NHL commissioner Gary Bettman has reduced the suspension of Minnesota Wild forward Ryan Hartman from 10 games to eight, following his appeal.
Hartman’s appeal hearing, held on February 14, lasted a full three hours. The NHLPA argued that Hartman’s conduct – forcefully shoving an opponent’s face into the ice during a faceoff – was “a mere accident with an unfortunate outcome.”
Seriously?
Here’s a recap of the the events, via the officials’ game report:
With 16 seconds remaining in the 2nd period MIN 38 and OTT 18 lined up for a faceoff in the MIN defensive end. Previously, with 6:27 remaining in the 2nd period both players had received penalties for infractions committed on each other. After the puck was dropped, MIN 38 Hartman with excessive force, drove the head of OTT 18 into the ice with his forearm which was placed on the back of his opponents head. OTT 18 was injured with a visible cut above his eye. He did participate in the rest of the game. MIN 38 was assessed a match penalty for his actions and removed from the game.
Here’s an excerpt from Bettman’s ruling:
I agree with the conclusion reached by DPS that Mr. Hartman’s conduct was not predatory in nature – i.e., that he did not take the faceoff with a predetermined intent to “target” Mr. Stützle. However, I do not find credible Mr. Hartman’s testimony that the entire incident was purely “accidental” and that he was merely “bracing [him]self from falling.” While Mr. Hartman and Mr. Stützle were entangled during the faceoff in the incident at issue, I find there was clear and convincing evidence that Mr. Hartman intentionally placed his right forearm on Mr. Stützle’s neck, continued to hold his arm in that location, and drove Mr. Stützle face-first to the ice with significant force…
It is noteworthy that at one point, Mr. Hartman’s right skate was placed between Mr. Stützle’s skates, but then Mr. Hartman pulled his right skate back beneath himself, putting him in an upward, stable position. At that point, Mr. Hartman then proceeded to use the full force of his body weight to drive his right arm into Mr. Stützle’s neck, which resulted in Mr. Stützle’s face forcefully hitting the ice. The totality of these acts thus compels my conclusion that such conduct was not accidental.
…
I believe (as did DPS and the on-ice officials) that Mr. Hartman intended to drive Mr. Stützle face first to the ice and he succeeded in that intent.
So why did Bettman cut back the ban?
The commisioner determined “that an increase of seven (7) games from Mr. Hartman’s last suspension to this one is excessive in this case and that the quantum of increase should be reduced.”
Right, but that was three games for throwing a stick at an official. We’re not exactly clear on why the increase is the issue from his last suspension for a guy who’s been suspended four times and fined seven — the most recent three of which were ‘non-hockey plays.’
Bettman continued:
“In light of Mr. Hartman’s prior suspension of three (3) games, I believe that a suspension of eight (8) games should be sufficient to serve as an appropriate “wake-up call” to Mr. Hartman, causing him to reevaluate his conduct on the ice and make positive changes to his game.”
Hey, if the four other suspensions didn’t do the trick, maybe this one finally will.
Hartman is now eligible to return to the Minnesota Wild’s game against the Seattle Kraken on March 4. He’ll also save over $97,000 in salary that would have otherwise been forfeited during the additional two games of his initial ban.
With his suspension still greater than six games, Hartman still has the option of appealing to an outside arbitrator.
Taking It To Arbitration
The NHL/NHLPA CBA allows suspensions greater than six games to go to an impartial arbitrator for a final ruling. This arbitrator is jointly appointed by the NHL and the Players’ Association. From 18.13 (c):
The [Neutral Discipline Arbitrator] shall hold an in-person hearing and shall determine whether the final decision of the League regarding whether the Player’s conduct violated the League Playing Rules and whether the length of the suspension imposed were supported by substantial evidence. The NDA shall issue an opinion and award as soon as practicable. The NDA shall have the authority to consider any evidence relating to the incident even if such evidence was not available at the time of the initial Supplementary Discipline for On-Ice Conduct decision or at the time of the Commissioner’s decision in connection with the appeal. The NDA shall have full remedial authority in respect of the matter should he/she determine that the Commissioner’s decision was not supported by substantial evidence. The NDA’s decision shall be final and binding in all respects and not subject to review.
Both sides will make their cases, and the appointed arbitrator will hand down the final ruling.
There’s no word as to whether Hartman will continue his appeal to the arbitrator. With his return set for eight days from now, it’s unlikely that his hearing and subsequent decision would come down in time to get him back on the ice sooner. His fight would just be for his paycheck.
