RFU DISCIPLINARY REGULATIONS
INDEX
1. General
2 Jurisdiction
3. Referral to the Disciplinary Panel
4. Notice of Hearing
5. Case Management
6. Procedure at Hearing
7. Evidence
8. Decision and Sentencing
9. Child and Vulnerable Adult Protection
10. Schools and Youth Rugby Disciplinary Matters
11. Constituent Body and RFU Appeals
12. Competitions Sub Committee and Organising Committee Appeals
Appendix 1: Yellow Cards
Appendix 2: Recommended Sanctions
Appendix 3: Recommended Sanctions (Youth)Sin Bin Protocol
Appendix 4: Flow Chart for Procedure to be used in disciplinary hearings
Specimen Charge Sheet
Draft Discipline Judgment Form
CB Short Judgment form
Appendix 5: List of Hearing Dates/Locations
Appendix 6: Disciplinary Costs
Appendix 7: Citing Procedures
Appendix 8: Policy and Procedures for the welfare of young people in Rugby Union
Appendix 9: Practice Directions as Issued by the RFU Disciplinary Officer
Appendix 10:Additional Anti-Doping Provisions
Appendix 11:RFU Disciplinary Officer Terms of Reference
RFU Disciplinary Regulations
1. General
1.1. Definitions - For the purposes of these Disciplinary Regulations, the Definitions set out in the Schedule of Definitions as laid out in the Rules of the Rugby Football Union shall apply.
1.2. The Disciplinary Officer
1.2.1. The Council shall each year appoint a Disciplinary Officer (either by election of one of their members or co-option) to oversee the exercise of the powers contained in the Disciplinary Regulations.
1.2.2. The Disciplinary Officer shall be a senior legal practitioner of at least seven years standing or a serving or retired judge who shall have had previous experience in rugby disciplinary proceedings and relevant rugby experience.
1.2.3. The Disciplinary Officer derives his authority from the Council to whom he is responsible. He has functional authority over the RFU Disciplinary Manager and discipline staff and all personnel who participate as Chairmen and members of RFU and CB Disciplinary Panels. His terms of reference are at appendix 11.
1.3. Interpretation
1.3.1.1. The disciplinary hearings whether held by the Council, an RFU Disciplinary Panel, a Constituent Body Disciplinary Panel, or an Appeal Panel shall, where appropriate, follow the procedures laid down by these Regulations.
1.3.1.2. Where in these Regulations any notice or correspondence is required to be sent to the Constituent Body, then where the matter is outside the jurisdiction of the Constituent Body, all such notices shall instead be sent to the RFU Disciplinary Manager, RFU, Rugby House, Rugby Road, Twickenham, TW1 1DS.
1.3.1.3. Disciplinary matters arising out of Schools and Youth Rugby shall be dealt with in accordance with paragraph 10 below.
1.3.1.4. Separate Regulations will be issued for the Premiership Clubs, or any other league, where there is any variation of these procedures.
1.3.1.5. The RFU Disciplinary Officer is authorised to issue practice notes as guidance on the interpretation of the Disciplinary Regulations which shall be binding until they are ratified by Council or are withdrawn, whichever is the sooner.
2. Jurisdiction
2.1. Membership of the RFU
2.1.1. An RFU Disciplinary Panel shall have jurisdiction to hold inquiries and impose sanction(s) upon members of the RFU who are subject to the jurisdiction of the RFU as described in Rule 5. For the avoidance of doubt, the following are members:
a) corporate bodies for the time being entered in the register of members;
b) individual persons whose names are for the time being entered in the register of members;
c) Clubs in membership of the RFU;
d) all members of those Clubs in membership including, but not restricted to, players, officials, non playing members, owners and any other individuals involved in the management or administration of the Clubs; and
e) all members of the RFU Council.
2.2. Club Disciplinary Panel
2.2.1. Every Club shall appoint a Disciplinary Panel charged with the responsibility of maintaining the standards of discipline within that Club.
2.2.2. Every Club shall be responsible for the conduct of its own members, and for investigating any allegations of foul play and taking appropriate action in accordance with these regulations.
2.3. Constituent Body Disciplinary Panel
2.3.1. A Constituent Body may act in relation to Clubs who are members of their Constituent Body in relation t
a) any infringement of any Law of the Game; or
b) any conduct which is in the opinion of such Constituent Body prejudicial to the interests of the Union or of the Game as authorised by RFU Rule 5.12; or
c) any infringement of any of the RFU Regulations and/or iRB Regulations relating to the Game except as provided for in paragraph 2.3.5 below.
2.3.2. Such powers as are delegated to Constituent Bodies are only delegated to recognised Constituent Bodies, when all individuals and Clubs involved in a specific incident during or after a match are under the jurisdiction of one such body. In all cases involving one or more Constituent Bodies (“other cases”) the above power shall be delegated to a joint committee of the Constituent Bodies of the individual Clubs involved or otherwise as directed by the RFU Disciplinary Officer to whom all other cases shall be reported by the relevant Constituent Bodies as soon as they become aware of the same.
2.3.3. No Constituent Body has the power or right to further delegate any of these powers.
2.3.4. A Constituent Body may in special circumstances, with the consent of the RFU Disciplinary Officer, surrender back to the RFU its delegated powers generally or in specific cases.
2.3.5. The Rugby Football Union excludes from the delegation to Constituent Bodies the jurisdiction and authority to act on its behalf in respect of:
a) Players who are registered with or who are under a contract with Clubs playing in the Premiership and in National Divisions 1 and 2, 3N and 3S;
b) Players who, although not registered or under contract represent a Premiership Club’s Under 21/A XV or are members of an RFU Academy licensed to a Premiership Club;
c) Players who are members of an Academy licensed by the Rugby Football Union to a Club when playing a match for that Academy;
d) Players dismissed from the field of play or cited during County Championship or Inter Service matches.
e) Breaches of iRB Regulations 10 and 21 (Medical and Anti-Doping); and
f) Breaches of the Rugby Football Union Child Protection Policy unless passed back to the Constituent Body by the RFU as a minor disciplinary matter.
2.3.6. Additionally, the Disciplinary Officer of the RFU may direct that the RFU shall deal with any case where it is deemed appropriate to do so.
2.3.7. Constituent Bodies shall deal with all other matters, subject to the take back provisions in paragraph 2.3.6 above, and on the condition that where a Constituent Body is dealing with a case of Match Official Abuse, that Constituent Body notifies the RFU Disciplinary Officer that it is dealing with such a case and keeps the RFU Disciplinary Officer informed of any developments, including the outcome, of that case.
2.3.8. The ERFSU as a Constituent Body has its own regulations and procedures which apply to all schools rugby (see paragraph 10 below). These extend also to Club Youth Rugby up to and including U18 teams.
2.4. Visiting overseas teams playing in England
The RFU is responsible for disciplinary matters in relation to all games played within its jurisdiction, including those involving a visiting overseas team, except where there is a tour agreement which specifies how disciplinary matters should be dealt with.
2.5. Disciplinary Offences
2.5.1. Sendings off - A Disciplinary Panel may exercise its jurisdiction where a player has been dismissed from the field of play by the Referee.
2.5.2. Abuse of a Match Official - A Disciplinary Panel may exercise its jurisdiction where a player, Club Officer or other member is reported by a Match Official for abuse during the game or after it while he is still on or at Club premises. Where such a case is being dealt with by a Constituent Body, then that Constituent Body must keep the RFU informed in accordance with paragraph 2.3.7 above.
2.5.3. Citings or other forms of Misconduct - A Disciplinary Panel may exercise its jurisdiction where a player has been cited for foul play or other Misconduct.
2.5.4. Breach of RFU Rule 5.12
a) The Disciplinary Officer is authorised to act on behalf of the RFU in instituting disciplinary proceedings where there is an alleged breach of RFU Rule 5.12. Where the Disciplinary Officer brings proceedings pursuant to this authority, he shall not be involved in any way with the arrangements for the hearing of the case or the appointment of the Disciplinary Panel to hear it; such arrangements and appointment shall be made by the RFU Company Secretary & Legal Officer.
b) A Disciplinary Panel may exercise its jurisdiction where there has been Misconduct wherever occurring which would prima facie constitute a breach of Rule 5.12 (other than as referred to in paragraphs 2.5.1 and 2.5.2 above).
c) When a player, official or member of a Club is involved in criminal or civil proceedings which are directly or indirectly related to the playing or administration of the Game the appropriate Constituent Body or Disciplinary Panel must consider whether there is a case to answer under Rule 5.12. If such a case exists, the player, official or member of a Club MUST be dealt with under Rule 5.12 as soon as practical according to the circumstances. There is no need to wait until the outcome of civil proceedings before taking appropriate disciplinary action, but see paragraph 6.1.7 below.
d) Insofar as no sanction is imposed by an RFU or iRB Regulation for its breach, any alleged breach of a Regulation of the RFU or iRB may be referred to the RFU Disciplinary Officer who may take appropriate disciplinary action under these procedures if he believes that the breach constitutes a prima facie case of prejudicial conduct within the terms of RFU Rule 5.12.
2.5.5. Child Protection - A Disciplinary Panel may exercise its jurisdiction where there has been an allegation of child abuse or where any breach of the RFU Child Protection policy (see Appendix 8, below) is alleged.
2.5.6. Recognition of other sporting bodies’ sanctions - The RFU may recognise the disciplinary rules and sanctions of any other sporting body and any person suspended or banned by any other sporting body may be suspended or banned concurrently by the RFU. Before imposing any such concurrent suspension or ban, however, the RFU must grant the person the opportunity to offer an explanation at a disciplinary hearing.
2.5.7. Doping - A Disciplinary Panel may exercise its jurisdiction where a player is alleged to have committed a doping offence and shall deal with the matter in accordance with the iRB Anti-Doping Regulations (iRB Regulation 21). The anti-doping provisions appear at Appendix 10.
2.5.8. Agents - A Disciplinary Panel may exercise its jurisdiction where there is alleged to have been a breach of the RFU Agents’ Regulations.
2.5.9. Bad disciplinary record:
a) Where players from a Club appear before a Disciplinary Panel on more than 5 separate occasions in any one season, then that Club may be deemed to have a bad disciplinary record and consideration shall be given to charging that Club on the basis of its bad disciplinary record.
b) Where a Club has a bad disciplinary record in accordance with paragraph 2.5.9(a) above, a Disciplinary Panel may exercise its jurisdiction over an appropriate officer of that Club, who may be dealt with under Rule 5.12.
c) If before, or during the course of, such a hearing, it becomes apparent that one or more individuals are likely to be singled out for special penalty, they must be afforded an opportunity, after receiving notice of the matters being investigated, to attend and to defend themselves.
2.6. Appeals
2.6.1. Constituent Body Appeals - Where a person, player or Club (‘the Appellant’) is aggrieved by the decision of a Constituent Body Disciplinary Panel, the Appellant shall have the right to appeal to an RFU Appeal Panel.
2.6.2. RFU Disciplinary Panel Appeals - Where the first disciplinary hearing is before an RFU Disciplinary Panel, the Appellant shall have a right to appeal to an independent Appeal Panel.
2.6.3. Organising Committee and Competitions Sub-Committee Appeals - Any party having an interest aggrieved at the decision of the Organising Committee and/or the Competitions Sub-Committee may appeal or request a review of that decision in writing to the Disciplinary Manager of the RFU restating the grounds on which the original appeal or complaint was made.
2.6.4. Lenient sanction
a) The RFU Disciplinary Officer may, in exceptional circumstances where in his view a sanction imposed by a Disciplinary Panel is wholly inappropriate, appeal against the sanction imposed.
b) Additionally, in exceptional circumstances, where a person, player or Club has been cleared of the charges faced, the RFU Disciplinary Officer shall have the right to appeal against that finding.
c) Where the sanction or decision concerned has been imposed or made by the RFU Disciplinary Officer himself, then the power of appeal shall be exercised by the President of the RFU or his nominee.
3. Referral to the Disciplinary Panel
3.1. Referral Procedure
Sendings off
3.1.1. In all cases where the Referee has sent off a player, the Referee shall, within 48 hours after the end of the match:
a) send a completed copy of the sending off report to the secretary of the Constituent Body Disciplinary Committee to which the player's Club is affiliated or allocated, or to the RFU Disciplinary Manager at Twickenham where the Disciplinary Panel has jurisdiction; and
b) send a copy of his report to his own Referee Society or, if he is not a member of a Referee Society, to the Constituent Body in whose area the match was played.
3.1.2. Where a player is sent off following foul play drawn to the Referee's attention upon the intervention of a Touch Judge, that Touch Judge shall also comply with the obligations imposed upon the Referee by paragraph 3.1.1 of these Regulations. The report must in all instances be signed or certified by email by the Referee as well as the Touch Judge.
3.1.3. Whether the Referee is a member of a Referee Society or not, in all circumstances Club Secretaries must report to their Constituent Bodies, or to the RFU Disciplinary Manager at Twickenham when an RFU Disciplinary Panel has jurisdiction, within 48 hours after the match the name, address and contact telephone and fax numbers of any player who has been ordered off the playing enclosure, including players under the age of 17.
Misconduct in the Playing Enclosure
3.1.4. If a player is being reported for Misconduct in the Playing Enclosure, then the procedure set out in paragraphs 3.1.1 – 3.1.3 above shall be followed.
Abuse of a Match Official
3.1.5. A Match Official reporting abuse shall comply with the requirements set out in paragraphs 3.1.1 – 3.1.3 above, save that, where the player has not been sent off in relation to the alleged abuse, the form submitted should be an official report form and the referee shall have 7 days to submit it.
3.1.6. The Match Official shall set out in the report full details of the abuse suffered, including, in the case of verbal abuse, his recollection of the actual abusive words spoken, expressly or by implication, to him or uttered in his presence. If possible, the Match Official should also list on the form any witnesses to the abuse who could corroborate his evidence.
3.1.7. All cases of Match Official abuse must be notified to the RFU Disciplinary Manager.
Rule 5.12 Cases
3.1.8. Where information is given in writing to the RFU Disciplinary Manager or to a Constituent Body Disciplinary Secretary from a named person within the game (i.e. not anonymously) which in the opinion of the RFU Disciplinary Manager or Constituent Body Disciplinary Secretary would amount to a prima facie case of a breach of Rule 5.12, the RFU Disciplinary Manager or Constituent Body Disciplinary Secretary may require the person or Club to whom that information relates to attend before a Disciplinary Panel to answer the allegations. Where an allegation relates to a member of the RFU Council, the protocol within the “Council members’ aide memoire” shall apply.
3.1.9. Cases of Misconduct outside the playing enclosure, for example in the clubhouse, must be referred to the appropriate Constituent Body or RFU Disciplinary Panel for consideration under Rule 5.12
3.1.10. The RFU Disciplinary Manager or Constituent Body Disciplinary Secretary may, at his discretion, before deciding whether the person or a Club to whom the information relates has a case to answer, require the person or Club to provide information or invite the person or Club to make written representations in which event that person or Club shall have the right to see a copy of any such relevant documents submitted to the RFU Disciplinary Manager or Constituent Body Disciplinary Secretary. Alternatively, the RFU Disciplinary Manager may at his discretion refer the case to the RFU Disciplinary Officer for investigation (in which case the RFU Disciplinary Officer shall have no role in convening a Panel to hear the matter).
4. Notice of Hearing
4.1. Contents/Format of Notice: Sendings Off
4.1.1. Where a player has been sent off, the Constituent Body or the RFU Disciplinary Manager (as appropriate) will complete and forward as soon as possible (and preferably no later than 7 days from the receipt of the Referee’s Report) a Notice of Hearing that will include details of:
a) the specific charge; and
b) the date, time and place appointed for the hearing.
4.1.2. The player will be asked in the Notice of Hearing:
a) whether he accepts that he committed the offence specified in the Referee’s Report and wishes to plead guilty, and if so whether he wishes to be dealt with in his absence (provided that the Notice of Hearing has not indicated that he must attend a hearing); or
b) whether he disputes the allegations and wishes the Referee (or Touch Judge in appropriate cases) to be invited to attend.
4.1.3. The player should be advised in the Notice of Hearing that if he wishes the Referee (or Touch Judge in appropriate cases) to be invited to attend, he may be called upon to pay their travelling expenses.
4.1.4. The Notice of Hearing shall be accompanied by a copy of the Referee’s Report.
4.1.5. The Notice of Hearing shall advise a player that he should have available any evidence he wishes to call and his attention must be specifically directed to these Regulations.
4.2. Contents/Format of Notice: Abuse of a Match Official - In cases of alleged abuse reported by a Match Official the provisions of paragraph 4.1 above shall apply, save that the report provided to the player shall be the Match Official’s report form. The player will normally be required to attend a hearing, but in the least serious cases where the player admits guilt, the case may be heard in his absence (in accordance with 5.2 below).
4.3. Contents/Format of Notice: valid citing or alleged Misconduct under RFU Rule 5.12
4.3.1. Where there has been a valid citing in accordance with Appendix 7 below, the Notice of Hearing shall:
a) include a copy of the citing or complaint being investigated and a copy of all relevant papers in the possession of the RFU Disciplinary Officer/Constituent Body Disciplinary Secretary at that stage; and
b) ask the person, player or Club whether the allegations are admitted and warn them that, in the event of the allegations being in dispute, there will be a need to call evidence.
4.3.2. The hearing should, if possible, take place within 14 days of the citing.
4.4. Service
4.4.1. The Notice of Hearing referred to in paragraphs 4.1, 4.2 and 4.3 above shall be forwarded t
a) the person(s) named in it;
b) his/her/their Club; and
c) the relevant Referee Society.
4.5. Time Limits
4.5.1. In general, failure to observe the time limits specified in these procedures shall not nullify any proceedings, but such failure may be a good cause for a hearing to be adjourned.
4.5.2. However in the following cases compliance with the specified time limit is mandatory, and failure to comply will render any proceedings, application or appeal void:
a) A citing must be made within the time limit specified in these Regulations;
b) An appeal must be made strictly within the time and in accordance with the procedures specified in these Regulations; and
c) An appeal against the award of a yellow card must be made within the time limit specified in Appendix 1 of these Regulations
unless there are exceptional circumstances and the RFU Disciplinary Officer in his discretion allows it.
5. Case Management
5.1. Constitution of Panel
RFU
5.1.1. The RFU Disciplinary Officer, the RFU Disciplinary Manager or the RFU Company Secretary and Legal Officer shall appoint a panel to hold an inquiry or inquiries and impose sanction upon or take such action as it sees fit in all cases excluded from the delegation to Constituent Bodies, and in Rule 5.12 cases.
5.1.2. An RFU Disciplinary Panel, when not a judicial officer, shall normally comprise a Chairman who is legally qualified, a player or ex-player, and an experienced administrator. These requirements may be varied if the RFU Disciplinary Officer, the RFU Disciplinary Manager or the RFU Company Secretary and Legal Officer decides in his absolute discretion that variation is appropriate or necessary. Exceptionally a hearing may proceed with a panel of two provided that all parties to the case first agree.
5.1.3. Cases referred under the RFU’s Child Protection Policy shall be heard by the RFU Disciplinary Officer, or a professional/professionals experienced in child protection issues.
Constituent Body
5.1.4. A Constituent Body Disciplinary Panel shall be chaired by that Constituent Body’s Disciplinary Chairman or his appointee who must be accredited to sit in that capacity by the RFU. If possible members of Panels should also be accredited but this requirement is not mandatory.
5.1.5. No active Referee, nor any person with an interest in the proceedings shall be permitted to sit on a Constituent Body Disciplinary Panel. Without prejudice to the generality of that prohibition no member of the Club of which the player appearing is also a member, nor a member of that Club's opponents on the day the events occurred which are the subject of the inquiry shall take part in the Panel's proceedings other than as an advocate or witness.
5.1.6. The quorum for a Constituent Body Disciplinary Panel shall normally be three members, one of whom may be a Secretary but exceptionally the hearing may proceed with a panel of two provided that all parties first agree.
5.2. Guilty Plea - If the player accepts that he committed the offence specified in the Referee’s Report, and requests that the matter be dealt with in his absence then he may provide a written statement of mitigation including representations as to the appropriate entry point for the relevant sanction in Appendix 2. In determining the penalty, the Disciplinary Panel is entitled to take into account the fact that the player pleaded guilty by post as an off field mitigating factor.
5.3. Attendance of Witnesses
5.3.1. It shall be the duty of the RFU Disciplinary Manager or the Constituent Body Disciplinary Secretary (as appropriate):-
a) To notify the Referee (or the Touch Judge or Referee's Advisor where relevant) of the date, time and place of the hearing if his attendance is required;
b) In a case of citing or a Rule 5.12 case to notify any person, persons, Club, Union or Affiliated Organisation making the complaint of the date, time and place of the hearing and provide a copy of the Notice of Hearing and any representations made by the person, player or Club against whom the citing or complaint is made.
5.3.2. It shall be the duty of any person, persons, Club, Union or Affiliated Organisation in the case of a citing or a Rule 5.12 case, making a complaint to notify and arrange the attendance of any witnesses he or they may wish to call in support of the complaint.
5.3.3. It shall be the duty of the person, player or Club facing any complaint to notify and arrange the attendance of any witness he or they may wish to call.
5.3.4. The Club is ultimately responsible for ensuring that any of its members who are called to attend a hearing have all the relevant paperwork and attend the hearing.
5.4. Administrative fees
5.4.1. A Disciplinary Panel may:
a) require the Club or a player who has been dismissed from the field of play to pay an administrative fee after the hearing, and
b) require a person or Club lodging a complaint under Rule 5.12 or seeking to cite a player similarly to pay such a fee on lodging the complaint or making the citation and/or after the hearing.
5.4.2. Where a Disciplinary Panel has determined in favour of a person, player or Club and considers it is fair and equitable to do so the fee may be reimbursed upon the conclusion of the hearing.
5.4.3. Nothing in this section shall affect the operation of paragraph 8.3 below.
5.5. Presumption of innocence and player availability
5.5.1. The Referee is the sole judge of fact and law during the match, but where after the match his decision is challenged, there is a presumption of innocence, i.e. the player is innocent until proved guilty on the balance of probabilities.
5.5.2. Subject to any suspension which may be imposed upon a player by his Club or by a Disciplinary Panel a player who has been sent off or cited may continue to play in any English domestic match until his case is determined by a Disciplinary Panel. However a player will not be permitted to play in an international, European Rugby Cup match or any other match involving Clubs from different Unions governed by iRB Rule 17 until the final determination of his case.
5.5.3. Where the decision appealed against involves suspension and an appeal is lodged within the period allowed the suspension shall not take effect pending the determination of the appeal. However a player will not be permitted to play in an international, European Rugby Cup match or any other match involving Clubs from different Unions governed by iRB Rule 17 until the final determination of his case.
5.5.4. Where the RFU Disciplinary Officer or President of the RFU appeals pursuant to paragraph 2.6.4 a player may play pending the hearing of the appeal if the period of suspension has expired or if no suspension was imposed by the original Disciplinary Panel.
5.6. Directions
5.6.1. If before a hearing it becomes apparent to the chairman of the Disciplinary Panel that the case will involve specialist (e.g. medical) evidence, or has elements which are unusual or difficult, he may, with or without a preliminary hearing, issue an order for directions setting out a timetable for the exchange of information and evidence, witness statements and/or skeleton arguments in order that the hearing of the case itself may be properly and fairly conducted. If appropriate a chairman may make such an order during a hearing prior to granting an adjournment.
5.6.2. A Disciplinary Panel may change any reference to any law of the Game contained in a report or charge sheet before or during a hearing. If the Disciplinary Panel reasonably considers that a change, in the circumstances, would be prejudicial to the player it should hear submissions before deciding whether or not to change.
5.6.3. Reasonable notice of the hearing before the Disciplinary Panel must be given to all persons required or entitled to attend.
5.6.4. Any person appearing before the Disciplinary Panel to answer any charge must be given an accurate copy of any document setting out the complaint against him (or his Club if he represents a Club) and any documents in the possession of the Disciplinary Panel relevant to the hearing as soon as practicable.
5.6.5. Where a player is sent off, cited or is the subject of a complaint under Rule 5.12, and video (or DVD) footage has been taken of the match in which the incident in question occurred (the “Match Video”), any Club which took or commissioned the Match Video shall forward a copy of it as soon as possible to the Disciplinary Panel with jurisdiction over the case.
5.6.6. Paragraph 5.6.5 shall apply regardless of whether the player appearing before the Disciplinary Panel is a member of the Club which took or commissioned the Match Video.
5.6.7. Where there is video footage of the incident complained of, and a Disciplinary Panel has advised a player appearing before the Disciplinary Panel or his Club that it does not have the required equipment for the showing of the video (or DVD as the case may be) it is the responsibility of that player or his Club to provide and install the required equipment.
6. Procedure at Hearing
6.1. Adjournment
6.1.1. Any person appearing before the Disciplinary Panel as a party (as opposed to attending as a witness) must be made aware in advance of the hearing of the charges to be answered and the need where appropriate to adduce evidence in corroboration or rebuttal in answering the charges. If such a person appearing before the Disciplinary Panel has not been given reasonable notice of the charges or any of them, the Disciplinary Panel should consider sympathetically a request for an adjournment.
6.1.2. In the event of a person, player or Club having been given due notice failing to attend a hearing and failing also to invite the Disciplinary Panel to deal with the case in his absence in accordance with paragraph 5.2 above, the case may be adjourned.
6.1.3. After reasonable attempts have been made to agree a date, the individual will be advised in writing that, unless a satisfactory reason can be given, his attendance is required at the adjourned hearing.
6.1.4. Should the individual, without good reason, fail to attend the adjourned hearing, the Disciplinary Panel shall have discretion whether to hear the case in his absence or to adjourn the case further.
6.1.5. At any adjourned hearing at which a player does not attend, a Disciplinary Panel, if it decides not to hear the case, may suspend a player until such time as he appears in which event every reasonable attempt will be made to agree with the player the date for a further hearing.
6.1.6. Alternatively, at an adjourned hearing of which the Disciplinary Panel is satisfied that an absent player received due notice, the Panel may find him guilty in his absence and impose an appropriate penalty.
6.1.7. Where the person appearing before a Disciplinary Panel is or is likely to be subject to civil or criminal proceedings arising from the circumstances which are the subject of the case, the Disciplinary Panel will decide whether it is in the interests of the Game to proceed. If it does not proceed to hear the case and adjourns the matter until the conclusion of the criminal proceedings, it may impose a temporary suspension on the player against whom the allegations are made. Before so doing the Disciplinary Panel must first give the player the opportunity to make representations about temporary suspension.
6.1.8. The responsibility for determining the date of a hearing rests solely with the chairman of the Disciplinary Panel, whose decision is final.
6.2. Presentation of Case
6.2.1. In cases of a citing or a Rule 5.12 case, the person, persons, Club, Union or Affiliated Organisation making the complaint shall be invited to present the case and call any witness or evidence to establish the complaint.
6.2.2. The RFU Disciplinary Manager or the Chairman of the Constituent Body Disciplinary Committee may appoint a person to assist with the prosecution of any case or appeal. Such an appointment will be normal in cases of Match Official abuse.
6.2.3. A person or player is entitled to be represented or assisted by one person of his or her choice.
6.2.4. In addition to Club Officers or Members, that Club may be represented or assisted by one person of its choice.
6.2.5. All parties must be given the opportunity to state their case in full and to challenge any evidence given or respond to it.
6.3. Order of Proceedings
6.3.1. The Disciplinary Panel must follow the laid down procedures, and shall ensure that any person appearing before the Disciplinary Panel is fully aware of those procedures. The chairman of the Disciplinary Panel should explain the procedure before a hearing commences and give a person appearing before the Disciplinary Panel an opportunity to ask questions on matters of procedure which are not clear.
6.3.2. A person (or representative of the Club) whose conduct is the subject of the inquiry is entitled to be present throughout the proceedings except during the deliberations of the Disciplinary Panel as described in paragraph 6.3.13 below.
6.3.3. The paragraphs below should be read in conjunction with Appendix 4, where further explanation is required.
6.3.4. The Referee’s Report will be read, or details of the conduct alleged or the citing will be explained.
6.3.5. The person, player or Club appearing before the Disciplinary Panel shall be asked whether the allegations being the subject of the enquiry or hearing ("the allegations") are admitted.
6.3.6. At this stage (or at any other stage considered appropriate by the Disciplinary Panel) a video (or DVD), when available, will normally be shown.
6.3.7. If the allegations are not admitted the Disciplinary Panel will hear the evidence in the following sequence:
a) the Referee and/or Touch Judge will be invited to comment upon his Report,
b) the Referee's Advisor's evidence (if applicable) and any evidence in support of the Referee’s Report will be heard;
c) witnesses supporting the allegation will be heard;
d) the person, player or Club against whom the allegations are made shall be entitled to give and to call evidence in rebuttal.
6.3.8. Before being called, witnesses should be asked to retire whilst evidence is being given, but may remain in the room when their evidence is concluded, if they so wish.
6.3.9. Questions may be put to each witness upon the conclusion of his/her evidence by or at the request of the party appearing to make or to answer the allegations, or by any member of the Disciplinary Panel.
6.3.10. Evidence of the player's previous disciplinary record will not be given until after a finding of fact has been made.
6.3.11. In cases of citing or a Rule 5.12 case, the person representing the Union or Affiliated Organisation responsible for the citing or the person (if any) making the allegations shall have the right to address the Disciplinary Panel, but in all cases the person, player or Club answering the allegations shall have the right of the last word.
6.3.12. In the case of a Match Official reporting abuse, a Disciplinary Panel shall always hear the case as if the person(s) named in the report had been sent off.
6.3.13. The Chairman will then invite all persons other than the members of the Disciplinary Panel to retire whilst the Panel considers its decision in private. The person charged has no right of access to the deliberations of the Panel.
6.3.14. If the allegations are admitted or proved to the satisfaction of the Disciplinary Panel then:
a) The person, player or Club facing the allegations may call evidence as to character and address the Disciplinary Panel in mitigation. No other person may address the Disciplinary Panel as of right but the Disciplinary Panel may seek such further information as it requires from any party.
b) A player's previous disciplinary record should be ascertained. The punishment should be consistent with similar cases but the Disciplinary Panel should take into consideration a person's previous record and behaviour.
c) The Chairman will again invite all persons other than the members of the Disciplinary Panel to retire whilst the Panel considers the penalty to be imposed under the provisions of paragraph 8.2 of these Regulations.
6.4. Natural Justice and Fairness
6.4.1. The overriding consideration in the conduct of disciplinary procedures are that they should be fair and just.
6.4.2. It must always be borne in mind that a Disciplinary Panel is not a court of law and those appearing before it may not be trained advocates and must therefore in the interests of achieving a just and fair result be given every assistance and latitude in presenting their submissions. All procedural and technical considerations must take second place to the paramount object of being as just and fair to all parties as is consistent with a duty to the Game. The Disciplinary Panel must at all times observe the rules of natural justice.
6.4.3. A Disciplinary Panel must be:
a) impartial (that is, free of prejudice or bias and not have an interest in the outcome, other than to see that the decision is fair); and
b) careful and thorough in their consideration of the procedures and evidence.
6.4.4. Proceedings, findings or decisions of a Disciplinary Panel shall not be invalidated by reason of any minor defect, irregularity, omission or technicality unless such defect, irregularity, omission or technicality raises a material doubt as to the reliability of the proceedings, findings or decisions.
6.4.5. All decisions, together with the reasons for those decisions, should be recorded in writing by the Disciplinary Panel as set out in paragraph 8.2.10 below.
6.5. Standard of Proof
6.5.1. The standard of proof in disciplinary cases is the balance of probabilities and not, as in a criminal court, beyond reasonable doubt. The balance of probabilities means that, having heard all the evidence and using their experience in the Game to help them to decide what was most likely to have occurred in the circumstances before them, the Disciplinary Panel believes that it is more likely than not that the offence is proved.
6.5.2. The balance of probabilities is a sliding scale: the more serious the allegation, the less likely it is that the event occurred and hence the stronger the evidence needed that it did occur.
7. Evidence
7.1. Witness Evidence
Match Referee
7.1.1. The provisions of this paragraph 7.1 shall apply equally to the evidence or report of a Touch Judge who has been independently appointed by the RFU or by a Referee Society, as they do to the match Referee.
7.1.2. Aside from cases of Match Official abuse, the match Referee is not a party to disciplinary proceedings. Instead, he is an independent eye-witness of what occurred, and his evidence or report carries considerable weight.
7.1.3. If a player appearing before a Disciplinary Panel wishes to challenge the match Referee’s Report, he must request the match Referee’s attendance at the hearing. Once the match Referee’s attendance has been requested, the player may challenge his report irrespective of whether the match Referee is actually able to attend the hearing.
7.1.4. If the match Referee is unable to attend the hearing in person, then he may give his evidence by video-link or by telephone conference, provided that members of the Disciplinary Panel, the player, and the player’s representative can hear the questions being asked and the answers that are given.
7.1.5. When the match Referee is not present at the disciplinary hearing, and cannot be reached by telephone or by video-link in accordance with paragraph 7.1.4 above, then subject to paragraph 7.1.6 below, a Disciplinary Panel shall seek the best evidence of the events in issue. This would normally be an eye-witness account in accordance with paragraph 7.1.7 below.
7.1.6. A Disciplinary Panel has discretion to adjourn a hearing in order to obtain the attendance of the match Referee if doing so it is likely to be reasonably practicable and is likely to resolve or clarify a conflict of evidence.
Other Eye-Witnesses
7.1.7. Witnesses should, whenever reasonably possible, attend the hearing in person to give oral evidence.
7.1.8. Written evidence from witnesses may be received, and is equally valid as oral testimony if it is not challenged, but save in exceptional circumstances written evidence will carry less weight than oral testimony.
7.1.9. Hearsay evidence is permitted but it should be treated with caution as its reliability cannot be tested by cross-examination.
7.1.10. A Disciplinary Panel has discretion to adjourn a hearing in order to obtain the attendance of a witness at that hearing if it is likely to be reasonably practicable to do so and is likely to resolve or clarify a conflict of evidence.
7.1.11. Any person or Club who wilfully misleads a Disciplinary Panel will be liable to be made the subject of disciplinary action under RFU Rule 5.12.
7.2. Video Evidence
Production and Admissibility of video evidence
7.2.1. Where the Match Video is in the possession or control of the Club of which the player appearing before the hearing is a member, and, without reasonable excuse, the Match Video is not produced to the Disciplinary Panel, the Disciplinary Panel shall be entitled to infer that the Match Video is unfavourable to the player.
7.2.2. As well as the Match Video, a Disciplinary Panel shall be entitled to consider other video evidence from any source, including but not limited to footage commissioned by a Referee Society, Referee Group or Match Official as part of a Match Official’s development and training. Should any such footage be in existence, then the Referee shall be obliged to provide it to the Disciplinary Panel.
7.2.3. Where the authenticity of a Match Video or other video evidence is challenged, it is for whoever produces that Match Video or other video evidence to satisfy the Disciplinary Panel that the footage of the incident being investigated has not been edited or altered in any way.
7.2.4. Where the production of the Match Video or other video evidence is delayed, a Disciplinary Panel may:
a) decline to accept that evidence; or
b) adjourn the hearing (at the expense of the party responsible for the production of the video) if it feels that the other party is, or may be prejudiced.
Viewing of the Match Video or Other Video Evidence
7.2.5. Where a Match Video or other video evidence is available, it should be viewed immediately after the match Referee’s Report has been read and after the player has indicated his plea, or at any other time during the proceedings, when considered appropriate by the Panel.
7.2.6. The footage shall be shown without sound or commentary unless the disciplinary panel rules that the sound is relevant to their considerations.
7.2.7. The Match Video or other Video evidence, like any other evidence, should be given the weight considered appropriate by the Panel.
7.2.8. The Match Video or other Video evidence does provide a contemporaneous view of events, although members of the Disciplinary Panel should bear in mind that the video does not necessarily give the full picture, and that camera angles and foreshortening can result in a misleading impression being given.
7.2.9. After the screening of the Match Video or other video evidence, the Chairman or other members of the Disciplinary Panel may ask such further questions as they deem appropriate of those (if any) who have given evidence prior to the screening of the footage. |
