Roger Clemens was found guilty again by American League president Bobby Brown, so now the two-time Cy Young Award winner takes his case to commissioner Fay Vincent.

In a three-page decision issued Tuesday, Brown upheld Clemens' five-game suspension and $10,000 fine, saying, "There is not a special set of rules or regulations for superstars or award winners."Randy Hendricks, Clemens' agent, said Brown's decision would be appealed to Vincent. The penalties, which Brown originally imposed on Nov. 20, will be stayed until Vincent renders a decision, AL spokeswoman Phyllis Mehrige said.

Since a hearing before Vincent is unlikely to be scheduled this week, Clemens is still likely to start opening day at Toronto on Monday.

The incident occurred in Game 4 of the playoffs, when Clemens was ejected by umpire Terry Cooney, who said the pitcher uttered profanities at him. Clemens charged Cooney and umpire Jim Evans after the ejection.

"This entire episode was unfortunate and deplorable," Brown wrote.