An independent arbitrator has reduced the suspension of Calgary Flames defenseman Dennis Wideman from 20 games to 10 games.

On Jan. 27, Wideman hit linesman Don Henderson while skating back to the Calgary bench and was eventually suspended 20 games by NHL Senior Executive Vice President of Hockey Operations Colin Campbell. Henderson suffered a concussion on the play and has not officiated since.

Wideman has sat 19 games during a lengthy appeal process that involved commissioner Gary Bettman and then the neutral arbitrator.

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Below is the crux of the decision by arbitrator James Oldham, saying that he believed Wideman should have been suspended, but 20 games was too harsh. Oldham noted that the play fell into Rule 40.3, in which a player is suspended 10 games where physical force is applied to an official “without intent to injure.”

Rule 40.2 involves intent to injure, which is what the league cited.

The Commissioner’s basic conclusion -- that Wideman’s on-ice behavior resulting in Linesman Henderson’s concussion constituted physical abuse of an official calling for Supplemental Discipline for on-ice conduct -- was correct. Also, the Commissioner’s use of League Rule 40 (“Physical Abuse of Officials”) as a framework for analysis was appropriate. The Commissioner’s conclusion, however, that Wideman’s behavior constituted intentional action within the meaning of Rule 40.2, automatically triggering a penalty of not less than twenty games, is not endorsed in this appeal because, in my opinion, that conclusion is not substantially supported by the totality of the evidence presented to me at the NDA hearing. In my judgment, the proper penalty should have been that specified in League Rule 40.3. Taking into account Wideman’s eleven years of discipline-free performance as a professional hockey player, there is no occasion to go beyond the ten game minimum specified in Rule 40.3. Dennis Wideman’s penalty, therefore, should be reduced from twenty games to ten games, and it is so ordered.

Even though Wideman sat almost the entire length of the suspension, he will see the forfeited salary from his suspension reduced to $282,258 from the initial amount of $564,516, according to General Fanager.

The NHL said it disagreed with the ruling and would look at further action moving forward, even though Wideman is allowed to play again.

“We are in receipt of Arbitrator James Oldham’s Opinion in the appeal of Dennis Wideman’s supplementary discipline suspension and reducing the suspension from 20 to 10 games. We strenuously disagree with the Arbitrator’s ruling and are reviewing the Opinion in detail to determine what next steps may be appropriate,” the league said in a statement. “We will have no further comment until we have completed our review. In light of and in response to Arbitrator Oldham’s Opinion, Mr. Wideman will be reinstated and will be eligible to participate in his team’s games, effective immediately.”

The NHLPA gave an approval of the decision.

"Given that it was undisputed that Dennis suffered a concussion mere seconds prior to his collision with linesman Don Henderson, we felt strongly that there should have been no discipline," the PA said in a statement. "Nonetheless we are pleased that Arbitrator Oldham found that the collision was not intentional and that the suspension was reduced to 10 games. We respect the process and the decision and we look forward to Dennis returning to the ice tonight with his teammates."

Sportsnet’s Nick Kypreos said the NHL may look into an appeals process in federal court.

The appeal with the neutral arbitrator was heard Feb. 25 and Feb. 26 in New York. On Feb. 19, Bettman announced the 20 games had been upheld after he heard arguments from the NHLPA. Testimony was provided by Wideman, NHLPA exec Mathieu Schneider, Calgary Flames GM Brad Treliving, NHL vice-president and director of officiating Stephen Walkom, Henderson and Dr. Ian Auld, lead physician for the Flames.

Oldham noted new testimony from Walkom, showing that there may not have been intent to injure from Wideman.

“My opinion on the question of intent is supported by an important piece of new evidence, in the testimony of Stephen Walkom, the NFL’s Senior Vice President and Director of Officiating. Mr. Walkom summarized his testimony as follows: “My testimony is that he [Wideman] was upset, he’s skating to the bench, and he made a mistake, and he cross-checked the Linesman, and he knocked him to the ice with enough force to hurt him, even though he probably didn’t intentionally mean to hurt him.”



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