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Bernstein: Patrick Kane Mess Has Blackhawks, NHL In A Bind

By Dan Bernstein--
CBSChicago.com senior columnist

(CBS) Blackhawks winger Patrick Kane hasn't been charged with a crime. Relative to the Blackhawks and the NHL, he remains an active player in good standing, fully eligible to attend training camp when it opens Friday at Notre Dame.

Having him there, however, will make life difficult for both the team and the league. And that's exactly what appears will happen, as the Blackhawks confirmed Wednesday morning that he's on the roster and expected to attend.

Kane has been accused of rape and is under investigation by Erie County prosecutors and the Hamburg, N.Y., police department. A grand jury is expected to reconvene in the coming days to hear evidence and determine the possibility of indictment, according to reports.

EA Sports dropped Kane from the cover of the NHL '16 video game, and the league chose to keep him away from their annual preseason media festivities. Commissioner Gary Bettman made his personal feelings clear when he told reporters the incident was "unfortunate" and added, "It's a terrible thing."

"We're going to have to watch the process play out," he said, "and at the appropriate time, we'll make whatever decisions have to be made."

The problem now is figuring out what time is appropriate and what decisions to make. This is uncharted territory, with no clear solution that satisfies all parties. The Blackhawks themselves have had no official comment on Kane's status, but sources tell 670 The Score that the team is discussing multiple options in conjunction with the NHL.

Blackhawks officials are aware of the same optics that EA Sports considered when scrubbing Kane from their product's cover, knowing the possible damage to their brand if their logo remains emblazoned on his chest. They also can imagine the influx of media beyond the usual local beat reporters -- here come real news crews that don't care about future access or a relationship with the team, not to mention national writers and broadcasters from both the U.S .and Canada. Embargoing questions will only make curious reporters more creative, and a roster full of young players from all over the world will have to navigate the linguistic and legal minefield that is discussing a rape investigation with proper sensitivity toward all involved.

It appears that Kane will defiantly just show up for business as usual, forcing the team and/or league into initiating action if they want to keep him away and meaning they must then abide by any rules collectively bargained with the NHL Players Association. A suspension would need to be supported carefully by rule and would appear to set a precedent of some kind, with no charges yet filed against Kane. The best possible outcome for the Blackhawks could be Kane accepting an offer for some kind of indefinite personal leave until the case resolves, but that now appears unlikely.

If Kane is skating Friday, the team risks the appearance of callousness and perpetuation of the enabling, win-at-all-costs mentality that has helped facilitate the unending behavioral problems of their 26-year-old star. As much as the Blackhawks have tried in vain to force his off-ice maturation, they have also tacitly endorsed him as those efforts have been failing, going so far as to trust him with the commitment of an eight-year contract extension worth $84 million.

Bettman will be held to his words, perhaps as soon as today. These decisions have to be made.

As of right now, it looks like the unenviable spectacle is about to occur – the defending Stanley Cup champions closing ranks around Patrick Kane, at the same time a grand jury in Buffalo hears details from his accuser, witnesses and investigators regarding an alleged rape.

Dan Bernstein is a co-host of 670 The Score's "Boers and Bernstein Show" in afternoon drive. Follow him on Twitter @dan_bernstein and read more of his columns here.

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