An in-person hearing allows for Garbutt to be suspended for five games or longer as per the league's Collective Bargaining Agreement.
Garbutt delivered a high hit to Penner in the second period of Sunday's game. Penner left the game and did not return. Garbutt was not penalized for the hit.
Garbutt's hearing will take place in New York City on Wednesday, as per NHL.com.