Rule 46.2

Quote:

46.2 Aggressor The aggressor in an altercation shall be the player who continues to throw punches in an attempt to inflict punishment on his opponent who is in a defenseless position or who is an unwilling combatant. A player must be deemed the aggressor when he has clearly won the fight but he continues throwing and landing punches in a further attempt to inflict punishment and/or injury on his opponent who is no longer in a position to defend himself. A player who is deemed to be the aggressor of an altercation shall be assessed a major penalty for fighting and a game misconduct. A player who is deemed to be the aggressor of an altercation will have this recorded as an aggressor of an altercation for statistical and suspension purposes. A player who is deemed to be both the instigator and aggressor of an altercation shall be assessed an instigating minor penalty, a major penalty for fighting, a ten-minute misconduct (instigator) and a game misconduct penalty (aggressor).

I don't think Nurse qualifies as the "aggressor" according to NHL rule 46.2
It also appears by this rule, that during regular play (<55 minutes) a suspension only applies if you're the aggressor, in ADDITION to being the instigator.
This happened in the last 5 minutes, so different rule, but should factor in the decision to suspend Nurse if the spirit of rule 46.2 (who is the Aggressor) holds any merit with Hockey Ops.


Rule 46.11

Quote:

46.11 Instigator - An instigator of an altercation shall be a player who by his actions or demeanor demonstrates any/some of the following criteria: - distance traveled; - gloves off first; - first punch thrown; - menacing attitude or posture; - verbal instigation or threats; - conduct in retaliation to a prior game (or season) incident; - obvious retribution for a previous incident in the game or season. A player who is deemed to be the instigator of an altercation shall be assessed an instigating minor penalty, a major penalty for fighting and a ten-minute misconduct. If the same player is deemed to be the instigator of a second altercation in the same game, he shall be assessed an instigating minor penalty, a major penalty for fighting and a game misconduct. When a player receives his third instigator penalty in one Regular season, he is automatically given a game misconduct following that third violation. A player who is deemed to be both the instigator and aggressor of an altercation shall be assessed an instigating minor penalty, a major penalty for fighting, a ten-minute misconduct (instigator) and a game misconduct penalty (aggressor). Any request by a Club to have an instigator penalty reviewed and rescinded by the League must follow the same procedure for game misconduct penalties as outlined in 23.2.

This defines the instigator.

- distance traveled; Nurse skates to Hague, but the play was still live.. and even so, what distance qualifies as an instigator? its not like a goalie skating down from the opposite end of the ice..

- gloves off first; Simultaneous Nurse/Hague

- first punch thrown; Hague punches Nurse EIGHT (8) time BEFORE Nurse tosses even ONE (1)


- menacing attitude or posture; Indefinitive.. what does this even mean?

- verbal instigation or threats; Indefinitive.. Both were verbally "threatening" each other all game.. nothing definitive. Hague was even threatening other players like Kane..

- conduct in retaliation to a prior game (or season) incident; Indefinitive.. speculative at best

Based on this definition, I don't think Nurse should have been assessed the "Instigator" in that situation.. in which case the game suspension that is assessed with the Instigator penalty in the last 5 minutes of a game, which everyone in media is quoting, does not apply (Rule 46.12 below).


Rule 46.12

Quote:

46.12 Instigator in Final Five Minutes of Regulation Time (or Anytime in Overtime) - A player who is deemed to be the instigator of an altercation in the final five (5) minutes of regulation time or at any time in overtime shall be assessed an instigator minor penalty, a major penalty for fighting, and a game misconduct penalty, subject to the conditions outlined in 46.22.

Rule 46.21

Quote:

46.21 Fines and Suspensions – Instigator in Final Five Minutes of Regulation Time (or Anytime in Overtime) A player who is deemed to be the instigator of an altercation in the final five (5) minutes of regulation time or at anytime in overtime (see 46.12), shall be suspended for one game, pending a review of the incident. When the one-game suspension is imposed, the Coach shall be fined $10,000 – a fine that will double for each subsequent incident. The suspension shall be served unless, upon review of the incident, the Director of Hockey Operations, at his discretion, deems the incident is not related to the score, previous incidents in the game or prior games, retaliatory in nature, “message sending”, etc. The length of suspension will double for each subsequent offense. This suspension shall be served in addition to any other automatic suspensions a player may incur for an accumulation of three or more instigator penalties. No team appeals will be permitted either verbally or in writing regarding the assessment of this automatic suspension as ALL incidents are reviewed by the Director of Hockey Operations as outlined above.

Based on this, Nurse's instigator status in that incident WILL BE reviewed by Hockey Ops.. and based on the NHL definition of "instigator", a solid case to rescind it, and no suspension.

[Updated on: Thu, 11 May 2023 14:14]

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