[ZX5focused]

gary bettman Wrote:For the reasons set forth below, it is my belief that Mr. Bertuzzi has paid a very significant price for his conduct on March 8, 2004, and that he should be reinstated immediately so that he is eligible to play as of the commencement of the 2005-06 NHL season. In reaching this determination, I note the following material considerations to which I have paid particular attention:

1. Mr. Bertuzzi's actions were deserving of an appropriately harsh sanction. From an NHL standpoint, there is no question that Mr. Bertuzzi's actions clearly went well beyond what could ever be considered acceptable behavior in the National Hockey League. Mr. Bertuzzi must be held responsible for the results of his actions, and the message must be delivered loudly and forcefully that the game will not tolerate this type of conduct. I believe that the League's response at the time of the incident and subsequently is consistent with that responsibility and delivers that message.

2. I find that the appropriate discipline to be imposed for Mr. Bertuzzi's conduct on March 8, 2004 is the suspension that has been served to date by Mr. Bertuzzi (i.e., a supplemental discipline suspension of almost seventeen (17) months, the longest in NHL history).

I anticipate that there will be those who will say that Mr. Bertuzzi's seventeen (17) month suspension is inadequate, and not proportionate to suspensions imposed on other Players for conduct that may be considered ''less severe'' than Mr. Bertuzzi's actions because of the work stoppage that wiped out the entire 2004-05 NHL season. I disagree. In light of the unusual circumstances surrounding the 2004-05 season, it is appropriate to consider not only the significant impact the suspension has had on Mr. Bertuzzi's NHL career, but also the impact that the League's suspension has had on Mr. Bertuzzi's ability to play professional hockey anywhere during this time, as well as the financial, criminal, civil and emotional consequences he has endured as a result of his conduct on March 8, 2004, as follows:

As a result of his suspension, Mr. Bertuzzi missed thirteen (13) NHL regular season games and seven (7) NHL playoff games during the 2003/04 season, resulting in his forfeiture of $501,926.39 in salary.

Both the Vancouver organization and Mr. Bertuzzi believe that Mr. Bertuzzi's suspension may very well have cost the team competitively, resulting in a less favorable 2004 playoff experience than the Club otherwise may have achieved had Mr. Bertuzzi been on the roster and playing.

As a result of his suspended status, Mr. Bertuzzi also was deemed ineligible to play hockey outside of the NHL during the period of his suspension. The practical consequences of this were that Mr. Bertuzzi could not join the numerous other NHL players who were able to participate in the 2004 World Cup of Hockey and in the 2004 and 2005 IIHF World Hockey Championships. In addition, because he was barred by the International Ice Hockey Federation from playing professional hockey in Europe during the period of his suspension, Mr. Bertuzzi was ruled ineligible to play for any European professional team during the term of the NHL work stoppage, thereby distinguishing Mr. Bertuzzi from almost 400 of his fellow NHL players who played and earned salaries in Europe. Therefore, although he sought employment in Europe, Mr. Bertuzzi's NHL suspension effectively precluded him from earning a livelihood playing hockey for the entire seventeen (17) months of his suspension. Mr. Bertuzzi testified that following his actions on March 8, 2004 and his suspension by the NHL, he experienced lost or cancelled endorsement opportunities estimated in the approximate amount of $350,000.