BYLAWS OF THE PREMIER HOCKEY FEDERATION
FOR THE 2022-23 SEASON
Bylaws Published September 2, 2022. Press Release: https://www.premierhockeyfederation.com/news/phf-announces-publication-of-2022-23-bylaws"
1. Players Association.
1.1 Membership. Every player in the Premier Hockey Federation, an unincorporated association (the “PHF” or the “League”) must be a member of the Premier Hockey Federation Players’ Association (“PHFPA”).
1.2 Representation. Every PHF team (each, a “PHF Team” or “Member Club”) will choose two (2) players to be the PHF Team’s representatives in the PHFPA, such players to represent their respective PHF Team and future players of the League.
- Players will select an Executive Director annually through a voting process, such Executive Director appointment to require the affirmative vote of 75% of the players at the time of such vote.
- The Executive Director vote will occur by the end of the last business day preceding the first game of the PHF regular season. This vote may not occur until PHF Team rosters have been set prior to the commencement of the PHF season to ensure every player has an opportunity to vote for the Executive Director.
- The Executive Director cannot be a current player in the League or have any economic, management, or other ties with a PHF Team unless otherwise approved by the PHF Board of Governors.
1.4 Recognition. The PHF recognizes the PHFPA as the primary trade association, established for the purpose of communicating, promoting, and advocating for the interests of all present and future players in the League.
2. Player Registration.
2.1 Registration. All prospective players shall register to participate in the League at any time via the PHF free agent portal on the PHF website:
Registered players are permitted to enter into a standard player contract with a PHF Team consistent with the time periods set forth in Section 3, and until the roster freeze date set forth in Section 4.5 herein.
2.2 Player Eligibility. The following prospective players shall be eligible to register as a player to participate in the PHF:
- Any player who has completed or is completing their final year of eligibility at a university, college, or comparable institute, resulting in a degree or certification ("Eligible Institution").
- Any player who attains the age of 18 prior to the commencement of the PHF season that (i) has not previously participated in, or has not elected to participate in collegiate athletics, or (ii) has forfeited (due to injury, leave of absence, collegiate retirement, etc.) their collegiate eligibility, provided that such player registration and eligibility shall be subject to review and approval by the Commissioner and the Board of Governors, with such approval not to be unreasonably withheld or delayed. A determination by the Commissioner and the Board of Governors as to player eligibility under this Section 2.2(B) shall take place at the time of such player registration. The PHF recognizes the global scope of the PHF player pool, the varying paths to professional hockey, and the varying circumstances related to a player’s development, and encourages all players to complete their collegiate eligibility.
For the avoidance of doubt, (i) the age minimum for eligibility to compete in the PHF is 18 years of age or older at midnight, prior to the commencement of the PHF season of competition; and (ii) players who have graduated from an Eligible Institution but retain eligibility to play hockey for such Eligible Institution due to COVID-19 related modifications to NCAA or U SPORTS eligibility rules, shall be eligible to register for participation in the PHF.
3. Free Agency.
3.1 Restricted Free Agency. During the 45-day period immediately following the conclusion of the PHF season and playoffs, or at such time as determined by the PHF Board of Governors (the “Restricted Free Agency Period”), each PHF Team may enter into a standard player contract for the subsequent PHF season with a roster player of such PHF Team at any time during the prior PHF season. For the avoidance of doubt, PHF Teams may not pursue players who participated for other PHF Teams during the prior PHF season at any time during the Restricted Free Agency Period, such that PHF Teams shall have the exclusive right to secure existing players to a standard player contract for the subsequent PHF season prior to the Unrestricted Free Agency Date.
3.2 Unrestricted Free Agency. Upon the expiration of the Restricted Free Agency Period (the “Unrestricted Free Agency Date”), each PHF Team may enter into a standard player contract for the subsequent PHF season with the following players:
- any unsigned player that was under a standard player contract with a PHF Team during the most recent PHF season; or
- any unsigned eligible player consistent with Section 2.2.
4. Team Roster.
4.1 Roster Size. Each PHF Team will consist of a minimum of 20 players and a maximum of 25 players, composed of no fewer than 18 skaters and 2 goalies.
4.2 Game Day Roster.
- Each PHF Team may dress 20 total players for games, consisting of 18 skaters and 2 goalies.
- PHF Teams must submit game day rosters and scratches following the procedures outlined in Section 5 below.
4.3 Professional Tryout Agreements.
- At the PHF Team's discretion, and with written approval from the League, the PHF Team may sign a player to a Professional Tryout (PTO) agreement.
- Each PHF Team will be permitted to sign a maximum of 10 PTO agreements during the regular season. PHF Teams are permitted to sign the same player to multiple PTO agreements, though each agreement signed will count toward the maximum of 10 agreements. For the avoidance of doubt, there is no limitation on the number PTO agreements during any PHF exhibition season, and such exhibition season PTO’s will not count against the foregoing regular season maximum.
- While signed to a PTO agreement, players may play a maximum of 1 game. To participate in additional games, the player will need to be signed to additional PTO agreements. The number of practices a player may participate in while on a PTO is not limited.
- For all PTO agreements, players will be paid $375 for each game they play.
- Players signed to a PTO agreement must be cleared by a PHF Team physician or sign a medical waiver prior to participating in any PHF Team activities including but not limited to off-ice workouts, on-ice practices, and games.
4.4 Practice Players.
- PHF Teams may invite additional players to participate in practices and other PHF Team activities.
- Players who participate in practices and other PHF Team activities shall be paid $150 per week, pursuant to the terms of an independent contractor agreement by and between such practice player and PHF Team. For the avoidance of doubt, no practice player shall be entitled to any other benefits, including without limitation, any medical or health benefits or any rights to participate in any PHF Team or League adopted compensation benefit plan.
- Players who participate in practices and other PHF Team activities under these circumstances will be required to sign such other agreements, including without limitation, a liability waiver, prior to any participation in such activities.
4.5 PHF Team Roster Freeze. Notwithstanding anything herein to the contrary, additions, subtractions or any other modifications to PHF Team rosters shall not be permitted from the date that is thirty (30) days prior to the end of the PHF regular season until the conclusion of the PHF playoffs, provided however, that all players on a PHF Team roster shall have been on the team payroll either as a rostered game player or practice player under an approved contract (or in the case of a practice player having completed appropriate paperwork), for at least 25% of the regular season games for a PHF Team (or PHF Teams) to be eligible for playoff competition, subject to the long term injury reserve exemption set forth in Section 4.6, provided that any such changes result in compliance with such PHF Team’s salary cap calculation.
4.6 Long-Term Injury Reserve.
- At any time during the PHF regular season or playoffs, a PHF Team may designate a player to long term injury reserve, for a period of not less than 21 consecutive days, in the event of a bona fide injury (physical or mental) to such player, resulting in player’s salary not forming a part of such PHF Team’s salary cap calculation. A PHF Team shall provide written notice to the League, along with information required by the PHF long term injury reserve form, to designate any player to long term injury reserve. The foregoing 21-day period shall begin on the date of approval by the League of such written notice and long term injury reserve form.
- During the period of time that such player remains designated on long term injury reserve by such PHF Team, such player shall receive all consideration and benefits under such player’s operative standard player contract.
- In the event a PHF Team elects to designate a player to long term injury reserve, such PHF Team may enter into a standard player contract with an additional player, so long as such PHF Team remains in compliance with the then operative salary cap maximum, taking into account the addition of consideration payable to such incoming player and the subtraction of consideration payable to such player designated to long term injury reserve. For the avoidance of doubt, the roster freeze set forth in Section 4.5 shall not preclude any roster transactions described in this Section 4.6.
4.7 National Team Commitments. Notwithstanding any other provision in these Bylaws, in the event a player is offered and accepts a national team commitment with a national team program, which requires such player to leave their PHF Team during the PHF season for a certain period of time (as mandated by a national team program) for (i) an International Ice Hockey Federation sanctioned event (and related training activities) or (ii) any other official national team tournament or game series that includes international competition, then upon agreement between the PHF and such applicable national team governing body, such player’s standard player contract will remain in full force and effect (including without limitation, payment of salary thereunder), with such player’s salary not forming a part of the salary cap calculation in Section 6 for the period of time equal to the service commitment to the applicable national team program.
5. Transactions, Deadlines, and Reporting.
- In the event of a trade, PHF Teams will be permitted to exceed the roster size minimum and maximum until corresponding roster moves may be completed to open or fill necessary roster spots.
- PHF Team rosters must be compliant, pursuant to Section 4.1, within one week of the transaction being completed unless a player must be released.
- If a release is necessary for the PHF Team to have a compliant roster, the PHF Team has 15 days to complete the transaction.
5.2 Trade Deadline.
- The trade deadline is thirty (30) days prior to the end of the PHF regular season. This deadline is subject to change if the League schedule changes.
- PHF Teams may not resume trading until the conclusion of the Isobel Cup Playoffs.
5.3 Signing Deadlines.
- Eligible free agents must be signed at least 24 hours prior to being eligible to participate in a game. Players must meet all other eligibility requirements as determined by the Member Club, including but not limited to all reasonably requested paperwork and medical clearance by a Member Club physician.
- PHF Teams may sign eligible free agents until thirty (30) days prior to the end of the PHF regular season. Players are only eligible to participate in the playoffs if they have an approved contract filed with the League office by this deadline and have been on the team payroll either as a rostered game player or practice player under an approved contract (or in the case of a practice player having completed appropriate paperwork), for at least 25% of the regular season games of its PHF Team (or PHF Teams), as applicable, subject to the long term injury reserve exemption set forth in Section 4.6. This deadline is subject to change if the League schedule changes.
5.4 Transaction and Roster Reporting.
- During the off-season, PHF Teams are obligated to report player transactions, including but not limited to player signings and trades, using the appropriate online forms within 48 hours for League approval.
- During the regular season, PHF Teams are obligated to report player signings using the appropriate online forms within 24 hours for League approval.
- During the regular season, PHF Teams are obligated to report player trades, using the appropriate online forms by 3 pm on Friday to be eligible to participate in that weekend’s games, or 24 hours prior to participation in a game if such game is not played on a Saturday or Sunday, subject to League approval.
- All player contracts must be submitted to the League office for approval. Players may not participate in League games until an approved contract is on file with the League office. If a PHF Team dresses a player without an approved contract for a League game, the PHF Team shall forfeit that game.
5.5 Game Day Roster.
- PHF Teams must submit their game-day rosters, including active players and scratches, using the appropriate online form, no less than 12 hours prior to puck drop.
- In the event of player injury, PHF Teams may submit a roster with players listed as “Game Time Decision”. PHF Teams must also submit the player who would be substituted into the lineup if the injured player is unable to play.
- PHF Teams that do not submit their game-day rosters by the deadline may be assessed a bench minor penalty to begin the game.
5.6 Player Release and Termination.
- PHF Teams may release a player consistent with the terms of the standard player contract, with such player being entitled to all consideration under the standard player contract through the date of such release.
- Written notice of the player release must be filed with the League office, with the player release being official upon receipt of such notice by the League.
- As outlined in the standard player contract, players may terminate their standard player contract by providing Member Club with 30 days' written notice.
- Written notice must be filed with the League office and acknowledged by the Member Club in writing, and the termination will be official 30 days following written acknowledgment.
5.7 Player Contracts.
- Standard Player Contract. All players participating in League regular season games or playoff games shall be required to enter into a standard player contract with a PHF Team.
- General Terms. Pursuant to the terms of the standard player contract by and between players and PHF Teams: (i) the term of any standard player contract shall not be in excess of two (2) years (with the end date of any standard player contract being April 30), (ii) salary thereunder shall be paid in its entirety during the PHF regular season, (iii) any signing bonus thereunder shall be payable upon the signing of such standard player contract (with such signing bonus to not be in excess of 10% of the salary payable under the standard player contract); and (iv) player shall be eligible for certain benefits, including health and medical benefits and any compensation benefit plan adopted and approved by the PHF and Member Clubs.
6. Player Salaries.
6.1 Salary Cap.
- The League shall establish a maximum PHF Team salary and a minimum PHF Team salary for each PHF season prior to the start of free agency with input from the PHF Board of Governors. PHF Teams agree to spend at least 75% of the forgoing maximum PHF Team salary on player salaries each PHF season.
- Subject to Section 6.3 and the long-term injury reserve exception in Section 4.6, no PHF Team may exceed the salary cap for any reason.
- Subject to Section 6.3 and the long-term injury reserve exception in Section 4.6, a player may not be signed to a contract containing a salary that will cause the PHF Team to exceed the salary cap.
- All Member Clubs will sign players to a Standard Player Contract, which form of agreement will be approved by the PHF Board of Governors prior to the commencement of each season. Upon the signing of such Standard Player Contract by Player and Member Club, Member Club shall submit such agreement to the PHF for approval, and compliance with the salary cap for such applicable season. PHF Teams shall provide to the League any and all documents and related information on player compensation for the purpose of ensuring salary cap compliance.
6.2 Cap Calculation.
- For purposes of the salary cap, the PHF Team salary must be calculated as the total amount of Salary (as defined in the standard player contract), including any and all bonus payments as described therein (other than such bonus payments described in Section 6.2(E) below), paid to players for the duration of the League season excluding, for the avoidance of doubt, (i) Player Royalties as described herein, (ii) per diems paid to players (as described in the standard player contract), (iii) payment of taxes, health care or immigration/visa related costs (iv) relocation and/or housing allowance costs, subject to the following sentence, and (v) such other exclusions as defined in this section 6.2. The application of relocation and/or housing allowance costs to the salary cap calculation in subsection (iv) above shall be as follows:
- or any player earning a salary of $30,000 or less, PHF Teams may incur relocation and/or housing allowance costs up to a maximum amount of $10,000, with a maximum amount of $5,000 to any one player, with all such costs within such limits not forming a part of the salary cap calculation of such PHF Team (and with any costs in excess of such limits forming a part of the salary cap calculation);
- for any player earning a salary of more than $30,000, there is no limit on relocation and/or housing allowance costs, with all such costs forming a part of the salary cap calculation of such PHF Team.
- If a player is not on a PHF Team roster for the entirety of the PHF Team’s regular season games, that player may receive only a portion of the contracted salary in the ratio of the number of weeks of actual employment to the number of weeks in the PHF season.
- For purposes of the salary cap, player salaries will be calculated and applied on a weekly basis. The salary for any player under contract for a portion of a week, irrespective of signing date, will count against the salary cap for that week.
- If a player is released or terminates their contract as outlined in Section 5.6, their salary will be removed from the salary cap in the week following the official release or termination date.
- Bonuses paid to players for participation in the All-Star Game or winning the Isobel Cup shall not count against the PHF Team salary cap, with such bonuses to be paid by the League.
- In the event the PHF is required to play a season with fewer number of games than contemplated herein (as determined by the PHF Board of Governors), the Commissioner and the PHF Board of Governors shall determine a salary cap for the purpose of such season.
- PHF Team rosters must be compliant with the salary cap within 15 days of the transaction being completed.
- If a release is necessary for a PHF Team to have a compliant roster, the PHF Team must complete the release within 15 days of the date the PHF Team exceeded the salary cap. The contract of the player who caused the PHF Team to exceed the salary cap is not effective until the effective date of the release.
- Following a trade, the salary of the acquired player will count toward the PHF Team’s salary cap for the week in which the player was acquired.
- Following a trade, the salary of the player traded away will be removed from the salary cap of the PHF Team for the week in which the player was traded away.
7.1 During the Season. Each season practice may not exceed two hours in duration. The term “regular season practice” shall mean an assembly of regular season rostered players on the ice in the presence of a PHF Team staff member, such as but not limited to any coach or advisor, general manager, trainer, equipment manager. Any such session held during the period commencing with the Monday before the first League regular season game through the final League regular season game shall be deemed a Regular Season Practice.
8. Regular Season Games.
8.1 Number of Games. The regular season will consist of at least 20 games per PHF Team, 10 home and 10 away, from October to March. The number of games is subject to change based on the number of PHF Teams in the League and subject to the approval of the PHF Board of Governors.
8.2 Scoring. Regular season games will be scored on a point system:
- Win in regulation time = 3 points.
- Win in overtime or a shootout = 2 points.
- Loss in overtime or a shootout = 1 point.
- Loss in regulation time = 0 Point.
8.3 Tie-Breaking. If there is a tie in points during the season, the tie-breaker will go as follows:
- Total Wins (in regulation and overtime, excluding shootout)
- Head-to-Head Record (as determined by the total number of points awarded in head-to-head games, including games ending by a shoot-out)
- Goal Differential
9. Playoff Configuration.
9.1 Playoff. Format and seeding will be determined by the PHF Board of Governors.
9.2 The Isobel Cup. The PHF Team who wins the specified number of playoff rounds will be awarded the Isobel Cup. The names of the players of the winning PHF Team will be engraved on the Isobel Cup and each person will be awarded a day with the Isobel Cup during the off-season.
10. Special Events and Exhibition Games.
10.1 All-Star Game & League Events.
- The League will organize an All-Star Game every year and provide travel accommodation to and from the event. Any player who is chosen for the All-Star Game can choose not to attend due to injury or other special circumstances, in which case the League will select another player to attend.
- The League may organize additional events for select players and/or PHF Teams to participate.
10.2 Team Exhibition Games.
- The League may schedule exhibition games, scrimmages, or pre-season games.
- Each PHF Team is permitted to schedule additional exhibition games and scrimmages with the consent of the League. For any such exhibition games scheduled by a PHF Team, player participation is voluntary, and will not be paid.
11. Missed Games or Practices, and Injuries.
11.1 Missed Games or Practices. A player will not be fined if the player is sick or has an emergency, subject to the player notifying the PHF Team as soon as possible.
11.2 Injuries. If a player is injured during training, practice or gameplay, the PHF Team will pay such player’s approved out-of-pocket medical expenses, provided that the medical providers used are approved by the PHF Team. However, the PHF Team’s obligation to pay such expenses will be limited to reimbursement to the player for out-of-pocket medical costs such as co-pays, deductibles, and co-insurance charges. Additionally, if the player is injured during training, practice, or gameplay, the PHF Team will pay the player until such player is cleared by medical training personnel to return to participate.
11.3 Reporting. PHF Teams must provide a written report of significant Player injuries to the League using the appropriate online form in a timely manner within 48 hours of the completion of the game in which the injury occurred. PHF Teams must also note any absences due to emergency, illness, or injury.
12.1 Reporting. Any player who becomes pregnant during the term of their contract must disclose this information to the PHF Team medical staff.
12.2 Maternity Leave and Long Term Injury Reserve.
- No PHF Team may release a player due to pregnancy, but the player will not be allowed to play, or participate in PHF Team practices and workouts until cleared by the PHF Team medical staff and will be placed on long-term injury reserve.
- No set time limit exists for maternity leave. The PHF Team may choose to remove such player from long-term injury reserve if she is deemed by PHF Team medical staff to be in playing condition.
12.3 Parental Leave Benefit. Player will be entitled to take up to 12 weeks of 100% paid parental leave in connection with the birth, adoption, or placement of a child, such pay during leave to include all salary and employee benefits as described in the standard player contract. If Player’s leave is eligible for benefits under a state or local paid leave program, or pursuant to a policy of insurance, Player will be required to apply for benefits under that program or policy of insurance and the Member Club will supplement Player’s pay during leave to 100% of salary and employee benefits. Notwithstanding the foregoing, Member Club’s obligation to pay Player’s salary during any period of parental leave shall cease (or shall not commence as the case may be) once Player’s salary for such applicable PHF season has been paid in full. The Member Club’s obligation to pay the parental leave benefit shall cease upon the termination of the standard player contract.
13. Discipline for Off-Ice Conduct.
13.1 Commissioner’s Authority to Impose Discipline for Off Ice Conduct. Whenever the Commissioner determines that a player, coach or representative of Member Club has acted in a way that is detrimental to or against the welfare of the League or the game of hockey, the Commissioner may discipline such player in any or all of the following respects: (i) by expelling or suspending without pay such player for a definite or indefinite period; (ii) by cancelling any contract that such player has with any Member Club; or (iii) by imposing a fine on such player, coach or representative of Member Club.
13.2 Procedures for Commissioner Discipline for Off-IceConduct and League Investigation. The League will notify the player, coach or representative of Member Club, and the PHFPA in the case of a player, and the applicable Member Club immediately upon deciding to undertake an investigation that may result in Commissioner Discipline for Off-Ice Conduct. The League will explain the purpose of the inquiry and potential for Commissioner Discipline for Off-Ice Conduct. A player, coach or representative of Member Club will be afforded a right to apply for a reasonable delay of any interview in order to obtain and consult with individual counsel, and consent to such a request shall not be unreasonably withheld.
13.3 Pre-Hearing Disclosures. Prior to the hearing, the League will provide the player, coach or representative of Member Club and the applicable Member Club with a written statement that specifies the factual allegations against the player, coach or representative of Member Club and an explanation of why the League considers that the alleged conduct may give rise to Commissioner Discipline for Off-Ice Conduct. The player, coach or representative of Member Club may have counsel who will provide any evidence and/or witnesses relevant to the case. A summary of such information must be given to the League at least two (2) business days prior to the hearing.
13.4 Timing of Hearings. Hearings will generally be held with no less than five (5) business days’ notice, unless there is a compelling need in which case the League may seek to hold a hearing on an expedited basis. Hearings must be held before any discipline can be upheld.
13.5 Pre-Hearing Public Statements by the League. Before a hearing, the League may not comment other than an acknowledgement that the situation is under review and will reserve further comment until a hearing is held.
13.6 Appeal. The player, coach or representative of Member Club may appeal by filing to an Impartial Arbitrator in writing. The player, coach or representative of Member Club will be under discipline while they appeal, i.e., suspended, fined, and/or not permitted to play. The standard of review of the Commissioner’s decision will be whether the ruling was supported by substantial evidence and was not unreasonable based on the following considerations: (i) the facts and circumstances surrounding the conduct at issue; (ii) whether the penalty was proportionate to the gravity of the offense; and (iii) the legitimate interests of both the player and the League.
13.7 Criminal Investigation. A player subject to Commissioner Discipline for Off-Ice Conduct may seek a reasonable delay in such proceedings in order to retain and seek the advice of counsel in the event this conduct may also be subject to a criminal investigation by any governmental authority, or in the event of ongoing civil proceeding where the player has been named as a defendant. The League may suspend the player pending the League’s formal review and disposition of the matter where the failure to suspend the player during this period would create a substantial risk of material harm to the legitimate interests and/or reputation of the League.
14. Performance Enhancing Substances Abuse.
14.1 Testing. The League and/or a PHF Team, upon reasonable notice, may test player(s) of such PHF team up to two (2) times per PHF season.
14.2 Reasonable Cause Testing. Notwithstanding Section 14.1, in the event that either the League or the PHFPA has information that gives it reasonable cause to believe that a player has, in the previous 12-month period, engaged in the use of a prohibited substance on the Prohibited List published by the World Anti-Doping Agency (the “Prohibited List”), as determined by the PHF Board of Governors, the party having such information shall provide the other party with a written description of its information and the player will be subject to a specimen collection as determined by the PHF Team doctors.
14.3 Deemed Positive Test. A player's unexcused failure (e.g., without good cause) or refusal to test shall be considered a positive test result. Attempting to substitute, dilute, mask or adulterate a specimen shall be considered a positive test. The determination of whether a player has tested positive shall be made by PHF Team medical personnel within 48 hours.
14.4 Disciplinary Penalties. Positive test for performance enhancing substances on the Prohibited List will result in mandatory discipline as follows:
- For the first positive test, a suspension of three (3) PHF games without pay and mandatory educational and evaluation and possible treatment seminars for the entire season.
- For the second positive test, a “permanent” suspension, although a player so suspended can re-apply for discretionary reinstatement after a minimum period of one (1) year.
14.5 Procedures in Response to Positive Tests. All laboratory test results will be reported directly by the testing lab to the PHF Team medical supervisor. The following procedures shall be followed:
- Notification of Adverse Analytical Finding. In the event of an adverse analytical finding, the PHF Team medical supervisor shall notify the player by telephone of their results and of their right to present an alternative medical explanation for their test results. The PHF and the PHFPA representatives may participate in the call.
- Alternative Medical Explanation. If offered an alternative medical explanation, the PHF Team medical supervisor shall determine the validity of the alternative medical explanation. In making the determination, the PHF Team medical supervisor may request relevant information and documents from the player and/or the laboratory. The medical team shall consider any relevant evidence in determining whether the alternative medical explanation is valid and shall inform the player, the PHF, and the PHFPA of their conclusion. If the medical team determines that a valid alternative medical explanation exists, the second sample will not be analyzed, and the player shall be conclusively deemed not have tested positive and shall not be subject to any discipline.
- Testing and Analysis of the “B” Sample. If the medical team is unable to determine that a valid alternative medical explanation exists, the medical team shall promptly direct the laboratory to test the sample within five (5) days of the telephone call notifying the player of a positive result.
14.6 Appeal Procedures. The PHFPA may, on a player’s behalf, appeal a positive test result determination to an impartial arbitrator.
- The PHFPA will have forty-eight (48) hours from the date of determination of a positive test to initiate an appeal on behalf of the player by filing a grievance with the PHF.
- The PHFPA shall submit a disclosure statement to the PHF no later than seventy-two (72) hours before the hearing commences. The PHF’s responsive disclosure statement must be submitted to the PHFPA no later than thirty-six (36) hours before the hearing commences.
- The hearing will commence no later than nine (9) days following the PHFPA’s filing of a grievance and will proceed on back-to-back hearing days until completed. The impartial arbitrator’s award shall be issued within six (6) days of the conclusion of the hearing.
- A strict liability standard will be employed with respect to all positive tests. The player shall be entitled to challenge the imposition of any discipline in the event player is able to establish:
- an applicable TUE (described below);
- a collection error;
- a testing error; or
- that the player could not have reasonably ascertained how the prohibited substance entered their body.
14.7 Therapeutic Use Exemption. A player may apply for a Therapeutic Use Exemption (“TUE”) with respect to a particular prohibited substance. Consistent with past practice (unless otherwise agreed to by the parties), the League shall review, consider and act upon such player's application expeditiously and approval of the application shall not be unreasonably withheld. A TUE granted by the League for a season shall not be valid for the following season.
14.8 Confidentiality, Player Status Pending Appeal. Other than disclosures contemplated above, test results will be kept confidential, subject to the following limited exceptions: Once a positive test has been confirmed, the player suspended will be identified, and it will be announced that the player has been suspended for violating the terms of the PHF/PHFPA Performance Enhancing Substances Bylaw.
15. Transgender Player Policy.
The PHF is committed to creating, sustaining, and supporting a culture of diversity, equity, and inclusion in women’s professional hockey. The PHF believes transgender and non-binary athletes should have equal opportunity to participate in the PHF while maintaining competitive equity in women’s professional hockey.
The PHF has approved and adopted a Transgender and Non-Binary Inclusion Policy in partnership with Athlete Ally and Chris Mosier, effective as of October 15, 2021, which policy may be updated from time to time upon the approval of the PHF Board of Governors. The current policy was disseminated to the public on October 15, 2021, and is located in its entirety on the League’s website at:
Any provision of these Bylaws may be amended by a vote of 66.67% of the Members Clubs unless such other voting threshold is provided for herein, present, and voting at any special meeting held for the purpose of such amendment or at any Annual Meeting of the Members Clubs, provided such notice of the proposed amendment has been given to each Member Club at least ten (10) days prior to such Annual Meeting or other special meetings. Notwithstanding the foregoing, (i) the Bylaws may be amended one (1) time during the PHF season, and one (1) time during the off-season time period, and (ii) the Bylaws shall be interpreted and administered by the office of the Commissioner, in the Commissioner’s sole discretion, other than the foregoing amendments in subsection (i) above.