Supplemental Review: SAIT Hockey-John Flatters |
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Commissioner's Rulings
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2018-19 SeasonMarch 20, 2019During a March 15, 2019 game, NAIT Men’s Hockey player Thomas Foster (#11) was injured on a play involving SAIT’s John Flatters (#7). Mr. Flatters received a 2 minute minor and a 10 minute misconduct on the play. NAIT has requested a review of the incident in question pursuant to the following ACAC Operating Code provision: Article I Section 12 Rule 8.5 8.5. Major Penalty for Head Contact (Amended June, 2012/April, 2016) 8.5.5. Any incident where injury was done to the player’s head can be requested for review by that institution for further suspension without fee regardless of whether it was called or not. If not called, the institution must provide a doctor’s note with diagnosis of injury. That institution is required to provide the league with video evidence of the incident. As required by Rule 8.5.5 NAIT has provided medical substantiation that Mr. Foster sustained a concussion as a result of the play in question. NAIT has also provided video footage of the incident, which is attached to this ruling. I have reviewed that footage in detail. NAIT takes the position that Mr. Flatters should, at a minimum, have received a major and game misconduct for a check to the head. Hockey Canada Rule 6.5d deals with head contact. The rule allows the referee to use his discretion to determine between a minor penalty and a major penalty based on the “degree of violence of impact.” In the present case, the referee, who was in good position to make the call, felt that a minor penalty was the correct call. At the time the call was made, the referee was unaware of Mr. Foster’s injury. Had he been aware of the injury, the proper call would have been made under Rule 6.5e, which is worded as follows: “A Major and a Game Misconduct penalty, or a Match penalty shall be assessed to any player who injures an opponent under this Rule.” In my opinion, this offence does not rise to the level of a match penalty. Therefore, the minor and ten minute misconduct is to be replaced by a major and game misconduct, which results in an automatic one (1) game suspension. As SAIT has been eliminated from the playoffs, this game is to be served during the 2019-20 ACAC regular season. To be clear, a portion of Mr. Flatters’ previous suspension for spearing has already been carried over to next year’s season. Therefore, in total, as a result of this offence and the previous spearing suspension, Mr. Flatters is hereby suspended for the first three (3) games of the 2019-20 ACAC regular season. Regards, Bill Hendsbee |