Citing complaint – Nick Haining (Edinburgh Rugby)

EPCR has received a citing complaint against the Edinburgh Rugby No 8, Nick Haining, arising from his club's Challenge Cup, Round 1 match against Agen at Stade Armandie on Friday, 15 November 2019.

Haining is alleged to have committed an act of foul play by striking the Agen fly half, Thomas Vincent (No 10), with his head in the 33rd minute of the match in contravention of Law 9.12.

Simon Thomas (Wales), Chairman, Mitchell Read (England) and Donal Courtney (Ireland) have been appointed as the independent Disciplinary Committee for the hearing which will take place at the London office of Bird & Bird LLP tomorrow (Wednesday, 20 November).

The complaint was made by the match Citing Commissioner, John Byett (England).

Law 9.12 Striking with the head
Under World Rugby’s Sanctions for Foul Play, Law 9.12 relating to striking with the head carries the following sanction entry points - Low End: 6 weeks; Mid-range: 10 weeks; Top end: 16 to 104 weeks.

Citing complaint – Harri Millard (Cardiff Blues)

EPCR has received a citing complaint against the Cardiff Blues wing, Harri Millard (No 11), arising from his club's Challenge Cup, Round 1 match against Rugby Calvisano at Pata Stadium on Saturday, 16 November 2019.

Millard is alleged to have committed an act of foul play by striking the Rugby Calvisano full back, Kayle Van Zyl (No 15), with his foot in the 46th minute of the match in contravention of Law 9.11.

Sam Hillas (England), Chairman, Donal Courtney (Ireland) and Yannick Jauzion (France) have been appointed as the independent Disciplinary Committee for the hearing which will take place by video conference tomorrow (Wednesday, 20 November).

The complaint was made by the match Citing Commissioner, Mihai Irimia (Romania).

Law 9.11 Players must not do anything that is reckless or dangerous
Under World Rugby’s Sanctions for Foul Play, Law 9.11 carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.

Citing complaint – Apisai Tauyavuca (Zebre Rugby Club)

EPCR has received a citing complaint against the Zebre Rugby Club flanker, Apisai Tauyavuca, arising from his club's Challenge Cup, Round 1 match against Bristol Bears at Ashton Gate on Saturday, 16 November 2019.

Tauyavuca is alleged to have committed an act of foul play by striking the Bristol Bears replacement, Andy Uren (No 21), with his leg in the 81st minute of the match in contravention of Law 9.12.

Simon Thomas (Wales), Chairman, Mitchell Read (England) and Donal Courtney (Ireland) have been appointed as the independent Disciplinary Committee for the hearing which will take place by video conference tomorrow (Wednesday, 20 November).

The complaint was made by the match Citing Commissioner, Ciaran Scally (Ireland).

Law 9.12 Kicking
Under World Rugby’s Sanctions for Foul Play, Law 9.12 relating to kicking carries the following sanction entry points - Low End: 4 weeks; Mid-range: 8 weeks; Top end: 12 to 52 weeks.

Notes

(i) Red Cards
a) The case of any player sent off in Heineken Champions Cup, Challenge Cup and Continental Shield 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 Commissioner
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 world.rugby

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