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Jake Dotchin Reported “Extremely Out Of Shape”

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Just last night, it was reported that Jake Dotchin’s recent termination by the Tampa Bay Lightning for a material breach of contract due to poor conditioning had caught the attention of the NHLPA and players across the league. Many felt that if the Lightning did not have any hard line rules in place regarding fitness, Dotchin’s termination could open a can of worms about teams’ subjective use of a player’s conditioning to cut them from the roster and could become a major bargaining point. However, if the latest news on the situation proves true, the status quo has changed considerably and Tampa Bay will have a much easier time justifying their actions.

Speaking on Sportsnet 650 in Vancouver this evening, Sportsnet insider Elliotte Friedman relayed some new information on Dotchin. Friedman stated that sources told him that Dotchin reported to training camp with a body fat percentage of 25%, which was described as “extremely out of shape” and “way too high for an NHLer”. BMI, or body mass index, is the percentage of an individual’s body that is made up of fat, is a commonly used measure to determine health and physical fitness. The CDC lists a 25% BMI as the beginning of the “overweight” range for adults, which – as Friedman says – is totally unacceptable for a professional hockey player. While the CDC’s BMI formula only takes height and weight into account, which would not be accurate for any athlete weighed down by lean muscle, there are different ways to determine body fat percentage in athletes, procedures that Tampa Bay’s medical team are surely aware of. If these BMI results are indeed true, few could argue that Tampa was out of line to terminate Dotchin.

Again, Dotchin played a full season of hockey last season and didn’t appear to be slowed by poor conditioning. There were also reports that Dotchin has already received ample interest from other teams, though he has yet to sign anywhere. If Dotchin is able to pass a conditioning inspection with another team and return to being a competent NHL player, he would retain a solid case if he choose to file a grievance against the Lightning. However, Tampa Bay now has an equally strong argument that – regardless of Dotchin’s performance with another team – such a high BMI was simply unacceptable to the team and a completely objective decision. It still remains more likely that the two sides come to a resolution on this manner, but this news certainly brings the Lightning’s motivations into a new light.

Jake Dotchin Situation Could Set A Dangerous Precedent

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The situation this past week with former Tampa Bay Lightning defenseman Jake Dotchin is unique unto itself. Rarely, if ever, has a player been released due to conditioning issues. Yet, that is what happened to the 24-year-old Dotchin when he showed up to camp and was deemed so out of shape by the team that they considered it to be a material breach of contract worthy of placing the young blue liner on unconditional waivers and terminating his contract.

However, conditioning is not a defined term in the NHL standard player contract. There are no clauses that dictate a certain body mass index or that demand a player meet certain levels of fitness testing. Instead, the contract only says that players must maintain good health and proper conditioning as determined by the team. The contract does state that a contract may be terminated if the player does “fail, refuse, or neglect to obey the Club’s rules governing training”.

Yet, according to Alex Killorn, the NHLPA representative for the Lightning, who spoke with The Athletic’s Joe Smith, the Lightning do not have any hard line rules governing conditioning and fitness. Killorn cites fitness tests that all players must pass on the Columbus Blue Jackets and Vancouver Canucks and states that some teams do test BMI, but that each team has different benchmarks and procedures. If a clear conditioning mandate is in place, then that is a simple determination of fault in case like Dotchin’s. However, the lack of such rules and a subjective ruling by the team is a slippery slope. What is stopping any team from issuing vague fitness rules or changing their benchmarks for the purpose of deciding that a player they no longer wish to roster is in breach of contract?

To no surprise, this scenario has caught the eye of the players’ association and Dotchin and his agent are likely to file a grievance against the Lightning that would take the case to an independent arbitrator. While, like salary arbitration, going to an independent – and unpredictable – arbitrator can be risky, Dotchin has a strong case. He would only gain more leverage if he was to sign elsewhere before the hearing. Dotchin played in 48 games for Tampa Bay last year and was on the NHL roster all season. Add that to immediately landing with another team and it may be tough for Tampa to argue that he was “materially” out of shape. The Lighting and new GM Julien Brisebois are far too smart to have made this move without thinking it through, but before an arbitrator would they have enough evidence to support a claim that this was an objective, fair decision?

The most likely outcome is a resolution between the two sides that would help to keep this sticky situation from getting more publicity and a decision that is likely to outrage one side or the other. As it stands though, the NHLPA may put the idea of clear, league-wide conditioning rules on the bargaining table for the next Collective Bargaining Agreement. Dotchin’s situation has alerted players around the league to the possibility that a team can simply decide that a player is not fit to play and terminate his contract, if they can twist the rules to do so. That simply won’t stand. This is just the beginning of a new dilemma that will need to be sorted out between the players and teams.

Vegas’ Nate Schmidt Suspended 20 Games For Violating NHL’s Performing Enhancing Substances Policy

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The NHL has suspended Vegas Golden Knights defenseman Nate Schmidt 20 games without pay for violating the terms of the NHL/NHLPA Performing Enhancing Substances Program, according to TSN’s Frank Seravalli.

It is a big blow to the second-year franchise which made history last year after going all the way to the Stanley Cup Finals. Schmidt, a top-four defender, on the team is allowed to attend training camp and practice, but will not be allowed to dress for any preseason games. Once the regular season begins, he will be suspended without pay for 20 games, which will keep him out until Nov. 18, when he would be eligible to play against the Edmonton Oilers. According to Schmidt’s statement, he has already unsuccessfully appealed the ruling. Seravalli adds that the appeal was heard by impartial arbitrator George Nicolau.

ESPN’s Greg Wyshynski adds that there are two other things to keep in mind with the suspension, including that there is usually more evidence besides a failed test, while the league’s policy on substance abuse comes from the World Anti-Doping Agency’s guidelines for the amount of substance necessary to trigger a ban.

While there is no revelation on what drug was in Schmidt’s system (per CBA rules), the defenseman said in a statement that what was found is considered to be so small that it couldn’t possibly had any effect on his play. He goes on in the statement that an expert on environmental contamination that testified on Schmidt’s behalf, described the amount of the substance as seven billionths of a milligram/ML, which is the equivalent of a pinch of salt in an Olympic-sized swimming pool.

“Another expert analyzed a sample of my hair and concluded there was no evidence of intentional use,” Schmidt wrote in the statement. “The Vegas Golden Knights track players’ strength and performance metrics and my results have remained constant over the past year.

Schmidt also wrote he disagreed with the ruling, which will take $482,258.28 in pay away from him.

“While I support having a strong Performance Enhancing Substances Program in place for our sport, it is difficult to accept this suspension. I understand that I will miss these games, but I do not agree with the suspension and I will not accept being labelled a cheater.
“I have worked my whole life to become an NHL player, and I’m extremely proud to be a player in the NHL. I have never cut corners in order to achieve this goal. I am grateful for the support of the entire Golden Knights organization and I can’t put into words how disappointed I am that I will not be on the ice at the beginning of the season to help my teammates work towards another Stanley Cup run.”

The Golden Knights also released a statement defending Schmidt, saying they “strongly disagree” with the ruling.

“We were notified that the NHL has suspended Nate Schmidt for violating the terms of the NHL/NHLPA Performance Enhancing Substances Program. While we respect the NHL/NHLPA Performance Enhancing Substances Program and are committed to its success, we strongly disagree with the suspension. We firmly believe that the presence of a trace of the banned substance was accidental and unintentional. Based on our conversations with Nate, analysis from independent medical experts and sworn testimony from the parties involved, we believe it is clear Nate was not able to reasonably ascertain how the substance entered his body. Nate is an honest person with high moral character and great integrity. We will stand by him and support him during this time.”

This is Schmidt’s first-run in Performing Enhancing Substances Policy. Schmidt, who played for the Washington Capitals for four years before being selected in the expansion draft, finished last season with five goals and 36 points. Because it’s his first offense, he will also have to enter the League’s Substance Abuse/Behavioral Health Program. A second offense would cost him 60 games, while a third will result in a permanent suspension. Schmidt will lose all his salary up until 10 days prior to the conclusion of the suspension. Then, during the final 10 days of his suspension, he will receive 60 percent of his salary, according to CapFriendly.

 

 

Rosters Announced For Rookie Showcase, All-American Prospect Game

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The NHLPA hosts a Rookie Showcase every season for the players recognized as the most likely to make an impact at the NHL level in the near future. Some of these names have already played a few games in the league, but many are still waiting for their first opportunity to suit up as professionals. This group is not a ranking of the top prospects in the league and is missing several names that would be included in such a list. Still, it gives a glimpse at the next generation of NHL stars.

The game will be held on August 26th at Mastercard Center in Toronto, and is used mostly as a marketing tool for some of the league’s young stars. The full roster is as follows:

G Carter Hart (PHI)
G Ilya Samsonov (WSH)

D Evan Bouchard (EDM)
D Daniel Brickley (LAK)
D Travis Dermott (TOR)
D Miro Heiskanen (DAL)
D Timothy Liljegren (TOR)
D Juuso Valimaki (CGY)

F Vitaly Abramov (CBJ)
F Rasmus Asplund (BUF)
F Rudolf Balcers (SJS)
F Drake Batherson (OTT)
F Kieffer Bellows (NYI)
F Henrik Borgstrom (FLA)
F Ryan Donato (BOS)
F Dillon Dube (CGY)
F Adam Gaudette (VAN)
F Jordan Greenway (MIN)
F Jordan Kyrou (STL)
F Casey Mittelstadt (BUF)
F Michael Rasmussen (DET)
F Dylan Sikura (CHI)
F Nick Suzuki (VGK)
F Robert Thomas (STL)
F Gabriel Vilardi (LAK)
F Filip Zadina (DET)

In a different event, the seventh USA Hockey All-American Prospects Game will be held on September 19th at the Xcel Energy Center in St. Paul, Minnesota. 42 US-born players that are eligible for the 2019 NHL Entry Draft will face off, with star center Jack Hughes leading the way. The group this year includes an incredible amount of talent though, and likely will include several future first-round picks. The full roster is below:

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Morning Notes: Gretzky, Tarasenko, Hall

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Wayne Gretzky has been named global ambassador for Kunlun Red Star of the KHL, lending his name to the development of hockey in China. The team will open a Gretzky-named hockey school for children aimed to give the next wave of Chinese hockey players added coaching and opportunity. As the NHL continues to grow its brand around the world, the “Great One” will be a big part of that movement.

This comes before the 2022 Winter Olympics are held in Beijing, a tournament that may or may not have NHL involvement. The league held its players out of the most recent Olympics, but could return to the format if a financial agreement can be worked out. Attending the Olympics is likely going to be a topic in the next CBA negotiations, which could come soon as both the NHL and NHLPA have opt-out clauses next year that could bring a work stoppage in 2020.

  • Vladimir Tarasenko was back in action yesterday, giving hope to the idea that he’ll be ready for the start of the 2018-19 season. Tarasenko injured his shoulder at the end of last season and needed reconstructive surgery, but has been cleared to skate and can even take some contact. The 26-year old sniper will be re-evaluated in September, at which point the St. Louis Blues will know if they’ll have him for opening night. The Blues have brought in several offensive players this offseason, but will still rely on Tarasenko to drive their attack.
  • Chris Ryan of NJ Advance Media spoke to New Jersey Devils owner Josh Harris about upcoming extension negotiations with Taylor Hall, who explained that it was the team’s highest priority. Hall has two years remaining on his current contract meaning an extension can be signed on July 1, 2019 at which point he could become one of the highest-paid forwards in the league. The 26-year old Hall carries just a $6MM cap hit at the moment, is coming off a Hart Trophy-winning season, and has a good shot at leading the Devils back to the playoffs again in 2018-19. The fact that an owner is willing to comment on the situation should give hope to Devils fans that the team will do everything in their power to keep Hall around for many years.

Full 2018 Arbitration Hearing Schedule

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Almost four dozen players decided to file for salary arbitration this summer, and while some of them have already been signed to contracts many others now know when their hearing will take place. The NHLPA released the full schedule of hearings, spread out from July 20th to August 4th.  Remember that players can sign up until an arbitrator awards a contract, including in the short window after the hearing.

July 20

Jacob Trouba – Team filing: $4.0MM, Player filing: $7.0MM. Awarded one-year, $5.5MM contract.

July 23

Brett Kulak – Team filing: $650K, two-way contract, Player filing: $1.15MM, one-way contract. Awarded one-year, $850K contract.

July 24

Brandon Montour – Team filing: $1.5MM, Player filing: $4.5MM Settled before hearing, two years $6.775MM

July 30

Garnet Hathaway – Team filing: $650K, Player filing: $975K Settled before hearing, one-year $850K

August 1

Cody Ceci – Team filing: $3.35MM, Player filing $6.0MM. Awarded one-year, $4.3MM contract.
Gemel Smith – Team filing: two-way contract, Player filing: $900K. Awarded one-year one-way, $720K contract.

August 3

Mark Stone – Team filing: $5.0MM, Player filing $9.0MM Settled before hearing, one-year, $7.35MM

August 4

William Karlsson – Team filing: $3.5MM, Player filing $6.5MM

Behind The Scenes Of The Jacob Trouba Arbitration Case

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Arbitration cases rarely go through the hearing stage in the NHL, so for Jacob Trouba and the Winnipeg Jets to have reached this point in their negotiations – on the first scheduled day of hearing dates no less – is a major surprise. TSN’s Sara Orlesky reports that the two sides did in fact sit down for their hearing with the arbitrator and that a decision will be handed down in the next 48 hours. The Jets and Trouba have until that decision is made to agree to a deal on their own terms, likely a long-term extension, otherwise they will be stuck with a one-year deal and have to go through the process once again next summer.

So what exactly did it look like in the hearing today? Likely not what many would think. While the player and team are present during presentations to the arbitrator, neither team executives nor the player’s representation are in charge of arguing the case. The NHL Players’ Association handles the player side, while the teams use one of three lawyers to present their side: Dan Rabinowitz and Andre Nowakowski of Miller-Thomson in Toronto or Andre Lepage of BFC in Montreal. Each side makes their case based on briefs that they have previously filed to both the opposing side and the arbitrator, bringing in exhibits to support their arguments as well. The briefs contain the salary figures sought; the Jets reportedly filed at $4MM and Trouba at $7MM. It is a wide spread for the abitrator to consider and he may decide at or in between those figures.

What is the content of the arguments? Also somewhat contrary to what one may think, the two sides spend little time actually arguing the merits of the player, at least in absolute terms. The backbone of a salary arbitration case is the comparable players. For Trouba, the NHLPA would generally have comparable players that make $7MM or more to show that their filing number is fair, while the team reps will use comparable players around $4MM or less to prove their value. Each side will identify strengths or weaknesses to the player and find comparables that they can use to strengthen those points. The use of concrete search criteria to choose comparable players is key and often results in both sides tweaking their criteria ever so much that it includes only player who benefit their case. There are also rules regarding the players used: they must be current contracts, they must be recent contracts, and they must be contracts signed by a player who was or would have been an arbitration-eligible restricted free agent. Any deviation from this criteria would seriously injure the persuasiveness of the use of that comparable player. Other things that cannot be considered are off-ice behavior, even including something like Trouba’s previous contract holdout, or the team’s salary cap or roster depth status, which the Jets wish they could use in this case.

So who might be comparables in the Trouba case? The filing numbers for both sides suggest that there could be a wide range of possibilities. Using only the most basic metrics – games played and points-per-game – players like Justin Schultz, Colton Parayko, and Tyson Barrie lie right in the middle of the two values at $5.5MM and either side might struggle to use them effectively. Unfortunately for the NHLPA, those appear to be their best options. The case for any might be percentage of the salary cap rather than actual salary, given the major jump this off-season. Players like Torey Krug, Jared Spurgeon, Sami Vatanen and Dmitry Orlov would favor the Jets slightly more, but their home run option is likely a player like David Savard at $4.25MM.

After all the comparables have been presented, arguments have been made, and rebuttals and closing comments have been heard, the arbitrator will take his time to make the decision on just how much Trouba is worth based on everything he has witnessed. During that time, the two sides – who have also been enlightened to some extent – also come back together and talk contract terms. In recent years, hearings have more often than not led to independent agreements and not official decisions. Will it be the same for Jacob Trouba and the Winnipeg Jets? We will know soon enough.

Bettman And Daly Discuss Expansion, Salary Cap, Playoffs And More In State Of The League Address

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NHL Commissioner Gary Bettman and Deputy Commissioner Bill Daly spoke with the media today ahead of Game One of the Stanley Cup Final to address ongoing league issues. The pair answered questions for close to an hour combined and touched on many of the most important issues facing the NHL currently:

  • Bettman clarified the situation regarding Seattle and the next round of expansion in the NHL. He began by shooting down rumors that the Board of Governors would vote on Seattle’s expansion bid at next month’s meeting. Instead, Bettman offered meetings in September or December of this year as the likely voting date. Bettman stressed that there was never any timetable for this round of expansion, so there is no delay in evaluating Seattle’s situation, but instead said that “the train just hasn’t arrived at the station on time.” However, Bettman did add that there has been “no pushback whatsoever” from the owners on adding another team and using the same Expansion Draft rules that Vegas received, so it seems that the plan to add Seattle is full steam ahead.
  • Daly addressed the expansion possibilities in Houston, stating that there have been conversations with the new owner of the NBA’s Houston Rockets, Tilman Fertitta, about potential interest. Daly admits that Fertitta is interested and did not seem to care whether a Houston team would be added through expansion or relocation. However, Daly does not believe that any such move to Houston is imminent, as the Rockets ownership group is still adjusting to owning one team, nevertheless already looking to add another.
  • In regards to recent comments from Boston Bruins owner Jeremy Jacobs, who stated that the league did not want a team in Quebec City, Bettman refuted the claim and said only that Jacobs was speaking for himself and not all of his fellow owners. It does seem that Quebec City is solidly in third, at best, among potential NHL expansion cities, but Bettman does not want to alienate a key Canadian fan base by agreeing that the league will never return to the city.
  • Bettman also addressed the situation in Ottawa, making it clear that the Senators are not for sale. Bettman stood behind owner Eugene Melnyk, as he has in the past, calling him a “committed owner”. Many Sens fans and other around the league may disagree, but the league currently seems content to let things play out in Ottawa.
  • Both Bettman and Daly confirmed that the league did not suffer an adverse effects from not participating in the Winter Olympics in Pyeongchang, South Korea. The league’s decision was highly criticized by fans, players, and corporate partners alike, but neither Bettman nor Daly expressed any regret. They said that no decision has been made about the 2022 Games in Beijing, China just yet.
  • In fact, the league must have enjoyed a strong season financially, as Daly estimates that the salary cap for the 2018-19 season will fall somewhere between $78MM and $82MM. The midpoint, $80MM, would represent a $5MM increase from this past season. Just that number would be the largest increase in the salary cap limit in a decade. This news, even just as an estimate, could drastically change the landscape of this upcoming off-season.
  • This increased profit also has Bettman optimistically talking collective bargaining. Bettman seemed pleased when discussing league finances and said he was ready to sit down and negotiate a new CBA with the players’ association at any time. The current CBA expires after the 2021-22 season, although both sides may opt out in September of 2019. Bettman seemed hopeful that the NHLPA would be ready to begin negotiations shortly to avoid any future work stoppage.
  • Bettman quickly addressed the recent U.S. Supreme Court ruling on legalized sports betting, saying that the NHL would prefer federal oversight and consistency rather than state-by-state unique betting structures. Unfortunately for him, that is unlikely given the court’s decision.
  • Bettman also briefly mentioned that the league is getting closer to having accurate player and puck tracking data readily available. This would provide a major boost to hockey analytics and player evaluation.
  • Daly added that third jerseys are on their way back to the NHL. Adidas did not make alternate jerseys this year in their first season as the NHL’s supplier, but will have them ready for next year. Daly revealed that nearly a third of the teams will have brand new third jerseys in 2018-19.
  • The most controversial comment of the night came from Daly, who said that the league feels that their current playoff format is the best ever and that no changes are on the horizon. This is totally counter to the general public sentiment this postseason.
  • Seemingly the only major topic that the Commissioner and Deputy Commissioner did not touch on is concussions. Bettman fielded one such question by simply refusing to answer, saying “I’m not going to start another news cycle”. Daly added little more, saying that it’s not Bettman’s opinion, but so far there is not enough evidence from the league’s scientists that CTE and concussions are connected. Maybe that was the most controversial comment…

Goaltender Interference Decisions Staying In Toronto’s Situation Room

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The NHL and NHLPA’s Competition Committee met today in New York, and as Pierre LeBrun of The Athletic and Elliotte Friedman of Sportsnet report, much of their decisions will be to maintain the status quo. Though new chest protectors for goaltenders will be implemented finally, the committee will suggest that goaltender interference reviews will stay in the Toronto Situation Room for next season. LeBrun also mentions that there was plenty of discussion about Rule 48—hits to the head—but doesn’t suggest any potential decisions one way or the other.

Interference calls were a point of huge contention this year, as referees on the ice routinely made a decision that confused coaches and players. The lack of any real consistency was the complaint of most, who just wanted to clearly know what constituted interference on a goal. That debate settled down a bit after the league made an in-season decision to put the power into the hands of those in Toronto, who hired a select group retired officials to be on hand every night.

Hits to the head looks like it will be the next battlefield for the NHL, though it’s unclear who is fighting on which side. Obviously players as a whole would like to see their members suffer fewer concussions, but there doesn’t seem to be a real thirst to reduce the amount of physical play in the league. Owners on the other hand could be forgiven if they want their biggest assets (players) protected, but also don’t want to remove any excitement from the game. It’s not hard to understand why then they would have long discussions but few decisions on the rule, with it likely coming down to a stricter hand by the Department of Player Safety next season. Already we’ve seen the DoPS release videos trying to explain their decision making process more thoroughly, and that should only continue into next season.

NHLPA Announces Finalists For Ted Lindsay Award

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Though the Hart Trophy for league MVP may get more fanfare, the Ted Lindsay Award may be just as impressive. It’s given to the league’s best player as voted by his peers, an ultimate sign of respect in the NHL. This year, the NHLPA has announced that Connor McDavid, Nathan MacKinnon and Taylor Hall are the three finalists for the award.

McDavid is used to this kind of attention, having won the award last season. He beat out Sidney Crosby and Brent Burns after scoring 100 points and winning the Hart and Art Ross. He led the league in scoring again this season with 108 points, and could very well take home the Ten Lindsay for the second consecutive year.

MacKinnon has always been an effective player for the Colorado Avalanche, but the 22-year old exploded for 97 points this season in just 74 games. The first-overall pick from 2013 was an absolute force for his team, dragging them into the playoffs just a year after finishing last in the entire NHL.

For Hall, a nomination of this magnitude is something of sweet redemption after he was traded from the Edmonton Oilers two years ago. Seen as a perimeter player on his former club, he was sent to New Jersey in exchange for Adam Larsson and admittedly struggled with the disappointment in his first season in the East. This year, he shook off any rust and threw the whole of the Devils offensive attack on his back. With 93 points he set or matched career-highs in almost every category, and outscored the next highest Devil (Nico Hischier) by 41 points.

Amazingly there were other incredible seasons that won’t even be given the distinction of a finalist for the award. Claude Giroux and Nikita Kucherov both broke the 100-point plateau for the first time in their careers, while three Pittsburgh Penguins—Evgeni Malkin, Phil Kessel and Crosby—all finished in the top-10 in scoring. Blake Wheeler showed off his versatility by moving from the wing to center for a large chunk of the season, and still finished with a career-high 91 points. Anze Kopitar proved that last year was the anomaly, as he jumped from 12 goals and 52 points in 2016-17 to 35 and 92 this season.

The winner of the Ted Lindsay Award can be especially proud of his performance this year in the face of so many other worthy candidates. We’ll find out who gets to take it home at the NHL Awards event on June 20th.

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