An Independent Disciplinary Committee met in Dublin today (Wednesday, 13 April, 2011) to hear a Misconduct Complaint against Bourgoin under the 2010 / 2011 Amlin Challenge Cup Disciplinary Rules…

… relating to the Bourgoin v Newcastle Falcons Round 6 Amlin Challenge Cup Pool 3 match originally scheduled to be played on Saturday, 22 January, 2011, at Stade Pierre Rajon.

The match was postponed on 22 January due to an unplayable pitch and rescheduled for Sunday, 23 January, but was not subsequently played following Newcastle Falcons departure before a pitch inspection at 12.00.

At an earlier independent Disciplinary hearing into a Misconduct Complaint against Newcastle Falcons today in Dublin, the match, and five match points, were awarded to Bourgoin on a scoreline of 28-0.

The Misconduct Complaint against Bourgoin was that the club refused and/or failed to use its best endeavours to ensure that the match which was scheduled for 8.45 on 22 January was not postponed (or otherwise rescheduled by ERC) due to adverse weather or venue conditions. More particularly that the club failed and/or refused to have an alternative venue in reserve where the match could have been played. Bourgoin pleaded guilty to the complaint.

The independent Disciplinary Committee, chaired by Robert Williams (Wales) and also comprising Roger Morris (Wales) and Mark McParland (Ireland), upheld the complaint and determined that Bourgoin be banned for one year from ERC competitions, the ban suspended for five years and activated if they commit an act of misconduct of a similar nature. The club was also fined €;75,000 with costs awarded to ERC.

Independent Disciplinary Committee
a) The independent Disciplinary Committee is chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar.
b) The ERC Disciplinary Officer, Roger O'Connor, presents the case against the club
c) Both parties to the hearing (ERC and the club) have the right to appeal decisions of the independent Disciplinary Committee. Appeals must be lodged within 72 hours of receiving the full written decision from the Chairman of the independent Disciplinary Committee
d) The full written decision of the independent Disciplinary Committee will be available on when the disciplinary process is complete.