Concussions Proposal To NHL

Concussions and Hits to the Head in the National Hockey League

Executive Summary

The National Hockey League (“NHL”) values the safety of its players. Due to the dramatic increase in the number of head injuries and concussions suffered by NHL players, the league must take action to prevent the dangerous hits that cause these injuries. Currently, the league has rules prohibiting blind-side and lateral hits to the head and retains the right to fine and suspend players who violate this rule. However, league officials have been inconsistent in deciding the level of discipline levied on players for dangerous hits.

This report provides data that shows the dramatic rise in concussions in the NHL over the past 25 years. It analyzes the weaknesses and inefficiencies of the current policy, as well as the pros and cons of the policy instituted by the National Football League (“NFL”) in January of 2011.  Based on this analysis, the report recommends a new policy for supplemental discipline for hits to the head.

The policy includes:

·        Objective suspension scales

·        Loss of player salary

·        Team penalties

·        Video demonstrations

·         

Background

Professional sports have progressed rapidly over the past decade.  Athletes have grown bigger and stronger, while advanced equipment has enabled them to better utilize their skills. However, this improvement has come with a major drawback. Athletes have begun to sustain serious injuries more frequently, often as the result of a collision between these larger and faster-moving players. Most notably, athletes in contact sports, including hockey, have seen a dramatic rise is head injuries and concussions. Researchers have begun to discover more about harmful effects of concussions, and it has become imperative for professional sports leagues to take action to prevent these injuries.
            Concussions result from trauma to the brain, which is caused by direct contact to the head as well as violent jarring or shaking of the head area. They result in various symptoms including nausea, headaches, sensitivity to light, and, in extreme cases, personality changes. Brain injuries are very sensitive and difficult to treat. It is also difficult to determine when the brain has recovered from the injury; therefore the injured athlete is at risk of a setback if he or she attempts to return to action too soon. Even when fully healed, the injured brain has a greater risk of sustaining another concussion in the future. Many athletes have retired from professional sports because of recurring concussions, and many others were forced to miss extended periods of time due to head injuries. Additionally, O’Keeffe (2010) reported that Boston University neuropathologist Dr. Ann McKee found a link between head trauma and amyotrophic lateral sclerosis (“ALS”), a debilitating disease also known as Lou Gehrig’s Disease. Because head injuries can cause such great damage, it is important that the NHL to protect its players from them.

The Problem

There has been a steady rise in head injuries in the NHL over the past 25 years. Solomon, Johnston, and Lovell (2006) studied the NHL concussion rate from 1986 through 1996 and discovered that the number of concussions per season ranged between 7 and 17. Since then, the league has reported an average of 75 concussions per year, as well as a record high of 84 concussions last season. Part of this dramatic increase can be attributed to better reporting and diagnoses of concussions, however, it is likely that more concussions have been sustained as well. Haché (2002) writes that because athletes are getting bigger, they pick up more momentum, and collisions occur with greater force. Rule changes in 2005, which gave players the ability to pick up more speed than ever before, may also have contributed to the rise in head injuries. Violent collisions are a part of hockey, but with these collisions growing more dangerous, the NHL must consider steps to eliminate unsafe and unnecessary hits.

Roarke (2011) reported that 61 percent of concussions sustained through January of the 2010-11 season occurred as a result of contact between two or more players. Although body checking is an integral part of the game, there are ways to check safely, without risking injury to an opposing player. Players who wish to hit safely can target the shoulder or chest of an opponent, as opposed to the head and neck area. Additionally, players can avoid hitting opponents who are in prone positions along the boards and are at greater risk of colliding awkwardly with the protective wall. In general, hits that have resulted in concussions have been unnecessary. Klein (2010) writes that according to a neuropsychologist Dr. Paul Comper, 75 percent of the 270 concussions reported in the NHL between October of 2006 and January of 2010 were sustained by a player who was not possession of the puck at the time of contact. This data supports the claim that most concussions are caused by unnecessary contact, and these many injuries can be avoided without affecting the necessary physical aspect of the game.

In recent years, professional sports leagues have undergone tremendous scrutiny by players, fans and media regarding the treatment and prevention of head injuries. Some leagues, including the NHL, have addressed the treatment issue by requiring concussed players to be thoroughly examined before being allowed to return to action. The prevention issue has been addressed through heightened player awareness and greater discipline for dangerous hits. However, the steps the NHL has taken to prevent concussions have been inadequate. In 2010 the league pledged to increase fines and suspensions for lateral or blind-side hits where the head is the primary point of contact, but did not put a ban on all hits to the head. Despite this change, concussions for the 2010-11 season are still up from the previous year.

The new policy has also created a new problem; the language of the policy is very ambiguous. There has been a lack of consistency in the types of hits that result in suspensions, as well as the length of suspensions imposed for any given violation. This has caused confusion among players, officials and fans, who cannot figure out what types of hits are illegal and what the punishment for these hits are. As a result, supplemental discipline has not been an effective deterrent for dangerous contact, both because of its lack of consistency and severity. The concussion rate has continued to match last year’s record high, and unsafe contact has continued to be a part of the game.

Objectives

In addressing this problem, the NHL should make sure that its policy satisfies three objectives. It should attempt to

1. .   Improve player safety. The players are the most important part of the league, as they are the entertainers who draw the crowds. It is in the best interest of the NHL to protect its assets from harm. If concussions continue to rise, more players will miss games and the product on the ice will suffer. Additionally, young athletes may choose to play a different sport to avoid the risk of head injuries, and that would negatively affect the talent level and entertainment level of the game. The league may also lose fans that are turned off by the numerous injuries, which could cause a decrease in revenue from ticket and merchandise sales.

2.      Hand out consistent discipline. In order for the policy to be effective, the players must know exactly what is illegal and the level of punishment for each illegal hit. If players are not aware of this, they will continue to violate the rules out of ignorance. It is crucial that the players see a causal relationship between specific types of dangerous contact and punishment. Having a consistent policy will also please fans and media who want equality and fairness throughout the league

3.      Maintain the physicality of the game. Although players and fans would be accepting of minor shifts away from the current level of physicality, many do not want to see drastic changes to the game. Players are used to playing a contact sport and while they could learn to adjust to specific rule changes, a total departure from physicality would be very difficult for them to adhere to. In hockey, much of the contact is unavoidable and necessary, and eliminating that would only harm the game. Only dangerous and unnecessary contact should be illegalized and punished.

Research

In deciding the best way to approach the concussion problem, I analyzed how the National Football League (“NFL”) dealt with the rise in concussions. They instituted a new rule in January of 2011, making it illegal to hit a defenseless player is when the initial force of contact is to the head or neck area. The rule was enforced with harsh fines and suspensions. Overall, the change elicited a positive response from players, fans and media. Some players were unhappy with the rule changes, claiming they could not change the way they play at this point in their careers. However, after a short adjustment period, the general consensus among players was that the change was a necessary step.

However, according to data recorded by Fink (2011), there were more concussions on average after the rule change than before it. Part of that can be attributed to the fact that the rule change was implemented mid-season, which gave players little time to adjust. However, the rise in concussions is not necessarily reflective of the success of the changes because the rule only bans hits to a defenseless player, not all players in all situations. It is possible that the rise in concussions came as a result of other legal hits. The most effective way to eliminate concussions would be to ban all contact the head, something that is difficult to implement football, but more possible in hockey.

Recommendations

In order to satisfy the stated objectives, the NHL should ban all hits to the head. According to Panaccio (2011) anything less than a blanket rule will not be successful in preventing concussions. Therefore, any hit to the head, whether it results in an injury or not, should be given at least two-minute minor penalty, and, at the discretion of the referee, a five-minute major penalty and game misconduct. In order to enforce the new policy further, the league should adopt an objective suspension scale to determine the extent of the supplemental discipline levied upon the offending player. The scale would organize hits into three levels, and the commissioner’s office would determine what level the hit in question falls under. The number of games in the suspension would then be determined by a set scale, based on the type of hit and how many times the player committed such an offense. This system would maximize the objectivity and consistency of the suspensions that are handed out.

Incidental Hit

If contact between two players is clearly accidental, even if one player is hit in the head, there will be no supplemental discipline. Seeing as the entire hit was unintentional, any discipline would serve no purpose. The game of hockey is played on a very crowded surface at great speeds so some level of error must be tolerated.

Malicious Hit

The most stringent suspension scale will be imposed when the offending player clearly targets the head area of an opponent. This type of hit is fairly uncommon among most players, but the few players who display such behavior must be harshly punished, as they are a danger to all those around them. A first offense will warrant a 15 game suspension, the second a half-season suspension of 41 games, and the third a full-season suspension of 82 games. In the event of a fourth offense, it would be left to the discretion of the commissioner’s office to suspend the player indefinitely. The players need to be aware that such wanton behavior will not be tolerated in this league.

Gray Area

In the event that a hit cannot be conclusively identified as incidental or malicious, a different suspension scale would be used. This scale would also be used for when a player intentionally initiates contact with another player but accidentally makes contact with his opponent’s head. The first offense will warrant a 3 game suspension, the second an 8 game suspension, and the third a 20 game suspension. In the event of a fourth offense, it would be left to the discretion of the commissioner’s office to suspend the player for up to a year. Historically the NHL has not handed out suspensions for this type of hit; however, the goal of this proposal is to eliminate all unnecessary hits to the head, not just vicious ones. This suspension scale will encourage players to be safe when they engage in physical contact with opponents

Simply suspending players, however, is not enough. Many NHL players have been suspended multiple times in the past, yet continue to play in a fashion that is dangerous to those around them. Stricter measures need to be implemented to assure the rehabilitation of hazardous players. One such measure would be the forfeit of salary. Player salary is spread out evenly over the number of days in the season. The player would forfeit the salary of every day he is suspended for. The money would instead go to a fund that would be set up to assist retired players with long-term head injuries. A monetary loss, in addition to the games missed, would send a stronger message to the players.

The offending player’s team should also be penalized. Normally teams are allowed to carry 23 players on the roster, three of which sit out for any given game. This allows flexibility for teams that want the extra players in case of injuries or favorable matchups. If a player is suspended for a hit to the head, his team would lose his roster spot for the duration of his suspension. The knowledge that dangerous hits can hurt the entire team would discourage players from committing them. Additionally, teams would have less tolerance for players that receive suspensions, and as a result players will find that if they do not play safely, they will have trouble finding employment.

            The implementation of this policy requires education of the players regarding the new rules and types of hits. The commissioner’s office should create a video showing examples of the three levels of hits, as well as examples of legal body checks. The video should be shown to players, coaches, team management, and officiating crews. Coaches should also be required to teach their players the proper way to hit opponents; that contact with the head should be avoided at all costs.

Conclusion

Head injuries are a major problem in all professional sports, including hockey. To protect player safety and fan entertainment, the NHL must take strong steps to discourage hits to the head. By implementing objective penalties for players who engage in unsafe contact with opponents, the league will effectively minimize the number of avoidable concussions. This policy will also avoid confusion among players and fans, in addition to maintaining the safe physical play that the game of hockey includes. Although it will take work for the parties involved to adjust to the new guidelines, it is crucial that the NHL takes this important step in player safety.

References

Fink, D.  (2011, January 20).  NFL concussion report: Championship week.  Retrieved from

http://theconcussionblog.com

Haché, A.  (2002) The physics of hockey.  Maryland: JHU Press

O’Keeffe, M.  (2010, August 17).  Boston University study by Ann McKee finds link between

concussions and Lou Gehrig's disease.  The New York Daily News.

Panaccio, T.  (2011, March 19).  NHL notebook: Headshots should be banned. Retrieved from

http://www.csnphilly.com

Roarke, S.P.  (2011, March 14).  Bettman discusses concussions, player safety.  Retrieved from

http://www.nhl.com

Solomon, G.S., Johnston, K.M., & Lovell, M.R. (2006). The heads-up on sport concussion.

Illinois: Human Kinetics

Klein, J.Z.  (2010, October 19). At the Mayo Clinic: N.H.L. concussions, blow by blow.  The

New York Times