Video Review: UAA Hockey-Fiala

2019-20 Season 

January 23, 2020 

Facts:

RDC has requested a ruling under Article I Section 12 Rule 8.5.5 in relation to a head injury sustained by one of its players, Broedy Donald (#23), which it alleges was caused by UAA’s Cody Fiala (#24) during a January 17, 2020 game. RDC has provided video evidence in support of its allegation. The video footage is attached to this ruling.

RDC has provided medical confirmation that Mr. Donald has sustained a contusion to the forehead, headaches, dizziness and whiplash. RDC advises that although Mr. Donald attempted to return to play on January 18, 2020, he was subsequently removed by RDC medical staff and is reportedly being monitored daily.

The referee assessed a major and game misconduct for a check from behind on the play in question. RDC has asked that the incident be reviewed.

Ruling:

Rule 8.5.5 reads as follows:

8.5.5. Any incident where injury was done to the player’s head can be requested for review by that institution for further suspension without fee regardless of whether it was called or not. If not called, the institution must provide a doctor’s note with diagnosis of injury. That institution is required to provide the league with video evidence of the incident.

I have had the opportunity to review the video footage, which clearly shows Mr. Fiala target Mr. Donald from outside the RDC blue line and make contact with him against the end boards to the side of the RDC net at high speed. The fact that Mr. Fiala began his movement in Mr. Donald’s direction from outside the RDC blue line reinforces the predatory nature of the hit.

I have taken the opportunity to review the video footage with the ACAC Hockey Convenor, the ACAC CEO and the Hockey Alberta Referee in Chief, Craig DeCoursey.

My determination of the appropriate sanction began with a consideration of Hockey Canada Rule 6.4, which calls for an automatic minimum suspension of one (1) game for a check from behind with a major and game misconduct. However, it is notable that Mr. DeCoursey, having reviewed the video footage in detail, is of the view that the appropriate call on the ice

should have been a match penalty for checking from behind. The starting point for a match penalty is a three (3) game suspension with the Commissioner having the discretion to increase the length of the suspension.

Understandably, Mr. DeCoursey’s preference is to defer to calls made by on ice officials, who have the benefit of being present at the time of the incident. I share the same default position. However, in Mr. DeCoursey’s opinion, although he was unable to discern an attempt to injure on Mr. Fiala’s part, he would have called a match penalty based on Mr. Donald’s inability to sufficiently protect himself given the nature of the hit, which satisfies the requirements of Hockey Alberta Rule 6.4(b). Under the circumstances, although I have elected not to impose a match penalty in place of the call made by the referee, Mr. DeCoursey’s opinion is still of assistance in determining the appropriate length of Mr. Fiala’s suspension.

In determining the length of Mr. Fiala’s suspension, the following factors were taken into consideration:

1. I have been provided with clear guidance from the ACAC that hits such as these will not be tolerated by the league and that the consequences in circumstances such as these must be meaningful;
2. The input received from Mr. DeCoursey, the ACAC Hockey Convenor and the ACAC CEO;
3. The length of suspension must be consistent with previous suspensions involving similar actions;
4. The nature of the hit, which involved Mr. Fiala targeting Mr. Donald from outside the blue line and then moving toward impact with significant speed and force;
5. Mr. Donald was in a vulnerable position at the time of impact and was unable to sufficiently protect himself;
6. I have taken into account that Mr. Fiala has not been disciplined thus far in the 2019-20 season; however, it is also relevant that he is a repeat offender within the Conference and has been suspended on multiple occasions for acts of violence, including checks from behind and head contact;
7. Although the full extent of Mr. Donald’s injuries is not yet known, the fact that this incident caused injury is an aggravating factor.

Based on the above, Mr. Fiala is hereby suspended for a total of five (5) games, to be served as follows:

January 18, 2020 vs. RDC (served) 
January 24, 2020 vs. GMU
January 25, 2020 vs GMU 
February 7, 2020 vs. NAIT
February 8, 2020 vs. NAIT

Sincerely,

Bill Hendsbee 
ACAC Commissioner