The hockey world has been watching closely as the long-running scandal involving five members of Canada’s 2018 World Juniors team is nearing its end. In January 2024, Carter Hart, Michael McLeod, Cal Foote, Dillon Dube, and Alex Formenton were charged in Canada for an alleged 2018 group sexual assault.[1] After years of investigation and court proceedings, trials wrapped up in July 2025 with acquittals for all five players.[2]
Despite the acquittals, the NHL announced that these players would not be able to immediately return to the ice. Instead, the league established a gradual reinstatement process: the five players may sign contracts on October 15 and are eligible to play in games on December 1.[3] The league has framed the delay in eligibility as discipline for conduct that “fell woefully short” of league standards,[4] exemplifying the fact that the NHL, like other major sports leagues, will not hesitate to punish players despite the absence of criminal liability.
The NHL’s authority to punish in these situations comes from Article 18-A of the Collective Bargaining Agreement, which empowers the Commissioner to discipline players if off-ice conduct specifically violates a league rule, or if the Commissioner deems that the “conduct that is detrimental to or against the welfare of the League or the game of hockey.”[5] The process involves an investigation, notice to the NHLPA, and discussions with the player before the Commissioner issues discipline.[6] Punished players may appeal to an Impartial Arbitrator who reviews whether the decision was supported by substantial evidence and whether it was reasonable.[7] While this framework is standard across major leagues, it highlights the Commissioner’s wide latitude in handling reputational issues.
Commissioner Gary Bettman has used this discretion before to address non-criminal player conduct. In 2023, the NHL suspended Senators forward Shane Pinto for 41 games due to activities related to sports betting.[8] The league emphasized that there was no evidence that Pinto had bet on NHL games, but still imposed the discipline under Article 18-A.[9] Bettman’s willingness to punish non-criminal behavior can be understood in light of the intense public scrutiny that often surrounds these cases. The Mitchell Miller saga is a prime example: although Miller faced no criminal charges for his documented racist abuse of a disabled classmate, the public outcry was significant after the Coyotes drafted him in 2020 and again when the Bruins signed him in 2022.[10] In both instances, the team reversed under the pressure, emphasizing how public reaction can force the league’s hand despite a lack of legal consequences.[11]
Currently, Formenton’s rights remain with the Senators, while the other four players are unrestricted free agents.[12] Hart has a desire to start fresh on a new team; and Flyers General Manager, Danny Briere, has signaled that he will acquiesce.[13] Briere’s reluctance to resign Hart, who was once thought to be Philadelphia’s next franchise netminder, shows that teams may not be willing to take on the public-relations nightmare that has followed these five players.
[1] Stephen Whyno, NHL makes 5 players acquitted of sexual assault charges eligible to sign contract, play this season, AP News (Sep. 11, 2025).
[2] Id.
[3] Id.
[4] Rory Carroll, NHL bars five former Hockey Canada players until December after 2018 incident, Reuters (Sep. 11, 2025).
[5] NHL Collective Bargaining Agreement, Art. 18-A.2 (2013).
[6] NHL Collective Bargaining Agreement, Art. 18-A.3 (2013).
[7] NHL Collective Bargaining Agreement, Art. 18-A.4 (2013).
[8] NHL Public Relations, NHL suspends Pinto 41 games for violating League’s sports wagering rules, NHL.com (Oct. 26, 2023).
[9] Id.
[10] Associated Press, Bruins rescind contract offer to Miller after backlash to racist bullying claims. The Guardian (Nov. 7, 2022).
[11] Id.
[12] Reuters, NHL players in Hockey Canada trial eligible to play Dec. 1, Reuters (Sep. 11, 2025).
[13] Reuters, G Carter Hart rules out Flyers return after Hockey Canada acquittal, Reuters (Sep. 16, 2025).
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