Whether he is protected or not, he's going to be on the team. If he's left unprotected, I can't see any teams taking him.
I certainly wouldn't use a protected spot on him.
Personally I would have liked to see Scott get a shot as the "enforcer". Just seems like he is more of a skater and checker than Simon is. However, Simon is here and any speculation that Jackass will let him go to the waiver wire unprotected is sheer folly.