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Ice Hockey Penalties

May 27, 2014

After each rules committee of the National Federation of State High School Associations meets, the list of changes is sent to all member state high school associations for advance examination before being finalized and publicized.

Recently, I took special notice of the work of the NFHS Ice Hockey Rules Committee. What caught my attention first was the brevity of its list of rules changes for 2014-15 – just three items. And then I was struck at the stated purpose of each of the three changes: risk minimization.

  • The penalty for a check, cross-check, elbow, charge or trip that causes the opponent to be thrown violently into the boards is no longer a Major or Minor – it’s a Major (five minutes).
  • If a check is flagrant or causes the opponent to crash head-first into the boards, a Major and Misconduct or Game Disqualification penalty must be assessed.
  • The penalty for a push, charge, cross-check or body-check from behind in open ice is no longer a Minor and Misconduct – it’s a Major.

Only three rule changes .. three tougher penalties.
Committee chair Tom Shafranski of Wisconsin commented after the meeting: “In each case, the rule has been strengthened for officials to assess a stronger penalty than in the past – a good strategy for further protection of high school hockey players ... There will likely be traditionalists who don’t agree with the increase in penalty time; however, boarding and checking from behind (even in open ice) are high school hockey’s most dangerous contact situations.”
MHSAA Assistant Director Cody Inglis serves on the NFHS Ice Hockey Rules Committee and supported these changes.

Controlling Authority

September 22, 2017

On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.

At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”

The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.

For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.

The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.