[News] Patrick Kane being investigated for rape. UPD: DA announces no charges

[Locke]

Originally Posted by CroFlames

Charging him doesn't make him guilty though. I wonder if they let him play until he's convicted of a charge?

Originally Posted by GioforPM

I think they suspend him as a "distraction". Voynov was suspended pre-conviction. But you are right, they don't have to.

Can you suspend him if he hasnt even been charged? I mean, until theres a charge isnt it just suspicion?

[CroFlames]

Kane is American afterall. I wonder though if they don't allow him to work before he's convicted of a crime that would cause a ####storm of "his rights being violated".

[thefoss1957]

Locke...I would think that suspending before there is legal cause would invite a Breach of Contract law suit, especially if charges are NOT eventually filed.

[Locke]

Originally Posted by CroFlames

Kane is American afterall. I wonder though if they don't allow him to work before he's convicted of a crime that would cause a ####storm of "his rights being violated".

I dont really know how to take that comment.

I mean, if you're preventing a guy from working because of suspicion of having committed a crime despite the fact that there doesnt appear to be enough proof to even lay charges after more than a month of investigation, would that not be a violation of his rights?

[CroFlames]

Originally Posted by Locke

I dont really know how to take that comment.

I mean, if you're preventing a guy from working because of suspicion of having committed a crime despite the fact that there doesnt appear to be enough proof to even lay charges after more than a month of investigation, would that not be a violation of his rights?

Of course it would be a violation. That's why I'm wondering what will happen.

Let's say he's charged, but not yet convicted. If the Hawks/NHL suspend him, would that cause a ####storm? I think it would because Kane's American.

Innocent until proven guilty as the old adage goes.

[Locke]

Originally Posted by CroFlames

Of course it would be a violation. That's why I'm wondering what will happen.

Let's say he's charged, but not yet convicted. If the Hawks/NHL suspend him, would that cause a ####storm? I think it would because Kane's American.

Innocent until proven guilty as the old adage goes.

Okay, but I think 'charged with a crime' warrants a suspension, nothing less though.

I dont know what him being American would really have to do with it.

[nik-]

These contracts often have conduct clauses that allow for suspension do they not? Normal rules don't typically apply.

[Locke]

Originally Posted by nik-

These contracts often have conduct clauses that allow for suspension do they not? Normal rules don't typically apply.

Normally I'd agree with you but at the moment there is no way to know if he ever actually did anything, how can you suspend him for that?

The actual facts of this case that we know are: "We dont know any actual facts of this case."

This case could go from him being a psychotic serial rapist all the way to him being a Lizard-man from the moon who has come to deliver our salvation.

If hes a moon-based Lizard-man then suspend the hell out of him! I'll never recognize them as my saviour, I'm all about Pluto Lizard-man Local 1138.

[GioforPM]

Again, convicted/not yet convicted doesn't matter. Voynov was suspended before he was convicted.
http://www.nhl.com/ice/news.htm?id=735321

What does matter is what facts are known or alleged to be known by the league or the employer. I'm betting the fact of a charge would be enough. I doubt he'd be suspended without pay though.

[Locke]

Originally Posted by GioforPM

Again, convicted/not yet convicted doesn't matter. Voynov was suspended before he was convicted.
http://www.nhl.com/ice/news.htm?id=735321

What does matter is what facts are known or alleged to be known by the league or the employer. I'm betting the fact of a charge would be enough. I doubt he'd be suspended without pay though.

I dont think we're talking about convictions yet, theres no crime yet.

Patrick Kane has not been charged with a crime. He is under suspicion and has been investigated and.....thats it.

Voynov was suspended after he was actually arrested and once charges were laid.

Neither of which has happened with Kane yet. At the moment, as far as the blind lady with the scales is concerned Kane is a fine, upstanding citizen that only taxi drivers with insufficient change need to be wary of.

[mikephoen]

Nm.

[Weitz]

Are the rumblings true that it was Kane's side that refuses to settle?

[GioforPM]

Originally Posted by Locke

I dont think we're talking about convictions yet, theres no crime yet.

Patrick Kane has not been charged with a crime. He is under suspicion and has been investigated and.....thats it.

Voynov was suspended after he was actually arrested and once charges were laid.

Neither of which has happened with Kane yet. At the moment, as far as the blind lady with the scales is concerned Kane is a fine, upstanding citizen that only taxi drivers with insufficient change need to be wary of.

Some people were claiming he couldn't be suspended when charged but not convicted. That was what I was responding to.

Anyway, suspension is a contractual matter, not a criminal one. He could be charge, not charged, convicted, not convicted. It doesn't matter legally as to the ability to suspend him. All that matters are whether the League or the team can establish the grounds under the CBA or the SPC.

[Locke]

Originally Posted by GioforPM

Some people were claiming he couldn't be suspended when charged but not convicted. That was what I was responding to.

Anyway, suspension is a contractual matter, not a criminal one. He could be charge, not charged, convicted, not convicted. It doesn't matter legally as to the ability to suspend him. All that matters are whether the League or the team can establish the grounds under the CBA or the SPC.

Right, okay, we agree. I got sidetracked by the Lizard-men.

[GioforPM]

Originally Posted by Locke

Right, okay, we agree. I got sidetracked by the Lizard-men.

I am agreeable. And I didn't know you were in SC:

http://www.dailymail.co.uk/news/arti...d-costume.html

[Locke]

Originally Posted by GioforPM

I am agreeable. And I didn't know you were in SC:

http://www.dailymail.co.uk/news/arti...d-costume.html

I'm not! They're everywhere!

Damned non-Union Lizard-Men ruining it for the rest of us.

[nik-]

Originally Posted by Locke

Normally I'd agree with you but at the moment there is no way to know if he ever actually did anything, how can you suspend him for that?

The actual facts of this case that we know are: "We dont know any actual facts of this case."

This case could go from him being a psychotic serial rapist all the way to him being a Lizard-man from the moon who has come to deliver our salvation.

If hes a moon-based Lizard-man then suspend the hell out of him! I'll never recognize them as my saviour, I'm all about Pluto Lizard-man Local 1138.

I think basically how it works is if you make the team look bad, they have grounds to suspend you. Whether there are clauses like that in Kane's contract is another matter. Whether a team would want to take the risk of damaging the relationship if these allegations turn out to be false is yet another matter.

https://en.wikipedia.org/wiki/Morals_clause

[GioforPM]

If a suspension happens IMO it will be the NHL, not the team, that does it.

[Weitz]

Heard on the radio there will be a press conference in relation to this tomorrow.

[GGG]

The other thing is the the Blackhawks have no obligation to let Kane play or practice with the team.

They just have to pay him the cash. Whether he is suspended or not really only affects things like cap and roster.

The Blackhawks can leave him on the roster and not have him be associated with the team. Kane doesn't have a right to play hockey or a right to be presumed innocent by his employer. He has a right to whatever he agreed to in the SPC.