CUMBRIA RUGBY FOOTBALL UNION LTD – DISCIPLINE PANEL

GUIDANCE ON THE RFU SANCTIONING POLICY TO BE USDED BY DISCIPLINE PANELS

& APPEALS PANELS

I thought it would be helpful if all club secretaries and officials of the county were aware of the guidelines that are now in place to help Discipline Panels in deciding an appropriate sanction to be applied following a guilty plea or finding of guilt at a discipline hearing.

Step1

Establish what is the appropriate range and entry point for the particular act of illegal and / or foul play.  (Entry points are explained on page 199 of the RFU Handbook for 2005 – 2006 season).

Step 2

Establish whether an act of illegal and / or foul play was committed either:

·        Intentionally, namely with a deliberate action

·        Or, recklessly, namely where the players actions were not intentional but were careless and the risk of committing illegal and / or foul play was, or should have been apparent

·        Or, accidentally, namely where the player did in fact commit an act of illegal and / or foul play but his intentions were clearly not intentional or reckless. (Note: ‘accidental’ should be used only in very exceptional circumstances because in all likelihood, where not deliberate, the player’s act will be reckless).

Step 3

Consider all ‘on field’ issues including:

·        Nature of actions (manner in which offence was committed and how; e.g. A closed fist punch or leading with the elbow

·        Existence of provocation and therefore whether the player acted in retaliation and / or self defence

·        Effect of player’s actions on the victim (e.g. Injury caused etc.).

·        Vulnerability of the victim player

·        Effect of player’s actions on the game (did it change the nature of the match, did it cause a brawl etc.).

·        Level of premeditation

·        Was the conduct of the offending player completed or did it amount to an attempt

·        Any other on field issue relevant to the offence

·        Any other relevant issue

Step 4

Weigh up decisions under 2 & 3 and in doing so make a decision as to the ‘seriousness’ of the incident and declare it to be either:

·        Low end

·        Mid point, or

·        Top end offence

The Panel will then go ‘up’ or ‘down’ in the range starting from the entry point (as decided at 1) and fix an appropriate point, or stay at the entry point if appropriate.

Step 5

They will the consider all ‘off field’ aggravating factors including:

·        Absence or lack of remorse and / or contrition on the part of the player

·        Player’s status as a persistent offender (if in fact he (s)he is a persistent offender).

·        The need for a deterrent to combat a pattern of offending

·        Any other ‘off field’ aggravating factor that is considered relevant

Where any of the factors mentioned exist the Panel will go up in the range by an appropriate amount and fix at an appropriate point.

Step 6

The Panel will then consider all relevant mitigating factors including the following:

·        Existence and timing of an acknowledgement of culpability or guilt by the player

·        Good discipline record

·        Good character

·        Player’s conduct prior to and at the hearing

·        Remorse for actions

·        Any other ‘off field’ mitigating factors.

Where any of these factors exist the Panel may come down in the range by an appropriate amount and fix at an appropriate point.

I hope the above information will help those not directly involved in disciplinary matters, to better understand how a Panel will reach a decision regarding a penalty.  If anyone has any queries please give me a ring.

David Morton

Panel Secretary

1^st November 2005

Posted: December 7th 2005