Photo credit Boston Globe
Boston Bruins forward Milan Lucic remains on an indefinite leave of absence from the team following an incident around 1 a.m. in Boston Saturday morning, November 18th, in which the police responded to a call from the player’s wife, Brittany, who told officers, per the portions of the police report that was read into the record at Lucic’s court hearing Tuesday in Boston Municipal Court, that Lucic allegedly yanked her by the hair and threatened to choke her.[1] According to the police report, Lucic had returned home from a night out and became upset when he could not find his phone, believing his wife was hiding it.[2] Officers who responded to the incident noted that Lucic appeared drunk when he answered the door, but was cooperative.[3] Lucic was arrested and arraigned Tuesday on charges of assault and battery against a family or household member. Lucic was released on his own recognizance after a not guilty plea was entered on his behalf.[4] A pretrial hearing, for which Lucic does not have to appear in person, is scheduled for January 19, 2024.[5] If convicted, Lucic faces up to two and a half years in jail and a maximum fine of $5,000.[6] Conditions of his release include a no-abuse order and the stipulation that he refrain from drinking alcohol.[7]
Following his court appearance, Lucic entered the NHL Player Assistance Program, which offers NHL players and their families help dealing with substance abuse, mental health, and other issues.[8]
Players who enter the Players Assistance Program may remain in the program as long as they like, but must be cleared prior to leaving the program and returning to regular activities with their teams. Players are eligible to continue being paid while in the program. The Bruins did not indicate that they intended to waive Lucic prior to his entering the program, and his decision to seek some sort of assistance makes it unlikely that the Bruins will move to terminate his contract prior to the end of the season. Lucic, thirty-five, is on a one-year deal with the team and had been on LTIR since injuring his ankle in a game against the Los Angeles Kings October 21st. He had two assists in four games with the Bruins prior to his injury. Given the drop-off in production and apparent off-ice issues, it seems likely Lucic’s NHL career is over.
The Bruins remained relatively tightlipped about the situation with Lucic, offering statements of support to the entire Lucic family – the couple has three children – while making clear that Milan Lucic will remain on indefinite leave from the team. The Bruins made an initial statement prior to their Saturday game against the Canadians, stating: “The organization takes these matters very seriously, and we will work with the Lucic family to provide any support and assistance they may need.”[9] Bruins head coach Jim Montgomery addressed the situation briefly, reiterating the team’s statement and concluding that, “It’s not a normal day. But we’re professionals, and we have a game to play tonight.”[10] The Bruins beat the Canadians 5-2 Saturday night. The Bruins issued a statement early Tuesday evening addressing Lucic’s entry into the Assistance Program. “The Boston Bruins have been in communication with the Lucic family, offering our support and assistance. The organization is supportive of Milan’s decision to enter the NHL/NHLPA Player Assistance program. He remains on an indefinite leave of absence from the team. With respect to both his ongoing rehabilitation and the legal process, we will have no further comment at this time.”[11]
The NHL, unlike the NFL and MLB, does not have a well-defined, comprehensive policy for dealing with potential domestic violence issues, creating situations in which individual teams respond to situations on an ad hoc basis. The NFL lays out clear parameters, taking into account situations in which an individual has been formally charged with a violent crime or sexual assault, and those in which an internal NFL investigation finds sufficient credible evidence that an apparent violation of league policy has occurred. In both situations, individuals may be put on paid leave until the completion of an NFL investigation or the disposition of a criminal charge.[12] Per league rules: “Violations involving assault, battery, domestic violence or sexual assault will result in a baseline six-game suspension without pay, with more if aggravating factors are present, such as the use of a weapon or a crime against a child. A second offense will result in banishment from the NFL.” A process exists for appeals and for the Commissioner or an independent investigator to impose additional discipline.
MLB’s policy, which is part of comprehensive training around the treatment, intervention, and prevention of domestic abuse situations, allows the Commissioner’s Office to investigate all allegations of domestic violence, sexual assault and child abuse involving members of the baseball community.[13] The Commissioner may place an accused player on paid administrative leave for up to seven days during an initial investigation into allegations, creating a mechanism by which a team in the Bruins situation would have had a clear policy to follow during an internal investigation prior to a potential suspension.[14] MLB players may challenge any decision before an arbitration panel. MLB’s policy does not provide set guidelines for disciplining players – the Commissioner decides on appropriate discipline on a case-by-case basis, with no minimum or maximum penalty under the policy. Players may also take challenges to such decisions to an arbitration panel. A comprehensive, collectively bargained for approach to domestic violence related incidents in the NHL would protect organizations, players, and players’ family members better than the current set up, while providing a legal framework for appeals.
[1] https://www.bostonglobe.com/2023/11/21/sports/facts-we-know-them-right-now-will-leave-bruins-little-choice-cut-ties-with-milan-lucic/.
[2] Id.
[3] Id.
[4] https://www.masslive.com/bruins/2023/11/milan-lucic-will-enter-nhlnhlpa-player-assistance-program.html.
[5] Id.
[6] Id.
[7] Id.
[8] . https://www.bostonglobe.com/2023/11/21/sports/facts-we-know-them-right-now-will-leave-bruins-little-choice-cut-ties-with-milan-lucic/.
[9] https://theathletic.com/5073546/2023/11/20/bruins-milan-lucic-absence/.
[10] Id.
[11] https://www.bostonglobe.com/2023/11/21/sports/facts-we-know-them-right-now-will-leave-bruins-little-choice-cut-ties-with-milan-lucic/.
[12] https://www.cbsnews.com/htdocs/pdf/NFL_domestic_violence_policy.pdf.
[13] https://www.mlb.com/news/mlb-mlbpa-agree-on-domestic-violence-policy/c-144508842.
[14] Id.
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