|
Sussex RFU is required to monitor Clubs' Disciplinary records and
to require them to take such action as is necessary to remedy matters.
The record is assessed by the number of points scored on the Tariff below, which takes into account the number
of teams a club fields, and the weeks ban that is imposed for each
offence, over a two year period.
This action is taken in 3 stages;
1. 12 points (must be from more than one offence)
A letter warning that the record is not acceptable, and
suggesting steps the Club should take.
2. 18 points (must be for more than one offence)
A second letter, detailing steps a club must take immediately to
warn its members of the need .to
improve,
and the consequences of not doing so.
3. 24 points (must be for more than one offence)
The Clubs Officers, and if
appropriate, other administrators, coaches or players, are required to attend
a hearing of the
County Disciplinary Committee, who will consider the Club's
record, and hear
evidence from the Club.
The Committee may impose sanctions including
but not limited to:
...........................Withdrawal
from Competitions
...........................Loss
of League Points,
...........................Banning
specific persons from involvement for a period of time
...........................Banning
a Team, Teams or the whole Club from playing for a period of time.
|
|
(These
notes, which are posted to people appearing at Disciplinary Hearings,, are to help them know what to
expect, and how the system works. They are not a substitute for the RFU rules, found in the RFU Handbook, which every Club Secretary has a copy of.)
Discipline Hearing procedures - Your rights and obligations
How your Club can help – What happens next ?
Your Club must hold a disciplinary meeting -
and may ban you until your case is
heard, or may decide you can continue to play until the hearing. This will not
affect your right to deny the offence, but if found guilty, a suspension starts
from the last game played, not when you were dismissed.
Referee sends a
report to Disciplinary Secretary who contacts your Club
Copy of Referees Report and
notice of the Hearing date and time,
will be sent to you and to your
Club.
If you cannot attend, telephone the County Disciplinary Secretary immediately
and ask advice. We recognise that many players work, evenings, but a hearing
cannot take place without you being present except as below.
Consult your Club Secretary immediately,
decide on your plea,
on who will go to the Hearing with you (normally a Club Officer), and what
witnesses or evidence you will call.
You are asked if you plead Guilty, and in rare circumstances, if you do,
you can be excused attendance at the Hearing, the sanction being notified to you
by Post.
You cannot challenge a Report unless the Referee is present or in
telephone contact so if you intend to
do so, you must tell the Disciplinary Secretary
before the hearing, to ask for the Referee to be
present, (their expenses being paid by
you if you are found guilty). Where a Referee cannot attend, a three-way
telephone conversation can be held, and you can question the report at the
Hearing. You can show Video evidence, subject to RFU rule 7.2).
The Hearing
Is governed by RFU rules,(RFU
Handbook pp 327-363 which all Club Secretaries have) and the
County
Disciplinary Officer as Chairman, assisted by two or more senior ex-players
as panel members, must follow them.
The
County Disciplinary Secretary
is present and takes notes.
A Referees’ Observer
attends but does not
take part in the discussion or deciding the verdict or sanction.
Club Officers will appear with you, and witnesses may be called later.
The Chairman first confirms your details, identifies everyone present and
outlines the procedures. These may seem long-winded, but are necessary to give
you a fair hearing.
You will have several opportunities to give your side of the events.
The Referee’s report will
be read out and you will be asked to admit or deny the offence as stated.
You
must do one or the other – if you agree that something happened but dispute the
details – the plea is Not Guilty.
A Guilty plea may reduce your sentence.
A plea
of Guilty
If you plead Guilty, you accept the
Referees’ report and why you were sent off. Your previous disciplinary record
will be given, and taken into account. You may call witnesses and Club Officers
to give evidence in mitigation. This may be a previously good record, what you
do for the Club, and your playing attitude. The Panel members may question the
witness and ask for more information.
You will be invited to make a final
statement, before everyone except the panel retires. (Now go to
‘Assessing the Penalty’)
A plea of Not Guilty
You will be asked for your account of
the incident, and this may be given by a Club officer for you. If you have
asked for the Referee to be present, or on the telephone, (but not otherwise)
you may challenge the report, by asking direct questions – not by making general
comments. You may call witnesses or produce signed statements from those – (including
opponents)- who saw the incident,
(Giving a misleading witness statement
is a serious offence under RFU Rule 5.12 ) or show Video evidence (RFU rule
7.2).
You and the witnesses will be questioned by the Panel members.
You will be invited to make a final personal statement, before everyone
except the Panel retires .
The panel will then consider the Referees report, and the evidence in
your defence and decide on the verdict ‘on the balance of probabilities’. You
and the other parties are invited back to hear the verdict.
If it is Not Guilty, the hearing is over, and no Disciplinary record will
be incurred by you or your Club.
If it is Guilty, the Secretary will tell the Panel of any previous
disciplinary record. You may then call character witnesses to give evidence in
mitigation. You will then be invited to address the Panel again, before they
consider the Penalty. Everyone, except the Panel, will then withdraw.
How
the Penalty is Assessed
The Chairman and Panel first decide
the seriousness of the offence – and ask what you consider it to be.
.
There are three ‘Entry points’ – Lower End, Mid Range and Top End
|
(Example)
If you have punched a Player the ‘norm’
ranges from:
Lower End - 2 weeks,
Mid Range
– 12 weeks, Top End – 24 weeks,
maximum of 12 months.
Assume that the Panel decide that it is a Mid Range offence and
carries a ‘norm’ of 12 week, they can increase or decrease this sentence by
50% up or down – i.e. between 6 and 18 weeks |
Reasons to decrease -
Pleading Guilty -
Apology to the Referee – Evidence of genuine regret – Conduct post-match and at
the Hearing – Accidental or reckless rather than intentional Conduct –
(Reckless means that you knew it could be illegal or dangerous but went ahead
anyway) - Vulnerability of and effect on the victim – Effect on the result –
Previous playing record -
Provocation or Retaliation - Whether the action was completed or amounted
to an attempt.
Reasons to increase -
Lack of remorse – Intentional conduct – Joining an
incident not originally involving you - Vulnerability of and injury to the
victim – Effect on the result -Previous
disciplinary record – Conduct post-match and at the
Hearing.
The sentence
You and all the other parties will be
invited back to hear the sentence, which is one of two alternatives.
Being sent off is sufficient punishment, if for instance you have
received two yellow cards in a match.
Banning from taking part. This will normally be banning for a number
of weeks, (bans by your Club are taken into account) and you will be told when
you can play again. It can include Playing, Coaching involvement or other
measures
Report of the
Findings and Right of appeal
You will be advised of any special
circumstances taken into account, and that a written report of the hearing will
be sent to you, and of your right of Appeal to the RFU.
A fee is be payable, either by you or your Club, and the sanction will go on
your Club’s Record.
Procedures and sanctions for Junior (U18) players, and for Citings are
different from this procedure.
|
Sussex RFU Disciplinary Secretary
- Mr. Kenny Gordon
Mr. K. Gordon, 13 Kings Place, Horsham, RH13 5RD - 01403 251091
email - disciplinesec@f2s.com)
Chairman, Sussex RFU Disciplinary Committee - Mr. Frank Edmonds,
87
Wordsworth Drive, Eastbourne, BN23 7QP - 01323 763477 (P) (07791 181186 (M)
e-mail - fedmonds@btinternet.com
Hearings are held at various Clubs – the most often used are:
Lewes RFC – 01273 473732, Hove RFC – 01273 505103,
Brighton FC – 01273 562729, Horsham RFC – 01403265027
|
|
