ATP Setting a Strange Precedent with Latest Nick Kyrgios Punishment

The ATP Tour issued a press release announcing it will suspend a suspension given to Nick Kyrgios. This addresses the 20-year-old's recent vulgar remarks. However, the six-month "probationary" period sets a precedent that opens the ATP up to a host of issues.

Sunday, the ATP announced a $25,000 fine and 28-day suspension for Kyrgios, who made lewd comments directed at Stan Wawrinka during a Rogers Cup match in Montreal a couple of weeks ago. The ATP had already fined Kyrgios $12,500. But after completing a review, officials determined that his conduct met the criteria for "Aggravated Behavior."

The Australian remains eligible to play at the U.S. Open and can avoid the fine and suspension if he conducts himself appropriately over the next six months.

Lowering the hammer on Kyrgios is one thing, but how will the ATP monitor his behavior during his probation?

Whatever it does will impact how future serious unsportsmanlike conduct violations are handled. This ruling sets the bar for what constitutes a major offense and warrants suspension and probation.

Perhaps the intent was to issue a stiff enough penalty to satisfy the outcry against Kyrgios while avoiding banishing one of its most notable young stars. By putting Kyrgios on watch, the ATP gets to appear tough and compassionate at the same time.

Unfortunately, the ATP ventures into murky territory. This indecisive pronouncement holds Kyrgios to vaguely defined rules of conduct.

If after reviewing Kyrgios' behavior, ATP officials believed his conduct deserved suspension, why not just suspend him?

Instead, the ATP took the wishy-washy route and instituted a way out that states that the fine and suspension will be withheld if Kyrgios "does not incur any fines for verbal or physical abuse at any ATP sanctioned tournament or...does not accumulate fines totaling more than $5,000 for any other offenses at ATP sanctioned tournaments," per the press release.

By including stipulations that involve interpretations as to finable offenses, the ATP has opened the door to scrutiny over how it quantifies the severity of verbal abuse and unsportsmanlike conduct.

It's clear that Kyrgios' actions at the Rogers Cup constitute verbal abuse and unsportsmanlike conduct. During a match against Wawrinka, a television microphone picked up Kyrgios saying that fellow Australian player Thanasi Kokkinakis slept with Donna Vekic, a 19-year-old female tennis player reportedly dating Wawrinka, who is separated from his wife.

Wawrinka took to Twitter to complain about the comments and urged the ATP to take action against Kyrgios.

The ATP initially fined Kyrgios $10,000, the maximum allowed for on-site verbal abuse or unsportsmanlike conduct. Kyrgios was also fined $2,500 for conduct related to a comment made to a ball person.

In explaining the ATP's decision to impose further sanctions, Gayle David Bradshaw, its executive vice president of rules and competition, stated (via press release) that:

"

This incident was egregious and reflected poorly on our sport. Nick has expressed regret, and the best result would be that he learns a lesson from this incident and that he understands he is responsible to the Tour and to fellow players for both his actions and his words. It is with these factors in mind I feel he should have the opportunity to ‘earn’ his way out of additional sanctions.

"

Besides sounding like a parent admonishing a child, Bradshaw's comments about Kyrgios having to "earn" his way out of additional sanctions is strange. What happens when another player is fined for "egregious" behavior? Will they get an opportunity to "earn their way" out of a harsher punishment?

What about repeat offenders such as Fabio Fognini? Last year, the Italian built a portfolio of bad behavior. Why did he not have to earn his way out of a suspension?

Fognini was fined $2,000 for flipping the bird at Chinese fans at the 2014 Shanghai Masters after losing to Wang Chuhan. Fognini also elbowed Wang during the post-match handshake. This came after aMay 2014 incident in which Fognini delivered veiled threats to a chair umpire after a call was overruled. Fognini not only argued with the chair umpire, he also grabbed him by the arm. He then told the umpire "If I lose this match you're going to be in big trouble."

In the same year, Fognini told another chair umpire, Wayne McEwen, that he would "smash my racket in your head," according to Mike Dickson of the Daily Mail. Fognini also used an ethnic slur against a Serbian opponent. Yet he was never issued a conditional suspension.

The ATP needs to be more specific about what it considers so egregious and damaging to the sport that a player has to be put on half a year's probation.

This six-month cloud hanging over Kyrgios' head puts the Aussie on red alert. Broadcasters, opponents, line judges and chair umpires now have the power to call out Kyrgios' behavior and weigh in on whether it rises to the level of finable verbal abuse.

The ATP set limits, but who determines the amount for each finable violation? How much for cursing? Many players, including Andy Murray and Roger Federer, drop F-bombs during matches. But not all players incur fines for their outbursts. Will Kyrgios be singled out if he curses on the court?

Are fines bigger when they involve disgusting language aimed at a woman?

In 2012, the ATP only fined Michael Llodra $2,500 for calling an Asian-American female fan at Indian Wells, a "Chinese whore." Uttered in French, Llodra reportedly made the comment during a match. According to Courtney Nguyen of Sports Illustrated, some Chinese fans were appalled by the small fine and wanted Llodra banned from playing in China.

Does using crude language about a female tennis player deserve $35,000 more in fines than a racist and misogynistic comment aimed at a fan?

The WTA Tour fined Shamil Tarpischev, the head of the Russian Tennis Federation, $25,000 and suspended him for a year for comments aimed at Serena and Venus Williams. And those remarks were made in Russian, on a television show.

Perhaps the ATP levels higher penalties based on the of amount of outrage from the offended party? Had someone not understood what Llodra said or if the woman he offended had not gone public, would he have been fined at all?

The ATP needs to get busy clarifying what constitutes "aggravated behavior." Are racial slurs more or less offensive than misogynistic behavior? Are all repeat offenders subject to monitoring to see if they have "learned their lesson"?

Officials could have ended this woeful situation by coming down firmly on either side. They needed to either issue a lengthy suspension or stand behind the initial fine.

By instituting a probationary period for on-court verbal abuse, ATP officials has elevated unsportsmanlike conduct to a quasi-criminal act and appointed themselves probation officers.