From what I can tell, it is a combination of both. However, I have typically viewed the professional status as the bigger issue (rightly or wrongly).
This article
Coming Down the Pipe!: CHLPA: NCAA Eligibility contains a letter (which I have also seen on at least one other site) from the NCAA that identifies both as being issues.
Per our phone conversations, our legislation indicates that a professional team is one that pays players beyond actual and necessary expenses or considers itself professional (NCAA Division I Bylaw 12.02.5). Per our discussion, it is my understanding the league pays its players a stipend that is beyond actual and necessary expenses; therefore, the players are considered professional.
Our legislation in Bylaw 12.2.3.2.4 notes that ice hockey teams in the US and Canada classified by the Canadian Hockey Association (CHA) as major junior teams are considered professional under the legislation. As a result, even with the elimination of the stipend, these players would not have eligibility because of the classification of their hockey teams.
If the stipend were to be eliminated and the association were to not classify the team as major junior, then they would not be considered professional per our legislation; however, you would need to consult with the CHA regarding the process of changing the classification.
If there are any other questions, please let me know.
Thank you,
Natasha Oakes
Assistant Director of Academic and Membership Affairs
National Collegiate Athletic Association