published on behalf of an independent Disciplinary Committee Jerome Kaino suspended for five weeks The Toulouse No 8, Jerome Kaino, has been suspended for five weeks following an independent Disciplinary Hearing in Paris today (Wednesday, 17 October) arising from his club’s Heineken Champions Cup, Round 1 match against Bath Rugby at the Recreation Ground. Kaino was cited by the match Citing Commissioner, Eugene Ryan (Ireland), for striking the Bath Rugby centre, Jamie Roberts, with his shoulder in the 39^th minute of the match in contravention of Law 9.12. Law 9.12 Striking with the shoulder Under World Rugby’s Sanctions for Foul Play, Law 9.12 carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks. An independent Disciplinary Committee consisting of Sam Hillas (England), Chair, Marcello d’Orey (Portugal) and Tony Wheat (England), heard evidence and submissions from Kaino, who pleaded not guilty to the offence, from Toulouse coach, Régis Sonnes, and from the EPCR Disciplinary Officer, Liam McTiernan. The Committee upheld the citing complaint as it determined that Kaino had committed an act of foul play that warranted a red card. On the basis that the incident involved contact to the head, the Committee was obliged under World Rugby regulations to find that the offence was at least at the mid-range of the sanctions and six weeks was selected as the appropriate entry point. In the absence of a guilty plea, but in consideration of the player’s good conduct at the hearing, the Committee decided to reduce the sanction by one week before imposing a five-week suspension. Kaino is free to play on Monday, 3 December. Both he and EPCR have the right to appeal the decision. Lucas Pointud suspended for four weeks The Toulouse prop, Lucas Pointud, has been suspended for four weeks following an independent Disciplinary Hearing in Paris today (Wednesday, 17 October) arising from his club’s Heineken Champions Cup, Round 1 match against Bath Rugby at the Recreation Ground. Pointud was cited by the match Citing Commissioner, Eugene Ryan (Ireland), for striking the Bath Rugby prop, Nathan Catt, with his head in the 50^th minute of the match in contravention of Law 9.12 An independent Disciplinary Committee consisting of Pam Woodman (Scotland), Chair, Marcello d’Orey (Portugal) and John Greenwood (England), heard evidence and submissions from Pointud, who pleaded not guilty to the charge, from the Toulouse coach, Régis Sonnes, and from the EPCR Disciplinary Officer, Liam McTiernan. After due consideration, the Committee upheld the complaint, determining that Pointud had in fact struck Catt’s head with his shoulder and that the act of foul play warranted a red card. Law 9.12 Striking with the shoulder Under World Rugby’s Sanctions for Foul Play, Law 9.12 carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks. On the basis that the incident involved contact to the head, the Committee was obliged under World Rugby regulations to find that the offence was at least at the mid-range of the sanctions and six weeks was selected as the appropriate entry point. Despite the fact that there were some mitigating factors, the absence of a guilty plea meant that the Committee could not reduce the sanction by the maximum allowed of 50% and a four-week suspension was imposed. Pointud is free to play on Monday, 26 November. Both he and EPCR have the right to appeal the decision. Notes (i) Red Cards a) The case of any player sent off in Heineken Champions Cup and Challenge Cup matches shall be adjudicated by an independent Disciplinary Committee or an independent Judicial Officer as soon as is practicable. b) Until the hearing the player is ineligible to play in any tournament. (ii) Citing Commissioners a) Citing Commissioners are appointed by EPCR for all Heineken Champions Cup and Challenge Cup matches and shall be entitled to cite a player for any act or acts of Foul Play that in the Citing Commissioner's opinion warranted a red card. b) For such matches, clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 26 hours of the start of the match. c) The Citing Commissioner will have 50 hours from the start of the match to make a citing. In certain circumstances this deadline can be extended. d) The tournament Disciplinary Officer may forward the submitted citing to a Citing Officer to determine whether there are sufficient grounds for the citing to progress. e) The Disciplinary Officer will then bring a charge against the cited player. (iii) Disciplinary Hearing 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 (lower 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 epcrugby.com/discipline/hearing-decisions when the disciplinary process is complete. i) For World Rugby's Sanctions for Foul Play, found at Appendix 1 to World Rugby Regulation 17, go to www.world.rugby