Why should Kane not be allowed to practice? He still hasn't been charged with anything. If he does actually get charged, then by all means suspend him, but until then he should be allowed to continue his career.
Innocent until proven guilty.
Let him do whatever he wants until he gets arrested.
Because that's not how it works? No matter what spiel like Brian Burke will come up with, about "guys can come into work if they haven't been charged etc," that's not how it works in real life.
Firstly, look at the own CBA. Specifically, Article 18-A.2, where it specifically dictates:
18-A.2 Commissioner Authority to Impose Discipline for Off-Ice Conduct.
Whenever the Commissioner determines that a Player has violated a League Rule applicable to Players (other than Playing Rules subjecting the Player to potential Supplementary Discipline for On-Ice Conduct), or has been or is guilty of conduct (whether during or outside the playing season) that is detrimental to or against the welfare of the League or the game of hockey, he may discipline such Player in any or all of the following respects:
(a) by expelling or suspending such Player for a definite or indefinite period;
The league has the absolute right to bring punishment down to any player including suspension if they feel that the conduct of the player in question brings the reputation of the game and the league into question. A fact that has been parroted around the hockey world but people still don't seem to want to listen.
Like it or not, Kane is an absolute detriment to this game, especially with today's fiasco. Tampering of evidence is a serious crime, a felony, and couple that with a high profile rape investigation of the best player in the world, brings into question the reputation of NHL players and the league itself. This case is the icing on the cake on what's been a tumultuous summer for the NHL. Right now, a New Jersey Devil prospect is in court for two sexual assault charges. Ribeiro just settled his civil court case on allegations of sexual allegation and he's not shaking off the reputation of a sexual predator any time soon, especially given his past reputation. Believe it or not, the NHL has an issue on their hands.
I believe it's one thing to think that Kane has the right to his day in court. In the eyes of the law, he hasn't been proven to have broken the law. However, reputations, rumours, and public discourse don't play within the realms of the law and in the minds of the public, Kane's guilt is more likely due to his reputation, actions and run-ins with the law. The reputation the NHL builds isn't based on guilt in the eyes of the court but in the eyes of the public and the sports world. It's naive to think that Kane has all the right to play in the preseason when millions of eyes are fixed onto the spectacle, the gongshow that's forming in the NHL's own backyard. Though I won't lie, it's hilariously sad how the Blackhawks and NHL gave their public backing of Kane right before today's press conference. In the eyes of the public, Kane's footing just took another dip and the NHL is slowly digging themselves a hole, regardless of Kane being guilty or not.
Both the Erie and Hamburg police have made statements that all protocol have been followed and that all evidence is accounted for. The victim's lawyers have proof that the evidence bag is legitimate. There is an obvious disconnect of logic here and this could blow up especially with the state attorney and potentially the FBI getting involved. This isn't what the NHL needs right now. They should have distanced themselves away from Kane but they didn't and they're reaping the fruits of labour.
Oh and as for the courts of your minds: lack of DNA below the waist doesn't exonerate at all. For example, effective usage of a condom would prevent transmission of DNA from one party to another. And lest anyone starts speculating about other DNA found below the waist or Kane's under the fingernails: don't. Speculation of origin of DNA on the fingernails or below the waist will not exonerate or condemn Kane simply because no one has the full picture.