K. GUIDELINES REGARDING NON-SANCTIONED PLAY
USA Hockey and its Affiliates are charged with establishing rules and policies
for the organization, coordination and betterment of hockey, including
developing players, coaches and officials, and managing and minimizing risks
associated with the sport. Examples of recent rules and policies include the
American Development Model (ADM), cross-ice hockey for players 8 and
under, and processes and procedures for expansion of junior hockey programs.
USA Hockey strongly believes in these programs as evidenced by the
overwhelming support they have received across the country, the continuing
growth in membership, and the advances that have resulted and are expected
to result in the development of hockey players in our country.
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Policies
USA Hockey has had inquiries regarding the rights and obligations of USA
Hockey, its various Affiliates and local programs with respect to ice hockey
that is not sanctioned by USA Hockey. To provide guidance to Affiliates and
local programs, USA Hockey, as the National Governing Body for ice hockey
in the United States, provides the guidelines below acting pursuant to USA
Hockey’s authority under the Amateur Sports Act (36 U.S.C. § 220501 et.
seq.).
A. For a game to be sanctioned by USA Hockey, all players, coaches and
officials in the game (“Individual Participants”) must be members of
USA Hockey and the USA Hockey Affiliate with jurisdiction over their
respective geographic area(s). Participating teams must also be members
of the applicable USA Hockey Affiliate.
B. There may be occasional exceptions to the above-stated membership
requirement where in certain limited, special circumstances, USA
Hockey or the applicable USA Hockey District Registrar may provide
a special event sanction for an event where not all participants are
members of USA Hockey (“Special Events”). These Special Events are
occasional and have generally been limited to exhibition games between
USA Hockey teams and High School Federation, prep schools or NCAA
teams, Try Hockey For Free programs, and charity games. The limited
nature of these exemptions is largely due to USA Hockey insurance and
risk management concerns.
C. Any Individual Participant may become a member of USA Hockey.
Membership in or registration with another sanctioning body may not be
used as a basis to deny membership in USA Hockey, its Affiliates or local
programs. Correspondingly, no Individual Participant may be penalized
for participating in a program that is not sanctioned by USA Hockey.
On the other hand, an Individual Participant may be disqualified from
membership for violation of USA Hockey Bylaws, Rules & Regulations
or Policies in accordance with USA Hockey’s Dispute Resolution
Procedures.
D. Affiliates may establish reasonable rules for compliance by such
Affiliate’s member organizations and/or teams seeking membership in or
who are already members of the Affiliate, provided that such rules do not
conflict with the Bylaws, Rules & Regulations, Policies or directives of
USA Hockey.
E. If a team desires to play in a USA Hockey sanctioned game, tournament
or event, then, unless it is sanctioned as a Special Event, the team and
its Individual Participants must be registered with USA Hockey and
the applicable Affiliate. Such registration implies and constitutes the
registrant’s agreement that the team and all of its Individual Participants
will be subject to the Bylaws, Rules & Regulations, Policies and Playing
Rules of USA Hockey and the reasonable requirements of membership
for the applicable Affiliate. The only exceptions to the requirement that
sanctioned games, tournaments and events require that the team and all
Individual Participants be registered with USA Hockey and the applicable
Affiliate, are for Special Events noted above, and circumstances where
the applicable USA Hockey registrar has approved such participation in
writing and in advance (see USA Hockey Rules & Regulations, Section
VIII.B).
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F. Once an organization, team, or Individual Participant becomes a member
of USA Hockey and the applicable Affiliate, that Affiliate may require
that the member organization, team, and all Individual Participants
continue to comply with the reasonable requirements for membership
in the Affiliate. This may include, for example, such rules as coaching
certifications, background screening, equipment requirements, safety
mandates, and other rules, including the ADM and cross-ice hockey, and
such other reasonable requirements of a USA Hockey Affiliate.
G. An Affiliate may enforce a rule that prohibits its member teams from
participating in games or practices that are not sanctioned by USA
Hockey. Unless sanctioned as a Special Event, USA Hockey’s insurance
policies may not be available to cover USA Hockey programs, teams and
Individual Participants when participating in a game or practice among
or against a non-sanctioned team. A parent of a youth hockey player
that has registered with USA Hockey with the expectation of receiving
the benefits of such membership, should not be placed in a situation
where they may be surprised to learn after their child is injured that USA
Hockey insurance is not available because the injury occurred during a
non-sanctioned event.
H. An Affiliate may also enforce a rule that its member organizations must
register all of their teams and players with USA Hockey and the Affiliate.
If an Affiliate has such a rule, a member organization within that Affiliate
cannot register some of its teams with the Affiliate while other teams
in that organization are not registered with the Affiliate. Important
reasons for such a rule are so that neither USA Hockey nor its Affiliates
become liable for activities conducted by a member organization that is
also conducting non-sanctioned events, and to prevent the occurrence of
situations where USA Hockey’s insurance could potentially be asserted
to apply in a non-sanctioned event.
I. Despite the foregoing, if an Affiliate’s member organization or team
desires to play in events or games that are not sanctioned by USA
Hockey, they may seek a Special Event sanction for such game or event,
or they may also do so provided that certain other requirements are met.
A group of Individual Participants from a USA Hockey team playing in
a non-USA Hockey sanctioned event or game must do so as part of a
separate organization (for example, a separately incorporated corporation)
that is sufficiently distinct from the USA Hockey sanctioned program.
The non-sanctioned organization or team(s) should also have a separate
board of directors, the team cannot wear the same uniforms or have
the same team names, and all rink or vendor contracts relating to the
non-sanctioned team(s) or activities must be in the name of the separate
organization rather than the USA Hockey member organization or
team. A sanctioned program should have separate bank accounts from
the non-sanctioned organization. Additionally, sanctioned and nonsanctioned
programs should not be included in the same advertisements
or websites. Distinguishing teams participating in non-sanctioned events
or programs from teams that are members of USA Hockey will help avoid
making USA Hockey, its Affiliates or member organizations liable for
activities conducted in connection with non-sanctioned play; prevent
the occurrence of situations where USA Hockey’s insurance could
potentially be asserted to apply in a non-sanctioned event; and will also
help make Individual Participants (and their parents or guardians) aware
of which games or events are under USA Hockey rules and oversight and
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Policies
are covered by USA Hockey insurance and other benefits. For a violation
of these requirements, the team, coaches, administrators and/or program
may be subject to sanctions as determined by the Affiliate following a
hearing and any appeals provided in USA Hockey Bylaw 10.
J. USA Hockey Rules & Regulations, Section III., provides as follows:
Any youth player (male or female) rostered on a Tier I or Tier II youth or
girls’/women’s team and a Junior Program team as of December 31, can
only play for one team after December 31. Except for players playing
in Tier I or Tier II Junior hockey pursuant to the Youth/Junior Affiliate
Player Policy, if the player plays in a Junior game after December 31,
he/she loses all eligibility on his/her youth or girls’/women’s team for
the remainder of the season, regardless of how many games are played
at the Junior level.
This rule should be applied to any games played at the Tier III Junior
level with any organization. The purpose of this rule is that players
playing on youth teams during the latter half of the playing season should
not also be playing Junior hockey. Further, not having Junior players
participating in Youth national tournaments protects the integrity of the
USA Hockey National Championships. By applying the rule regardless of
the sanctioning body that governs the applicable Junior team, all Tier III
Junior teams are treated equally.
K. Affiliates and officials’ organizations may establish and use reasonable
criteria, rules and procedures for selection and scheduling of officials for
games within their jurisdiction. There are numerous valid reasons why
an Affiliate, officials’ organization or scheduler may select one official
over another for a particular game, league or level of play. For example, an
official’s experience in and availability for USA Hockey in season games
may be a factor to consider in evaluating officials for development or elite
progress, or USA Hockey District or National Tournaments. However,
no USA Hockey official may be penalized, threatened, excluded or made
ineligible for officiating USA Hockey games based on that official being
certified by or officiating games that are not sanctioned by USA Hockey
or are sanctioned by some other entity. Many USA Hockey officials work
games not under USA Hockey’s authority (e.g., NCAA, Canadian Hockey
League, East Coast Hockey League, High School Federation, etc.). To be
sure, an official will not receive the benefits of USA Hockey, including
insurance coverage, supervision, disciplinary processes and enforcement,
etc., while officiating a game not sanctioned by USA Hockey, and that
official is not permitted to wear a USA Hockey crest/patch on their jersey
during a game not sanctioned by USA Hockey. To reiterate, no Affiliate
may, and no Affiliate shall permit an officials’ organization or scheduler
under its control to, punish, threaten, blackball or make any official
ineligible for USA Hockey games, based on the official becoming certified
by another entity or officiating games that are not sanctioned by USA
Hockey. Most hockey programs and officials’ associations endeavor to
consider their officials to be independent contractors; to place restrictions
on officials from officiating non-sanctioned games may place that
independent contractor status at risk, and subject the hockey program or
officials’ association to other liabilities.
L. USA Hockey may amend or supplement these guidelines.
M. For questions related to these guidelines or other rule scenarios, please contact USA Hockey’s General Counsel.