| 2070 Beiträge - Forenlegende
|
|
|
Bruins forward Shawn Thornton will be appealing his 15-game suspension handed down by the National Hockey League. The NHL suspended Thornton for his attack on Penguins defenceman Brooks Orpik. After the whistle, Thornton skated the length of the ice, pulled Orpik to the ice from behind and punched him in the face several times. Orpik suffered a concussion and was taken to hospital. The Appeal Process As a first step, Thornton will appeal the suspension to Commissioner Gary Bettman. He hears all appeals on league discipline. Since the suspension exceeds five games, Bettman is required to have an in-person hearing for Thornton. Since Thornton was at the NHL office last week for his disciplinary hearing, he should know his way around by now. The Collective Bargaining Agreement (CBA) provides that "the Commissioner shall endeavor to hear all appeals on an expedited basis and will determine whether the decision" is supported by clear and convincing evidence. So Bettman will get this done quickly and will assess whether the suspension makes sense based on the circumstances. Thornton should expect to fail on appeal to Bettman. The suspension was handed down by the Director of Player Safety Brendan Shanahan. However, given the complex legal implications of this case, particularly in light of the concussion lawsuits, the suspension was very likely a group effort. So the suspension wasnt a Shanahan decision as much as it was a league decision issued through Shanahan. As a result, its unlikely Bettman will reduce the suspension. Frankly, reductions by Bettman are unlikely in most circumstances. He runs the league so he wont contradict himself. Indeed, the NHLPA has probably told Thornton the prospects of success are bleak. And this brings us to the next stage in the appeal process. Appeal Number 2 It doesnt end with Bettman. Since the suspension exceeds five games, the CBA gives Thornton the right to appeal Bettmans decision to an independent arbitrator. This wasnt around in the old CBA and is brand new, thanks to the NHLPAs negotiations during the lockout. Thornton will have seven days to appeal Bettmans decision to the arbitrator (who is described as a "Neutral Discipline Arbitrator" in the CBA). There will once again be an in-person hearing, and while the CBA doesnt say when it must occur, the arbitrator needs to hear it on an "expedited basis". So again, relatively quickly. The arbitrator will consider the length of the suspension and whether its appropriate. That determination will be made by examining things like the incident, the leagues past practice, the evidence and the surrounding circumstances. The arbitrator has broad powers. The CBA gives the arbitrator "full remedial authority", which means he can reduce the suspension, leave it as is, or even increase it. Its unlikely, though, the suspension would ever be increased. If Thornton is unhappy with the decision of the arbitrator, his only recourse would be to challenge the ruling in court. However, a judge will not interfere with the arbitrators decision unless its completely outrageous. Effectively, then, you should consider the arbitrators decision final. To be clear, Thornton doesnt have to appeal Bettmans ruling to the arbitrator. If he wants, after the Commissioner rules on his case, he can decide to stop the appeal process and serve out what is left of his suspension. As I wrote here, Thorntons prospects of success on appeal are low, given the NHLs past practice when it comes to these types of incidents. As well, the NHL may be able to make a compelling case that this type of suspension represents an important deterrent for on-ice behaviour that puts players at risk for concussions and the irreversible brain damage that may flow from head shots. However, merits aside, I also noted that we could still see an appeal. Since independent arbitrators are new, the NHLPA may want to start building precedents to help guide them in future cases. As well, the NHLPA needs to show that it wont roll over when it comes to defending its players and that it is prepared to dig in and fight. So while this case does not present a high likelihood of success for Thornton, the NHLPA sees value in taking a stand. And as it should. As for Brooks Orpik, he may not be too happy with the NHLPA defending his attacker. Still, the NHLPA may draw the fine distinction that the appeal is not adverse to Orpik, but rather adverse to the NHL and its decision. So the Union isnt technically acting against one of its own, but instead acting on behalf of one of its own. That is a distinction that may not sit well with Orpik. However, thats the nature of the NHLPA beast. CHARLOTTE, N.C. -- Panthers wide receiver Steve Smith has been ruled out for Sundays game against the Atlanta Falcons. Panthers coach Ron Rivera made the announcement following Fridays practice, adding that running back Jonathan Stewart (knee) and defensive tackle Colin Cole (calf) will not play either. Smith sprained his left knee during Carolinas 17-13 win over New Orleans last Sunday. The win assured the Panthers a playoff spot, but this weeks game looms even larger. Carolina (11-4) can wrap up the NFC South division title and a first-round bye by beating the Falcons. "Steve has actually improved a lot," Rivera said. "In Steves way he basically said if I had to I would play this weekend. He probably couldnt, but he would try." Rivera, however, said the team doesnt want to risk losing Smith for the playoffs. "Not a chance," Rivera said. "Its about going forward. This game is very important and we know it. But there are other things ahead, too." Rivera said if the Panthers dont win the NFC South and secure a first-round bye, he expects Smith would be ready to play next Sunday in the wild-card round of the playoffs. Smith leads the team with 67 receptions for 774 yards and five touchdowns. Ted Ginn Jr. is expected to start at wide receiver for Smith, but Domenik Hixon will see increased action. Falcons coach Mike SSmith acknowledged earlier in the week his team will probably alter how it defends the Panthers if Smith doesnt play.dddddddddddd "Steve Smith is one of the most competitive, not just wide receivers, football players that Ive been fortunate enough or, weve been fortunate enough, to compete against," Smith said. "He brings a lot of energy. He brings a lot of passion to the way he plays the game. You do defend a little bit differently when Steve Smith is in the game based on where hes aligned and what the down and distance is, because to me hes one of the marquis wide receivers still in the NFL." Rivera said hes interested to see what Brandon LaFell will do as Carolinas primary wide receiver. LaFell is third on the team in receptions with 49 for 627 yards and five touchdowns. "Brandon has done nothing but take strides and get better as a football player," Rivera said. "And it will also be good to see as far as Ted Ginn is concerned and Domenik Hixon. These three guys have done some really good things for us. It will help us gauge where were at." The Panthers are also expected to lean heavily on tight end Greg Olsen, who has 64 receptions for 747 yards and four touchdowns. NOTES: Safety Robert Lester was added to the injury report Friday as questionable after getting his ankle stepped on at practice. Cheap China Jerseys Cheap NFL Jerseys Cheap NFL Jerseys China Cheap Jerseys From China China NFL Jerseys Cheap Jerseys Cheap Jerseys China ' ' '
|
