personal conduct policies paper

PERSONAL CONDUCT POLICIES IN THE NHL 1

Personal Conduct Policies in the NHL

Nicholas Breitenstine

Drexel University


Personal conduct policies are a huge part of any workplace agreement, but especially in

sports. Each workplace has a personal conduct policy, but some are more in-depth than others.

Personal conduct policies show employees, and in the sports world, athletes, what they can

expect if they do something that is deemed bad or against said policy. It’s an important thing

that professional sports teams need. Without, players would have no idea what to expect if they

did break the rules, whether it be on or off the field. Most professional league personal conduct

polices are found in the respective league’s collective bargaining agreement. Not all of these are

the same, however. The National Basketball Association has a conduct and discipline section of

their CBA, which mostly deals with on-court activities. The National Football League on the

other hand has club and commissioner discipline in their CBA. Personal conduct policies are

essential to the leagues and how they are viewed by the masses.

At the core, conduct policies are collectively bargained by the players and owners, and

are legal. An example is the NFL personal conduct policy. The policy states that “To ensure

that this policy remains current and consistent with best practices and evolving legal and social

standards, the Commissioner has named a Conduct Committee. This committee will be made up

of NFL owners, who will review this policy at least annually and recommend any appropriate

changes in the policy, including investigatory practices, disciplinary levels or procedures, or

service components” (Personal Conduct Policy, Conduct Committee, 2015). The committee will

also receive regular reports disciplinary officers, seek the advice of former and current players,

as well as experts regarding the best practices in academic, public, and business sectors to make

sure that everything remains up to legal standards (Personal Conduct Policy, Conduct

Committee, 2015). The NFL is a great example of making sure that the conduct policy is legal,

covering all their bases through many different means.


The National Hockey League is an interesting league when it comes to person conduct. It

doesn’t have the volume of off-ice/field cases like the National Football League, and has more

than the National Basketball Association. It also doesn’t necessarily have the performance

enhancing drugs like Major League Baseball does. It’s why I picked the National Hockey

League for this paper. When something happens, it’s a pretty big deal. People deeply critique

the NHL whenever there is something that breaks the personal conduct policy, on the ice or off

of it. Whether it’s an illegal hit on the ice, or a player doing something illegal off the ice, the

NHL conduct policy is a great case study.

The NHL conduct policy can be found in the current collective bargaining agreement,

which was unanimously ratified by the NHL owners on January 10, 2013 (Russo, 2013) and by

the players and NHLPA two days later on January 12, 2013 (NHLPA Staff, 2013). The conduct

policy itself is two articles, articles 18 and 18-A. The two articles are somewhat similar, but the

on-ice dealings are more in depth and used than the off-ice dealings. Fans of the NHL might not

be aware, but Article 18 is used whenever a player gets fined or suspended. It’s also one of the

most important parts of the CBA, even though many wouldn’t think of it in that way.

Article 18 deals with supplementary discipline for on-ice conduct and activities, and is

the most common conduct policy used in the NHL, as on-ice violations happen often. This

article includes 21 subsections, which include things such as evidence, fines, decision of the

league, appeals, public comment, and criminal investigation. An example of how these articles

are written can be found in article 18.10, Timing of Suspensions, states, “Whenever possible,

suspensions for Supplementary Discipline for On-Ice Conduct will take effect beginning with the

game immediately following the game in which the incident giving rise to the suspension

occurred. As a general matter, a Player who is suspended shall serve a specific number of


games” (Article 18.10, NHL CBA, 2013). This article means that the NHL will move promptly

to make sure that any incident is dealt with, wasting no time.

Articles 18.12 and 18.13 are two of the more interesting subsections. Article 18.12 deals

with appealing on ice suspensions to the commissioner. According to this article, the NHLPA

may file an appeal on behalf of the player, and that “The Commissioner shall endeavor to hear all

appeals on an expedited basis and will determine whether the decision was supported by clear

and convincing evidence. In the event the League's underlying decision results in a suspension of

five (5) NHL Games or less, the Commissioner shall determine in his sole discretion whether any

type of hearing is required related to such review, and if he determines such a hearing is

required, whether to hold a telephonic or in-person hearing” (Article 18.12, NHL CBA, 2013).

Article 18.13, on the other hand, gives the NHLPA and player the chance to appeal the

commissioners ruling if it is more than 6 games. Much like Article 18.12, the neutral discipline

arbitrator (NDA), will work at an expedited basis. The NDA will also have access to all

evidence, and any new evidence that the commissioner may not have had access to (Article

18.13, NHL CBA, 2013). When it comes to the original ruling “The NDA shall have full

remedial authority in respect of the matter should he/she determine that the Commissioner's

decision was not supported by substantial evidence” (Article 18.13, NHL CBA, 2013). Finally,

the NDA’s decision will be the last ruling, and is not eligible for appeal (Article 18.13, NHL

CBA, 2013).

Article 18-A is the conduct policy that will be focused on the most. This article is about

commissioner discipline for off-ice conduct. This article has 6 subsections, including

commissioner authority to impose discipline for off-ice conduct, appeal from commissioner

determination, and criminal investigation. Article 18-A.2 goes over the commissioner’s


authority to impose discipline for any off-ice conduct. The article states, “Whenever the

Commissioner determines that a Player has violated a League Rule applicable to Players (other

than Playing Rules subjecting the Player to potential Supplementary Discipline for On-Ice

Conduct), or has been or is guilty of conduct (whether during or outside the playing season) that

is detrimental to or against the welfare of the League or the game of hockey, he may discipline

such Player in any or all of the following respects”, with the respects being indefinite suspension,

termination of the SPC, and imposing a fine that does not exceed the maximum fine under

section 18.7(b) (Article-A.2, NHL CBA, 2013).

The most important subsection is 18-A.3, the procedures for commissioner discipline for

off-ice conduct. This subsection goes over the entire process, from the league investigation to

multiple hearings to prohibition of ex parte contact, which states, “Any League official who is

involved with the "prosecution" of a case will not discuss the case with any League officials

(including, but not limited to, the Commissioner) who are involved in deciding the case” (Article

18-A.3, NHL CBA, 2013). League investigation is the first part of this subsection. The league

investigation subsection states, “The League agrees to notify the NHLPA immediately upon

deciding to undertake an investigation that may result in Commissioner Discipline for Off-Ice

Conduct” (Article 18-A.3, NHL CBA, 2013). While the league investigates, the final decision is

ultimately up to the commissioner. Article 18-A.4 gives the NHLPA, on behalf of the player, the

right to file an appeal to an impartial arbitrator. This is similar to Article 18.13, which is used

when the NHLPA wants to appeal the commissioner’s decision regarding on-ice violations.

In the NHL, there are multiple ramifications for violating a personal conduct policy. On-

ice violations can result in either a fine or suspension, depending on the severity of the incident.

The NHL looks at an infraction or action and determines if it will either be a telephone hearing,


or in-person hearing. According to the NHL CBA, telephone hearings mean that the player will

either be fined, or suspended for any amount of games up to 5. An in-person hearing tends to be

used in more serious on-ice infractions or antics, or for players with a history of predatory

actions. In-person hearings bring a suspension of at least 6 games (NHL CBA, 2015), but

usually end up going above the 6 game minimum. The NHL has had multiple examples of on-

ice infractions or actions leading to noteworthy suspensions and fines.

The Todd Bertuzzi/Steve More incident is the most known on-ice infraction in recent

memory. Bertuzzi sucked punched Steve Moore from behind as retaliation from a hit that Moore

committed earlier in the season. On March 11, 2004, the NHL suspended Bertuzzi for the rest of

the season and playoffs, while also fining the Vancouver Canucks $250,000 (The Canadian

Press, 2014). This is an extreme case, one which Moore eventually brought to court, but there

are multiple examples of on-ice violations. A recent one was Andrew Shaw, then playing for the

Chicago Blackhawks, being caught using a homophobic slur during a game. Shaw was fined

$5,000 and suspended one playoff game for using the language during a series against the St.

Louis Blues (Kloke, 2016). The NHL were allowed to impose these ramifications according to

Article 18.1, which states, “Supplementary Discipline for On-Ice Conduct" means any

supplementary discipline imposed by the Commissioner or his designee for Player conduct either

on the ice or in the Player or penalty bench areas vis-à-vis other participants in the game (i.e.,

other Players, coaches or on-ice officials) in violation of the League Playing Rules” (Article

18.1, NHL CBA, 2013). Shaw wouldn’t appeal the decision of the league, which is allowed

under Article 18. While there are multiple on-ice cases, these two are ones that were widely

known and discussed among the sports community.


Off-ice violations tend to bring harsher punishments than on-ice violations, as they tend

to involve a criminal activity or charge. As stated previously, any player who commits an off-

ice act that is deemed worthy can be suspended indefinitely, be fined, or have their SPC

terminated. One of the biggest things about violation of the off-ice personal conduct policy is

that it harms the reputation of the league. This is brought up in Article 18-A.5, which states,

“The League may suspend the Player pending the League's formal review and disposition of the

matter where the failure to suspend the Player during this period would create a substantial risk

of material harm to the legitimate interests and/or reputation of the League” (Article 18-A.5,

NHL CBA, 2013). This is obviously up to interpretation, as some players and cases (which will

be brought up later) aren’t subjected to any of the punishments. There are however, recent cases

that caused either suspension or termination of contract.

On October 20, 2014, Los Angeles Kings defenseman Vyacheslav “Slava” Voynov was

arrested on misdemeanor domestic violence charges, and was immediately suspended by the

NHL (Halford & O’Brien, 2014). The NHL was under pressure to do the right thing in this

situation, as they previously did nothing when Colorado Avalanche goaltender Semyon

Varlamov was under investigation for alleged domestic violence incidents (Strang, 2014). The

Kings were also under scrutiny during this situation. The King’s tried to circumvent the

suspension by letting Voynov practice, and were fined $100,000 by the NHL (Petchesky, 2014).

Voynov would end up going through a roller coaster ride of a legal battle. He originally said that

he was innocent, pleading not guilty to the domestic violence charges filed against him (Fenno,

2014). His legal troubles would not go away, and Voynov would end up pleading no contest to

domestic violence in July of 2015. This plea would land him 90 days in jail (Altman, 2015).

Voynov’s contract was terminated, and he would leave the NHL and United States for good,


returning to the Kontinental Hockey League and his home country, Russia. This case would end

up with two ramifications for breaking the personal conduct policy. The NHL suspended

Voynov indefinitely, and after the legal trial was finished and Voynov was punished, would

terminate his contract. The NHL handled this situation very well, even punishing the Kings for

trying to circumvent the league’s sanctions and punishments.

The Kings would end up being in another situation where the personal conduct policy

was broken. In June of 2015, forward Mike Richards had his contract terminated by the Kings

and the NHL (Cooper, 2015). The Kings wouldn’t talk about the reasoning, but it was

speculated that something happened at the US/Canadian border which caused the termination.

Eventually, it came out that Richards was caught possessing oxycodone while attempting to enter

Canada (Wyshynski, 2015). The decision to terminate the contract right away was criticized by

many, as the Kings were unhappy with Richards’ performance on the ice. Many saw this as the

Kings taking advantage of something major instead of offering to help Richards. At the point of

the termination, Richards wasn’t charged with anything. Richards was eventually charged by the

Manitoba RCMP with Possession of a Controlled Substance while entering Canada (Wyshynski,

2015). This case is also a good example of player associations using what they bargained for to

help their players. The NHLPA filed a grievance against the NHL on behalf of Richards

(Service, 2015). It would take a couple of months for this grievance to come back up in the

news. The Kings and Richards reached a settlement that will last until the 2031-32 NHL season

(Clinton, 2015). This case is another great example of how the NHL handles violations of the

personal conduct policy. In this case, one of the ramifications, termination of the SPC, was

brought on immediately.


The NHL is always under scrutiny by hockey fans. As a huge ice hockey fan, I can

personal attest to this. Whenever a player violates the personal conduct policy, hockey fans look

at the NHL to see what they do. In the Voynov case, the NHL acted swiftly, making sure that

Slava would be suspended, his contract terminated when everything fell into place. But, this was

after the NHL messed up with Semyon Varlamov. This was also around the time the Ray Rice

case was unfolding, and the NFL was under terrible scrutiny. The NHL had to save face in this

situation, because they already messed up, and they had the NFL messing up at the same time.

In the Mike Richards case, the league also acted swiftly, but the facts of the situation made it

seem like the NHL, more importantly the Kings, were doing the wrong thing. The league

reputation is always at stake when things like this happen, but they don’t always do the right

thing. Case in point, the Patrick Kane situation.

Patrick Kane is one of the most dominant players to play since he entered the league in

2007. Kane is a former 1st overall pick, 6 time All-Star, 3 time Stanley Cup champion, Hart

Trophy (MVP) winner, and Conn Smythe (Playoff MVP), among other awards and

achievements. Kane is also no stranger to off-ice legal situations. His sheet is widely known

among hockey fans: beating up a cab driver over a couple of cents, choking a woman at a

fraternity party, and allegedly raping a woman. The last situation is one that really upsets hockey

fans, myself included.

In the summer of 2015, Patrick Kane was accused of sexual assault, and became the

subject of a criminal investigation. Kane was not charged, and the NHL, Chicago Blackhawks,

and Kane himself only released short statements about the situation (Baca, Horng, & D'Onofrio,

2015). The alleged victim and her friend left a bar with Kane and his friend, where he allegedly

followed her into a room and allegedly raped her. She left and immediately went to the hospital


for a rape kit. The case turned into a circus, as many different things happened to destroy her

accusation. One of the biggest things to happen was a fake rape kit that was left at her parents’

door. Her lawyer held a press conference to discuss the situation, and later withdraw from the

case because he didn’t “trust” the mother (Albano, 2015). The most aggravating part was once

training camp started. The Blackhawks held a press conference, which marked Kane’s first

public appearance since the accusation. Kane would answer questions, but nothing that

pertained to the case, and would than leave without any disciplinary action against him (Stinson,

2015). While under a criminal investigation, one that impacted the reputation of the league,

Kane was reporting to training camp and working with the team.

The NHL could’ve suspended him until after the investigation, but they didn’t, and

everything was okay for them as the case was eventually dropped (Stinson, 2015). The entire

thing damaged the league’s reputation. It also didn’t help that Kane would eventually win the

league’s MVP trophy, only aggravating people more. Many sexual assault awareness advocates

spoke out against the entire thing, talking about how the league’s reaction and actions to this case

ended up discouraging current and future victims of sexual assault (Hine, 2015). This wasn’t the

only scenario of people being upset over the Kane situation, and the failure to discipline him for

being involved in a criminal investigation. Many blogs, especially about women’s ice hockey,

talked about how this impacted sexual assault victims and rape culture in general. Melissa

Geschwind, a former hockey writer in Buffalo, was vocal about everything. Geschwind said,

“By essentially refusing to acknowledge the allegations, the NHL was essentially saying one of

two things: Either that the alleged crime wasn't serious enough to warrant mention or that the

accuser was not to be believed” (Hine, 2015). The whole situation was, and still is, a black mark

to many fans, and is one that the NHL would like to forget happened.


There are some other recent cases where the league’s reputation has been questioned and

negatively impacted. In 2015, Buffalo Sabres forward Ryan O’Reilly was arrested and charged

with driving while impaired by alcohol and fleeing the scene of a crime (Gartland, 2015).

O’Reilly had a blood alcohol level over the legal limit with over 80 milligrams in 100 milliliters

of blood (Sims, 2016). O’Reilly faced no discipline for this, and was eventually acquitted in

2016. He would end up being the Sabres Masterson Trophy (player who best exemplifies the

qualities of perseverance, sportsmanship, and dedication to ice hockey) nominee the year after

this incident. Evander Kane, also of the Buffalo Sabres, had legal troubles as well. He was

arrested on misdemeanor trespassing and other lesser charges for an incident in June (Perez,

2016). Like the previous cases, Kane would face no discipline from the NHL. Commissioner

Gary Bettman said in 2014 that the NHL had a proactive about player conduct policy (Leonard,

2014). These cases seem to go against that, and are prime reasons why many NHL and hockey

fans think that these violations negatively impact the league.

I personally like the concept of personal conduct policies in professional sports leagues.

Unfortunately, not every league does a good job of enforcing that. As I’ve stated, the NHL has

had their problems, and it’s no secret that the NFL has had its fair share of problems when it

comes to personal conduct policy. These leagues need to hold their athletes accountable, and

just having a personal conduct policy doesn’t do that. The NHL did the right thing with the

Slava Voynov case, but then lost that goodwill when their handling of the Patrick Kane situation.

Had they held Kane accountable and suspended him until the investigation was over, the whole

thing might’ve been viewed differently. I think that leagues can do a better job of enforcing the

personal conduct policies, but I like what they contain, and think it’s necessary to help stop bad

on and off field behavior.


As for the future, there are many interesting things that could come up when it comes to

personal conduct policies. Things are constantly changing in sports, especially medically.

Things like medical marijuana are becoming more prominent and accepted, and with the abuse

of prescription painkillers still a problem, could become the go-to painkiller for athletes.

Leagues can handle this in many ways, but I think it could be a big player when it comes to

future personal player conduct policies. The general language of these personal conduct policies

should stay the same, but they need to adapt to the constantly changing world we live in.

Personal conduct policies are important. They show athletes what they cannot do on the

playing surface and off. Athletes know what the punishments are, and collectively bargained for

them. Without these policies, professional sports leagues would have huge legal disasters on

their hands whenever something harmful happened. Yes, these personal conduct policies aren’t

perfect by any means, but they still help enforce the rules on and off the playing surface. When

it comes down to it, personal conduct policies are essential to how professional sports leagues

run and operate on a daily basis. Without them, the leagues and players’ associations would

have bedlam, which isn’t good for anyone involved.


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