. But when it comes to MLB, Bauer has the legal grounds to win an appeal on his two-year suspension. Bauer’s decision to sue Hill for defamation doesn’t help his damage control, making him look petty and vindictive. Bauer should have known the risks of BDSM sex on wrecking his MLB career. Suing Hill for defamation sends the exact wrong message if Bauer really wants to return to the mound.
