Publisher's Comment:
First of all, I would like to thank Tim Gmeinweser for providing us
with this letter. It gives our readers insight into the situation
and also clears up any misunderstandings as to why the action was
taken.
The safety of players is a real concern for all people involved
in a hockey game. Coaches, officials, convenors, the players
themselves, and most of all, parents are concerned about safe
play. However, once the contest begins, the rules of the game
do not seem to provide a reasonable way for a coach to make a
judgement call with respect to the safety of his players. This is
obviously a serious issue. The question that it begs is, "Can a
coach be found negligent in a court of law for failing to protect
his players if it is proven that the safety of his players was in
jeopardy?"
On the other hand, if players are seriously injured in a game,
and the referee must defend his handling of the contest, can a judge
rule that the referee was negligent in his duties to enforce the
rules? Or will the judge rule that both the coach and the referee
were equally negligent?
Another thing to consider is whether players are left completely
on their own during the course of a game with respect to safety. If
their safety is in jeopardy, and if the coach and the referee both
fail to do anything to remove players from this inherent danger, is
the responsibility then shifted to the player to remove himself from
the game and leave the ice surface? If so, at what age can a player
be expected to take on this responsibility from his coach? What is
the age of reason in hockey? When does a player have the ability to
realize he is in a dangerous situation?
We are not blaming the other team in this case. The other team
may have been physically more dominant. The rules do not penalize a
player for being stronger than his opponents. But if you find
yourself completely "out of your league" and completely
over matched, what can you do? If you know your players are in
jeopardy, and if you do nothing, are you not being negligent? If the
reason you do nothing is because you do not want to be suspended
from the league for the rest of the year, is that rule going to
protect you from a verdict of negligence if a player is seriously
injured?
These are questions which must be addressed. Safety of players is
not a small responsibility. It is huge! It cannot be taken lightly.
In the meantime, with the rules as they are, the only advice that
makes any sense must be given to referees. In order to protect
yourself from possible charges of negligence, use the the rule book.
When in doubt, penalize. If a player argues, give him a ten minute
misconduct. If a coach complains, explain that it is for his own
good and then give him a game misconduct. Give out enough penalties
and the game will have to be called anyway because of a lack of
players.
I'm not sure if this is the answer, but until the responsibility
for the safety of the players is clearly defined, and unless it is
shared by all parties, the referee is the only one legally in
control according to the rule book. It's no longer worth the risk to
"let the kids play the game" if the game is going to get
violent and there is a question of safety. It won't make for very
exciting games, but it will sure allow the referee to sleep well at
night and to prove that they did everything possible to maintain a
safe environment on the ice.
After The Whistle would like to hear you comments on this matter.
Robert Kirwan
Publisher - After The Whistle