ARTICLE 18: COMMISSIONER DISCIPLINE
18.1 On-Ice Discipline shall mean any discipline imposed 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 officials). Notwithstanding anything stated in Article 17 (Grievances) hereof, all incidents involving review by the League (i.e., the Commissioner or his designee) for possible disciplinary action will be processed in accordance with Section 18.3 below and Exhibit 8 hereto, as supplemented by the procedures of Section 18.4, where applicable.
18.2 Off-Ice Discipline shall mean any discipline imposed for Player conduct off the ice, which conduct may or may not involve third parties. Disciplinary proceedings for off-ice conduct will be conducted in accordance with the provisions of NHL By-Law 17 and Article 6 of the NHL Constitution, as supplemented by the procedural rules set forth in Section 18.4 below.
18.3 Procedures for Standard On-Ice Discipline. Notwithstanding anything stated in Article 17 (Grievances) hereof, all disputes involving a suspension imposed upon a Player by the Commissioner (or his designee) for conduct on the ice will be processed exclusively as follows unless the procedures of Article 18.4 are applicable:
(a) Maximum fining authority for a Player is $2,500.00.
(b) For the purpose of calculating salary lost due to suspension, the following formula will apply:
(i) for first offenders (first incident requiring supplementary discipline in the form of a game suspension), Player to forfeit one (1) day's Paragraph 1 NHL Salary and Bonuses, but not including Performance Bonuses, for each Regular Season Game lost (1/total number of days in the Regular Season measured from the date of the League's first Regular Season Game to the last, irrespective of the Player's team's schedule);
(ii) for repeat offenders (second or more incidents requiring game suspension), Player to forfeit one (1) NHL Game's Paragraph 1 NHL Salary and Bonuses, but not including Performance Bonuses, for each Regular Season Game lost (1/number of Regular Season Games for each Regular Season Game suspended); and
(iii) Player Salary and Bonuses lost due to suspension will be calculated based on a Player's Averaged Amount, as defined in Article 50 of this Agreement.
(c) Status as a "first" or "repeat" offender shall be re-determined every eighteen (18) months, on a rolling basis, i.e., where a Player does not have another suspension for eighteen (18) months, his next suspension will be treated as a "first" offense.
(d) The League shall not modify or amend the procedures attached as Exhibit 8 without affording the NHLPA a reasonable opportunity to consider the proposed changes and consult with regard thereto.
18.4 Additional Procedures for Commissioner Discipline. The following procedures shall govern in any situation in which the League seeks to impose discipline on a Player for off-ice conduct or seeks to impose discipline for on-ice conduct and will rely on evidence other than or in addition to videotapes of an on-ice incident. These procedures will apply to any proceedings before the Commissioner or his designee pursuant to NHL By-Law 17, Article 6 of the Constitution, and any alleged violation of Playing Rules 72, 76 and any other automatic suspensions assessed pursuant to the operation of NHL Playing Rules.
(a) League Investigation.
(i) The League agrees to notify the NHLPA immediately upon deciding to undertake an investigation that may result in disciplinary proceedings.
(ii) No interview of any Player or Players potentially subject to discipline will take place without first providing notice to the NHLPA that affords a reasonable opportunity for the NHLPA to participate.
(iii) With respect to the interviews of Players who are not potentially subject to discipline, the NHL agrees that no interview of such Players will be conducted without first providing notice to the NHLPA that affords a reasonable opportunity for the NHLPA to participate.
(iv) In any interview of any Player, the NHL will explain the purpose of the inquiry and the potential for discipline.
(v) The NHL agrees to provide the NHLPA with advance notice of any non-Player interviews conducted as part of an investigation and further agrees to make its best efforts to schedule interviews in a manner that will allow the NHLPA to participate. In the event that an interview is conducted without the NHLPA's participation, the NHL agrees to provide the NHLPA with a copy of any notes or other recording relating to the interview.
(vi) A Player shall be afforded a right to apply for a reasonable delay of any interview in order to obtain and consult with individual counsel, and consent to such a request shall not be unreasonably withheld.
(b) Pre-Hearing Disclosures. Prior to the hearing, the League will provide the NHLPA and the Player with a written statement that specifies the factual allegations against the Player and an explanation of why this conduct is alleged to violate the applicable Rule or By-Law. The League shall disclose to the NHLPA and Player all evidence and witnesses (including a summary of their testimony) that the League will present against the Player at the hearing. The NHLPA shall disclose to the League any evidence and witnesses (including a summary of their testimony) that the NHLPA and/or Player intend to introduce at the hearing. Such disclosures shall be provided (absent extraordinary circumstances) by the NHL at least two (2) days prior to the hearing, and by the NHLPA one (1) day following the NHL's disclosures.
(c) Timing of Hearings. Hearings will generally be held with no less than five (5) days notice to the Player and the NHLPA. In unusual cases where there is a compelling need, the League may seek to hold a hearing on an expedited basis. In such cases, an expedited hearing may be scheduled with reasonable notice to the NHLPA and the Player, provided, however, that the hearing may be continued if the NHLPA and/or Player establish that the Player would be prejudiced in the absence of a continuance.
In cases where the League seeks an expedited hearing, the League agrees to provide the disclosures set forth in Article 18.4(b) as soon as such information is available to the League and, in any event, no later than one (1) day prior to the expedited hearing. The League agrees to respond to any NHLPA information requests relating to such hearing on an expedited basis so that the Player has an opportunity to present this evidence at the hearing.
(d) Right to a Hearing. Except with respect to discipline imposed pursuant to the procedures set forth in Sections 18.3 and 18.5, the Commissioner or his designee will not impose discipline without holding a hearing. The NHL, the affected Player's Club, the Player and the NHLPA have the right to participate in this hearing. The NHLPA and the Player have the right to present testimony, evidence and argument in the Player's defense.
(e) Pre-Hearing Statements by the League. The parties recognize that pre-hearing statements by League officials characterizing a Player's conduct create an appearance of partiality and might impact a Player's right to a fair and impartial hearing. The League, Clubs, the NHLPA and the Player agree to limit any statement to an acknowledgement that the situation is under review and will reserve further comment until a hearing is held.
(f) Prohibition on Ex Parte Contact. 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.
18.5 Appeal of Automatic Fine or Suspension Arising from Violation of Playing Rules or Discipline from Violation of Other League Rule or Policy. In any case where an on-ice official declares that a Player has violated one or more Playing Rules that require an automatic suspension as a result, or where a fine has been imposed for violation of a specific League Rule that has been adopted in accordance with the provisions of Article 30, the Player shall be entitled to appeal the discipline imposed. The appeal shall be heard by the Commissioner or his designee and shall be governed by the procedures set forth in this Article.
18.6 Criminal Investigation. A Player subject to League disciplinary proceedings may seek a reasonable delay in such proceedings in order to retain and seek the advice of counsel in the event his conduct is also subject to a criminal investigation by any governmental authority, or in the event of an ongoing civil proceeding where the Player has been named as a defendant.
18.7 Use of Fine Money and Forfeited Salary. Any fines collected from or Paragraph 1 Salary forfeited by Players pursuant to any discipline imposed by the League shall be deposited in the NHL Players' Emergency Assistance Fund.
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