On Tuesday, The NHL’s Department of Player Safety Announced a six-game suspension of Detroit Red Wings forward David Perron for his cross-check of Ottawa Senators defenseman Artem Zub. [1] Perron’s cross-check was an attempt at revenge for a blow dealt to Dylan Larkin, the Red Wings star forward and captain, which in fact came from Zub’s teammates, Mathieu Joseph and Parker Kelly. Larkin was placed on injured reserve on Monday with “no timetable” for his return, according to Red Wings coach Derek Lalonde. [2].
The NHL ruled that Perron’s cross-check wasn’t “a hockey play”, but rather an “intentional strike with the stick made with the purpose of exacting retribution on an opponent.” [3]. Importantly, there are no “heat of the moment” exceptions in player safety rulings – players are warned before the season that their actions will not be excused even if made against an opponent as retribution for an illegal act. [4]. For older hockey fans, this is not the NHL many grew up with, where the league allowed its players to enforce Hammurabi’s Code on the ice.
Perron’s agent, Allan Walsh, called the suspension “a farce” in a series of posts on X. “The Dept. of Player Suspensions (a.k.a. the Parros Kangaroo Court) is a media/PR entity that has nothing to do with ‘Player Safety’. Baseball bat swing to players head? No hearing. David Perron, 1100 NHL games without suspension. Zub played the next shift,” wrote Walsh. [5]. The “Parros Kangaroo Court” is in reference to George Parros, the head of NHL player safety.
The backlash against the NHL has not been limited to Perron. As Ian Mendes of The Athletic put it: “Three similar hits. Three different degrees of punishment doled out by referees. And one big problem for the NHL.” [6]. Mendes was referencing Minnesota Wild forward Ryan Hartman’s retaliation against Edmonton Oilers forward Evander Kane for a dangerous hit on Jonas Brodin; Buffalo Sabres forward Eric Robinson’s hit for drilling Canadiens defenseman Justin Barron into the boards; and Columbus Blue Jackets defenseman Erik Gudbranson’s retaliation against Florida Panther Nick Cousins . [7] The referees did not penalize Kane, assessed Robinson a five-minute major and a game misconduct, and Gudbranson penalized Gudbranson a five-minute major for fighting, a 10-minute instigator penalty and a game misconduct.
If NHL officiating cannot act consistently, the NHL must do so. Under the CBA, the Department of Player Safety is required to take the following factor into consideration in determining whether “Supplementary Discipline for On-Ice Conduct” is warranted:
(a) The type of conduct involved: conduct in violation of League Playing Rules, and whether the conduct is intentional or reckless, and involves the use of excessive and unnecessary force. Players are responsible for the consequences of their actions.
(b) Injury to the opposing Player(s) involved in the incident.
(c) The status of the offender and, specifically, whether the Player has a history of being subject to Supplementary Discipline for On-Ice Conduct. Players who repeatedly violate League Playing Rules will be more severely punished for each new violation.
(d) The situation of the game in which the incident occurred, for example: late in the game, lopsided score, prior events in the game.
(e) Such other factors as may be appropriate in the circumstances.” [8]
The CBA offers little guidance on the weight that should be given to each factor, and in practice, the NHL Department of Player Safety seems to arbitrarily decide the nature of the suspension it imposed. Take Perron, for example, who had never been subject to discipline prior to his most recent suspension. Zub, the defenseman receiving the brunt of Perron’s stick, played the next shift. The cross-check certainly was dangerous, but Maple Leafs forward Austin Matthews was suspended only two games last season for a nearly identical cross-check to Buffalo defenseman Rasmus Dahlin’s head. [9]. Simply put, there is a lack of consistency behind the NHL’s suspension of players for dangerous conduct on the ice.
[2] https://www.espn.com/nhl/story/_/id/39093329/detroit-red-wings-david-perron-suspended-6-games-pay
[3] https://www.nhl.com/news/topic/player-safety/detroit-red-wings-david-perron-suspended-six-games
[4] https://www.espn.com/nhl/story/_/id/39093329/detroit-red-wings-david-perron-suspended-6-games-pay
[6] https://theathletic.com/5125604/2023/12/12/nhl-player-safety-gudbranson-perron/
[7] Id.
[8] https://sports-entertainment.brooklaw.edu/wp-content/uploads/2021/01/NHL-Collective-Bargaining-Agreement-2012-2022-reduced.pdf (emphasis in original)
[10] Photo Credit: AP Photo/Frank Franklin II
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