Possible sanctions beyond case for hockey players facing 2018 sex assault charges

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This article was published 31/01/2024 (591 days ago), so information in it may no longer be current.

The five players from Canada’s 2018 world junior hockey team facing sexual assault charges also have the potential to encounter further sanctions regardless of the outcome of their case.

Richard McLaren, an Ontario lawyer who authored a report into Russia’s sports doping at the Olympics, said players could be banned from playing in the NHL due to violating their team’s and the league’s code of conduct.

“There’s a lot of factors,” he said. “It involves the player, their team, the league and the players association when it comes to further repercussions.”

Lawyers for all five players: Alex Formenton, Calgary Flames forward Dillon Dube, Philadelphia Flyers goaltender Carter Hart, New Jersey forward Michael McLeod and Devils defenceman Cal Foote say their clients intend to plead not guilty.

Formenton, a former Ottawa Senator who plays in Switzerland, surrendered to police in London, Ont., on Sunday.

The five players have also been allowed to go on indefinite leave from their pro clubs.

The NHL has conducted its own investigation into the sexual assault allegations, which have not been proven in court.

McLaren says even if the players are acquitted in a criminal court, the code of conduct agreement laid out by the players’ union and pro clubs means they could be banned from playing in the NHL in the future.

“That’s totally possible,” he said.

But they can also continue a playing career, McLaren said, adding that in his opinion it’s unlikely they would be barred from playing in the United States if they’re acquitted.

McLaren said that facts need to be proven and if they aren’t proven to a high enough standard for criminal charges, then civil actions can take place.

“It depends on the league and what it decides to take when it comes to the collective bargaining agreement and the players association,” he said.

That can also mean that a player whose contract expires by season’s end may not get signed by another team while there isn’t a verdict or resolution. Dube, Hart, McLeod and Foote are all free agents following 2023-24.

“Sport doesn’t have to wait for a criminal case to proceed. It’s not in the players’ hands,” said McLaren. “There’s no obligation to renew the contract because the clubs don’t need to take long-term action because the contract ends.”

Tom Mayenknecht, a principal in Emblematica Brand Builders and a former sports executive, said the players’ behaviour and attitude during the court case could have a bearing on any possible future.

“These things depend not only on what the players have been accused of doing and what they could potentially be convicted on, it’s often measured on how they handle it,” he said.

He said the players’ professional clubs will be required to make a decision on whether to continue to employ them while the case remains without a verdict.

Mayenknecht said sports teams and fans can also have a short memory when it comes to a player’s behaviour.

“There are examples of athletes from individual and team sports who have made some horrible errors in judgment and (committed) horrible acts and are not only charged but proven to have done so, and they’ve found ways to get back to a situation where they can operate moving forward and people have forgiven them,” he said.

NHL teams have directed inquiries about the players involved in the case to the league.

The league did not return a request for comment when asked about its role in handling inquiries for teams.

This report by The Canadian Press was first published Jan. 31, 2024.