Unfortunately the way the rule is written that's correct.
He also said Bowen wasn't suspended for his cheapshots because they can't determine intent. he said there was contact with Nash thus the foul, there was no contact with Amare thus no foul.
Which is sort of like saying until he actually hurts someone with those cheapshots we can't do anything which is completely bass ackwards.
That's the part that bothers me the most. Bowen has a history of kicking players, sticking his foot out on jumpshots, etc., yet they can't determine intent with him and they CAN with Amare, Diaw and Duncan? I can't believe they could possibly determine Diaw was going to do anything other than check on Steve Nash. The only other thing I could see Diaw doing in that situation is leaving the bench to get a cup of coffee and a croissant.