First, it was no call. Then a major. After review, back to no call. 

Dallas Stars’ captain Jamie Benn avoided a penalty – and supplemental discipline – for a hit on Colorado Avalanche defenseman Devon Toews. 

Benn delivered a high, hard hit on Toews behind the Dallas net early in the second period, with the Stars leading 2-0.  The Avs’ blueliner crashed awkwardly into Stars forward Wyatt Johnson before falling to the ice.  Neither referee’s arm went up after the hit, indicating no penalty call on the play.  The officials huddled together as Toews was helped off the ice, ultimately changing the call on the ice to a major penalty. 

While the officials can’t review the play at that point, they can discuss the hit. Linesmen have the ability to report on any potential major penalties, which is likely what happened here. With four officials on the ice, each has a different perspective on the hit from a different angle. After discussion, the penalty was upgraded.

The call on the ice – now a major penalty – gave referees Frederick L’Ecuyer and Francis Charron an opportunity to review the hit. 

A few moments later, the refs reverted to their initial call: no penalty on the play. 

 

 

Toews was evaluated but later returned to the game.  Even so, an injury on a play does not automatically make the hit illegal. 

Benn’s elbow was down and he doesn’t appear to have left his feet, ruling out elbowing and charging, so we’ll assume the review was around an illegal hit to the head.  Remember, they can’t just assess whatever penalty they want after review — they have to review based on the call on the ice. 

Referees shall review all plays that result in the assessment of any Major [or Match] Penalty (other than a Major Penalty for Fighting) for the purpose of confirming or modifying their original call on the ice.

There are three possible outcomes for a major penalty review, from Rule 20:

The Referee shall have the following options after video review of his own call: (i) confirming his original Major Penalty call; (ii) reducing his original Major Penalty call to a lesser penalty; or (iii) rescinding the original Major Penalty altogether.

Match penalty reviews have only two potential outcomes, based on Rule 21:

The Referee shall have the following options following such review: (i) confirming his original Match Penalty call; or (ii) reducing his original Match Penalty call to a lesser penalty for the same infraction. 

Here are the criteria for an Illegal Check to the Head from Rule 48:

A hit resulting in contact with an opponent’s head where the head was the main point of contact and such contact to the head was avoidable is not permitted.

In determining whether contact with an opponent’s head was avoidable, the circumstances of the hit including the following shall be considered:

(i) Whether the player attempted to hit squarely through the opponent’s body and the head was not “picked” as a result of poor timing, poor angle of approach, or unnecessary extension of the body upward or outward.

(ii) Whether the opponent put himself in a vulnerable position by assuming a posture that made head contact on an otherwise full body check unavoidable.

(iii) Whether the opponent materially changed the position of his body or head immediately prior to or simultaneously with the hit in a way that significantly contributed to the head contact.

In this case, it appears the officials ruled that any head contact was incidental or, more likely, unavoidable in the course of delivering a full-body check where the main point of contact is the body.  If head contact is unavoidable on an otherwise legal hit, no penalty may be assessed. 

Colorado head coach Jared Bednar was baffled by the ruling.

“It’s a physical game, and [Benn’s] a physical player… I don’t know what to say. Does he catch a piece of his shoulder? Yeah, I guess you could argue that, but the target is high and it’s at his head, and he makes contact with the head,” Bednar said after the game.

“I’ve seen many times guys get called for the headshot penalty with a lot less than that, but I guess [the referees] didn’t think so, and this time of the year you’ve gotta play through some of that stuff…   It just makes me wonder, again, what are the rules that I know and don’t know and will never probably figure out. But it is what it is, you have to play through it, and I am glad he’s okay. It’s a physical game this time of year, but I can’t understand how it’s not a penalty even if it isn’t a five [minute major].”

The NHL’s Department of Player Safety appeared to agree with the on-ice officials’ ruling, at least as far as determining that the hit did not rise to the level of requiring supplemental discipline.

 

The Dallas Stars defeated the Colorado Avalanche 5-3 to tie their best-of-seven second round series at 1-1. Referees for the game were Francis Charron (#6) and Frederick L’Ecuyer (#17), the latter subbing in for referee Wes McCauley. Linesmen were Ryan Daisy (#81) and Devin Berg (#87).