Lawsuit Has Potential to Alter College Hockey Landscape

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A class action lawsuit filed this week accuses the NCAA of violating antitrust laws by rendering athletes who compete in Canada's major junior hockey leagues ineligible for college hockey.

As reported by the Grand Forks Herald, the suit holds the potential to greatly alter the college hockey landscape. It was filed in the Western District of New York by Rylan Masterson, who says he played two preseason games with the Windsor Spitfires of the Ontario Hockey League, making him ineligible for NCAA hockey.

If successful, the result could open the door for hundreds of players in the Western Hockey League, OHL and Quebec Maritimes Junior Hockey League to play in the NCAA, Brad Elliott Schlossman of the Herald reported.

"The development is not unexpected," Schlossman wrote. "At the annual coaches meetings in Naples, Fla., this spring, the potential opening of the CHL was discussed."

About two-thirds of college hockey's coaches are against the change, according to Schlossman, who added that they were aware a lawsuit was possible. They formed a working group to study the issue comprised of six league commissioners, one coach from each conference and American Hockey Coaches Association executive director Forrest Karr, the athletic director at Minnesota Duluth.

"No matter how you feel about it, there's a likelihood of it changing anyway if it's challenged by someone," Hockey East commissioner Steve Metcalf told the Herald in May. "We should be prepared for the Plan B scenario. If things were trending that way, either by being dictated by the courts or something where there's going to be a change ... I hate to use the term 'guard rails,' but what guard rails might we want to put in place to help us manage that?"

Per Schlossman's reporting:

For decades, college hockey has closed the door to players who competed in the three Canadian major junior leagues through NCAA Bylaw 12.2.3.2.4, which states: "Major Junior Ice Hockey. Ice hockey teams in the United States and Canada, classified by the Canadian Hockey Association as major junior teams, are considered professional teams under NCAA legislation."

There are players in the CHL who under NHL contract, which has long been the justification to keep them ineligible for college hockey — along with stipend payments they receive.

The lawsuit points to specific examples of college athletes who were allowed to retain eligibility in similar circumstances.

The suit notes Boston University defenseman Tom Willander played games in Sweden's top pro league, but remained eligible. It also points out that specific athletes, most notably swimmer Katie Ledecky, kept eligibility while receiving payments for their athletic performance.

The NCAA opened the door for players to receive payments after the Alston ruling by the Supreme Court in 2021.

College hockey's traditional powerhouses have largely been against opening the CHL.

The Central Collegiate Hockey Association, on the other hand, has been pushing it. CCHA teams have been losing players in the transfer portal to traditional powers and want another avenue to replace players.

If the CHL opens, NCAA teams would immediately begin recruiting top players who have not signed NHL deals.

College hockey would, in turn, have more Canadians and fewer Americans on rosters.

Fourteen of the 32 players picked in the first round of the 2024 NHL Draft were from Canadian major junior leagues. All of those players would become eligible for college if the lawsuit is successful.

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