Suspension: MRU Hockey - Eric Galbraith |
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Commissioner's Rulings
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2010-11 SeasonFebruary 23, 2011 Facts: On February 12, 2011 MRU’s Eric Galbraith was assessed a match penalty for a hit that caused serious injury to SAIT’s Joe Babey. I was advised by SAIT on February 15th that Mr. Babey suffered a grade 3 concussion. He has no memory of the incident and will be forced to miss school and hockey for an indefinite period of time. I have been provided with video footage of the hit by SAIT. The footage is taken from a variety of angles and I have found it to be quite helpful in rendering this decision. I have also been provided with extensive statements from SAIT Coach Jim McLean, SAIT Athletics Manager Mark Pretzlaff, MRU Coach Jean LaForest and MRU Athletics Manager Karla Karch. The views of each school regarding this incident are diametrically opposed. Ruling: Article I, Section 13, Rule 9.2 is worded as follows: 9.2.1 A player who has received a match penalty shall normally be assessed a three-game suspension. Based on my review of the video footage of the incident, I have made the following findings:
The question of determining intent after the fact is always particularly challenging. In this case, SAIT feels that Mr. Galbraith deliberately intended to cause injury by violently extending his forearm and making contact with Mr. Babey’s head. MRU counters that there was no such intent to injure. It is impossible to conclusively determine the question of intent. However, it can be inferred from the circumstances. In my opinion, based on the points raised above, there appears to have been no deliberate attempt to injure on the part of Mr. Galbraith. While the extent of Mr. Babey’s injury is very unfortunate, I do not feel that Mr. Galbraith intended to cause injury. I do find, however, that Mr. Galbraith’s right arm made contact with Mr. Babey’s head. Within the context of an open ice hit, Mr. Galbraith had a responsibility to avoid impacting Mr. Babey’s head. It has been made clear in previous rulings that there is zero tolerance for hits to the head, which is the reason the referee imposed a match penalty. The unfortunate severity of Mr. Babey’s injury was likely contributed to by the size disparity between the two players. Mr. Galbraith is listed at 6’4,” 220 lbs. while Mr. Babey is listed at 5’10.” This size disparity made it more likely that Mr. Galbraith’s arm would strike Mr. Babey’s head despite the fact that Mr. Galbraith did not appear to either extend his arm or raise it above chest level prior to hitting Mr. Babey. In determining the appropriate sanction, I note that Mr. Galbraith has no history of suspensions within the Conference. He received 48 penalty minutes in 20 games this season. Also of note, both Hockey Canada and Hockey Alberta impose two (2) game suspensions for hits to the head without deliberate attempt to injure. Based on the above, Mr. Galbraith is hereby suspended for two (2) games. This sanction is consistent with my previous rulings in the Weasel Moccasin, Kemp and Bouchard cases and is in line with both Hockey Canada and Hockey Alberta’s disciplinary guidelines which, although not binding on me, are still helpful. Mr. Galbraith’s suspension is to be served as follows:
Sincerely, Bill Hendsbee |