Bruins forward Shawn Thornton will be appealing his 15-game suspension handed down by the National Hockey League.
Colt McCoy Redskins Jersey . 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.
Shawn Lauvao Redskins Jersey . An in-person hearing allows for Garbutt to be suspended for five games or longer as per the leagues Collective Bargaining Agreement. Garbutt delivered a high hit to Penner in the second period of Sundays game.
Official Washington Redskins Jersey . Peko, a fourth-round pick in 2006, started all 16 games and a playoff loss to San Diego last season. He was second on the line with 72 tackles and had a career-high three sacks.MIAMI -- Erik Spoelstra said he mentioned how daunting the task would be only once. Back in September, when the Miami Heat assembled to begin training camp, Spoelstra addressed his team about furthering its championship legacy and how rare it is for a team to find its way to the NBA Finals in four consecutive seasons. "Weve never brought it up since then," Spoelstra said. Itll get brought up now. The seed the Heat coach planted in the Bahamas at that training camp took root. The Heat are finals-bound -- for the fourth straight time. The sputtering stretches of play in March and April, surrendering the top seed in the Eastern Conference playoffs to Indiana, winning 12 fewer games in this regular season than a year ago, they all seem moot and meaningless now. The Heat have a chance at a third consecutive NBA title, with the finals starting Thursday night against San Antonio in a title-series rematch. "Its amazing to make it to one finals," Heat forward Shane Battier said. "To do it four times in a row for some of these guys, its a tremendous, tremendous accomplishment and it speaks volumes to the dedication, luck, and perseverance that you need to do it." Spoelstra spoke of that luck factor when he gathered his team for a locker-room huddle moments after the celebration started Friday night, after Miami wrapped up its fourth straight East crown with a 117-92 win over Indiana to win the series in six games. His words were interrupted twice by LeBron James, which nobody minded. "We dont take this for granted," Spoelstra said. "No, sir," James added, nodding. "We do not take it for granted," Spoelstra repeated. "No way," James interjected. "How tough it actually is and how many things have to go our way," Spoelstra continued. "Four times, you guys who havent been here with us the whole time, you guys inherit everything that weve experienced." Only six current Heat players appeared in the 2011 post-season, Miamis first of the "Big 3" era and the last in which it actually lost a series. James, Dwyane Wade, Chris Bosh, Mario Chalmers, James Jones and Udonis Haslem are the last holdovers. Battier and Norris Cole arrived after the 2011 finals loss. Ray Allen, Chris Andersen and Rashard Lewis -- all playing huge roles these days for Miami -- came after the first title run of this Heat era in 2012.
Ziggy Hood Redskins Jersey. The core of last seasons title squad, with the exception of amnestied Mike Miller, was back to try it again this time around. Even with all that talent, with that championship experience, Spoelstra knew a tone had to be immediately set when the season began. "What I was really encouraged about was our attendance and commitment in training camp in the Bahamas," Spoelstra said. "Right from there, and we communicated during the summer that, if were real about this, about how difficult that journey is, that you cannot shortcut, that we would show it immediately in training camp." Theyre still showing it now. Miami is 12-3 in these playoffs, 8-0 at home, and has won a road game in 15 straight post-season series. The Heat will need to extend that streak to win the NBA Finals; the Spurs will hold home-court advantage. "Obviously, going through the weeks and weeks and weeks and grinding months of a regular season, it was a toll on all of us," James said. "But I felt like down the stretch, if we could get healthy, we could get everyone in uniform and have our full strength, it didnt matter what seed we were. I felt like we can represent the Eastern Conference again in the finals if we had the health, and we were able to accomplish that." At times, like Friday night, they make winning look easy. Collectively, they insist its much harder than it appears. "You still have to go out and do it every single night," Allen said. "Its the toughest thing Ive ever done and I guarantee the guys in this locker room would say the same thing." Only the Lakers and Celtics have appeared in four straight finals, with Boston (1984-87) the last to do so. Wade was 5 when that run ended, James was 2, and Cole, Michael Beasley and Greg Oden hadnt even been born. Now the Heat are in that club. And regarding what Spoelstra said in that first-day conversation, the point of his words then has become perfectly clear to his team now. "Having a chance to win is always a special thing," Bosh said. "We always talk about not taking it for granted from Day One. We know its a very long season. It has its rewards in the end if we stick together and do what were supposed to do. But it hasnt really hit us yet. I would rather it hit me in two weeks."
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