personal conduct policies paper
TRANSCRIPT
PERSONAL CONDUCT POLICIES IN THE NHL 1
Personal Conduct Policies in the NHL
Nicholas Breitenstine
Drexel University
PERSONAL CONDUCT POLICIES IN THE NHL 2
Personal conduct policies are a huge part of any workplace agreement, but especially in
sports. Each workplace has a personal conduct policy, but some are more in-depth than others.
Personal conduct policies show employees, and in the sports world, athletes, what they can
expect if they do something that is deemed bad or against said policy. It’s an important thing
that professional sports teams need. Without, players would have no idea what to expect if they
did break the rules, whether it be on or off the field. Most professional league personal conduct
polices are found in the respective league’s collective bargaining agreement. Not all of these are
the same, however. The National Basketball Association has a conduct and discipline section of
their CBA, which mostly deals with on-court activities. The National Football League on the
other hand has club and commissioner discipline in their CBA. Personal conduct policies are
essential to the leagues and how they are viewed by the masses.
At the core, conduct policies are collectively bargained by the players and owners, and
are legal. An example is the NFL personal conduct policy. The policy states that “To ensure
that this policy remains current and consistent with best practices and evolving legal and social
standards, the Commissioner has named a Conduct Committee. This committee will be made up
of NFL owners, who will review this policy at least annually and recommend any appropriate
changes in the policy, including investigatory practices, disciplinary levels or procedures, or
service components” (Personal Conduct Policy, Conduct Committee, 2015). The committee will
also receive regular reports disciplinary officers, seek the advice of former and current players,
as well as experts regarding the best practices in academic, public, and business sectors to make
sure that everything remains up to legal standards (Personal Conduct Policy, Conduct
Committee, 2015). The NFL is a great example of making sure that the conduct policy is legal,
covering all their bases through many different means.
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The National Hockey League is an interesting league when it comes to person conduct. It
doesn’t have the volume of off-ice/field cases like the National Football League, and has more
than the National Basketball Association. It also doesn’t necessarily have the performance
enhancing drugs like Major League Baseball does. It’s why I picked the National Hockey
League for this paper. When something happens, it’s a pretty big deal. People deeply critique
the NHL whenever there is something that breaks the personal conduct policy, on the ice or off
of it. Whether it’s an illegal hit on the ice, or a player doing something illegal off the ice, the
NHL conduct policy is a great case study.
The NHL conduct policy can be found in the current collective bargaining agreement,
which was unanimously ratified by the NHL owners on January 10, 2013 (Russo, 2013) and by
the players and NHLPA two days later on January 12, 2013 (NHLPA Staff, 2013). The conduct
policy itself is two articles, articles 18 and 18-A. The two articles are somewhat similar, but the
on-ice dealings are more in depth and used than the off-ice dealings. Fans of the NHL might not
be aware, but Article 18 is used whenever a player gets fined or suspended. It’s also one of the
most important parts of the CBA, even though many wouldn’t think of it in that way.
Article 18 deals with supplementary discipline for on-ice conduct and activities, and is
the most common conduct policy used in the NHL, as on-ice violations happen often. This
article includes 21 subsections, which include things such as evidence, fines, decision of the
league, appeals, public comment, and criminal investigation. An example of how these articles
are written can be found in article 18.10, Timing of Suspensions, states, “Whenever possible,
suspensions for Supplementary Discipline for On-Ice Conduct will take effect beginning with the
game immediately following the game in which the incident giving rise to the suspension
occurred. As a general matter, a Player who is suspended shall serve a specific number of
PERSONAL CONDUCT POLICIES IN THE NHL 4
games” (Article 18.10, NHL CBA, 2013). This article means that the NHL will move promptly
to make sure that any incident is dealt with, wasting no time.
Articles 18.12 and 18.13 are two of the more interesting subsections. Article 18.12 deals
with appealing on ice suspensions to the commissioner. According to this article, the NHLPA
may file an appeal on behalf of the player, and that “The Commissioner shall endeavor to hear all
appeals on an expedited basis and will determine whether the decision was supported by clear
and convincing evidence. In the event the League's underlying decision results in a suspension of
five (5) NHL Games or less, the Commissioner shall determine in his sole discretion whether any
type of hearing is required related to such review, and if he determines such a hearing is
required, whether to hold a telephonic or in-person hearing” (Article 18.12, NHL CBA, 2013).
Article 18.13, on the other hand, gives the NHLPA and player the chance to appeal the
commissioners ruling if it is more than 6 games. Much like Article 18.12, the neutral discipline
arbitrator (NDA), will work at an expedited basis. The NDA will also have access to all
evidence, and any new evidence that the commissioner may not have had access to (Article
18.13, NHL CBA, 2013). When it comes to the original ruling “The NDA shall have full
remedial authority in respect of the matter should he/she determine that the Commissioner's
decision was not supported by substantial evidence” (Article 18.13, NHL CBA, 2013). Finally,
the NDA’s decision will be the last ruling, and is not eligible for appeal (Article 18.13, NHL
CBA, 2013).
Article 18-A is the conduct policy that will be focused on the most. This article is about
commissioner discipline for off-ice conduct. This article has 6 subsections, including
commissioner authority to impose discipline for off-ice conduct, appeal from commissioner
determination, and criminal investigation. Article 18-A.2 goes over the commissioner’s
PERSONAL CONDUCT POLICIES IN THE NHL 5
authority to impose discipline for any off-ice conduct. The article states, “Whenever the
Commissioner determines that a Player has violated a League Rule applicable to Players (other
than Playing Rules subjecting the Player to potential Supplementary Discipline for On-Ice
Conduct), or has been or is guilty of conduct (whether during or outside the playing season) that
is detrimental to or against the welfare of the League or the game of hockey, he may discipline
such Player in any or all of the following respects”, with the respects being indefinite suspension,
termination of the SPC, and imposing a fine that does not exceed the maximum fine under
section 18.7(b) (Article-A.2, NHL CBA, 2013).
The most important subsection is 18-A.3, the procedures for commissioner discipline for
off-ice conduct. This subsection goes over the entire process, from the league investigation to
multiple hearings to prohibition of ex parte contact, which states, “Any League official who is
involved with the "prosecution" of a case will not discuss the case with any League officials
(including, but not limited to, the Commissioner) who are involved in deciding the case” (Article
18-A.3, NHL CBA, 2013). League investigation is the first part of this subsection. The league
investigation subsection states, “The League agrees to notify the NHLPA immediately upon
deciding to undertake an investigation that may result in Commissioner Discipline for Off-Ice
Conduct” (Article 18-A.3, NHL CBA, 2013). While the league investigates, the final decision is
ultimately up to the commissioner. Article 18-A.4 gives the NHLPA, on behalf of the player, the
right to file an appeal to an impartial arbitrator. This is similar to Article 18.13, which is used
when the NHLPA wants to appeal the commissioner’s decision regarding on-ice violations.
In the NHL, there are multiple ramifications for violating a personal conduct policy. On-
ice violations can result in either a fine or suspension, depending on the severity of the incident.
The NHL looks at an infraction or action and determines if it will either be a telephone hearing,
PERSONAL CONDUCT POLICIES IN THE NHL 6
or in-person hearing. According to the NHL CBA, telephone hearings mean that the player will
either be fined, or suspended for any amount of games up to 5. An in-person hearing tends to be
used in more serious on-ice infractions or antics, or for players with a history of predatory
actions. In-person hearings bring a suspension of at least 6 games (NHL CBA, 2015), but
usually end up going above the 6 game minimum. The NHL has had multiple examples of on-
ice infractions or actions leading to noteworthy suspensions and fines.
The Todd Bertuzzi/Steve More incident is the most known on-ice infraction in recent
memory. Bertuzzi sucked punched Steve Moore from behind as retaliation from a hit that Moore
committed earlier in the season. On March 11, 2004, the NHL suspended Bertuzzi for the rest of
the season and playoffs, while also fining the Vancouver Canucks $250,000 (The Canadian
Press, 2014). This is an extreme case, one which Moore eventually brought to court, but there
are multiple examples of on-ice violations. A recent one was Andrew Shaw, then playing for the
Chicago Blackhawks, being caught using a homophobic slur during a game. Shaw was fined
$5,000 and suspended one playoff game for using the language during a series against the St.
Louis Blues (Kloke, 2016). The NHL were allowed to impose these ramifications according to
Article 18.1, which states, “Supplementary Discipline for On-Ice Conduct" means any
supplementary discipline imposed by the Commissioner or his designee for Player conduct either
on the ice or in the Player or penalty bench areas vis-à-vis other participants in the game (i.e.,
other Players, coaches or on-ice officials) in violation of the League Playing Rules” (Article
18.1, NHL CBA, 2013). Shaw wouldn’t appeal the decision of the league, which is allowed
under Article 18. While there are multiple on-ice cases, these two are ones that were widely
known and discussed among the sports community.
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Off-ice violations tend to bring harsher punishments than on-ice violations, as they tend
to involve a criminal activity or charge. As stated previously, any player who commits an off-
ice act that is deemed worthy can be suspended indefinitely, be fined, or have their SPC
terminated. One of the biggest things about violation of the off-ice personal conduct policy is
that it harms the reputation of the league. This is brought up in Article 18-A.5, which states,
“The League may suspend the Player pending the League's formal review and disposition of the
matter where the failure to suspend the Player during this period would create a substantial risk
of material harm to the legitimate interests and/or reputation of the League” (Article 18-A.5,
NHL CBA, 2013). This is obviously up to interpretation, as some players and cases (which will
be brought up later) aren’t subjected to any of the punishments. There are however, recent cases
that caused either suspension or termination of contract.
On October 20, 2014, Los Angeles Kings defenseman Vyacheslav “Slava” Voynov was
arrested on misdemeanor domestic violence charges, and was immediately suspended by the
NHL (Halford & O’Brien, 2014). The NHL was under pressure to do the right thing in this
situation, as they previously did nothing when Colorado Avalanche goaltender Semyon
Varlamov was under investigation for alleged domestic violence incidents (Strang, 2014). The
Kings were also under scrutiny during this situation. The King’s tried to circumvent the
suspension by letting Voynov practice, and were fined $100,000 by the NHL (Petchesky, 2014).
Voynov would end up going through a roller coaster ride of a legal battle. He originally said that
he was innocent, pleading not guilty to the domestic violence charges filed against him (Fenno,
2014). His legal troubles would not go away, and Voynov would end up pleading no contest to
domestic violence in July of 2015. This plea would land him 90 days in jail (Altman, 2015).
Voynov’s contract was terminated, and he would leave the NHL and United States for good,
PERSONAL CONDUCT POLICIES IN THE NHL 8
returning to the Kontinental Hockey League and his home country, Russia. This case would end
up with two ramifications for breaking the personal conduct policy. The NHL suspended
Voynov indefinitely, and after the legal trial was finished and Voynov was punished, would
terminate his contract. The NHL handled this situation very well, even punishing the Kings for
trying to circumvent the league’s sanctions and punishments.
The Kings would end up being in another situation where the personal conduct policy
was broken. In June of 2015, forward Mike Richards had his contract terminated by the Kings
and the NHL (Cooper, 2015). The Kings wouldn’t talk about the reasoning, but it was
speculated that something happened at the US/Canadian border which caused the termination.
Eventually, it came out that Richards was caught possessing oxycodone while attempting to enter
Canada (Wyshynski, 2015). The decision to terminate the contract right away was criticized by
many, as the Kings were unhappy with Richards’ performance on the ice. Many saw this as the
Kings taking advantage of something major instead of offering to help Richards. At the point of
the termination, Richards wasn’t charged with anything. Richards was eventually charged by the
Manitoba RCMP with Possession of a Controlled Substance while entering Canada (Wyshynski,
2015). This case is also a good example of player associations using what they bargained for to
help their players. The NHLPA filed a grievance against the NHL on behalf of Richards
(Service, 2015). It would take a couple of months for this grievance to come back up in the
news. The Kings and Richards reached a settlement that will last until the 2031-32 NHL season
(Clinton, 2015). This case is another great example of how the NHL handles violations of the
personal conduct policy. In this case, one of the ramifications, termination of the SPC, was
brought on immediately.
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The NHL is always under scrutiny by hockey fans. As a huge ice hockey fan, I can
personal attest to this. Whenever a player violates the personal conduct policy, hockey fans look
at the NHL to see what they do. In the Voynov case, the NHL acted swiftly, making sure that
Slava would be suspended, his contract terminated when everything fell into place. But, this was
after the NHL messed up with Semyon Varlamov. This was also around the time the Ray Rice
case was unfolding, and the NFL was under terrible scrutiny. The NHL had to save face in this
situation, because they already messed up, and they had the NFL messing up at the same time.
In the Mike Richards case, the league also acted swiftly, but the facts of the situation made it
seem like the NHL, more importantly the Kings, were doing the wrong thing. The league
reputation is always at stake when things like this happen, but they don’t always do the right
thing. Case in point, the Patrick Kane situation.
Patrick Kane is one of the most dominant players to play since he entered the league in
2007. Kane is a former 1st overall pick, 6 time All-Star, 3 time Stanley Cup champion, Hart
Trophy (MVP) winner, and Conn Smythe (Playoff MVP), among other awards and
achievements. Kane is also no stranger to off-ice legal situations. His sheet is widely known
among hockey fans: beating up a cab driver over a couple of cents, choking a woman at a
fraternity party, and allegedly raping a woman. The last situation is one that really upsets hockey
fans, myself included.
In the summer of 2015, Patrick Kane was accused of sexual assault, and became the
subject of a criminal investigation. Kane was not charged, and the NHL, Chicago Blackhawks,
and Kane himself only released short statements about the situation (Baca, Horng, & D'Onofrio,
2015). The alleged victim and her friend left a bar with Kane and his friend, where he allegedly
followed her into a room and allegedly raped her. She left and immediately went to the hospital
PERSONAL CONDUCT POLICIES IN THE NHL 10
for a rape kit. The case turned into a circus, as many different things happened to destroy her
accusation. One of the biggest things to happen was a fake rape kit that was left at her parents’
door. Her lawyer held a press conference to discuss the situation, and later withdraw from the
case because he didn’t “trust” the mother (Albano, 2015). The most aggravating part was once
training camp started. The Blackhawks held a press conference, which marked Kane’s first
public appearance since the accusation. Kane would answer questions, but nothing that
pertained to the case, and would than leave without any disciplinary action against him (Stinson,
2015). While under a criminal investigation, one that impacted the reputation of the league,
Kane was reporting to training camp and working with the team.
The NHL could’ve suspended him until after the investigation, but they didn’t, and
everything was okay for them as the case was eventually dropped (Stinson, 2015). The entire
thing damaged the league’s reputation. It also didn’t help that Kane would eventually win the
league’s MVP trophy, only aggravating people more. Many sexual assault awareness advocates
spoke out against the entire thing, talking about how the league’s reaction and actions to this case
ended up discouraging current and future victims of sexual assault (Hine, 2015). This wasn’t the
only scenario of people being upset over the Kane situation, and the failure to discipline him for
being involved in a criminal investigation. Many blogs, especially about women’s ice hockey,
talked about how this impacted sexual assault victims and rape culture in general. Melissa
Geschwind, a former hockey writer in Buffalo, was vocal about everything. Geschwind said,
“By essentially refusing to acknowledge the allegations, the NHL was essentially saying one of
two things: Either that the alleged crime wasn't serious enough to warrant mention or that the
accuser was not to be believed” (Hine, 2015). The whole situation was, and still is, a black mark
to many fans, and is one that the NHL would like to forget happened.
PERSONAL CONDUCT POLICIES IN THE NHL 11
There are some other recent cases where the league’s reputation has been questioned and
negatively impacted. In 2015, Buffalo Sabres forward Ryan O’Reilly was arrested and charged
with driving while impaired by alcohol and fleeing the scene of a crime (Gartland, 2015).
O’Reilly had a blood alcohol level over the legal limit with over 80 milligrams in 100 milliliters
of blood (Sims, 2016). O’Reilly faced no discipline for this, and was eventually acquitted in
2016. He would end up being the Sabres Masterson Trophy (player who best exemplifies the
qualities of perseverance, sportsmanship, and dedication to ice hockey) nominee the year after
this incident. Evander Kane, also of the Buffalo Sabres, had legal troubles as well. He was
arrested on misdemeanor trespassing and other lesser charges for an incident in June (Perez,
2016). Like the previous cases, Kane would face no discipline from the NHL. Commissioner
Gary Bettman said in 2014 that the NHL had a proactive about player conduct policy (Leonard,
2014). These cases seem to go against that, and are prime reasons why many NHL and hockey
fans think that these violations negatively impact the league.
I personally like the concept of personal conduct policies in professional sports leagues.
Unfortunately, not every league does a good job of enforcing that. As I’ve stated, the NHL has
had their problems, and it’s no secret that the NFL has had its fair share of problems when it
comes to personal conduct policy. These leagues need to hold their athletes accountable, and
just having a personal conduct policy doesn’t do that. The NHL did the right thing with the
Slava Voynov case, but then lost that goodwill when their handling of the Patrick Kane situation.
Had they held Kane accountable and suspended him until the investigation was over, the whole
thing might’ve been viewed differently. I think that leagues can do a better job of enforcing the
personal conduct policies, but I like what they contain, and think it’s necessary to help stop bad
on and off field behavior.
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As for the future, there are many interesting things that could come up when it comes to
personal conduct policies. Things are constantly changing in sports, especially medically.
Things like medical marijuana are becoming more prominent and accepted, and with the abuse
of prescription painkillers still a problem, could become the go-to painkiller for athletes.
Leagues can handle this in many ways, but I think it could be a big player when it comes to
future personal player conduct policies. The general language of these personal conduct policies
should stay the same, but they need to adapt to the constantly changing world we live in.
Personal conduct policies are important. They show athletes what they cannot do on the
playing surface and off. Athletes know what the punishments are, and collectively bargained for
them. Without these policies, professional sports leagues would have huge legal disasters on
their hands whenever something harmful happened. Yes, these personal conduct policies aren’t
perfect by any means, but they still help enforce the rules on and off the playing surface. When
it comes down to it, personal conduct policies are essential to how professional sports leagues
run and operate on a daily basis. Without them, the leagues and players’ associations would
have bedlam, which isn’t good for anyone involved.
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Bibliography
Albano, A. (2015). Is the NHL Sending the Wrong Message? A Suspension for Patrick Kane
Seems Unlikely (Domestic Violence in Sports Series). Retrieved February 23, 2017,
from http://lawweb2009.law.villanova.edu/sportslaw/?p=3209
Altman, L. (2015, July 02). Kings hockey player Slava Voynov pleads no contest to domestic
violence, gets 90 days in jail. Retrieved February 23, 2017, from
http://www.dailybreeze.com/general-news/20150702/kings-hockey-player-slava-
voynov-pleads-no-contest-to-domestic-violence-gets-90-days-in-jail
Baca, S., Horng, E., & D'Onofrio, J. (2015, September 23). Report: Patrick Kane under rape
investigation in New York. Retrieved February 23, 2017, from
http://abc7chicago.com/news/report-patrick-kane-under-rape-investigation-in-new-
york/906945/
Clinton, J. (2015, October 16). Report: Kings will be paying Mike Richards settlement until
2031-32. Retrieved February 23, 2017, from
http://www.thehockeynews.com/news/article/report-kings-will-be-paying-mike-richards-
settlement-until-2031-32
Collective Bargaining Agreement Between National Hockey League and National Hockey
League Players' Association [PDF]. (n.d.).
Cooper, J. (2015, June 29). LA Kings terminate contract of Mike Richards; legal battle looms.
Retrieved February 23, 2017, from http://sports.yahoo.com/blogs/nhl-puck-daddy/la-
kings-terminate-contract-of-mike-richards--legal-battle-looms-194858267.html
Fenno, N. (2014, December 29). Kings' Slava Voynov pleads not guilty in domestic violence
case. Retrieved February 23, 2017, from http://www.latimes.com/sports/sportsnow/la-
PERSONAL CONDUCT POLICIES IN THE NHL 14
sp-sn-kings-slava-voynov-pleads-not-guilty-20141229-story.html
Gartland, D. (2015, July 14). Ryan O'Reilly charged with impaired driving, leaving accident
scene. Retrieved February 23, 2017, from http://www.si.com/nhl/2015/07/13/ryan-
oreilly-buffalo-sabres-drunk-driving-arrest
Halford, M., & O'Brien, J. (2014, October 20). Updated: Kings’ Voynov arrested for domestic
assault, suspended indefinitely. Retrieved February 23, 2017, from
http://nhl.nbcsports.com/2014/10/20/breaking-kings-voynov-arrested-for-domestic-
assault-suspended-indefinitely/
Hine, C. (2015, November 05). Sexual assault awareness advocates react to Patrick Kane news.
Retrieved February 23, 2017, from
http://www.chicagotribune.com/sports/hockey/blackhawks/ct-kane-victims-advocates-
spt-1106-20151105-story.html
Kloke, J. (2016, April 21). Andrew Shaw's gay slur has wider implications. Retrieved February
21, 2017, from http://www.si.com/nhl/2016/04/21/nhl-players-homophobic-gay-slurs-
andrew-shaw-hockey-culture
Leonard, P. (2014, September 22). NHL commissioner Gary Bettman says league has proactive
personal conduct policy. Retrieved February 23, 2017, from
http://www.nydailynews.com/sports/hockey/nhl-commissioner-gary-bettman-league-
proactive-personal-conduct-policy-article-1.1948609
Perez, A. (2016, July 22). Reports: Evander Kane arrested for June incident at Buffalo bar.
Retrieved February 23, 2017, from
http://www.usatoday.com/story/sports/nhl/2016/07/22/evander-kane-arrested-buffalo-
sabres/87437450/
PERSONAL CONDUCT POLICIES IN THE NHL 15
PERSONAL CONDUCT POLICY 2015 [PDF]. (n.d.). NFL.
Petchesky, B. (2014, December 15). Slava Voynov's Domestic Violence Arrest Was A Bloody
Scene. Retrieved February 23, 2017, from http://deadspin.com/slava-voynovs-domestic-
violence-arrest-was-a-bloody-sce-1671317956
Press, T. C. (2014, August 14). Chronological look at Steve Moore-Todd Bertuzzi case.
Retrieved February 21, 2017, from
http://www.thehockeynews.com/news/article/chronological-look-at-steve-moore-todd-
bertuzzi-case
Russo, M. (2013, January 10). NHL Board of Governors unanimously ratify CBA; players vote
to come. Retrieved February 20, 2017, from http://www.startribune.com/nhl-board-of-
governors-unanimously-ratify-cba-players-vote-to-come/186229061/
Service, W. (2015, August 10). NHLPA files grievance on behalf of Mike Richards over contract
termination. Retrieved February 23, 2017, from
http://www.theglobeandmail.com/sports/hockey/nhlpa-files-grievance-on-behalf-of-
mike-richards-over-contract-termination/article25907665/
Sims, J. (2016, July 11). Sabres' Ryan O'Reilly acquitted of drunk driving charges. Retrieved
February 23, 2017, from http://www.torontosun.com/2016/07/11/ryan-oreilly-found-not-
guilty-for-drunk-driving
Stinson, S. (2015, November 6). NHL should have suspended Patrick Kane amid rape
investigation despite news he won't be charged. Retrieved February 23, 2017, from
http://news.nationalpost.com/sports/nhl/nhl-was-still-wrong-to-let-patrick-kane-play-
amid-rape-investigation-charge-or-no-charge
Strang, K. (2014, October 27). Semyon Varlamov sued by ex. Retrieved February 23, 2017, from
PERSONAL CONDUCT POLICIES IN THE NHL 16
http://www.espn.com/nhl/story/_/id/11773836/semyon-varlamov-sued-civil-case-
stemming-domestic-violence-incidents
Stuff, N. (2013, January 12). PLAYERS VOTE TO RATIFY NEW COLLECTIVE
BARGAINING AGREEMENT WITH NHL OWNERS. Retrieved February 20, 2017,
from http://www.nhlpa.com/news/players-vote-to-ratify-new-collective-bargaining-
agreement-with-nhl-owners