Eligibility: GMU Hockey-Use of Jr B Player

2018-19 Season

March 1, 2019 

Facts:

I have received a request for a ruling from PC, which alleges that GMU used an ineligible player, goaltender Josh King, during a January 18, 2019 game in which GMU defeated PC 10-0. Mr. King appeared on the game sheet that night, serving as GMU’s backup goaltender.

At the time, Mr. King was a full time student at GMU who had completed all ACAC eligibility requirements.

By way of background, Mr. King approached GMU’s Head Coach, Mike Ringrose, during the Fall of 2018, letting Coach Ringrose know that he was interested in joining the GMU team should a position become available. At that time, Mr. King was a member of the Edmonton Red Wings, a Junior B team governed by Hockey Alberta.

By early January of 2019, GMU had injury issues at the goaltender position and Coach Ringrose approached Mr. King about joining the GMU team. Both Coach Ringrose and Mr. King have indicated that they had discussions with the coach of the Red Wings about releasing Mr. King from that team. GMU submits that the Red Wings coach agreed to release Mr. King on January 4, 2019. Coach Ringrose has provided an undated text stream of his conversation with the Red Wings coach that he says confirms that the Red Wings had agreed to release Mr. King before he participated with GMU on January 18, 2019.

In fact, it appears that Mr. King was not released prior to his participation with GMU as the Red Wings were anticipating a transfer through the Hockey Canada Registry (HCR) system, which did not take place. Mr. King was ultimately released by Hockey Alberta by way of a February 8, 2019 letter. GMU suggests that the release was retroactive to January 4, 2019 but the retroactivity of the release is not evident from the Hockey Alberta letter.

As Mr. King had not been released by the Red Wings by January 18, 2019, Hockey Alberta issued a ruling that found that GMU had used an ineligible player who was “not properly registered with that team (GMU) or properly affiliated with that team (GMU)” and assessed a significant fine against GMU.

At the time Mr. King participated for GMU on January 18, 2019 he was not listed in the HCR. In fact, due to an administrative oversight, no members of the GMU team were listed in the HCR at that time, as required by Article I Section 12 Rule 1.7.7 of the ACAC Operating Code. It should be noted that there has been no suggestion that GMU intentionally circumvented either Hockey Alberta or ACAC rules. Anecdotally, it is my understanding that GMU was not the only ACAC institution whose players were not listed in the HCR during the relevant time period.

PC submits that GMU has breached the ACAC Operating Code by using an ineligible player and that GMU has committed a further breach by not listing its athletes, including Mr. King, in the HCR.

Ruling:

The relevant portions of the ACAC Operating Code are as follows:

1.1. ACAC hockey shall be played under Hockey Canada rules with modifications as follows:

1.1.1. No line change shall be allowed for the team that ices the puck, regardless of what zone the puck is shot down the ice from. (Amended July, 2016)

1.1.2. Time Outs: On any timeout called during the game, both teams are permitted to conduct a line change unless an icing play was the reason for that stoppage. If that is the case, the team icing the puck can’t conduct the line change. (Amended April, 2018)

1.1.3. No line change shall be allowed for the team that shoots the puck over the glass in the defensive zone. (Added July, 2016)

1.1.4. Penalties at Stoppage of Play: When players are penalized at a stoppage of play that results in penalties being placed on the penalty time clock to one team, the ensuing face-off shall be conducted at one of the two face-off spots in the offending team’s end zone. (Amended June, 2012)

1.1.5. Rosters: ACAC teams shall be permitted to have 20 players on their game sheet. (Amended January, 2016)

1.1.6. Insurance: All men’s hockey teams are recommended to opt in to the Canadian Hockey Association’s Supplemental Insurance coverage each season. (Added February, 2015) 1.1.7. All ACAC Men’s Hockey teams must register their players and bench staff with Hockey Alberta prior to their first regular season game (Hockey Canada HCR). This is to ensure appropriate level of Amateur Hockey Sanctioning, minimal insurance coverage with Hockey Canada and liability coverage for staff running the team. (Added January, 2016)

1.1.7. All ACAC Men’s Hockey teams must register their players and bench staff with Hockey Alberta prior to their first regular season game (Hockey Canada HCR). This is to ensure appropriate level of Amateur Hockey Sanctioning, minimal insurance coverage with Hockey Canada and liability coverage for staff running the team. (Added January, 2016)

1.1.8. Student athletes requesting to wear a kirpan while competing in the ACAC will be allowed as Hockey Alberta doesn’t currently have a policy regarding this item. (Added July, 2018)

GMU acknowledges that it made an administrative error by not properly listing its players in the HCR, as required by Rule 1.7.7 (although I am advised that GMU has since rectified this omission and that the GMU team, but not its individual players, was listed in the HCR prior to January 18, 2019). However, the Operating Code provides no sanctions for a violation of Rule 1.7.7. Should the ACAC Council feel that specific sanctions are warranted for breaches of Rule 1.1.7, I request that it make the appropriate changes to the Operating Code. In the absence of direction from ACAC Council, I am not in a position to sanction GMU for its unintentional oversight in not registering its players in the HCR.

In dealing with Mr. King’s eligibility as of January 18, 2019, I would like to point out that there is a clear distinction between Mr. King’s eligibility in the eyes of Hockey Alberta and his ACAC Eligibility. As stated above, Mr. King satisfied all ACAC eligibility requirements as of January 18, 2019. Mr. King’s eligibility with Hockey Alberta is a separate issue and the ruling issued by Hockey Alberta against GMU does not affect Mr. King’s ACAC eligibility. While Rule 1.1 above indicates that ACAC hockey is to be played under Hockey Canada rules with modifications, I do not interpret that rule such that Hockey Canada eligibility rules supersede those of the ACAC as such an interpretation would fail to take into account the unique issues associated with a post-secondary conference such as the ACAC.

PC’s request, in effect, asks me to enforce a combination of Hockey Alberta and ACAC rules. To be clear, the Hockey Alberta rule violation has been concluded and that violation forms no part of my ruling. I am not in a position, nor would it be appropriate, to sanction GMU in that regard. As stated above, I am limited to operating within the confines of the ACAC Operating Code.

In conclusion, Hockey Alberta has ruled that Mr. King’s release was not duly executed prior to his ACAC participation on January 18, 2019 and has sanctioned GMU accordingly. Hockey Alberta subsequently granted Mr. King’s release from his previous affiliation and has approved his transfer to GMU. Furthermore, there has been no breach of the ACAC eligibility rules contained in Article I Section 5 of the Operating Code. Finally, once GMU became aware of its failure to conform with Rule 1.7.7, that omission was quickly rectified. Without a clear corresponding sanction for this violation identified in the Operating Code, I am not in a prepared to penalize GMU for its oversight in relation to the HCR.

Sincerely,

Bill Hendsbee 
ACAC Commissioner