Hockey Canada, CHL settle lawsuit over alleged sexual assault involving WJ players

[BurningSteel]

If charged and convicted anyone's playing career would be toast. Highly unlikely US/CAN would allow cross border travel of a convicted sex offender. That being said first you need criminal charges laid then you need convictions.

[The Cobra]

Originally Posted by curves2000

Just because Joe Public would like to see extreme punishment and millions in contracts voided for alleged offenses 5 years ago, doesn't mean it will happen because of legal risk back to the NHL and their respective teams.

Perhaps an employment lawyer may chime in with a better explanation but unless the player is in violation of their contract, would teams have grounds for termination of the contract for something that MAY have happened prior? (no charges laid)

I'm pretty sure that the standard NHL contract has a morality clause.

I doubt the actual timing of such offences would matter much.

[Strange Brew]

Unfortunately very few teams actually care about the morality part of the clause. Really these clauses should be reimagined as “public outrage” clauses since we have seen time and again that pro sports organizations only care about bad, even illegal, behavior once it becomes public.

Although I will give the Stars credit credit for canning Montgomery a few years ago before his transgressions became public.

[Aarongavey]

Originally Posted by The Cobra

I'm pretty sure that the standard NHL contract has a morality clause.

I doubt the actual timing of such offences would matter much.

Uwe Krupp was suspended without pay for two years for dogsledding, surely being in a room during a sexual assault is worth as much as dog sledding.

[OptimalTates]

Originally Posted by Aarongavey

Uwe Krupp was suspended without pay for two years for dogsledding, surely being in a room during a sexual assault is worth as much as dog sledding.

Wasn’t for Mario Lemieux.

[GioforPM]

Originally Posted by Aarongavey

Uwe Krupp was suspended without pay for two years for dogsledding, surely being in a room during a sexual assault is worth as much as dog sledding.

It may seem nonsensical but competing in other sports is an actual written violation of the terms and conditions, since teams don’t want players to get injured in non-NHL sports activities.

[Aarongavey]

Originally Posted by GioforPM

It may seem nonsensical but competing in other sports is an actual written violation of the terms and conditions, since teams don’t want players to get injured in non-NHL sports activities.

Yes I am aware. There is also a standard clause in the contract 2(e) according to the CBA that states

“The player further agrees to conduct himself on and off the rink according to the highest standards of honesty, morality, fair play and sportsmanship, and to refrain from conduct detrimental to the best interest of the Club, the League or professional hockey generally”

Under section 14(a) they can terminate the contract for material breach.

Question is whether what happened in that room does it fall beneath the highest standards of morality for the teams. If it does they have a pretty good case for termination for material breach.

[Bonded]

If they did try to terminate contracts then I wonder if the NHLPA would step in and defend the player.

[Scroopy Noopers]

Originally Posted by Aarongavey

Yes I am aware. There is also a standard clause in the contract 2(e) according to the CBA that states

“The player further agrees to conduct himself on and off the rink according to the highest standards of honesty, morality, fair play and sportsmanship, and to refrain from conduct detrimental to the best interest of the Club, the League or professional hockey generally”

Under section 14(a) they can terminate the contract for material breach.

Question is whether what happened in that room does it fall beneath the highest standards of morality for the teams. If it does they have a pretty good case for termination for material breach.

Yes we’re aware. So your Krupp example was for nothing?

[Aarongavey]

Originally Posted by Scroopy Noopers

Yes we’re aware. So your Krupp example was for nothing?

My Krupp example was about how they lay the hammer down for dogsledding. There is an equally enforceable clause for sexual assault. It will remain to be seen if dogsledding or sexual assault is worse in the eyes of the NHL and NHL teams.

[Fighting Banana Slug]

Originally Posted by Aarongavey

My Krupp example was about how they lay the hammer down for dogsledding. There is an equally enforceable clause for sexual assault. It will remain to be seen if dogsledding or sexual assault is worse in the eyes of the NHL and NHL teams.

I don't think that is a fair comparison at all. I assume his participation in the dogsledding wasn't in question. The problem with the sexual assault allegations is that there were different levels of activity. Convicted of sexual assault, sure ban them/terminate the contract. Implicated as being in the room? I am not so sure that should lead to the same result. I may be in the minority, but I am not as comfortable with finding those guilty by association. Not so sure the NHL or the NHLPA will be good with that either.

[jar_e]

Originally Posted by GioforPM

It may seem nonsensical but competing in other sports is an actual written violation of the terms and conditions, since teams don’t want players to get injured in non-NHL sports activities.

How do players like Kane (playing in an Edmonton beer league) and Maroon (playing in a roller hockey tourney) get away with it? I’ve always thought the same but then you see stuff like that.

[Bonded]

Originally Posted by jar_e

How do players like Kane (playing in an Edmonton beer league) and Maroon (playing in a roller hockey tourney) get away with it? I’ve always thought the same but then you see stuff like that.

Off season doesn’t apply?

[CroFlames]

Originally Posted by KelVarnsen

Playing in the NHL is a privilege. Sexual assault is a crime. Any and every player that commits sexual assault should be banned for life.

The thing is, the NHL is their job. Are you legally allowed to ban someone from working because of a criminal past?

They have not been convicted of anything (which was a miscarriage of justice IMO), but even if they were, can/should we ban people from working in their field?

[GioforPM]

Originally Posted by jar_e

How do players like Kane (playing in an Edmonton beer league) and Maroon (playing in a roller hockey tourney) get away with it? I’ve always thought the same but then you see stuff like that.

Well it’s the team that suspends, so there’s your answer.

[powderjunkie]

Originally Posted by jar_e

How do players like Kane (playing in an Edmonton beer league) and Maroon (playing in a roller hockey tourney) get away with it? I’ve always thought the same but then you see stuff like that.

They are playing/practicing hockey...

[Aarongavey]

Originally Posted by CroFlames

The thing is, the NHL is their job. Are you legally allowed to ban someone from working because of a criminal past?

They have not been convicted of anything (which was a miscarriage of justice IMO), but even if they were, can/should we ban people from working in their field?

Banning people happens all the time, it is why companies can fire an individual without cause as long as they give them the proper severance. Usually works out to one month for each year served on the high end. Give the boys that and call it a day, 3 or 4 months severance for the 3 or 4 years they played in the NHL is more than good enough, there are other leagues they could play in, they could go to any number of leagues in Europe, head over to Russia to play or play minor pro in the ECHL.

[The Cobra]

Originally Posted by Aarongavey

Banning people happens all the time, it is why companies can fire an individual without cause as long as they give them the proper severance. Usually works out to one month for each year served on the high end. Give the boys that and call it a day, 3 or 4 months severance for the 3 or 4 years they played in the NHL is more than good enough, there are other leagues they could play in, they could go to any number of leagues in Europe, head over to Russia to play or play minor pro in the ECHL.

Except the rights to terminate contracts are covered by the contract.

Your example of severance is only relevant when the contract does not provide for the proper notice without cause.

[PepsiFree]

Originally Posted by CroFlames

The thing is, the NHL is their job. Are you legally allowed to ban someone from working because of a criminal past?

They have not been convicted of anything (which was a miscarriage of justice IMO), but even if they were, can/should we ban people from working in their field?

It’s not banning them from working in their field, though, it’s essentially one employer letting them go and choosing not to re-hire them. There are other leagues, other teams, and other countries they can apply their trade.

Being in the NHL is a privilege and I would not be surprised if most contracts come with clauses that stipulate the type of off-ice conduct that is allowed. Being in the NHL isn’t just about playing hockey, it’s about representing a team, selling jerseys, etc. So, you can definitely see how this would make it tough for a player to live up to their contract.

[Coach]

Originally Posted by CroFlames

The thing is, the NHL is their job. Are you legally allowed to ban someone from working because of a criminal past?

They have not been convicted of anything (which was a miscarriage of justice IMO), but even if they were, can/should we ban people from working in their field?

There are lots of professional hockey leagues world-wide. I'm sure Russia doesn't mind.