Suspension: UAA Hockey-Fiala

2018-19 Season

January 17, 2019

UAA Men’s Hockey player Cody Fiala (#24) received a major and game misconduct for a check from behind during a January 11, 2019 game against CUE.

As a result of the check from behind, CUE’s Ben Sowa was injured. CUE has provided a medical note confirming that Mr. Sowa received a concussion and is unable to play until further notice, which appears to be no earlier than two weeks from now.

CUE has requested a review of the incident in question pursuant to the following ACAC Operating Code provisions:

Article III Section 1 Rule 1.4

1.4. Request for Supplemental Ruling/Videotape: An athletic director may submit videotape to the ACAC Commissioner to receive an extraordinary ruling. An infraction must have been called by the game official, a serious act of misconduct have occurred, or a major injury have resulted from the incident. The request including a videotape of the incident, or additional information pertinent to the incident, must be submitted to the ACAC Office within 72 hours of the incident and a $250.00 nonrefundable fee is to be paid. (Amended Oct, 2013)

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.

CUE has also identified Hockey Canada Rule 6.4, worded as follows:

A minor penalty and a game misconduct penalty or a major penalty and a game misconduct penalty at the discretion of the Referee, based on the degree of violence of the impact; shall be assessed any player who intentionally pushes, body checks, or hits an opposing player from behind, anywhere on the ice. If a player is injured, a major penalty and a game misconduct penalty must be assessed. A match penalty could also be assessed under this rule. 

Pursuant to the above rules, I have reviewed video footage of the incident, which is attached to this ruling. CUE takes the position that there was approximately 8‐10 feet between Mr. Fiala and Mr. Sowa by the time Mr. Sowa had his back to Mr. Fiala. Although it is not possible to precisely determine that distance, I must respectfully disagree with CUE’s estimate. That said, it is clear from the video that Mr. Fiala had time to avoid the check once Mr. Sowa’s back was exposed to him.

Based on my review of the video footage, I am not in a position to interfere with the judgment exercised by the on ice official. Accordingly, the call will remain as a major and game misconduct.

Notwithstanding that the call will remain as a major and game misconduct, there has been a clear mandate from the ACAC to remove head contact/head injuries from our league. A major and game misconduct for a check from behind carries an automatic one (1) game suspension as per Hockey Canada Rule 6.4. However, taking into account the ACAC’s desire to eliminate head injuries, the severity of the injury sustained as well as Mr. Fiala’s suspension for spearing earlier this season, it is my view that an additional suspension is warranted under the circumstances. Accordingly, Mr. Fiala is hereby suspended for two (2) games, to be served as follows:

• January 12, 2019 vs. CUE (served)
• January 19, 2019 vs. RDC

Regards,

Bill Hendsbee 
ACAC Commissioner