i do understand that's what you are trying to say, and i think it's laughable.
it was not an accident that draisaitl threw his elbow into barkov's jaw in what was otherwise a hockey play. what's more, the question of intent is separate from the question of game context, and doesn't exclusively decide whether or not supplementary discipline is warranted, as we've already been over.
i am going to stop this analysis here because you aren't presenting the argument i presented. draisaitl was upset because the florida forward he was playing against the most (before he took him out of the final half of last game's third period that is) was keeping him off the score sheet, as well as keeping his team's top line completely silent except for one 4v4 garbage goal, to which the panthers had posted 2 answering markers already.
yes, and the argument is facile. there is history. there need not be intent to injure, the cba only asks if the play itself displayed intent on the part of the player under consideration for discipline. you are muddying the waters between the standards here, putting them together to make standards which do not exist.
the game situation is draisaital suffering in futility at the expense of the best defensive center in the game, so he runs his elbow through the guy's chin like a dumbass. that's not getting your stick tangled in a guy's legs and he falls over. it should be a suspension.