Depends on the participants. If it's Matt Cooke on Sid Crosby, definitely. If it's Sid Crosby on Matt Cooke then no. (Forget that they are both on the same team for the sake of example)
The league is inconsistent with it's discipline and always has been. Who the heck knows what they'd call? That's just the way things roll.
Scott Stevens was allowed to get away with hits no one else was allowed to get away with. His elbows and forearms were called shoulders. His deliberate hits to the head were mystically clean. He feigned shock and surprise when his identical premeditated hits to the head caused injuries. He was one of the dirtiest players of his time. Yet some defend him like he was their son.
I think you're going a little overboard here. I don't remember any elbows from this guy. But he was definitely a headhunter. He would crush guys in a vulnerable position and leave them writhing on the ice.
I don't think the league can afford this anymore. We've already lost one generational talent (Lindros, though due largely to his own fault) and now we've seen Crosby hurt. God help the league if somebody flatlines OV.
I'd like to see them at least experiment with a ban on hits to the head. I think the time has come for this. They should also look at making shoulder pads softer.