If this was a one of occurrence, you'd have a leg to stand on. However it's happened far too often for this not to be intentional. Any way you look at it, he's either intentionally hitting players high (as he repeatedly and unnecessarly launches himself upwards, despite being 6-4 already), or he's intentionally playing so reckless that he doesn't have control over his body, which boils down to the same thing.
But seeing how we're talking about his (soon to be) 4th suspension in the last 53 weeks (12 mths+1 week), there's no way this isn't intentional on his part.