On that July 2 date, when Sean Avery signed a four-year, $15.5-million contract with the Dallas Stars, he probably gave just a cursory glance at the 11-page document in front of him -- the NHL's standard players' contract (SPC).
Here's a refresher course from page 2, article 2 (e), in which Avery agreed -- among other things -- "to conduct himself on and off the rink according to the highest standard of honesty, morality, fair play and sportsmanship, and to refrain from conduct detrimental to the best interest of the Club, the League or professional hockey."
On Tuesday morning, as Avery launched into his now-infamous screed about how common it was for "guys to fall in love with my sloppy seconds," (referring to his former girlfriend actress Elisha Cuthbert dating Flamers defenseman Dion Phaneuf) pretty much everyone agreed that his words crossed a line. It was tasteless, uncouth, potty-mouthed, ignorant and generally demeaning toward women.
Your first thought was: What would his mother think?
The larger question, though, is did Avery also cross a legal boundary line and if so, could the Stars void that rich payout on the grounds that Avery breached a contract that the two sides agreed to, in good faith, only five months before?
The decision of venturing down that tricky path ultimately would fall to Stars owner Tom Hicks. Hicks sent an early signal about his view of the matter when he condemned Avery's conduct on the team's own website, soon after the NHL suspended Avery indefinitely pending a hearing with commissioner Gary Bettman Thursday at league headquarters in New York.
Undoubtedly, if the Stars decided to take the matter to court, it would open up a legal can of worms.
Officially, the National Hockey League Players' Association is withholding comment on Avery's case until after Bettman issues his verdict, according to an e-mail message from NHLPA executive director Paul Kelly. If the Stars took the unprecedented step of trying to fire Avery for cause, Kelly, a decent man, would be put into a difficult spot.
There is no way he could defend Avery's words. However, if the Stars tried to kick him off their team, without paying him off under the NHL's buyout regulations, the players' association would almost certainly need to run to his defense, because of the dangerous precedent it might set -- and the opportunity for other teams to get rid of problem-child players cheaply.
Before determining a course of action, Hicks would likely solicit input from his longest-serving players -- injured team captain Brenden Morrow, along with highly respected center Mike Modano and goaltender Marty Turco. To their ever-lasting credit, the Stars players made no attempt to rally behind their misogynist teammate -- not at noon the day Avery spoke his mind; not at 5 o'clock before the game and certainly not at 10 o'clock, and especially not after a message-sending 3-1 victory over Calgary, in which all the former traits of the Stars' organization, especially team discipline, were on display.
It didn't sound as though any of the players would miss Avery if he evaporated from the picture.
The immediate challenge for Bettman, who was perfectly within his rights to suspend Avery for conduct detrimental to the league, is to decide the number of games. The league suspends players for racial slurs. It would be hypocritical not to adhere to a similar code of conduct for blatant misogyny.
In general, short single-digit suspensions are seen as slaps on the wrist. This will require a message and usually a message is in the 10-to 20-game range.
There is also a suspicion that the league acted quickly to suspend Avery for the game against Calgary largely to avoid a possible bloodbath. The last thing the NHL needed was another Steve Moore incident. The league understood Phaneuf plays a hard, physical style, even without provocation.
Nor did Phaneuf rise to the bait when asked if the timing of the suspension was designed to eliminate the chance for retribution, saying only that Avery's comments were "very disrespectful" and that the league's response was appropriate.
Brett Hull, the Stars co-general manager, who was largely responsible for signing Avery to that contract, said that seeking "treatment" for Avery was a front-burner issue for the organization.
Hull didn't specify exactly what that might entail, but the implication was that Avery could be referred to the joint NHL/NHLPA substance and behavioral-health program for evaluation. If that occurs, and depending upon which stage of the program Avery would enter into, he would be suspended without pay until reinstated for on-ice competition by the program's doctors.
Since it is unlikely the Stars can trade Avery or lose his contract on waivers, their options are limited if they want to sever ties with him permanently. Either they can meekly take the financial hit by buying out his contract, or they can take him to court and argue breach of contract.
Knowing how swiftly Hicks reacted to Avery's condescending remark on Tuesday, you'd have to think he's up for a fight. And if he is and if he wins, wouldn't that be the sweetest payback of all?
(Contact Eric Duhatschek at eduhatschek@globeandmail.com)
(Distributed by Scripps Howard News Service, www.scrippsnews.com.)
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