Yesterday, the San Jose Sharks left Evander Kane off their opening night roster, noting that he “is considered a non-roster player pending completion of the NHL’s investigation.” There was no clarity on how that affected the team’s cap situation, but CapFriendly reports today that Kane’s $7MM cap hit will not currently count against the Sharks. That leaves them with a little more than $8MM in total cap space going into the season.
The bigger question is how long will the Sharks be without Kane, and there could be an answer coming soon on that front. Nick Kypreos of Sportsnet tweets that the league is leaning toward suspending Kane under the CBA’s “Commissioner Discipline for Off-Ice Conduct” (article 18-A). A suspension like this is entirely determined by the league’s commissioner, in this case Gary Bettman, but does have an appeal process. Technically the article also states that a player’s contract can be canceled by the commissioner, though nothing has indicated that will be the case here. It reads:
18-A.2 Commissioner Authority to Impose Discipline for Off-Ice Conduct.
Whenever the Commissioner determines that a Player has violated a League Rule applicable to Players (other than Playing Rules subjecting the Player to potential Supplementary Discipline for On-Ice Conduct), or has been or is guilty of conduct (whether during or outside the playing season) that is detrimental to or against the welfare of the League or the game of hockey, he may discipline such Player in any or all of the following respects:
- (a) by expelling or suspending such Player for a definite or indefinite period;
- (b) by cancelling any SPC that such Player has with any Member Club; or
- (c) by imposing a fine on the Player not exceeding the maximum permissible fine under Section 18.7(b).
For the purpose of calculating compensation forfeited due to a suspension under this Article, the Player will forfeit all Paragraph 1 NHL Salary and Bonuses, but not Performance Bonuses, commencing on the effective date of the suspension through the completion of the last game or date of the suspension, inclusive of all intervening days.
David Pagnotta of The Fourth Period tweets that the investigation is ongoing and Kane is currently designated as a non-roster player. How long that designation stands for is unclear, just as the potential length of suspension is still unclear.
When the league announced that Kane had been cleared of the allegations of gambling on NHL games, it also included a note that he was being investigated for other potential wrongdoing. The official release has been changed several times, but now does not include any mention of the “allegation of inappropriate behavior potentially jeopardizing the health and safety of Club members” that it once listed.
Is Kane being suspended because Tomas Hertl doesn’t want him around? Is the NHLPA OK with that? He was cleared of the gambling thing and, thus, the other things his wife said should be taken with lots of salt.
Reportedly, Kane used a fake vaccine card, which if true is a matter for the FBI more than the NHL. If they plan on suspending every and any other player who does the same, OK fine and dandy. More power to them.
To be clear, the Sharks have the right to do it (see NYR vs. DeAngelo) and I would do the same as them, but…seems weird that the union wouldn’t be fighting it, when they fight for players on everything else (ex. Tom Wilson’s right to maim people).
Interesting that you bring Hertl into this mess.
Are you implying that Tomas has such power over Bettman and the rest of the NHL HQ office that he can cause a player to be investigated on so many levels that his own team wouldn’t dare activate him? If so, you may be onto the biggest conspiracy since watergate.
Or; maybe, just maybe; this dude, through his own patterns of misbehavior and poor decisions, has garnered enough negative attention that even though his estranged significant other’s allegations may be false, needs to be dealt with.
Not that I wish ill upon Evander, but with all of the headlines he’s been a part of over the past few years…
If it looks like a duck, smells like a duck, and quacks like a duck, it’s probably a duck. Therefore, he gets treated accordingly. Don’t forget that the NHL is a private enterprise and isn’t bound by the (false) innocent-until-proven-guilty standards that most people want to rely on.
“Don’t forget that the NHL is a private ente…”
“To be clear, the Sharks have the right to do it (see NYR vs. DeAngelo) and I would do the same as them.”
I literally said this in the sentence right before you replied.
Understood. That sentence was just a part of my own statement. I did reply directly to your comments, mostly because you cited Hertl and the PA. Neither of which have any say so in the Kane matter.
Essentially you queried whether Hertl or the PA have any leverage in the treatment of Kane, and then said in the same breath that SJ can do whatever they want. Just figured I’d make my thoughts clear.
All good Josh, don’t take offense.
Although, I have to wonder what the PA could even argue on this one. You make a good point about how they fight for players. Maybe they could try and help him recoup some salary at least? I’m sure there are some rules here that we aren’t privy to.
@M34 – Actually, Hertl’s influence has been reported to be such that he has allegedly hinted at not resigning unless Kane is dealt. And, SJS would probably rather have Hertl around, than Kane’s distractions and disruptions. I don’t believe he has any pull regarding the NHL’s investigations, however.
Agreed on all points. You actually just reinforced everything I said. I know there had been reports that Kane’s presence would lead to locker room discontent, but I don’t see Hertl sitting out games this year just because #9 is on the active roster. He has no leverage in the situation.
The sticky part is that SJ will have a hard time trying to deal Kane now, with all of the drama involved. I actually wouldn’t be surprised to see Hertl dealt at the deadline instead, since it’s probably rebuild time in Southern Cali and he’s on the final year of his deal with only a modified NTC. Could fetch a nice return.
@M34 – I don’t think Hertl would go so far as to sit out games, in protest, but it was more about his own future with the team. And, Kane’s value may have bottomed out, already, so SJS may be wishing for a league-sanctioned contract termination, as MTL may be the only team willing to sign yet another distraction. And, SJ is in the northern part of the state, but it’s true there is rebuilding going on farther south.
Geography never was my strong suit. Haha
Hi Gavin,
Just to let you that Nick Kypreos doesn’t work for Sportsnet. I’m not sure if you’re aware of that.
“‘Nick Kypreos of Sportsnet tweets’ that the league is leaning toward suspending Kane under the CBA’s “Commissioner Discipline for Off-Ice Conduct” (article 18-A)”.
Hi Josip. Two weeks ago, Kypreos re-joined Sportsnet as the host of their afternoon drive program, alongside Justin Bourne. He even tagged the Sportsnet FAN590 radio account in the tweet linked here.
lmfao
@Josip – I’m afraid @Gavin got the drop on you, there. Kypper hasn’t mended his ways, though, as he still seems hell-bent to suck all of the oxygen out of the room, so JB can’t get a word in, edge-wise.
Oh okay, I saw it & I got it.
What’s the odds on a suspension or termination?
@kingsfan1968 – I’ll bet you EK9 can give us some insider intel on that! :)
Innocent of gambling on games?
But the league hits him with an indefinite, “unrelated” suspension?
The NHL expects us to believe this?
#LetKanePlay