Gary Bettman Reveals Why He Upheld McAvoy's Suspension Appeal

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Austin Sabourin
November 8, 2023 (8:37 PM)

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NHL Commissioner Gary Bettman has upheld Charlie McAvoy's suspension, providing detailed reasoning behind his decision.

In his ruling, Bettman cited McAvoy's acknowledgment that the check on Oliver Ekman-Larsson did not go as intended, expressing that his initial aim was a shoulder-to-shoulder hit. McAvoy admitted his mistake, displaying remorse for his actions.

"At the hearing, Mr. McAvoy spoke candidly and acknowledged that he «did not successfully deliver the check I intended to,» noting that his intention was to deliver a shoulder-to-shoulder check on Mr. Ekman-Larsson. Mr. McAvoy reiterated that he had no intention to injure Mr. Ekman-Larsson on the play, and that he knows he made a mistake. Mr. McAvoy was respectful and appropriately remorseful for his actions. Mr. McAvoy went on to explain that this event happened because of a split-second decision he had made in error. While I recognize that the game of hockey is fast paced, I cannot excuse actions, such as these, which are wholly avoidable. Here, the video makes clear that the check was delivered late (Ekman-Larsson had already released the puck); it was delivered high (McAvoy elevated through the contact); it was delivered forcefully; and that it was not delivered shoulder-to-shoulder, but rather directly to Mr. Ekman-Larsson's head. While, fortunately, Mr. Ekman-Larsson was not injured on the play, the onus was still on Mr. McAvoy to avoid direct contact with Mr. Ekman-Larsson's head. Simply put, Mr. McAvoy could have, and should have, avoided making this illegal hit, but did not. As the above analysis demonstrates, the play at issue here was an illegal check to the head. The only question on appeal for my consideration is whether there was clear and convincing evidence to support a decision to suspend Mr. McAvoy for four (4) games (as imposed by the Department of Player Safety), or whether the suspension should have instead been limited to three (3) games (as contended by the NHLPA) for his illegal hit. While I find some of the previous suspensions involving arguably comparable plays presented by Mr. Gerba as evidence in support of a reduction to three (3) games illustrative, I do not find them controlling because of the various aggravating factors involved in this play, as are cited above."

Bettman emphasized that despite the fast-paced nature of hockey, certain actions are avoidable. The video evidence showed that the hit was late, high, forceful, and directly to Ekman-Larsson's head. Although Ekman-Larsson escaped injury, McAvoy had a responsibility to avoid head contact.

The main question in the appeal was the length of the suspension, and Bettman concluded that the four-game punishment imposed by the Department of Player Safety was justified due to the unique circumstances of the play, despite previous cases being considered for reference.

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