11.            Constituent Body and RFU Appeals
11.1.         Powers of Appeal Panel
11.1.1.      An Appeal Panel has the power to:

a) quash a finding and any sanction imposed by the original disciplinary panel; and/or
b) substitute an alternative finding; and/or
c) reduce or increase the original sanction.  

11.1.2.       Any sanction or suspension imposed or confirmed or varied by the Appeal Panel shall normally commence on the day following the date of the appeal, but may be delayed to take account of the closed season or other relevant factors, or backdated if the player has not played since the incident.
11.1.3.       The Appellant should bear in mind that a de novo hearing shall only be permitted at the Chairman’s discretion, if there is new evidence available.
11.2.          Notice of Appeal
11.2.1.       The Appellant shall serve Notice of Appeal in writing and, in the case of a player, signed by him, upon the RFU Disciplinary Manager.
11.2.2.       The Notice of Appeal shall state:

a) the date and decision of the Disciplinary Panel against which the appeal is lodged; and
b) the statement of facts upon which the appeal is based, specifying whether the appeal is against the finding and/or the sanction imposed.

11.2.3.        The Notice of Appeal shall be served upon the RFU Disciplinary Manager no later than 10.00am on the fourteenth day following the date of the delivery of the written notification of the disciplinary decision against which the appeal is lodged except in the case of the Premiership where an appeal must (unless the RFU Disciplinary Officer in his discretion determines otherwise) be lodged within 24 hours of the finding which is being appealed against.
11.2.4.         For the purposes of paragraph 11.2.3, the written notification of the disciplinary decision will be deemed to have been delivered:

(a) when it is handed to the Appellant at the end of the disciplinary hearing; or
(b) the second day after it has been sent by first class post to the Appellant; or (c) where written notification is served by electronic means, on the second day after the day on which it is transmitted.

11.2.5.          For the purposes of paragraph 11.2.3, the Notice of Appeal will be deemed to have been served:

(a) the second day after it has been sent by first class post by the Appellant; or
(b) where it has been sent by fax, if it is transmitted by on a business day before 4pm, on that day, or in any other case, on the business day after the day on which it is transmitted.
(c) where written notification is served by electronic means, on the second day after the day on which it is transmitted.

11.2.6.           In case of dispute the burden shall be on the Appellant to produce the certificate of posting or confirmation of transmission as appropriate.
11.2.7.           An appeal once validly lodged cannot be withdrawn but must be adjudicated upon by an Appeal Panel, unless the RFU Disciplinary Officer grants permission for the appeal to be withdrawn.
11.3.              Appeal Fee
11.3.1.           The Notice of Appeal shall be accompanied by a cheque for the sum specified in Appendix 6 (“the relevant payment”), to contribute towards administration expenses. 
11.3.2.           Where an appeal is lodged by email or fax, the relevant payment must be received no later than first post on the third day following receipt by the RFU of the email or fax.
11.3.3.           Any Notice of Appeal which is not accompanied by the relevant payment as described in paragraphs 11.3.1 and 11.3.2 above shall be void.
11.3.4.           The relevant payment may, at the Appeal Panel’s discretion, be returned to the Appellant in whole or in part. This includes (but is not limited to) circumstances where the Appeal is against sentence only and is heard in the Appellant’s absence, or where the appeal is successful.
11.3.5.           Nothing in this section shall restrict the power of the Appeal Panel to order the Appellant to make further payments to cover the costs of the appeal in addition to the relevant payment.
11.4.              Case Management

Hearing Date

11.4.1.          The hearing date shall be set by the Chairman of the Appeal Panel and should be the earliest convenient date.

Preparation for the Hearing

11.4.2.          The RFU Disciplinary Manager shall prepare and provide for each member of the Appeal Panel either in advance or on the day of the hearing a pack of documents containing:

a) a copy of the Notice of Appeal; and
b) (where relevant) a copy of the Referee’s Report; and
c) A copy of any other relevant documents, which shall include any written statements submitted to the original Disciplinary Panel and a copy of their judgment.

11.5.               Procedure at Hearing

Standard of Proof

11.5.1.            As at the original hearing, the standard of proof to be applied is the balance of probabilities.  In order to succeed on appeal, the Appellant must prove on the balance of probabilities that the decision appealed against was wrong.

Attendees

11.5.2.           The Appellant shall have the right to be present in person at the hearing of his Appeal unless he elects to invite the Appeal Panel to review his sanction in his absence. Except in such cases he may be represented and the person representing him may be present throughout the hearing.
11.5.3.           The Referee (or Touch Judge, in the case of abuse of a Match Official), or a Referee’s Advisor if one was present at the match in question) shall be invited to attend where there is an issue of fact to be determined and in any case where the President of the RFU, the chairman of the Appeal Panel or the RFU Disciplinary Officer consider it desirable. If the Referee, Touch Judge or Referee’s Advisor are unable to attend the hearing may proceed in their absence.
11.5.4.            A member of the original panel which heard the case at first instance may attend the appeal hearing as an observer.  He may give evidence at the appeal hearing about the first hearing where it becomes apparent that the appellant or any witnesses have changed their account of what had occurred.
11.5.5.            The RFU Disciplinary Manager/Constituent Body Disciplinary Secretary (or his nominee) shall be in attendance and shall record the decision.
11.5.6.            Where there is media interest in the outcome of the hearing, the RFU will ensure a press liaison officer is present.  Chairmen and members of Disciplinary Panels should not normally discuss the case with the media without advice from the press liaison officer.
Special provisions in citing cases or Rule 5.12 cases
11.5.7.            Where the appeal is against a decision which followed a citing or in a Rule 5.12 case not arising from a player being sent off ("a citing case") the Club, Union or affiliated organisation or person responsible for the complaint shall be entitled to a copy of the documents referred to in paragraph 18.2 and shall be invited to attend the hearing of the appeal to prosecute the case.
11.5.8.            In a citing case the affiliated organisation or person responsible for the citing or complaint shall be entitled to be present throughout the hearing and call witnesses in a manner similar to the Appellant. The Complainant shall call his evidence first.
11.6.               Appeal Panel Constitution
Appeal from a decision of the RFU Disciplinary Panel (“RFU Appeal”)
11.6.1.            An RFU Appeal shall be heard either by:

a) An independent (i.e. not being a member of the RFU Council) lawyer, sitting alone; or
b)  An Appeal Panel chaired by an independent (i.e. not being a member of the RFU Council) lawyer, and consisting of at least two but not more than four others who may be Members of the RFU Council.

11.6.2.            RFU Appeals will normally be heard by an independent lawyer in accordance with paragraph (a) above, but where the RFU Disciplinary Officer (using his inherent powers) determines that matters are likely to be technically complicated, should be an Appeal Panel in accordance with paragraph (b).
11.6.3.            Representatives from Constituent Bodies involved in the case shall not be appointed to sit on an Appeal Panel.
11.6.4.            No more than one member shall be nominated from the same Constituent Body. 

Appeal from a decision of a Constituent Body Panel (“Constituent Body Appeal”)

11.6.5.             A Constituent Body Appeal shall always be to an Appeal Panel consisting of no fewer than three and not more than five members, who may be RFU Council Members.
11.6.6.             Representatives from Constituent Bodies involved in the case shall not be appointed to sit on an appeal panel. 
11.6.7.             No more than one member shall be nominated from the same Constituent Body. 
11.7.                Order of Proceedings
11.7.1.             The independent lawyer or the chairman of the Appeal Panel may give directions as to the procedure and the evidence to be adduced to limit the issues to be adjudicated upon or for the more efficient determination of the hearing.  He shall be entitled to regulate the appeal procedure and depart from the procedures set out below if he deems it appropriate to do so.
11.7.2.              Where the original decision was taken on the papers or by way of preliminary hearing, the Appeal Panel shall have the discretion to quash the decision and refer the case back to the original panel for consideration.
11.7.3.               If in advance of the day of the hearing itself, the Appellant makes submissions requesting a rehearing of his case, and the independent lawyer or chairman considers it appropriate, a de novo hearing may be held. This would normally only be the case where new evidence arises.
11.7.4.              The chairman shall introduce all parties and explain the procedure.
11.7.5.              The Appellant, Referee, Touch Judge and the Referee's Advisor (if present) and any other parties whom the chairman considers appropriate may be present throughout the hearing in accordance with paragraph 11.5.2 above.  In an appeal against a decision in a citing or a Rule 5.12 case, the party making the complaint or citing may also be present throughout the hearing. Other witnesses should be asked to withdraw. Witnesses who have given evidence may remain in the hearing until the Appeal Panel considers its decision.
11.7.6.               Where the appeal is against a finding of fact, the evidence against the Appellant shall be called first.
11.7.7.               The Appellant may then call witnesses in support of his case.
11.7.8.               At the discretion of the chairman, additional evidence may be presented by the Appellant irrespective of whether or not the additional evidence was available to the Appellant or by reasonable enquiry could have been made available to the Appellant at the time of the original hearing.
11.7.9.               In a citing case the affiliated organisation or person responsible for the citing or complaint shall be entitled to be present throughout the hearing and call witnesses in a manner similar to the Appellant. The complainant shall call his evidence first.
11.7.10.             The Appeal Panel shall have discretion to hear any further witnesses and to seek such other evidence as they consider will be of assistance in reaching a fair and correct decision.
11.7.11.             The Appeal Panel may question:

a) the Appellant;
b) witnesses who have given evidence against the Appellant; and
c) any further witnesses called in accordance with paragraph 11.7.10 above.

11.7.12.              In cases of Match Official abuse, the Referee or where relevant the Touch Judge or the Referee's Advisor may, through the Chairman of the Appeal Panel, question:

(a) the Appellant; and
(b)  witnesses who have given evidence against the Appellant.

11.7.13.              The chairman shall invite the Referee to make any final comment but the Appellant shall be given the right of the last word.
11.7.14.              The chairman shall then invite all persons other than the Appeal Panel and its Secretary to retire whilst the Appeal Panel considers its decision. The Appeal Panel shall reach a decision on a majority vote with the chairman having the casting vote in event of equality.
11.7.15.               All those who have attended or participated in the Hearing will be invited to return when the chairman will announce his decision.
11.8.                    Appeal Panel Finding - The chairman or secretary of the Appeal Panel shall at, or as soon as possible after, the conclusion of the hearing deliver a written judgment to the RFU Disciplinary Manager.
11.9.                    Notification of Decision and Duty to Give Reasons - The RFU Disciplinary Manager will within four days of the conclusion of the appeal hearing communicate the decision together with a copy of the written judgment t

a) The Appellant;
b) The secretary of the Constituent Body concerned;
c) The secretary of the Club to which the Appellant belongs, or the Appellant Club;
d) The secretary of the Referees' Society to which the Referee belongs, or to the Referee if he is not a member of a Referees' Society; and
e) In citing cases, the Club, Union or Affiliated Organisation making the complaint.

11.10.                Costs
11.10.1.             Costs shall be payable by the Appellant in accordance with the table in Appendix 6 below, except where the Appeal Panel considers the appeal frivolous or vexatious, in which case the Appeal Panel shall have the discretion to direct the Appellant to pay the costs of the appeal.
11.10.2.             Whilst the Appeal Panel shall have discretion in this regard, an unsuccessful Appellant will normally

a) the Appellant;
b) witnesses who have given evidence against the Appellant; and
c) any further witnesses called in accordance with paragraph 11.7.10 above.

11.7.12.              In cases of Match Official abuse, the Referee or where relevant the Touch Judge or the Referee's Advisor may, through the Chairman of the Appeal Panel, question:

(a) the Appellant; and
(b)  witnesses who have given evidence against the Appellant.

11.7.13.              The chairman shall invite the Referee to make any final comment but the Appellant shall be given the right of the last word.
11.7.14.              The chairman shall then invite all persons other than the Appeal Panel and its Secretary to retire whilst the Appeal Panel considers its decision. The Appeal Panel shall reach a decision on a majority vote with the chairman having the casting vote in event of equality.
11.7.15.               All those who have attended or participated in the Hearing will be invited to return when the chairman will announce his decision.
11.8.                    Appeal Panel Finding - The chairman or secretary of the Appeal Panel shall at, or as soon as possible after, the conclusion of the hearing deliver a written judgment to the RFU Disciplinary Manager.
11.9.                    Notification of Decision and Duty to Give Reasons - The RFU Disciplinary Manager will within four days of the conclusion of the appeal hearing communicate the decision together with a copy of the written judgment t

a) The Appellant;
b) The secretary of the Constituent Body concerned;
c) The secretary of the Club to which the Appellant belongs, or the Appellant Club;
d) The secretary of the Referees' Society to which the Referee belongs, or to the Referee if he is not a member of a Referees' Society; and
e) In citing cases, the Club, Union or Affiliated Organisation making the complaint.
11.10.                Costs
11.10.1.             Costs shall be payable by the Appellant in accordance with the table in Appendix 6 below, except where the Appeal Panel considers the appeal frivolous or vexatious, in which case the Appeal Panel shall have the discretion to direct the Appellant to pay the costs of the appeal.
11.10.2.             Whilst the Appeal Panel shall have discretion in this regard, an unsuccessful Appellant will normally be required to pay the costs of the appeal which shall include the travelling expenses of the Referee and the legal costs of the Union (if any) but not the legal costs of any party to the Appeal.
11.10.3.             The Appellant may be ordered to contribute towards the cost of any independent members of the Panel.  
11.11.                Decision to be final - The decision of an Appeal Panel shall be final and binding upon the parties, and there shall be no further right of appeal from it.
12.                      Competitions Sub-Committee and Organising Committee Appeals
12.1.                   Lodging of Appeal
12.1.1.                If a Club, or either party to the complaint or dispute, or any other person or Club is dissatisfied or aggrieved at the decision of the Competitions Committee, Organising Committee, Executive Director of the FDR, or NCA Executive it may, in writing, within 14 days from the date of the letter informing it of the decision, or such other period as the RFU may from time to time specify, appeal or request a review of the decision in writing to the RFU Disciplinary Manager restating the grounds on which the original appeal or complaint was made.
12.1.2.               Any such appeal must be accompanied by such payment as is specified at  Appendix 6 of these Regulations, which is refundable in the event the appeal is upheld unless the Appeal Panel decides otherwise.
12.2.                  Appeal Procedure (pre-hearing) - The RFU Disciplinary Manager shall refer the complaint to an Appeal Panel for determination.
12.3.                  Appeal Panel’s discretion
12.3.1.               In any hearing the Appeal Panel will deal with the matter by way of re-hearing or such other manner, as it deems appropriate.
12.3.2.               In any appeal, the Appeal Panel shall have discretion only in exceptional circumstances to act in any manner it sees fit provided that it is of the opinion that the application of these Game Regulations has resulted or would result in a perverse and/or unfair outcome.  In all cases where the Appeal Panel exercises that discretion, the Disciplinary Officer (or the President where the Disciplinary Officer chaired the Appeal Panel) must review the decision within 96 hours of receipt of the written judgment to affirm the view of the Appeal Panel.  If the Disciplinary Officer (or the President as the case may be) is of the opinion that the case is not exceptional and the original decision was not perverse and/or unfair he may substitute the original decision for that of the Appeal Panel.  This review process will be by consideration of the papers presented to the Appeal Panel only, there being no right for any party to make any further submissions.
12.3.3.               The Appeal Panel is empowered to decide:

a) whether or not it should hold a hearing; and
b) the time and place of any hearing.

12.3.4.               The Appeal Panel shall, as it deems appropriate, have discretion to decide:

a) the nature of the evidence it would wish to be adduced;
b) the burden of proof required;
c) who (if anybody) should be invited to appear at any hearing; and
d)  and how and when any decision it takes should be acted upon.

12.3.5.               The Appeal Panel will be entitled to seek advice from such other persons (including if it deems it appropriate members of the Committee), as it deems appropriate.
12.3.6.               The Appeal Panel shall have the power to hear evidence from any third party or Club not directly involved in the appeal, if, in the Appeal Panel’s sole and absolute discretion, it is of the view that such third party or Club may be materially or adversely affected by any decision it may make.
12.4.                   Evidence
12.4.1.                Where the appellant wishes to rely upon any evidence which was not placed before the Organising Committee when it took the decision appealed against it must specifically notify the chairman of the Appeals Panel at least 72 hours ahead of the hearing who will do everything reasonably possible to give any other party to the hearing as much notice as possible.
12.4.2.                The chairman of the Appeals Panel may upon receipt of a request to admit further evidence require any hearing to be adjourned and the costs of such adjourned hearing may be ordered by the Chairman to be for the appellant’s account.
12.4.3.                 If further evidence is submitted the chairman of the Appeals Panel will decide as to what weight should be given to it.
12.4.4.                 Any party to an appeal shall provide such information or evidence and within such time as the Appeal Panel shall specify.
12.4.5.                 Upon a party to an appeal failing to provide such information within the time required, the Appeal Panel shall be entitled to refuse to hear that party when considering the appeal.
12.5.                    Decision - The decision of the Appeal Panel, which shall be given within 28 days of all information required by it being supplied, shall be final and binding. It shall be at the sole discretion of the Appeal Panel as to the burden of proof that may be required, as to how the matter before it shall be dealt with and whether or not to grant a personal hearing having regard to the matter, the rules of natural justice, the Human Rights Act, the rights and arguments of the persons or Clubs concerned and the effect(s) and impact of any decision taken upon third parties.
12.6.                     Sanction
12.6.1.                  No sanction will be applied until the appeals procedure has ended.
12.6.2.                  The imposed sanction(s) may be increased as well as decreased on appeal. (This may also apply to an appeal which is deemed to be frivolous).
12.7.                     Costs
12.7.1.                  The Club and/or appellant may be required at the sole discretion of the Appeal Panel to pay the costs of the appeal when a personal hearing is requested and granted.
12.7.2.                  Costs aside from the payment referred to in paragraph 12.1.2 above will not be invoiced until the appeals process has ended. 

APPENDICES

Appendix 1:    Yellow Cards
Appendix 2:    Recommended sanctions
Appendix 3:    Recommended sanctions (Youth)
Appendix 4:    Flow Chart of Disciplinary Hearing Procedure, Specimen Charge Sheet and Draft, andDiscipline Judgment Form & CB Short Judgment Form.
Appendix 5:   List of Hearing Dates/Locations
Appendix 6:   Disciplinary Costs
Appendix 7:   Citing
Appendix 8:   Guidance on the welfare of young people in Rugby Union
Appendix 9:   Disciplinary Guidance Notes
Appendix 10: Additional Anti-Doping Provisions
Appendix 11: Terms of Reference RFU Disciplinary Officer