Here are the decisions from the independent disciplinary hearings following Round 4 of the Challenge Cup and Champions Cup

Maks van Dyk citing complaint dismissed

The citing complaint against the Toulouse player, Maks van Dyk, arising from his club’s European Rugby Champions Cup, Round 4 match against Zebre Rugby at Stade Ernest Wallon, has been dismissed following an independent Disciplinary Hearing today (Wednesday, 21 December 2016)

Van Dyk was cited by the match Citing Commissioner, Steve Savage (England), for striking an opponent in the 66^th minute of the match in contravention of Law 10.4 (a).

Law 10.4 (a) Striking another player with a hand, arm or fist
Under World Rugby's Sanctions for Foul Play, Law 10.4 (a) Striking with a hand, arm or fist, carries the following sanction entry points - Low End: 2 weeks; Mid-Range: 5 weeks; Top End: 8 to 52 weeks.

An independent Disciplinary Committee consisting of Jeremy Summers (England), Chairman, John Doubleday (England) and Jean-René Hegoburu (France) heard submissions by video conference from Van Dyk, who pleaded not guilty to the complaint, from the Toulouse Director of Rugby, Fabien Pelous, and from the Toulouse General Manager, Jean-Luc Brumont. The Committee also heard evidence and submissions from the EPCR Disciplinary Officer, Liam McTiernan.

The Committee determined that Van Dyk had committed an act of foul play but found that the offence did not warrant a red card. The citing complaint was therefore dismissed and Van Dyk is free to play.

George Earle suspended for eight weeks

The Cardiff Blues player, George Earle, has been suspended for eight weeks following an independent Disciplinary Hearing in London today (Wednesday, 21 December 2016) arising from his club’s European Rugby Challenge Cup, Round 4 match against Bath Rugby at the Recreation Ground.

Earle was sent off by referee, Alexandre Ruiz (France), for making contact with the eye area of the Bath Rugby flanker, Tom Ellis (No 6), in the 44^th minute of the match in contravention of Law 10.4 (m).

Law 10.4 (m) Acts Contrary to Good Sportsmanship
Under World Rugby's Sanctions for Foul Play, Law 10.4 (m) Contact with eye(s) or eye area, carries the following sanction entry points - Low End: 12 weeks; Mid-Range: 18 weeks; Top End: 24 to 208 weeks.

An independent Disciplinary Committee consisting of Jeremy Summers (England), Chairman, John Doubleday (England) and Jean-René Hegoburu (France) heard submissions and evidence from Earle, who pleaded not guilty to the offence, from the Cardiff Blues Team Manager, Gafyn Cooper, and from the EPCR Disciplinary Officer, Liam McTiernan.

In upholding the red card decision, the Committee found that the offence was at the low end of World Rugby's sanctions and selected 12 weeks as the appropriate entry point. The Committee then added one week to the sanction in accordance with World Rugby’s memorandum on contact with the eyes and/or eye area.

Taking into account Earle’s clean disciplinary record and his apology to Ellis following the match, the Committee decided to reduce the sanction by five weeks before imposing an eight-week suspension.

Earle is free to play on Monday, 13 February 2017. Both the player and EPCR have the right to appeal the decision.

Notes

(i) Red Card
a) The case of any player sent off in European Rugby Champions Cup and Challenge Cup games 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 Commissioner
a) Citing Commissioners are appointed by EPCR for all European Rugby 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, Professor Lorne Crerar.
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.
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/news.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