He doens't have to be convicted to use the out.
Players convicted of a crime or subject to a disposition of a criminal proceeding (as defined in this Policy) are subject to discipline. But even if the conduct does not result in a criminal conviction, players found to have engaged in any of the following conduct will be subject to discipline. Prohibited conduct includes but is not limited to the following: ▪ Actual or threatened physical violence against another person, including dating violence, domestic violence, child abuse, and other forms of family violence;