I believe some kind of rule like this is inevitable. The NHL will have to ban head contact, at least so far as they “ban” fighting now, someday.
By that I mean, it’s penalizable, but not an automatic suspension in every case as a actual fighting ban would presumably be. Not all head contact is created equal. This rule includes every stage of punishment to allow for nuance, not a single level that acts as a blunt instrument.
So, this is a draft. If you have comments on things you’d like to change, please post a comment, or head to this draft on Google Docs to comment or make your own copy to edit yourself. If you make a copy and write your own version, let me know.
Rule DRAFT – Head Contact
DRAFT.1 Head Contact – “Head Contact” is a hit, with any part of a player’s body, in which the head is targeted or the principal point of contact. Players and goalkeepers must be in control and responsible for their bodies at all times.
However, a player is permitted accidental contact on an opponent’s head if the contact occurs as a normal continuation of a hit originating elsewhere on the opponent’s body. This contact will be deemed a part of the normal follow–through of an otherwise legal hit.
DRAFT.2 Minor Penalty – Any non–follow–through contact, whether accidental or careless, made with the opponent’s head is prohibited and a minor penalty shall be imposed.
DRAFT.3 Double–minor Penalty – When a player hits an opponent’s head so that injury results or play is stopped due to an apparent injury, the Referee shall assess a double–minor penalty for such contact, whether accidental or careless, in the opinion of the Referee.
In addition, the injured, or apparently injured, player will be inelligible to play until the completion of a mandatory 15 minute period in a “Quiet Room,” where tests for any head injury will be completed.
DRAFT.4 Major Penalty – The Referee, at his discretion, may assess a major penalty, based on the degree of violence of the head contact, to a player guilty of hitting an opponent’s head.
DRAFT.5 Game Misconduct Penalty – When a major penalty is imposed under this rule for a foul resulting in an injury of an opponent, a game misconduct shall be imposed.
DRAFT.6 Match Penalty – When, in the opinion of the Referee, a player attempts to or deliberately injures an opponent with a hit to the head, the Referee shall assess a match penalty to the offending player. A deliberate attempt to injure is here defined as any deliberate attempt to hit an opponent’s head.
DRAFT.7 Fines, Suspensions, and Bans – All hits as defined under this rule are subject to possible review under Rule 28. However, when a major penalty and game misconduct are imposed under this rule, an automatic Rule 28 review by the Department of Player Safety will be undertaken.
In addition, when a match penalty is imposed under this rule, an automatic indefinite suspension shall be imposed, pending further review by the Department of Player Safety.
In extreme circumstances, egregious one–time or repeat offenders may be subject to possible ban.