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Here's a play that you see in hockey from time to time: A player was interfered with on a play by a defenseman and, as a direct result of the interference, the interfered-with player's stick came up and clipped the other player.
OK, armchair refs: Should this be offsetting penalties -- one for interference on the defender and high-sticking on the offensive player -- or just an interference penalty? What's being described above is a tough judgment call for an official, and is a good example of where the Rule Book by its strictest definition is not always the right or best call in a situation.
In the case of the exact set of circumstances spelled out above, I would say the correct call is one penalty: interference on the defending team. Change the description just a little bit, however, and offsetting minors would be the better call.
Here's the determining factor in making the judgment call: Which player generated the energy that created the high stick? I used this standard on many similar calls throughout my career. Different evidence leads to different conclusions.
If it was solely the defending player who created the energy, even though there's an expectation of players being responsible for their own stick, then I believe the correct decision is to not tag the fouled player with a high stick. However, if the high stick was preventable and the other player generated the energy to give it the "Glenn Anderson special" (i.e., felt the contact and his stick came up or swung around in an accidentally-on-purpose fashion), then offsetting calls would be correct.
If one looks at the letter of the law in the NHL Rule Book (Rule 66 pertains to high sticking), there is NOT a penalty exception granted for a player whose stick is lifted by a defender, creating an accidental high stick. These are the exceptions, as written:
"A 'high stick' is one which is carried above the height of the opponent’s shoulders. Players must be in control and responsible for their stick. However, a player is permitted accidental contact on an opponent if the act is committed as a normal windup or follow through of a shooting motion, or accidental contact on the opposing center who is bent over during the course of a face-off. A wild swing at a bouncing puck would not be considered a normal windup or follow through and any contact to an opponent above the height of the shoulders shall be penalized accordingly."
None of the specific exceptions and non-exceptions fit the conditions outlaid above. This scenario involves a player who is not shooting or taking a faceoff. There was no wild swing at a puck involved, either. Thus, if one wanted to go "strictly by the book," it would default to the description that "players must be in control and responsible for their stick."
Ah, but in this instance, a defending player -- while in the act of himself committing a penalty -- directly provided the energy that resulted in the high stick. Thus, I would apply what my officiating mentors taught me ("Why does the rule exist?", "What actually happened on the play?") argue that the correct call here is one penalty only because the act of interference was the key to the rest of the play.
Now we get to a thornier, real-life issue. An official has to be very careful about making the call(s) based primarily on who is involved in the play in question. I don't believe in making "reputation calls" but you also have to be aware of players and their tendencies.
One time, I had a situation where Glenn Anderson stick swung and made contact that popped Mark Pavelich across the pads. Pavelich complained to me that Anderson deserved a penalty.
He said, "C'mon, Stewy. You know who that is. He does it all the time."
"Yeah," I said. "But it this case, it wasn't enough to be a penalty."
Pavelich persisted saying, "If you call it, though, you'll...."
I interrupted, "What? Keep control of the game?"
"Yeah," Pavelich said.
"Mark," I replied, "I already have control."
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Paul Stewart holds the distinction of being the first U.S.-born citizen to make it to the NHL as both a player and referee. On March 15, 2003, he became the first American-born referee to officiate in 1,000 NHL games.