Recruiting Violation: SAIT Hockey-Hale |
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Commissioner's Rulings
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2017-18 SeasonOctober 27, 2017
Facts:CUE has asked me to investigate a possible technical recruiting violation by SAIT in relation to Estevan Hale, who played for the CUE Men’s Hockey during the 2016-17 season. Mr. Hale is currently a member of the SAIT Men’s Hockey team. According to CUE, during the summer of 2017 Mr. Hale advised the CUE Men’s Hockey coach that CUE was not the right fit for him academically and that he would be looking to move to a school with a program that better suited his academic interests. On September 27, 2017 CUE received a transfer request from SAIT, which was signed and returned by CUE on September 29th. According to CUE, during a text exchange with SAIT’s Bob Murray, Mr. Murray asked whether SAIT had intended to notify CUE about Mr. Hale’s involvement with the SAIT Men’s Hockey team, to which Mr. Murray indicated that he had just found out that Mr. Hale was on campus two days earlier. Both SAIT and Mr. Hale have provided input in relation to CUE’s request for a ruling. According to Mr. Hale, during his end of season meeting with the CUE coach, it was made clear to him that he was not part of CUE’s plans for the 2017-18 season and that if he had other hockey opportunities, he should pursue them. Mr. Hale is insistent that CUE knew that he was looking for a different team to play for during the 2017-18 season and that he advised the CUE coach on June 24 that he would not be returning to CUE. Following his exit interview at CUE, Mr. Hale contacted SAIT Men’s Hockey Coach Dan Olsen. At that time, Mr. Hale advised Coach Olsen that he had been cut by CUE and inquired about playing at SAIT the following season. Later in the summer, Mr. Hale met with Coach Olsen, at which time Coach Olsen explained how walk-on tryouts worked at SAIT. Mr. Hale subsequently walked on at SAIT’s open tryouts in September and made the team. He is adamant that under no circumstances did SAIT recruit him. He says he contacted SAIT because he had been cut by CUE and wanted to return to his hometown of Calgary. Ruling:Article I Section 7 Rule 1 of the ACAC Operating Code states as follows: Recruiting Rules 1.1. Violations: The Recruiting Rules are in place to protect the integrity of the ACAC. Violations of these rules are serious offences. Any ACAC member should bring to the attention of the ACAC President accusations of recruiting violations with supporting documentation. The ACAC President must refer recruiting violations to the ACAC Commissioner who will investigate and report the findings to all ACAC members. An escalating severity of consequences scale is recommended and is to be applied at the discretion of the Commissioner. (Amended November, 2010) In addition, Rule 1.6 states the following: 1.6. Athletes Registered at Another Collegiate Institution: No member of an athletic staff or other delegate of athletic interest shall contact, directly or indirectly, the student of another collegiate institution to discuss the possible attendance of the athlete at their collegiate institution unless that student makes the initial contact with the delegate of the institution. If the above occurs, the following steps shall be followed: 1.6.1. Once the athlete has made initial contact, it is the responsibility of the athletic staff member or delegate to immediately inform the athlete of the process that must be followed (see 1.6.2 below). Should the athlete want more information, the athletic staff or delegate may inform the athlete of application and registration procedures, provide information on the athletic program and answer any questions the athlete may have. ACAC OPERATING CODE Article I Section 7 – RECRUITING Page 35 of 218 1.6.2 At the earliest possible time, the Athletic Director shall officially inform the other institution’s Athletic Director that the athlete has made initial contact and requested information regarding the institution’s athletic program. The AD of the previously-attended institution must be notified by the receiving AD that he/she has received the information. Information on the athletic program and questions answered may then be passed along to the athlete. To be clear, there is no suggestion that SAIT initiated contact with Mr. Hale nor is there a suggestion that SAIT actively recruited Mr. Hale to transfer to SAIT from CUE. However, the facts of this case fall squarely within Rule 1.6 above, which obligated SAIT’s Athletic Director to have contacted CUE at its earliest opportunity after having been contacted by Mr. Hale. Implicit within the rule was Mr. Olsen’s obligation to have informed SAIT’s Athletic Director immediately upon being contacted by Mr. Hale. While it appears that SAIT’s Athletic Director was not aware of Mr. Hale’s status until shortly before the UTF was completed, Rule 1.6 applies equally to the entire SAIT Athletic Department, which includes Coach Olsen, an experienced ACAC coach, who should have known that contact initiated by Mr. Hale should have been immediately reported to SAIT’s Athletic Director. The Operating Code makes no exceptions for instances where athletes have been “cut” or “released” or where an athlete has simply expressed to the new institution that he will not be returning to the old institution. In all cases, the previous institution must be contacted at the earliest possible time. That requirement was not met in this case. Under the circumstances, I am convinced that there was no ill intent on the part of Coach Olsen or SAIT and, fortunately, no negative consequences flowed from this breach of Rule 1.6, given that CUE was already aware that Mr. Hale would not be returning for the 2017-18 season. However, the recruiting rules are in place for very good reasons and care must be taken to ensure that they are complied with in every instance. SAIT is hereby fined $250 in relation to this incident and I strongly recommend that all Athletic Directors ensure that each of their coaches and athletic staff are reminded of the procedures that must be followed when contacted by an athlete from another institution. Sincerely, Bill Hendsbee
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