Fanovai Tangimana citing dismissed.
The Timisoara Saracens wing, Fanovai Tangimana, has had a citing complaint against him dismissed following an independent Disciplinary Hearing arising from his club’s Continental Shield play-off, first leg match against Heidelberger RK at Dan Paltinisanu Stadium on 31 March.
Tangimana was cited for an alleged dangerous tackle on the Heidelberger RK replacement, Jarrid Els, in the 73rd minute of the match in contravention of Law 9.13.
Law 9.13 Dangerous Tackling
Under World Rugby's Sanctions for Foul Play, Law 9.13 carries the following sanction entry points – Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.
The independent Judicial Officer, Roger Morris (Wales), heard evidence and submissions by video conference from Tangimana, who pleaded not guilty to the charge, and from the EPCR Disciplinary Officer, Liam McTiernan.
The Judicial Officer determined that the contact between the hand/arm of Tangimana and the head of Els was accidental, and did not constitute foul play. The citing complaint was therefore dismissed and Tangimana is free to play.
a) The independent Disciplinary Committee or independent Judicial Officer are chosen by the chairman of the independent Disciplinary Panel, Mike Hamlin.
b) EPCR's Disciplinary Officer presents the case against the player.
c) If a decision is upheld, the Disciplinary Committee or Judicial Officer will be required to consider the appropriate sanction under World Rugby's sanctioning regime, which EPCR is obliged to follow. The seriousness of the player's actions will be first assessed in order to determine which of the three stipulated entry points (low end, mid-range and top end) is the most appropriate.
d) The Disciplinary Committee or Judicial Officer will determine the appropriate entry point based on an assessment of a number of particular characteristics of the player's actions, including whether or not they were intentional, whether or not they caused any injuries and whether or not they had any effect on the relevant match.
e) After deciding the entry point, the Disciplinary Committee or Judicial Officer will then consider whether the suspension should be increased from the entry point to take account of certain specified aggravating factors, such as a poor disciplinary record or the need for deterrence, and/or decreased from the entry point to take account of certain specified mitigating actions, such as a guilty plea, a good disciplinary record, the player's conduct at the hearing and expressions of remorse.
f) A suspension is a blanket ban from playing rugby union anywhere in the world. Players are suspended on the basis that a one-week period of suspension would ordinarily result in a player missing one match. Suspensions take into account periods of inactivity (such as the close season), periods when a player is injured or otherwise not fit to play, and when a player is not available or not expected to play. Suspensions should also take into account any out-of-season matches which are not considered to be meaningful, or which are not close enough to the season to be a determining factor in a player’s future selection.
g) Both parties to the hearing (EPCR and the player) have the right to appeal decisions. Appeals must be lodged within three (3) working days of receiving the full written decision of the Disciplinary Committee or Judicial Officer.
h) The full written decision will be available on www.epcrugby.com/discipline/decisions.php when the disciplinary process is complete.
i) For World Rugby's Sanctions for Foul Play, found at Appendix 1 to World Rugby Regulation 17, please go to www.worldrugby.org