Masivesi Dakuwaqa suspended for three weeks

The Montpellier Hérault Rugby flanker, Masivesi Dakuwaqa, has been suspended for three weeks following an independent Disciplinary Hearing by video conference arising from his club’s Heineken Champions Cup, Round 3 match against Leinster Rugby at the RDS Arena.

Dakuwaqa was sent off by the match referee, Wayne Barnes (England), in the 67th minute for tackling the Leinster Rugby flanker, Josh Van der Flier in a dangerous manner in contravention of Law 9.13.

Law 9.13 A player must not tackle an opponent dangerously
Under World Rugby’s Sanctions for Foul Play, Law 9.13 relating to dangerous tackling carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.

An independent Disciplinary Committee comprising Sean Enright (England), Chair, Martyn Wood (England) and Becky Essex (England), heard evidence and submissions from Dakuwaqa, who accepted the red card decision, from the player’s legal representative, Joris Loupien, from the Montpellier Hérault Rugby Director of Rugby, Philippe Saint-André, from the Montpellier Hérault Team Manager, Tom Whitford, and from the EPCR Disciplinary Officer, Liam McTiernan.

The committee upheld the red card decision, finding that Dakuwaqa had made contact with Van der Flier’s head in a dangerous manner. It then determined that the offence was at the mid-range of World Rugby’s sanctions and selected six weeks as the appropriate entry point.

As the player had pleaded guilty to the charge and had a clear disciplinary record, it was decided to grant the full 50% mitigation. The committee therefore reduced the sanction by three weeks before imposing a three-week suspension.

Dakuwaqa is free to play on Monday, 7 February and both he and EPCR have the right to appeal the decision.

Alex Cuthbert suspended for three weeks

The Ospreys wing, Alex Cuthbert, has been suspended for three weeks following an independent Disciplinary Hearing by video conference arising from his club’s Heineken Champions Cup, Round 3 match against Racing 92 at the Swansea.com Stadium.

Cuthbert was cited by the match Citing Commissioner, Peter Ferguson (Ireland), for tackling the Racing 92 hooker, Teddy Baubigny, in a dangerous manner in the sixth minute of the match in contravention of Law 9.13.

Law 9.13 A player must not tackle an opponent dangerously
Under World Rugby’s Sanctions for Foul Play, Law 9.13 relating to dangerous tackling carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.

An independent Disciplinary Committee comprising Daniel White (England), Chair, Mike Ross (Ireland) and Leon Lloyd (England), heard evidence and submissions from Cuthbert, from the Ospreys Team Manager, Dai Davies, and from the EPCR Disciplinary Officer, Liam McTiernan.

The committee upheld the citing complaint, finding that Cuthbert had carried out a dangerous tackle and had made contact with Baubigny’s head and neck area. It then determined that the offence was at the mid-range of World Rugby’s sanctions and six weeks was selected as the appropriate entry point.

On the basis that the player accepted that he had committed an act of foul play and had a clear disciplinary record, it was decided to grant the full 50% mitigation and the committee therefore reduced the sanction by three weeks before imposing a three-week suspension.

Cuthbert is free to play on Monday, 7 February, however, if he applies for a World Rugby Coaching Intervention, he will be free to play on Monday, 31 January. Both the player 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 EPCR 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 Commissioner
a) Citing Commissioners are appointed by EPCR for all Heineken Champions Cup and EPCR 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 www.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

See below for disciplinary decisions from independent Disciplinary Committees.