Regulation 17 : DISCIPLINE - FOUL PLAY
REGULATION 17 : DISCIPLINE - FOUL PLAY
Preamble
A The underlying rationale for Regulation 17 is to maintain and promote fair play, protect the safety and welfare of Players, ensure that acts of Foul Play are dealt with expeditiously and appropriately by independent means within the Game and that the image and reputation of the Game is not adversely affected.
B This Regulation sets out a harmonised approach to the administration of discipline and the implementation of sanctions for Foul Play at all levels of the Game. The objective of this Regulation is to achieve consistency in the way in which discipline is administered and uniformity in the manner in which the assessment of the seriousness of Foul Play is conducted and sanctions imposed. Underlying the Regulation is the overall objective that the disciplinary process shall comply with the fundamental principles of natural justice.
C This Regulation is drafted from the standpoint of the international governing body of the Game and Regulation 17 will be applied in its entirety to World Rugby and certain other international Matches, In recognition of the pyramid structure of international sport, the application and enforcement of this Regulation by Unions, Associations and Tournament Organisers within their respective jurisdictions may necessitate suitable adjustments to cater for the imperatives of their competitions and domestic structures and as applicable to accord with national legislation.
D World Rugby has identified certain Core Principles (as set out below) which must be implemented by all Unions, Associations and Tournament Organisers at all levels of the Game in the implementation of disciplinary rules for Foul Play. Such Core Principles include the principle of universality which means that Players who are suspended at any level of the Game shall have their suspension recognised and applied at all levels of the Game and in the territories of all Unions and Associations. All participants in the Game shall by means of their participation recognise and agree to be bound by this Regulation including the Core Principles.
SECTION 1: APPLICATION OF REGULATION 17
17.1 Scope of Regulation 17
17.1.1 This Regulation 17 sets out the procedures for dealing with the following disciplinary matters:
(a) When a Player is Ordered Off the playing enclosure (Red Card);
(b) When a Player is cited for an act or acts of Foul Play (Citing); and
(c) Where a Player is Temporarily Suspended (Yellow Card) and/or issued with a Citing Commissioner Warning multiple times in accordance with Regulations 17.9.4 and 17.9.5.
17.2 Definitions
17.2.1 Ordering Off/Red Card: A Player is Ordered Off when the player is sent off the playing enclosure permanently by the referee and and is not permitted to take any further part in the Match.
17.2.2 Temporary Suspension/Yellow Card: A Player is Temporarily Suspended when the player is cautioned in a Match by the referee and temporarily sent off the playing enclosure by the referee for a period of ten minutes playing time (or two minutes in the case of Rugby Sevens)(which is spent in the “sin bin”).
17.2.3 Citing: A Player is cited when the Citing Commissioner cites a Player for any act(s) of Foul Play that in the opinion of the Citing Commissioner warranted the Player concerned being Ordered Off.
17.2.4 Citing Commissioner Warning: A Player receives a Citing Commissioner Warning for any act(s) of Foul Play that in the opinion of the Citing Commissioner falls just short of warranting that the Player concerned be Ordered Off in circumstances where the act(s) of Foul Play was not subject to a Temporary Suspension or Ordering Off.
17.2.5 Foul Play: means breach(es) of Law 9 of the Laws of the Game and/or breach(es) of Law 3.7 or Law 4.7.
17.2.6 Capitalised terms that are not defined within Regulation 17 shall have the meanings assigned to them in Regulation 1 and Regulation 20.
17.3 Core Principles
17.3.1 The principles set out below shall be the “Core Principles” that shall be mandatorily applied in disciplinary regulations at all levels of the Game:
(a) The sanctions applicable to Foul Play shall be the same throughout the Game. Therefore, all Unions, Associations and Tournament Organisers shall adopt the World Rugby Sanctions for Offences within the Playing Enclosure (Appendix 1) and ensure that they are applied to competitions within their territory (the “Principle of Universality”). Where a Union adopts the World Rugby Disciplinary Guidelines for the Underage Game (Appendix 3), then the sanctions applicable to Foul Play Adjusted for Underage Rugby shall apply.
(b) In accordance with the applicable sanction table (that is, Appendix 1 or Appendix 3 as appropriate), suspensions shall ordinarily be imposed for a number of weeks in which the relevant Player would otherwise have been scheduled to play a Match that meets the criteria set out in Regulation 17.21.3. All Matches are equal, that is, regardless of the level of competition provided they meet the criteria in Regulation 17.21.3. A Player suspended from playing the Game shall be suspended from participating in any Match at any level during the period of the Player’s suspension.
(c) The core sanctioning process set out in Regulations 17.17 to 17.20 shall be applied to all disciplinary cases involving Foul Play at all levels of the Game (save for any approved variations where expedited disciplinary processes as set out in Regulation 17.25 are being utilised).
(d) The principles of natural justice shall be adhered to in all disciplinary proceedings. Such principles include, Players cited/Ordered Off shall have the right to know the evidence against them, shall have the right to be heard, to be represented, to produce evidence and defend themselves before independent adjudicators.
(e) All Judicial Officers, Disciplinary Committees, Appeal Officers, Appeal Committees and Citing Commissioners shall meet the relevant criteria for appointments (set out in Regulation 17.7.10 for community and amateur appointments and set out in Regulation 20 for international appointments pursuant to the World Rugby Appointment Scheme). They shall be independently appointed and shall exercise their functions independently of the parties to the Match and/or proceedings and of the Unions, Associations or Tournament Organisers under whose jurisdiction responsibility falls for the relevant Match.
(f) Citing Commissioners (and where necessary, Citing Commissioner Liaison Officers) shall be appointed for all International Matches and Matches set out in Regulation 17.7.1 and 17.7.2. For all other Matches, or where a dispensation is granted under Regulation 17.7.6, team referrals shall be permitted that accord with Regulation 17.10.8.
(g) The threshold test for citing (“Red Card” test) shall be as set out in Regulation 17.10.1.
(h) Timelines for citings and Orderings Off and the holding of hearings for International Matches shall be strictly adhered to unless they fall within Regulation 17.7.6.
(i) The standard of proof for Ordering Off and citing shall be as provided in Regulations 17.15 and 17.16.
(j) Temporary Suspension procedures that accord with Regulation 17.9 shall be introduced for all International Tournaments, International Tours and Series of International Matches.
(k) Players Ordered-Off or cited by a Citing Commissioner shall be provisionally suspended pending the determination of their case.
(l) Suspended Players who appeal shall remain under suspension in accordance with Regulation 17.27.3.
(m) Unions, Associations and Tournament Organisers and World Rugby shall have the right to appeal as set out in Regulation 17.24.2(a) to (c).
(n) It is recognised that due to particular circumstances Unions or Associations or their recognised Tournament Organisers may wish for practical reasons to depart from certain provisions of Regulation 17 that are not Core Principles and where appropriate they have the flexibility to do so provided always that no rules or procedures may be introduced (and/or omitted) by any Union, Association and/or their recognised Tournament Organisers in respect of their disciplinary rules that conflict with (and/or do not properly implement) the Core Principles of this Regulation 17, the Principle of Universality as described above and/or are contrary to the Laws of the Game.
17.4 Application of Regulation 17 by Unions, Associations and Tournament Organisers
17.4.1 All Unions, Associations and their recognised Tournament Organisers have an obligation to put in place and implement disciplinary regulations within their jurisdictions and in respect of their tournaments and Matches that incorporate fully the Core Principles. The Core Principles shall apply to all Unions, Associations and Tournament Organisers within their respective jurisdictions (and at all levels).
17.4.2 The remaining provisions of Regulation 17 are guiding principles that allow flexibility in the formulation of regulations by such bodies and it is the responsibility of Unions, Associations and Tournament Organisers to put in place disciplinary regulations compatible and not in conflict with Regulation 17, embodying the Core Principles and to ensure that such regulations are applied to and by all Rugby Bodies within their jurisdiction.
17.4.3 All participants in Matches in the fifteen-a-side and seven-a-side Game and any other abbreviated versions of the Game shall be bound by the provisions of this Regulation 17 and it is the responsibility of Unions, Associations and Tournament Organisers to advise their Players, Persons and Rugby Bodies of this Regulation (and any variation in its implementation) and their obligations hereunder.
17.4.4 In the event of non-compliance or improper implementation of this Regulation by any Union or Association or Tournament Organiser, World Rugby may (i) assume the role of the Union, Association or Tournament Organiser in respect of their obligations under Regulation 17 and (ii) take such action as it considers reasonable and appropriate in the circumstances in order to address the matter with the relevant Union, Association or Tournament Organiser. Where a Rugby Body does not comply with or fails to properly implement this Regulation, the Disciplinary Officer or World Rugby may require the relevant Union(s) or Association to undertake appropriate investigations and/or proceedings to remedy the matter. In any event World Rugby shall have the authority to ensure the proper implementation of this Regulation 17 within the Game.
17.4.5 All Unions, Associations and Tournament Organisers shall provide to World Rugby, upon request, their disciplinary rules and procedures.
17.4.6 All disciplinary case decisions shall be made available to World Rugby upon request and in relation to all decisions in International Matches and Matches which form part of International Tours, they shall be immediately provided to World Rugby in writing by the responsible Union or Tournament Organiser for inclusion in the World Rugby judicial database (to discipline@worldrugby.org).
17.5 Direct Application of Regulation 17 to Matches
17.5.1 The provisions of Regulation 17 shall apply directly to the following categories of Matches set out in this Regulation 17.5 notwithstanding the body responsible for hosting the Match (save for any permitted variations applied by the Tournament Organiser or agreed by the participating Unions): International Matches, International Tours, International Tournaments or Series of International Matches and which, for the purposes of this Regulation, also include:
(a) all Designated Release Events (as set out in Regulation 9);
(b) all Matches involving the senior or next senior National Representative Teams or senior National Representative Sevens Teams of a Union including where such Matches are against non-National Representative Teams played as part of an International Tour or International Tournament or Series of International Matches; and
(c) World Rugby Matches: which means all Matches, International Matches, International Tournaments and Series of Matches under the direct control of World Rugby and shall include but not be limited to Rugby World Cup, Rugby World Cup Sevens, World Rugby U20 Championship and Trophy, World Rugby Sevens World Series, World Rugby Sevens tournaments, designated Olympic Sevens qualification tournaments, the Olympic Games Sevens Matches and other Matches designated by World Rugby from time to time.
17.6 Responsibility and Compliance
17.6.1 International Matches, International Tours and Series of International Matches not falling under the direct control of World Rugby.
(a) All teams participating in such International Matches shall enter into, and be bound by a Tours Agreement or Match Agreement (being the terms upon which the International Match that is not part of an International Tour is organised) as applicable.
(b) The Tours Agreement or Match Agreement (as applicable) shall provide for the Host Union (or Tournament Organiser agreed by all the participating Unions) to be responsible for putting in place disciplinary procedures as set out in Regulation 17 and making appointments for such International Matches, save where the appointments are made in accordance with the World Rugby Appointment Scheme as provided in Regulation 20. Where Regulation 17 provides flexibility (such as with regard to timeframes for citings and/or disciplinary hearings) such detail shall be set out in the Tours Agreement or Match Agreement.
(c) If Unions cannot agree on the disciplinary arrangements to be adopted for such Matches then they shall refer the matter to the Disciplinary Officer of World Rugby who shall determine the arrangements.
17.6.2 World Rugby Matches
(a) For World Rugby Matches the provisions of this Regulation 17 shall apply (subject to any permitted variation as set out in the relevant participation agreement).
(b) The relevant appointments shall be made in accordance with the World Rugby Appointment Scheme as provided in Regulation 20 for all World Rugby Matches.
17.6.3 International Tournaments and Cross-Border Matches
(a) In respect of International Tournaments, the administration of the disciplinary process may be delegated by the relevant Unions to an international Tournament Organiser subject to such body adopting disciplinary rules in compliance with this Regulation.
(b) The Host Union or duly recognised Tournament Organiser shall be responsible for putting in place the disciplinary procedures and (save where the International Tournament or Cross-Border Match is one to which the World Rugby Appointment Scheme set out in Regulation 20 applies) appointing the disciplinary personnel for the International Tournament or Cross-Border Match(es) in accordance with this Regulation.
(c) The Host Union or duly recognised Tournament Organiser shall put in place an agreement with all participating teams to ensure the teams and their Unions or Rugby Bodies (as appropriate) acknowledge and agree to the disciplinary rules for the International Tournament or Cross-Border Match(es).
17.6.4 Non-International Matches
Subject to Regulation 17.6.1 to 17.6.3 above, responsibility for disciplinary procedures related to Matches shall be that of the Union in whose territory such Matches are played and that Union is responsible for ensuring compliance with Regulation 17.
17.7 Appointment of Disciplinary Personnel
Citing Commissioners
17.7.1 Citing Commissioners shall be appointed for all International Matches, International Tours and/or International Tournaments or Series of International Matches and World Rugby Matches (save where dispensation has been granted pursuant to Regulation 17.7.6).
17.7.2 For all other Matches a Citing Commissioner should be appointed where practicable. When such appointment is not reasonably practicable, then provided the prior agreement of the participating Unions or Rugby Bodies is obtained, no Citing Commissioner may be appointed. In those circumstances “team citing” in accordance with Regulation 17.10.8 shall apply.
17.7.4 Unions shall strive to introduce the Citing Commissioner role within their domestic Game.
17.7.5 The CEO of World Rugby (or his/her nominee) shall have the right to review any Union policies in place with regard to citing and consider whether it is reasonably practicable for a Citing Commissioner to be appointed to designated Matches under the Union’s control.
17.7.6 For International Matches, International Tours and/or International Tournaments, Series of International Matches or World Rugby Matches where it is not reasonably practicable to appoint a citing commissioner due to resource issues and/or the non-availability of suitably qualified personnel, the Host Union may apply to the CEO of World Rugby no less than 21 days in advance of the International Match or scheduled start of the Series of International Matches for dispensation. Where World Rugby approval is granted the Union shall apply the procedures set out in Regulation 17.10.8.
Disciplinary/Appeal Committees and Judicial/Appeal Officers
17.7.7 For all International Matches, all Matches forming part of International Tours, International Tournaments, Series of International Matches and World Rugby Matches the following shall be appointed:
(a) An independent Disciplinary Committee or Judicial Officer. Where a Disciplinary Committee is appointed, it shall comprise three members: A Judicial Officer who shall chair the Committee together with two others who are Panel Members and/or Judicial Officers.
(b) An independent Appeal Committee or Appeal Officer. Where an Appeal Committee is appointed, it shall comprise three members: An Appeal Officer who shall chair the Committee together with two others who are Panel Members and/or Appeal Officers.
17.7.8 For all other Matches, the following shall be appointed:
(a) An independent Disciplinary Committee or Judicial Officer; and
(b) An independent Appeal Committee or Appeal Officer.
Appointment Criteria
17.7.9 Where the Match or Matches fall under the World Rugby Appointment Scheme set out in Regulation 20, the appointments shall be made by World Rugby in accordance with the Appointment Criteria set out at Regulation 20, Appendix 1 and Appendix 2.
17.7.10 Where the Match does not fall under the World Rugby Appointment Scheme set out in Regulation 20, Members of Disciplinary and Appeal Committees and Citing Commissioners shall be appointed by the Host Union, Association or Tournament Organiser responsible for the implementation of disciplinary procedures and shall be appointed in accordance with the Core Principles set out at Regulation 17.3.1(e) and shall meet the following criteria:
(a) International and Professional Rugby (1)
(i) Citing Commissioners shall have in-depth recent knowledge of the laws and skills of the game and appropriate recent rugby experience preferably as a player, referee or coach. Citing Commissioners shall have demonstrable and proven experience and shall have completed any training requirements prescribed by the Union or Tournament Organiser responsible for the implementation of disciplinary procedures in respect of the Match.
(ii) Judicial Officers or chairs of Disciplinary Committees shall be legal practitioners of at least seven years standing or serving or retired judges, with recent experience of rugby disciplinary proceedings, in-depth recent knowledge of the Laws and skills of the Game and the relevant World Rugby Regulations and shall have completed any training requirements prescribed by the Union or Tournament Organiser responsible for the implementation of disciplinary procedures in respect of the Match.
(iii) Members of Disciplinary Committees shall have experience in the modern/professional game (playing, coaching or refereeing) ordinarily within the last 10 years, in-depth recent knowledge of the Laws and skills of the Game and shall have completed any training requirements prescribed by the Union or Tournament Organiser responsible for the implementation of disciplinary procedures in respect of the Match.
(iv) Appeal Officers shall be senior legal practitioners of at least ten years standing or serving or retired judges, with recent experience in first instance and/or appeal of rugby disciplinary proceedings (i.e. as a Judicial Officer or chair of Disciplinary Committees and/or Appeal Officer or chair of Appeal Committees) at international or professional level and shall have in-depth recent knowledge of the Laws and skills of the Game and the relevant World Rugby Regulations and shall have completed any training requirements prescribed by the Union or Tournament Organiser responsible for the implementation of disciplinary procedures in respect of the Match.
(v) No person who is an employee (2) of a Union or an employee or member of a Club participating in a Match shall be eligible for appointment as a Citing Commissioner, Judicial Officer, member of a Disciplinary Committee, Appeal Officer or member of an Appeal Committee, or as an Appeal Officer in respect of such Match.
(vi) No person who is an employee of any Union or an employee or member of a Club directly or indirectly affected by the outcome of a Match, or by disciplinary proceedings arising from such Match, shall be eligible for appointment as a Citing Commissioner, Judicial Officer, member of a Disciplinary Committee, Appeal Officer or member of an Appeal Committee, or as an Appeal Office, including:
(a) An employee of a Union or employee or member of a Club whose team was drawn in the same Tournament pool as either of the teams participating, or whose team may play either of the participating teams in the next stage of a Tournament;
(b) No person who is an employee of a Tournament Organiser shall be eligible for appointment as a Citing Commissioner, Judicial Officer, member of a Disciplinary Committee, Appeal Officer or member of an Appeal Committee, or as an Appeal Officer in respect of any Match, Tournament, Tour or Series of Matches organised by such Tournament Organiser.
(b) Community and Amateur Rugby
(i) No person who is a member or an employee of a Union or Club participating in a Match shall be eligible for appointment as a Citing Commissioner, Judicial Officer, member of a Disciplinary Committee, Appeal Officer or member of an Appeal Committee, or as an Appeal Officer in respect of such Match, save for with the consent of each of the teams playing in the Match.
(ii) Citing Commissioners, where appointed, shall have recent knowledge of the laws and skills of the game and appropriate rugby experience preferably as a player, referee or coach and shall meet any additional requirements, including training qualifications, prescribed by the Union responsible for the implementation of disciplinary procedures in respect of the Match;
(iii) Disciplinary Committees shall be chaired by Judicial Officers who shall be (i) legal practitioners or serving or retired judges, with appropriate rugby experience; or (ii) persons with appropriate training or experience as defined by the Union responsible for the implementation of disciplinary procedures in respect of the Match; and shall meet any additional requirements, including training qualifications, prescribed by the Union responsible for the implementation of disciplinary procedures in respect of the Match.
(iv) Members of Disciplinary Committees (other than Judicial Officers) shall have recent knowledge of the laws and skills of the game and appropriate rugby experience preferably as a player, referee or coach and shall meet any additional requirements, including training qualifications, prescribed by the Union responsible for the implementation of disciplinary procedures in respect of the Match
(v) Appeal Committees shall be chaired by Appeal Officers who shall be legal practitioners of at least three years standing or serving or retired judges, with appropriate rugby experience and experience as a Judicial Officer and shall meet any additional requirements, including training qualifications, prescribed by the Union responsible for the implementation of disciplinary procedures in respect of the Match.
(vi) Members of Appeal Committees (other than Judicial Officers) shall have experience as members of Disciplinary Committees and shall have recent knowledge of the laws and skills of the game and appropriate rugby experience preferably as a player, referee or coach and shall meet any additional requirements, including training qualifications, prescribed by the Union responsible for the implementation of disciplinary procedures in respect of the Match
17.8 Disciplinary Committees and/or Judicial Officers - Powers and Procedures
17.8.1 The general procedures relating to hearings before Disciplinary Committees and Judicial Officers contained in Regulation 20 shall apply to any matter arising under this Regulation.
17.8.2 The referee of the Match in which the Player is Ordered Off (and, if a Player is Ordered Off as a result of an assistant referee's intervention, the assistant referee) shall not ordinarily attend the hearing. If requested to do so however by any party and such request is permitted by the Disciplinary Committee or Judicial Officer, or if so required by the Disciplinary Committee or Judicial Officer, they may attend (whether in person or via audio and/or audio-visual means) for the purposes of providing evidence and/or a further explanation of the factual material relied upon in the making the Ordering Off decision. Nothing in this Regulation shall prevent the Disciplinary Committee or Judicial Officer hearing and determining disciplinary proceedings in the absence of the referee and/or assistant referee.
17.8.3 The Citing Commissioner of the Match in which the Player is cited shall not ordinarily attend the hearing. If requested to do so however by any party and such request is permitted by the Disciplinary Committee or Judicial Officer, or if so required by the Disciplinary Committee or Judicial Officer, they may attend the hearing (whether in person or via audio and/or audio-visual means) for the purposes of providing evidence and/or a further explanation of the factual material relied upon in the making of the citing. Nothing in this Regulation shall prevent the Disciplinary Committee or Judicial Officer hearing and determining disciplinary proceedings in the absence of the Citing Commissioner.
17.8.4 In respect of cases involving the Ordering Off or citing of a Player, the Disciplinary Committee or Judicial Officer shall ensure that, prior to the hearing, the Player Ordered Off or cited has been supplied with, and has had sufficient opportunity to consider, the referee's report and the report of the assistant referee (where applicable), and/or the citing report together with any footage of the incident and any other information, reports or evidence.
17.8.5 Any electronic recording of an incident permitted in evidence by a Disciplinary Committee or Judicial Officer shall preferably be viewed without the sound or commentary associated with it being heard, save where the sound or commentary includes the comments made by the referee through his/her microphone in relation to the specific incident in question or if the parties agree that the sound or commentary should be played.
17.8.6 At any hearing the Disciplinary Committee or Judicial Officer may direct that the Host Union or Tournament Organiser be represented. If so, the Union or Tournament Organiser shall appear by counsel or by a representative at the hearing, in such capacity as the Disciplinary Committee or Judicial Officer requires, to provide assistance to the Disciplinary Committee or Judicial Officer in the discharge of its duties.
17.8.7 The Disciplinary Officer (or his/her nominee), or the disciplinary officer of the Host Union or Tournament Organiser (as the case may be) shall be permitted representation at any hearing arising out of any alleged acts of Foul Play arising from Matches within their jurisdiction and/or control.
17.8.8 Where evidence is given before a Disciplinary Committee or Judicial Officer, any witness may be cross examined to the extent permitted by the Judicial Officer or Judicial Chair. Questions shall be put to the witness through the Judicial Officer or Judicial Chair if the Judicial Officer or Judicial Chair deems it appropriate.
17.8.9 For citing complaints initiated by Unions, in circumstances where a Citing Commissioner was not appointed, the Union citing the Player shall ordinarily have a representative in attendance at the hearing to present the basis of the citing complaint and evidence in support. Failure to attend by the Union representative may result in the case being dismissed.
17.8.10 The Player subject to the proceedings shall appear before the Disciplinary Committee or Judicial Officer, in person or via audio and/or audio-visual means.
SECTION 2: Disciplinary Process
17.9 Temporary Suspensions (Yellow Cards) and Citing Commissioner Warnings
17.9.1 All Unions, Associations and Tournament Organisers with responsibility for the administration of disciplinary procedures in competitions within their jurisdictions, International Tournaments or Series of International Matches have an obligation to put in place provisions to regulate the administration and disciplinary consequences arising out of Temporary Suspensions and Citing Commissioner Warnings (including with respect to the accumulation of a combination of Temporary Suspensions and/or Citing Commissioner Warnings).
Procedures for Temporary Suspensions
17.9.2 The following principles shall be applied for Temporary Suspensions subject to such modifications as may be necessary in the context of the relevant Union competitions, International Tournament or Series of International Matches:
(a) the referee must report each Temporary Suspension at the conclusion of the Match in which the Temporary Suspension was imposed. Forms 4 and 5 (Appendix 2 of this Regulation) may be used by the referee and the assistant referee for this purpose;
(b) the report which may be in a standard form shall be forwarded to the nominated officer of the Host Union, Association or Tournament Organiser, where reasonably practicable within 2 hours following the completion of the Match in which the Temporary Suspension was imposed;
(c) the Host Union, Association or Tournament Organiser shall forward a copy of the report to the relevant parties within 48 hours of receipt. Such report shall clearly state that the Player has the right to challenge the Temporary Suspension but if the Player wishes to do so the Player must give notice of the challenge, ordinarily specifying reasons, within 48 hours of its notification to them. Such notice shall be duly recorded by the Host Union, Association or Tournament Organiser and shall be considered in the event of the Player subsequently being involved in any judicial hearing in relation to the accumulation of Temporary Suspensions and/or Citing Commissioner Warnings.
Procedures for Citing Commissioner Warnings
17.9.3 The following principles shall be applied for Citing Commissioner Warnings subject to such modifications as may be necessary in the context of the relevant Union competitions, International Tournament or Series of International Matches:
(a) Citing Commissioners shall be entitled to issue a Citing Commissioner Warning to a Player who has in the opinion of the Citing Commissioner, committed an act(s) of Foul Play which falls just short of warranting that the Player concerned be Ordered Off.
(b) A Citing Commissioner Warning may only be issued in circumstances where the act(s) of Foul Play was not subject to a Temporary Suspension or Ordering Off.
(c) The Citing Commissioner is not limited in the number of Citing Commissioner Warnings he or she may issue to a Player for Foul Play during a Match.
(d) The Citing Commissioner Warning should ordinarily contain the following information:
(i) the date and place of the alleged Foul Play;
(ii) the name of the Player in respect of whom the complaint is made and the team the Player was playing for at the time of the alleged Foul Play;
(iii) the name of the opposing team; and
(iv) details of the alleged Foul Play including brief details of the evidence relied upon.
(e) A Citing Commissioner Warning shall be notified to the nominated officer of the Host Union or Association or the Tournament Organiser as soon as practicable and in any event, no later than 48 hours after the conclusion of the relevant Match in which the alleged act(s) of Foul Play occurred (noting that Tournament Organisers may set shorter citing commissioner warning deadlines if practicable). Form 3(B) (Appendix 2 of this Regulation) may be used for the purposes of notification.
(f) On receipt of the Citing Commissioner Warning, the nominated officer of the Host Union or Tournament Organiser shall send a copy of the notification to the Player in respect of whom it is made, the Player’s team management and the appropriate Match Officials of the Match in which it is alleged the Foul Play occurred.
(g) If the Player concerned wishes to challenge the Citing Commissioner Warning, the Player shall give notice of the Player’s intention to challenge it within 48 hours of its notification to them. Such notice shall be duly recorded by the Host Union, Association or Tournament Organiser and shall be considered in the event of the Player subsequently being involved in any judicial hearing in relation to the accumulation of Temporary Suspensions and/or Citing Commissioner Warnings.
Procedures for Accumulation of Temporary Suspensions and/or Citing Commissioner Warnings
17.9.4 If a Player has received two Temporary Suspensions or two Citing Commissioner Warnings or a combination of a Citing Commissioner Warning and a Temporary Suspension during a Match, the Player shall be treated for disciplinary purposes as if the Player had been Ordered Off.
17.9.5 A Player who has received a combination of three or more Temporary Suspensions and/or Citing Commissioner Warnings in any particular tournament or competition or Series of Matches under the jurisdiction of the Host Union, Association or Tournament Organiser during a single season shall be required to appear before a Disciplinary Committee or Judicial Officer independently appointed by the Host Union, Association or Tournament Organiser at an appointed time and place. At that time the Player will be notified:
(i) that the purpose of the hearing is to consider whether any further penalty should be imposed on the player for persistent offending;
(ii) that the Player may be represented by the player’s Union and/or by a legal representative;
(iii) that save where the Player has given notice of the player’s intention to challenge a Temporary Suspension/Citing Commissioner Warning within the time period specified in Regulations 17.9.2(c) and 17.9.3(g) above and in the absence of exceptional circumstances relating to the failure to give the prescribed notice, no evidence will be heard other than on the question of sanction;
(iv) of the identity of the Disciplinary Committee members or Judicial Officer, as the case may be; and
(v) that the Player shall not be permitted to play in any Match and shall be suspended from all on-field activities on Match days anywhere in the world pending the outcome of the Player’s case.
Hearings and Sanctions for Accumulated Temporary Suspensions and/or Citing Commissioner Warnings
17.9.6 The general procedures for hearings and appeals under Regulation 17, subject to such modifications as may be necessary, shall also apply to the hearings and appeals in relation to the accumulation of Temporary Suspensions and/or Citing Commissioner Warnings.
17.9.7 In the case of a Temporary Suspension or Citing Commissioner Warning, the Disciplinary Committee or Judicial Officer, solely in circumstances attributed to mistaken identity, may expunge the Temporary Suspension or Citing Commissioner Warning from the Player's disciplinary record.
17.9.8 Given the numerous permutations of potential sanctions that could arise in cases involving accumulated Temporary Suspensions and/or Citing Commissioner Warnings, the sanctioning of the Player shall be solely within the discretion of the Disciplinary Committee or Judicial Officer. To assist Disciplinary Committees and Judicial Officers, sanctions guidance for accumulation of temporary suspensions and/or citing commissioner warnings is set out at Appendix 4 to this Regulation 17.
17.10 Citing
Matches where a Citing Commissioner is appointed
17.10.1 Citing Commissioners shall be entitled to cite a Player for any act(s) of Foul Play which in the opinion of the Citing Commissioner warranted the Player concerned being Ordered Off (the “Red Card test”).
17.10.2 Citing Commissioners may cite Players for an act(s) of Foul Play where such act(s) may have been detected by the referee or assistant referee and which may have been the subject of referee action. A Citing Commissioner may not cite a Player for an act(s) of Foul Play in respect of which the Player has been Ordered Off save where the Ordering Off is as a result of two yellow cards. A Player in that situation may also be cited for the act(s) of Foul Play which resulted in either or both yellow card(s).
17.10.3 Citing Commissioners may cite a Player if the Player has been Temporarily Suspended. Such citing may be made in respect of the incident(s) for which the Player was Temporarily Suspended or otherwise.
17.10.4 Citing Commissioners shall act independently of the Disciplinary Committee or Judicial Officer. The Citing Commissioner may make such enquiries as he or she sees fit in order to fulfil their duties, including making enquiries of and collaborating with the Match Officials of a Match or other Citing Commissioners, provided that the ultimate decision as to whether or not to cite the player is the Citing Commissioner’s.
17.10.5 Citing Commissioners may be in attendance at the Match for which they are appointed. Where a Citing Commissioner is not present at the Match, the Host Union, Association or Tournament Organiser shall ensure that there is a suitably qualified and experienced Citing Commissioner Liaison Officer in attendance at the Match who is able to assist the Citing Commissioner with his/her duties.
Union referral to Citing Commissioner
17.10.6 Where a Citing Commissioner has been appointed, the Union or other affiliated organisation responsible for the management of either participating team in a Match shall not have the power to cite a Player for Foul Play but may refer any incident of alleged Foul Play to the Citing Commissioner for consideration. Such incident shall ordinarily be referred to the Citing Commissioner within 12 hours of the Match in which the incident is alleged to have occurred.
17.10.7 Where a referral is made, the final decision as to whether a Player should be cited, whether as the result of an incident referred to him or her or otherwise, shall rest with the Citing Commissioner.
Matches where Citing Commissioners are not Appointed
17.10.8 For Matches where, in accordance with Regulation 17.7.2 or 17.7.6, it is not reasonably practicable for a Citing Commissioner to be appointed, the following “team citing” procedures shall apply:
(a) Each team participating in a Match, or any of its authorised officials, or its Union, may cite:
(i) a Player(s) for an act(s) of alleged Foul Play committed during that Match provided that such act(s) have not been detected by the Match Officials;
(ii) a Player for more than one incident of alleged Foul Play in the same Match; and
(iii) more than one Player in any Match.
(b) Unions and Tournament Organisers shall put in place procedures for team citing which accord with the following:
(i) citings by teams or their Unions shall be in writing and sent by an authorised member of the Union or management of the team to the nominated officer of the Host Union or Tournament Organiser responsible for the Match in which the incident that is the subject of the citing complaint occurred;
(ii) such citing, to be effective, must be made as soon as practicable and in any event no later than 48 hours of the conclusion of the Match in which the Foul Play is alleged to have occurred ((noting that Tournament Organisers may set shorter citing deadlines if practicable);
(iii) the responsibility for obtaining information and reports in relation to the citing shall rest with the Union or team management making the citing complaint. The Union or team management shall liaise with the Host Union or Tournament Organiser (or its/their nominated officer) to ensure that relevant information and reports are circulated to the appropriate parties in advance of the hearing;
(iv) the independent disciplinary body of the Union or Tournament Organiser having jurisdiction over the Match, shall consider the citing complaint and any other evidence it deems appropriate including via audio and/or audio-visual means, oral (witness), film or photographic evidence. The Player cited shall have the right to be heard, to be represented and to produce evidence; and
(v) at any hearing of a citing complaint a representative of the citing team or Union shall ordinarily be in attendance, failing which the citing complaint may be dismissed. If an act(s) of Foul Play is found to have been committed the independent disciplinary body of the Union or Tournament Organiser having jurisdiction over the Match shall take the appropriate action and shall apply World Rugby’s Sanctions for Foul Play set out in Appendix 1, by following the core sanctioning principles set out in Regulations 17.17 to 17.21.
17.10.9 Players who are the subject of a “team citing” shall not be provisionally suspended pending the hearing of the case.
17.11 Notification of Citing and Temporary Suspension Arrangements
17.11.1 In relation to all International Matches (whether or not they form part of an International Tour, International Tournament or Series of International Matches) it is the responsibility of the Host Union, Association or duly recognised Tournament Organiser to notify World Rugby’s Disciplinary Officer, or their nominee, 28 days prior to the commencement of the International Match of:
(a) the identity of the Citing Commissioner who has been appointed for the International Matches and in the event of there being more than one, the Matches to which each Citing Commissioner is assigned;
(b) whether there are any non-International Matches which form part of the International Tour, International Tournament or Series of International Matches to which Citing Commissioner(s) shall be appointed, and their identity;
(c) the policy to be adopted for Temporary Suspensions in accordance with Regulation 17.9; and
(d) the timelines applicable to the International Matches for team referrals, citings and the bringing of disciplinary hearings for Foul Play.
17.12 Ordering Off (Red Card): Initial Procedures
17.12.1 Where a Player in a Match is Ordered Off the referee shall, ordinarily within 2 hours of the completion of the Match or such further time as is necessary in the circumstances, give to the nominated officer of the Host Union or Tournament Organiser a written report of the incident. Form 1 (Appendix 2 of this Regulation) may be used by the referee for this purpose.
17.12.2 If a Player is Ordered Off the playing enclosure as a result of the intervention of an assistant referee, the assistant referee shall also give to the nominated officer of the Host Union or Tournament Organiser a written report ordinarily within 2 hours of the completion of the Match, or such further time as is necessary in the circumstances. Form 2 (Appendix 2 of this Regulation) may be used by an assistant referee for this purpose.
17.12.3 Reports prepared by referees and/or assistant referees when a Player has been Ordered Off should ordinarily contain the following information:
(a) the date of the Match, the venue and the teams participating;
(b) the name of the Player Ordered Off and their team;
(c) the circumstances in which the Player was Ordered Off;
(d) the reason for the Player being Ordered Off; and
(e) any other information the referee (or assistant referee where applicable) considers relevant.
17.12.4 The Host Union’s or Tournament Organiser’s nominated officer shall arrange for the reports and copies of all information provided to the Player in accordance with 17.12.5 below to be provided, as soon as possible, to members of the Disciplinary Committee or Judicial Officer who will adjudicate on the case. In default of appointment, the nominated officer shall be deemed to be the Secretary of the Host Union or Tournament Organiser.
17.12.5 The Host Union’s or Tournament Organiser’s nominated officer shall supply the Player Ordered Off with a copy of the referee's report and, where applicable, the assistant referee's report and any other relevant evidence (including footage of the alleged Foul Play and any medical evidence) as soon as reasonably practicable and shall advise the Player:
(a) of the date, place and time of the Disciplinary Committee or Judicial Officer hearing at which the disciplinary proceedings will be heard;
(b) of the identity of the Disciplinary Committee members or Judicial Officer;
(c) that the Player will be required to attend in person at the hearing (which may include attendance by audio or audio-visual means at the discretion of the Disciplinary Committee or Judicial Officer);
(d) that if the Player is unable to appear at the Disciplinary Committee or Judicial Officer hearing as notified, the Player should advise the nominated officer of the Host Union or Tournament Organiser, including details as to the reason(s) why the Player is unable to attend, as soon as practicable;
(e) that the Player is entitled to adduce evidence and make submissions and be represented by his/her Union or team and/or a legal advisor; and
(f) that the Player is not eligible to play in any Match anywhere in the world and shall be suspended from all on-field activities on Match days pending resolution of the case.
17.12.6 Where possible, notice to the Player Ordered Off under this Regulation shall be given in writing. It shall be sufficient compliance with this Regulation however if a copy of the referee's report and, where applicable, the assistant referee's report and any other relevant evidence together with oral notice of the information in Regulation 17.12.5 are provided directly in person to the Player or the Player's team manager or coach.
17.12.7 Cases involving an Ordering Off shall, where reasonably practicable, be heard within 48 hours and other than in exceptional circumstances, no later than 72 hours of the conclusion of the Match in which the Player was Ordered Off.
17.13 Citing: Initial Procedures
17.13.1 Subject to Regulation 17.13.3 and 17.13.4, a citing complaint by a Citing Commissioner must be provided in writing (electronically or otherwise) to the nominated officer of the Host Union or Tournament Organiser responsible for the Match in which the incident that is the subject of the citing complaint occurred, as soon as practicable and in any event, no later than 48 hours after the conclusion of the Match (noting that Tournament Organisers may set shorter citing deadlines if practicable).. In default of appointment, the nominated officer shall be deemed to be the Secretary of the Host Union or Tournament Organiser.
17.13.2 For the purposes of this Regulation 17.13, a citing complaint is deemed to be provided when:
(a) it is transmitted by email, provided that timed and confirmed notice of transmission can be provided; or
(b) if transmitted by some other means, it is received by the nominated officer or Secretary of the Host Union or Tournament Organiser (or his/her nominee).
17.13.3 In circumstances where a Player has not been cited within the time periods specified in Regulation 17.13.1 as a result of either:
(a) mistaken identity; and/or
(b) circumstances exist where the nature of the Foul Play incident(s) concerned is such that an investigation is needed to identify the Player(s) alleged to have committed an act(s) of Foul Play; and/or
(c) circumstances exist where the nature of the Foul Play incident(s) concerned is such that an investigation is needed to identify or establish the full nature of the alleged act(s) of Foul Play; then the citing period may be extended by the duly appointed Disciplinary Committee, Judicial Officer, Host Union or Tournament Organiser, however, any such extension will not in any event exceed 12 days from the last date otherwise permitted by Regulation 17.13.1.
17.13.4 The citing complaint should ordinarily contain the following information:
(a) the date and place of the alleged Foul Play;
(b) the name of the Player in respect of whom the complaint is made and the team the Player was playing for at the time of the alleged Foul Play;
(c) the name of the opposing team; and
(d) details of the alleged Foul Play including brief details of the evidence relied upon.
Form 3(A) (Appendix 2 of this Regulation) may be used for the purposes of making a citing complaint.
17.13.5 All Persons requested to provide reports and/or information must do so within the timescale requested or seek more time if required from the Citing Commissioner. Failure to provide the information and/or reports sought by the Citing Commissioner or their nominee may, in the absence of a reasonable explanation, constitute Misconduct.
17.13.6 The Citing Commissioner or their nominee (who may be the Citing Commissioner Liaison Officer) must obtain such reports and information as they consider necessary in relation to the cited act(s) of Foul Play. The Citing Commissioner shall provide to the Host Union or Tournament Organiser who shall in turn forward the documents and other evidence (including footage of the alleged foul play where available and any medical evidence) to the Player and other parties who were provided with a copy of the citing complaint including the relevant Match Officials.
17.13.7 The Host Union’s or Tournament Organiser’s nominated officer shall arrange for the reports and related evidence in relation to the matter to be provided, as soon as possible, to the Player and members of the Disciplinary Committee or Judicial Officer that will hear the case. The Player subject to a citing complaint shall be advised that the Player is not eligible to play in any Match anywhere in the world and shall be suspended from all on-field activities on Match days pending resolution of the case.
17.13.8 Where a Player is the subject of a citing complaint, the Player’s case should, wherever practicable, be heard ordinarily within 48 hours and, other than in exceptional circumstances, no later than 72 hours of the conclusion of the Match in which the cited alleged Foul Play occurred.
Citing by Unions or Teams: Procedures
17.13.9 The procedures to be applied for a citing by a Union or Team in circumstances where a Citing Commissioner has not been appointed, shall as far as reasonably practicable, be as set out in Regulation 17.10.8.
17.14 Hearings
17.14.1 The procedures set out in Regulation 20 shall apply to disciplinary hearings.
17.15 Standard and Burden of Proof for Ordering Off and Citing
17.15.1 The standard of proof for all matters under this Regulation 17 shall be on the balance of probabilities.
17.15.2 The integrity of Law 6.5(a) of the Laws of the Game and the referee’s position as the ultimate judge of fact and law during the Match is unassailable. The purpose of a subsequent review of an incident that occurred during a Match by a Citing Commissioner is to review incidents of potential foul play with the benefit of additional time and in some cases, additional footage and/or other evidence. The purpose of a subsequent review of an incident that occurred during a Match by a Disciplinary/Appeal Committee or Judicial/Appeal Officer, is to determine whether there should be any disciplinary sanctions applied for an act(s) of Foul Play as provided for in Law 9. With the sole exception of Regulation 17 (and/or in appropriate circumstances under Regulation 6 and/or Regulation 8 and/or Regulation 18 and/or Regulation 21) the referee’s decisions on the field of play and their sporting consequences shall not be altered or overturned by a ruling of a Disciplinary/Appeal Committee or Judicial/Appeal Officer.
17.15.3 At first instance disciplinary hearings, in the event that the Player does not accept that the act(s) of Foul Play which is the subject of the disciplinary hearing warranted the Player being Ordered Off or cited, the burden of proof rests on the Player to show that the referee/citing commissioner was wrong.
STAGE 1
17.16 The “Red Card Test”: Did the act(s) of Foul Play warrant the Player being Ordered Off or should it have resulted in the Player being Ordered Off?
17.16.1 The Disciplinary Committee shall first determine whether or not the relevant act(s) of Foul Play warranted the Player being Ordered Off or should have resulted in the Player being Ordered Off. The Player may either:
(a) admit that the act(s) of Foul Play warranted the Player being Ordered Off or cited in which case the function of the Disciplinary Committee or Judicial Officer is to determine what sanction, if any, should be imposed on the Player under Regulations 17.17 to 17.21; or.
(b) deny that the act(s) of Foul Play warranted the Player being Ordered Off or cited in which case, the Player may seek to show that the decision of the referee or Citing Commissioner was wrong. The Disciplinary Committee or Judicial Officer may review the decision of the referee or Citing Commissioner and the circumstances surrounding it. In any such case, the Disciplinary Committee or Judicial Officer shall not make a finding contrary to the decision of the referee or Citing Commissioner unless they are satisfied, on the balance of probabilities that the decision of the referee or Citing Commissioner was wrong. In a case where a Player has been cited, the Disciplinary Committee or Judicial Officer may take account of any action taken during the Match in respect of the alleged Foul Play by the Match Officials and may review the referee’s decision and the circumstances surrounding it and may make a finding contrary to the referee’s decision.
17.16.2 Where the Player admits that the act(s) of Foul Play warranted being Ordered Off or cited or where the Ordering Off is not overturned or the citing is upheld, the Disciplinary Committee or Judicial Officer shall move to the next stage of the hearing to determine the sanction (if any) to be imposed on the Player in accordance with Regulations 17.17 to 17.21.
17.16.3 Where the Disciplinary Committee or Judicial Officer determines that the act(s) of foul play did not warrant the player being Ordered Off or cited, no further sanction is imposed on the Player, the disciplinary hearing ends and the Disciplinary Committee or Judicial Officer shall expunge the Ordering Off (Red Card) or citing from the Player's disciplinary record.
17.16.4 In citing cases involving Matches in which no Citing Commissioner was appointed and team citing applies, the Disciplinary Committee or Judicial Officer must establish (i) that the incident was undetected by the referee and/or assistant referees and (ii) the alleged Foul Play was sufficiently serious to warrant an Ordering Off. If the Disciplinary Committee or Judicial Officer does not consider the alleged Foul Play of sufficient seriousness to have warranted an Ordering Off they shall dismiss the citing complaint. If the Disciplinary Committee or Judicial Officer considers the alleged Foul Play of sufficient seriousness to have warranted an Ordering Off, the Disciplinary Committee or Judicial Officer shall move to the next stage of the hearing to determine the sanction (if any) to be imposed on the Player in accordance with Regulations 17.17 to 17.21.
STAGE 2
17.17 Sanctions and Core Sanctioning Process
17.17.1 When imposing sanctions, all Disciplinary Committees or Judicial Officers dealing with an Ordering Off and/or citing shall apply World Rugby’s sanctions for Foul Play set out in Appendix 1 (save where Appendix 3 applies) and do so in accordance with Regulations 17.17 to 17.21.
Step 1: What is the correct entry point for the sanction?
17.18 Assessment of seriousness of the Foul Play
17.18.1 Disciplinary Committees or Judicial Officers shall undertake an assessment of the seriousness of the Player’s conduct that constitutes the offending and categorise that conduct as being at the lower end, mid-range or top end of the scale of seriousness in order to identify the appropriate entry point for consideration of particular act(s) of Foul Play where such act(s) are expressly covered in Appendix 1. The assessment of the seriousness of the Player’s conduct shall be determined by reference to the following features:
(a) whether the offending was intentional;
(b) whether the offending was reckless, that is the Player knew (or should have known) there was a risk of committing an act(s) of Foul Play;
(c) the nature of the actions, the manner in which the offence was committed including part of body used (for example, fist, elbow, knee or boot);
(d) the existence of provocation;
(e) whether the Player acted in retaliation and the timing of such;
(f) whether the Player acted in self-defence (that is whether the Player used a reasonable degree of force in defending himself);
(g) the effect of the Player’s actions on the victim (for example, extent of injury, removal of victim Player from the game);
(h) the effect of the Player’s actions on the Match;
(i) the vulnerability of the victim Player including part of victim’s body involved/affected, position of the victim Player, ability to defend himself;
(j) the level of participation in the offending and level of premeditation;
(k) whether the conduct of the offending Player was completed or amounted to an attempt; and
(l) any other feature of the Player’s conduct in relation to or connected with the offending.
Based on the assessment of the offence(s) under consideration against the above features of offending, the Disciplinary Committee or Judicial Officer shall categorise the act(s) of Foul Play as being at the lower end, mid-range or top end of the scale of seriousness of offending and identify the applicable entry point as set out in Appendix 1.
17.18.2 For offences categorised at the top end of the scale of seriousness of offending, the Disciplinary Committee or Judicial Officer shall identify an entry point between the period shown as the top end for the particular offence and the maximum sanction in Appendix 1. (3)
Step 2: Are there any reasons to decrease the sanction?
17.19 Mitigating Factors
17.19.1 Having identified the applicable entry point for consideration of a particular incident, the Disciplinary Committee or Judicial Officer shall identify any relevant off-field mitigating factors and determine if there are grounds for reducing the period of suspension and subject to Regulations 17.19.2 and 17.19.3 the extent, if at all, by which the period of suspension should be reduced. Mitigating factors include the following:
(a) the presence and timing of an acknowledgement of the commission of foul play by the offending Player;
(b) the Player’s disciplinary record;
(c) the youth and/or inexperience of the Player;
(d) the Player’s conduct prior to and at the hearing
(e) the Player having demonstrated remorse for his/her conduct to the victim Player including the timing of such remorse; and
(f) any other off-field mitigating factor(s) that the Disciplinary Committee or Judicial Officer considers relevant and appropriate.
17.19.2 Subject to Regulations 17.19.3 and 17.21.1, for acts of Foul Play the Disciplinary Committee or Judicial Officer cannot apply a greater reduction than 50% of the relevant entry point suspension (prior to any increase for aggravating factors). In assessing the percentage reduction applicable for mitigating factors, the Disciplinary Committee or Judicial Officer shall start at 0% reduction and apply the amount, if any, to be allowed as mitigation up to the maximum 50% reduction.
17.19.3 In cases involving offending that has been classified pursuant to Regulation 17.18.1 as lower end offending, where:
(a) there are off-field mitigating factors; and
(b) where the Disciplinary Committee or Judicial Officer considers that the sanction would be wholly disproportionate to the level and type of offending involved;
the Disciplinary Committee or Judicial Officer may apply sanctions less than 50% of the lower end entry sanctions specified in Appendix 1 including in appropriate cases no sanction.
Step 3: Are there any reasons to increase the sanction?
17.20 Aggravating Factors
17.20.1 Thereafter, the Disciplinary Committees or Judicial Officers shall identify any relevant off-field aggravating factors and determine what additional period of suspension, if any, should apply to the case in question. Aggravating factors include:
(a) the Player’s status generally as an offender of the Laws of the Game; (4)
(b) the need for a deterrent to combat a pattern of offending in the Game where the teams participating in the Match or Tournament have been put on notice that such a need exists; and
(c) any other off-field aggravating factor(s) that the Disciplinary Committee or Judicial Officer considers relevant and appropriate (including poor conduct prior to or at the hearing).
Step 4: Applying the sanction to the Player’s playing schedule
17.21 Imposition of Sanctions
17.21.1 In cases of multiple offending, Disciplinary Committees and Judicial Officers may impose sanctions to run either on a concurrent or a consecutive basis provided that the total sanction is in all the circumstances proportionate to the level of the overall offending.
17.21.2 Disciplinary Committees and Judicial Officers shall ordinarily in their written decisions set out the reasoning for their findings, including the finding on culpability, how they have categorised the seriousness of the offence by reference to the features set out in Regulation 17.18.1, how they identified and applied any mitigating (17.19) and aggravating (17.20) factors and conclude with the resultant sanction, if any, imposed including, for the avoidance of doubt, the expiry date of the suspension setting out the number of weeks, or where the Player has a specific playing schedule that is known at the time of the imposition of the sanction, a list of the Matches (or Match weekends, rounds or dates where specific dates of fixtures have not yet been finalised) (subject, ordinarily, to a maximum of 2 matches in any 7-day period), for which the Player is suspended provided that, in any event, the Player would, on the best information available at the time of the decision, be scheduled to play in a Match which would meet the criteria set out in Regulation 17.21.3 below on each of the weeks taken into account and that an expiry date is stipulated for the suspension. Sanctions for Players in non-elite rugby settings should ordinarily be expressed in weeks for simplicity and clarity.
17.21.3 For the purposes of imposing a suspension, Disciplinary Committees and Judicial Officers shall take into account weeks in which there is a Match(es) which comply with each of the following criteria:
(a) until such time as the Player was suspended, the Player would otherwise have been scheduled to play in the Match, the burden resting with the Player to prove that he was scheduled to play. Where the Player was scheduled to play in more than one Match in a week (for example, a mid-week fixture) this week still only counts as one week of the suspension save where the rules of the particular tournament or tour from which the suspension arises and in which there is more than one Match per week allow for a suspension within that tournament or tour to be served in Matches;
(b) the Match is to be played between two teams in compliance with all of the Laws of the Game;
(c) where the Match is not part of a tournament, tour or Series of Matches which has been sanctioned in accordance with Regulation 16, the Match:
(i) is to be played between teams of equivalent level (for example, similar divisions or standards of play) and who play at the same or an equivalent level of the Game to the Player’s ordinary level;
(ii) is to feature the best players available to each team;
(iii) is to be played at a venue of the capacity and characteristics ordinarily used by teams of this level or standard;
(iv) is to be open to the public (and in the case of a Match involving professional teams, tickets will be sold);
(v) is scheduled within 4 weeks prior to an International Match, tournament, tour or Series of Matches which has been sanctioned in accordance with Regulation 16;
(d) where the Match is a playoff, final or similar Match for which the Player’s team has not yet qualified, the Disciplinary Committee or Judicial Officer’s decision may provide for alternative applications of the Player’s sanction whereby the Match(es) in question shall be counted if the Player’s team participates or not counted if the Player’s team does not participate in which case the Match(es) in which the Player’s team next participates is instead included in the sanction.
(e) where the Player is scheduled to play in a different form of the Game to that from which the sanction arises and those Matches in the other form of the Game fall within the period of the suspension, those Matches shall be taken into account for the purposes of the suspension if they meet all of the criteria set out in this Regulation 17.21.3 save that in the case of a Player whose suspension arises from a fifteen-a-side Match, only tournaments or Series of Matches in an abbreviated form of the Game which have been sanctioned in accordance with Regulation 16 shall be taken into account and, in such case, each tournament or Series of Matches played over a weekend shall be considered to equate to one week for the purposes of calculating the suspension of a Player arising from a fifteen-a-side Match.
Players shall not be free to participate in rugby activities which a Disciplinary Committee or Judicial Officer (or, as applicable, Appeal Committee or Appeal Officer) has considered do not meet the criteria in this Regulation 17.21.3 and thus have not been included as a week for which the Player is suspended.
17.21.4 The following principles shall apply to the imposition of decisions on sanctions and suspensions under this Regulation 17:
(a) sanctions and suspensions shall be applied immediately and may not be suspended;
(b) sanctions and suspensions shall be recognised and applied universally by Unions, Associations, Tournament Organisers and their constituent bodies; and
(c) Players subject to a suspension may not play the Game (or any form thereof) or be involved in any on-field Match day activities anywhere from the time they are Ordered Off, cited or where Regulation 17.9.4 applies (accumulation of Temporary Suspensions and Citing Commissioner Warnings) until their suspension expires or their case is dismissed.
17.21.5 In respect of offences not referred to in the World Rugby Sanctions in Appendix 1, appropriate sanctions may be imposed at the discretion of the relevant Disciplinary Committee, Judicial Officer, Appeal Officer and/or Appeal Committee.
17.21.6 Notwithstanding the World Rugby Sanctions in Appendix 1 and/or the provisions of Regulations 17.17 to 17.21 in cases where the Player’s actions constitute mid-range or top end offending for any type of offence which had the potential to result and, in fact, did result in serious/gross consequences to the health of the victim, the Disciplinary Committee and/or Judicial Officer may impose any period of suspension including a suspension for life.
17.22 Costs
17.22.1 As a general principle and subject to Regulation 17.22.2 and 17.22.3 below, the Host Union or Tournament Organiser shall ordinarily bear the cost of holding the hearing, including the travel, accommodation and/or costs of the Disciplinary Committee members or Judicial Officer and/or Match Officials, Citing Commissioner and other witnesses called by the Disciplinary Committee or Judicial Officer as well as the costs of interpretation, recording and/or transcription and legal advice for the Disciplinary Committee or Judicial Officer.
17.22.2 The Player that is the subject of the proceedings or the Player’s Union shall pay their own costs, including travel/accommodation costs of the Player, his/her representatives and his/her witnesses, as well as the Player’s legal costs (save where a Tournament Organiser specifies otherwise).
17.22.3 Notwithstanding the provisions of this Regulation 17.22, Disciplinary Committees and Judicial Officers shall have complete discretion to impose such cost orders as to the payment of costs relation to any proceedings, including the nature of costs set out in Regulation 20.1.7.
17.23 Post-Hearing Procedures
17.23.1 The decision of the Disciplinary Committee or Judicial Officer shall be advised to applicable parties (ordinarily using the standard Form 6 at Appendix 2 of this Regulation 17), as soon as practicable after the hearing and shall be binding on notification to the Player or his/her representative or Union. The Disciplinary Committee or Judicial Officer may deliver a short oral decision at the conclusion of the hearing (with their reasons to be put in writing and communicated to the parties at a later date) or they may reserve the decision. If an oral decision is made it shall be binding from the time of communication to the parties.
17.23.2 Relevant parties heard by the Disciplinary Committee or Judicial Officer shall be entitled to a copy of the final written decision which shall, where practicable, be sent to them by the Host Union or Tournament Organiser within 48 hours of its being made available. The timelines for notifying World Rugby in Regulation 17.4.6 shall also be met.
17.23.3 Where a relevant party (including a Player, applicable Union(s) or Rugby Body) is adversely affected by a disciplinary decision such party shall be notified by the Disciplinary Committee or Judicial Officer of the circumstances in which an appeal to an Appeal Committee or Appeal Officer may be made. Such notification shall, ordinarily, be included in the final written decision of the Disciplinary Committee or Judicial Officer and notified at the conclusion of the hearing if an oral decision is given.
17.23.4 The hearing by the Disciplinary Committee or Judicial Officer may be audio or audio-visually recorded or recorded by a stenographer. The record of the proceedings, and all papers associated with the proceedings, shall be held for a suitable period by the Host Union or Tournament Organiser. Copies of the record shall be made available to the relevant parties at reasonable cost only on appeal of the decision of the Disciplinary Committee or Judicial Officer. Notwithstanding the foregoing, copies of the record shall be made available to World Rugby upon its request.
17.23.5 Unions, Associations and Judicial Tribunals shall ordinarily publish reports of their proceedings, findings and penalties in full (save where the Judicial Tribunal directs otherwise) and in the case of such bodies appointed by World Rugby, such publication shall be made through World Rugby. No member of a Judicial Tribunal shall comment to the media on a decision of that body.
17.24 Appeals
17.24.1 For the purposes of Regulation 17.24, “decision” shall mean the final written decision of the Disciplinary Committee or Judicial Officer.
17.24.2 (a) A Player and/or the Player’s Home Union/Rugby Body (as appropriate) may appeal to an Appeal Committee or Appeal Officer from a decision of a Disciplinary Committee or Judicial Officer. Any appeal of such decision must be lodged with the nominated officer of the Host Union or Tournament Organiser (as applicable) within 48 hours of the date on which the decision of the Disciplinary Committee or Judicial Officer has been notified or in default, with the Secretary of the Host Union or the disciplinary officer of the Tournament Organiser (as applicable).
(b) The following additional parties shall be entitled to appeal to an Appeal Committee or Appeal Officer the decision of a Disciplinary Committee or Judicial Officer:
(i) Host Union; and/or
(ii) Tournament Organiser; and/or
(iii) World Rugby in respect of all World Rugby Matches and Matches falling under the World Rugby Appointment Scheme;
such parties shall lodge an appeal as soon as reasonably practicable but in any event no later than 72 hours following notification to the appealing party of the decision.
(c) World Rugby has a supervisory jurisdiction in respect of disciplinary matters under this Regulation. In the event the Disciplinary Officer determines it is appropriate that a particular decision should be appealed in respect of International Matches, where there is no appropriate hosting body for a Match and/or where the disciplinary regulations for a Match are clearly contrary to Regulation 17, the Disciplinary Officer or other nominee of World Rugby may take such steps as are reasonably necessary to review the matter and make such recommendations to World Rugby as the Disciplinary Officer deems appropriate. The Disciplinary Officer (or other nominee of World Rugby) may appeal the matter and such right of appeal shall be exercised within 72 hours following notification of the decision to them.
17.24.3 An appeal shall be deemed to have been lodged by the relevant party (Appellant) when the notice of appeal is received by the nominated officer of the Host Union or Tournament Organiser (or in default the Secretary or Disciplinary Officer of such body) within the timeframes set out in 17.24.2 together with any required deposit referred to in Regulation 17.24.5.
17.24.4 The notice of appeal shall be in writing and signed by the particular Appellant lodging the appeal and shall specify the:
(a) name of the Appellant lodging the appeal;
(b) decision appealed against;
(c) date of the decision appealed against;
(d) date of notification of the decision appealed against by the party appealing; and
(e) grounds of the appeal.
Except as provided, no specific form of a notice of appeal is required.
17.24.5 If the Host Union or Tournament Organiser shall so require, each notice of appeal shall be accompanied by a deposit of an amount not exceeding the equivalent of £1,000 (pounds Sterling), such amount to be determined by the Host Union or Tournament Organiser having regard to the financial circumstances of the Appellant. In the event of a required deposit not being paid, the appeal shall be deemed to be abandoned, save that the Appeal Committee or Appeal Officer, in any case, shall have power to extend the time for payment of the deposit. In the event of an appeal by World Rugby, the Host Union or Tournament Organiser no appeal deposit shall be payable. The deposit shall be refundable in the event that the Appeal is successful
17.24.6 On the lodgement of the appeal the Host Union or Tournament Organiser shall:
(a) notify the applicable parties in Regulation 17.24.2 of the appeal; and
(b) make available to the Appeal Committee or Appeal Officer (and the Appellant(s)) the full record of the proceedings before the Disciplinary Committee or Judicial Officer.
Appeal Committee or Appeal Officer
17.24.7 The Appeal Committee or Appeal Officer shall determine the basis on which the appeal shall proceed. The General Procedures relating to hearings before Appeal Committees and Appeal Officers contained in Regulation 20.8 shall apply to any matter arising under this Regulation.
17.24.8 The Appellant(s) will be notified of the names of the Appeal Committee members or Appeal Officer and the fact that the Player is not eligible to play the Game (or any form thereof) or be involved in any on-field Match day activities anywhere in the world pending the appeal save always where no sanction has been imposed by the Disciplinary Committee or the Judicial Officer and/or that where a Player’s suspension expires while the Player’s appeal is pending the Player shall be eligible to play immediately.
17.24.9 An appeal should, where reasonably practicable, be heard within 7 days after its lodgement.
17.24.10 In any appeal before the Appeal Committee or Appeal Officer:
(a) an Appellant that is a Player may be represented by a Union representative and/or legal counsel. Any other appellant may be represented by legal counsel and/or another representative of the Appellant;
(b) where the Host Union or Tournament Organiser appeals they shall be represented by a designated disciplinary officer of that body (and/or his/her nominee);
(c) where World Rugby appeals they shall be represented by the Disciplinary Officer (and/or his/her nominee).
17.24.11 If an Appeal Committee or Appeal Officer allows further evidence to be adduced at a hearing, there shall be no cross-examination of witnesses except to the extent allowed by the Appeal Committee or Appeal Officer.
17.25 Remote Hearings and Expedited Procedures
17.25.1 In particular circumstances, Unions, Associations, Tournament Organisers or World Rugby may wish to utilise remote hearings or expedited disciplinary procedures, to alleviate the practical difficulties caused by physical distance, time differences and to reduce costs. The Core Principles set out in this Regulation 17 shall be complied with regardless of the amended procedures.
17.25.2 The procedure for remote hearings shall be the same as that used for in-person hearings as set out in Regulation 17, save that some or all of the parties may attend the hearing by audio or audio-visual means. Where the Union, Association, Tournament Organiser or World Rugby proposes a remote hearing, Players shall have the right to request an in-person hearing. Where such application is made, the Judicial/Appeal Officer or Chair of the Disciplinary/Appeal Committee shall determine the procedure and format for the hearing.
17.25.3 Expedited procedures will vary depending on the circumstances. An example of such procedures is the use of a “foul play review committee” that considers the alleged act(s) of foul play and provides the player with an indication of the sanction that would be imposed were the player to admit the act(s) of foul play. The player has the option to accept the sanction or to reject the sanction and request a hearing.
17.25.4 Where Unions, Associations, Tournament Organisers wish to adopt expedited procedures, they shall:
(a) apply to World Rugby for prior written approval;
(b) provide World Rugby with a copy of the empowering regulations;
(c) keep an account (on an annual basis) of the cases and decisions which arise under the procedures and make them available to World Rugby upon request;
(d) provide suitable educational materials and training to the relevant disciplinary personnel on the implementation of the guidelines and the application of the disciplinary process.
Where World Rugby wishes to adopt expedited procedures, it shall comply with 17.25.4(d) above. Where a Union has received approval from World Rugby pursuant to 17.25.4(a) above, it may approve its member unions and Rugby Bodies to adopt similar procedures for their local competitions provided such procedures are consistent with the World Rugby approved model and monitored appropriately by the Union.
17.25.5 Notwithstanding the existence of the expedited procedure, a Player, Union, Association, Tournament Organiser or World Rugby shall always have the right to have a hearing that complies with the requirements of Regulation 17.
17.25.6 Where expedited procedures are approved by World Rugby and adopted by the relevant Union, Association or Tournament Organiser, they shall be treated as enforceable by World Rugby in the same way as Regulation 17.
17.26 Additional Provisions Relating to Hearings
17.26.1 In all proceedings heard by a Disciplinary Committee or Judicial Officer and/or Appeal Committee or Appeal Officer, referees and/or assistant referees may only give evidence of fact, not opinion.
17.26.2 Disciplinary Committees, Judicial Officers, Appeal Committees and Appeal Officers, prior to a hearing or at any stage during a hearing may amend the offence for which the Player has been Ordered Off or cited unless, having regard to the circumstances of the case, such amendment cannot be made without causing injustice. Where an amendment is made, in appropriate cases an adjournment may be granted.
17.27 Suspension
17.27.1 A Player Ordered Off or cited by a Citing Commissioner may not take part or be selected for any further Match until the Player’s case has been dealt with by a Disciplinary Committee or Judicial Officer.
17.27.2 Without in any way limiting the effect of Clause 17.21.4, a Player that is subject to an Ordering Off or citing in a domestic or any other Match is not entitled to play the Game (or any form thereof) or be involved in any on-field Match day activities anywhere in the world until the Player’s case has been finally resolved.
17.27.3 A suspended Player who elects to appeal may not take part or be selected for any further Match until the Player’s case has been dealt with by an Appeal Committee or Appeal Officer or the expiry of his/her suspension, whichever occurs earlier.
17.28 Exceptional Circumstances in relation to Players’ Conduct
17.28.1 In exceptional circumstances where the conduct of a Player(s) or Person(s) is of such a serious/gross nature that their continued involvement in the Game in any capacity pending the final determination of the matter by the relevant authority is deemed by World Rugby to be inappropriate and/or potentially prejudicial to the image and reputation of the sport, then World Rugby is entitled to require as it deems fit that the relevant Union(s) provisionally suspend such Player(s) or Person(s) from any involvement in the sport.
17.28.2 It is the responsibility of each Union and Association in membership of World Rugby to ensure that in such circumstances it is able by reference to its regulations or otherwise to effect and/or recognise such provisional suspension on the Player or Person concerned.
17.29 Unforeseen Circumstances
17.29.1 In the event that a particular incident takes place for which there is no provision in this Regulation 17 then the Disciplinary Officer, or his/her nominee may take such action as is considered appropriate in the circumstances in accordance with general principles of natural justice and fairness.
17.30 Miscellaneous
17.30.1 In circumstances where an act(s) of Foul Play and an act of Misconduct (as defined in Regulation 18) arise in respect of the same Match for the same Player and provided it does not give rise to an injustice to the Player, for convenience both matters may be dealt with by the same Disciplinary Committee or Judicial Officer, notwithstanding that the acts may be governed by different Regulations.
17.30.2 Procedures or proceedings under this Regulation and/or Regulation 20 or any decision of a Disciplinary Committee, Judicial Officer, Appeal Committee or Appeal Officer shall not be quashed or held invalid by reason only of any defect, irregularity, omission or other technicality unless such defect, irregularity, omission or technicality raises a material doubt as to the reliability of the findings or decisions of a Disciplinary Committee, Judicial Officer, Appeal Committee or Appeal Officer or results in a miscarriage of justice.
MODIFIED PROCEDURES FOR FOUL PLAY IN SEVENS
17.31 Introduction
17.31.1 In recognition of the unique structure of Sevens Tournaments and Series of Matches and the timelines within which the Sevens Game operates, the following provisions shall apply to the Sevens Game for Foul Play.
17.31.2 For the avoidance of doubt, references in Regulations 17.5, 17.6 and Regulation 20 (World Rugby Appointment Scheme) to International Tournaments, International Tours and Series of International Matches includes Sevens International Matches. All other references to Matches shall include Sevens.
17.32 Application of the Regulations
17.32.1 In respect of all Sevens Matches the procedures and standards in respect of the fifteen-a-side game as provided in Regulation 17 shall apply equally to Sevens save as provided in Regulations 17.33 to 17.38 below. In particular the following provisions shall apply:
(a) Initial Procedures - Ordering Off; as per Regulation 17.12 save as amended by Regulation 17.33;
(b) Initial Procedures – Citing and Citing Commissioner Warning; as per Regulation 17.13 and 17.9.3 save as amended by Regulation 17.34;
(c) Judicial Officer - Powers and Procedures; as per Regulations 17.8 and Regulation 20.7 save as amended by Regulation 17.35;
(d) Sanctions; as per Regulations 17.17 to 17.21 save as amended in Regulation 17.36;
(e) Appeals; per Regulation 17.24 save as amended in Regulation 17.38; and
(f) Suspensions; as per Regulation 17.27 and Temporary Suspensions and Citing Commissioner Warnings as per Regulation 17.9 save as amended in Regulation 17.37.
17.33 Initial Procedures - Ordering Off
17.33.1 If a Player is Ordered Off the playing enclosure in a Sevens Match, the Player’s case shall, whenever practicable, be adjudicated on within 2 hours of the conclusion of that Match, or prior to him playing another Match in the Tournament (whichever is earlier).
17.33.2 Form 1 (Appendix 2 of this Regulation) may be used by the referee for the purposes of a report under Regulation 17.12.1.
17.33.3 Form 2ppendix 2 of this Re (Agulation) may be used by the assistant referee for the purposes of a report under Regulation 17.12.2.
17.33.4 In light of the specific time pressures in Sevens Tournaments and Series of Matches it is not necessary that notice provided for in Regulation 17.12.6 be given in writing to the Player Ordered Off. It shall be sufficient compliance with this Regulation if the referee’s report and where applicable, the assistant referee's report and any other relevant evidential material together with notice of the information required in Regulation 17.12.6, are handed to the Player or the Player's team manager.
17.34 Initial Procedures – Citing and Citing Commissioner Warning
17.34.1 The Union or other affiliated organisation responsible for the management of either participating team in a Sevens Match shall not have the power to cite a Player for Foul Play but may refer any incident of Foul Play to the Citing Commissioner for consideration provided such incident is referred to the Citing Commissioner within 30 minutes of the completion of the Match in which the incident is alleged to have occurred. The final decision as to whether a Player should be cited (or not, as the case may be), whether as the result of an incident referred to him or otherwise shall rest with the Citing Commissioner.
17.34.2 Form 3(A) (Appendix 2 of this Regulation) may be used by the Citing Commissioner for the purposes of making a citing complaint.
17.34.3 A citing complaint by a Citing Commissioner should ordinarily contain the information provided in Regulation 17.13.4 and be received by the appointed disciplinary officer or in default the Secretary of the Host Union or Tournament Organiser within 60 minutes of the end of the Match in which the act(s) of Foul Play is alleged to have taken place.
17.34.4 The exceptional circumstances for citing out of time in Regulation 17.13.3 shall also apply to Sevens and in addition, upon application by the Citing Commissioner to the Judicial Officer, the time period for citing may be extended where there are extenuating circumstances provided always that the extension of time does not extend beyond the duration of the Tournament.
17.34.5 Where a Player is the subject of a citing complaint, the Player’s case wherever practicable should be adjudicated on within 2 hours of the citing complaint being received by the Player or prior to his/her next scheduled Match, whichever is earlier.
17.34.6 A Citing Commissioner Warning shall be notified to the nominated officer of the Host Union or the Tournament Organiser ordinarily within 60 minutes of the end of the Match in which the alleged act(s) of Foul Play occurred. The Citing Commissioner Warning notification shall contain the information in Regulation 17.9.3. Form 3(B) (Appendix 2 of this Regulation) may be used for the purposes of notification.
17.35 Judicial Officer – Power to Regulate Own Procedures
17.35.1 In Sevens, any case involving an Ordering Off, Citing, Accumulations of Temporary Suspensions and/or Citing Commissioner Warnings will be adjudicated on by a Judicial Officer who shall act as sole arbiter.
17.35.2 Any matters not provided for in these Modified Procedures for Sevens or Regulation 17 shall in the first instance be referred to a Judicial Officer who shall deal with such matters as the Judicial Officer sees fit.
17.36 Sanctions in a Sevens context
17.36.1 The World Rugby’s Sanctions for Foul Play set out in Appendix 1 have been established on the basis that a one-week period of suspension would normally result in a Player missing one Match of Fifteens. During a Sevens Tournament, Players may participate or participating Unions may be scheduled to participate in several Matches per day. When determining the appropriate periods of suspension, a Judicial Officer should take cognisance of the fact that during a Sevens Tournament or Series of Matches a Player may miss more than one Match as a result of being made subject to a week’s suspension and may impose a suspension based on a number of Tournament Matches. In this respect the Judicial Officer shall have regard to the overall impact of the suspension. This provision does not preclude the imposition of periods of suspension running beyond a Player’s participation in the Tournament.
17.36.2 The Judicial Officer shall convey his/her decision using the standard form (a copy of which appears as Form 6 at Appendix 2 of this Regulation 17) or otherwise in writing as soon as reasonably practicable to the Player, to the teams involved in the Match, the appointed disciplinary officer and to World Rugby. The decision shall be binding on the Player as soon as the Player, his/her representative, or his/her team is notified of the decision. “Decision” shall have the meaning set out in Regulation 17.24.1.
17.37 Temporary Suspensions and Citing Commissioner Warnings
17.37.1 The provisions of Regulation 17.9 shall apply to Temporary Suspensions and Citing Commissioner Warnings in Sevens save as set out below:
(a) The maximum period of suspension shall not exceed 2 minutes and does not include half-time for time-keeping purposes. If the period of suspension continues beyond the half-time interval, the suspended Player is not permitted contact with the Player’s team.
(b) The report which may be in the standard form shall be forwarded to the nominated officer of the Host Union or Tournament Organiser as soon as reasonably practicable and ordinarily within 2 hours of the completion of the Match in which the Temporary Suspension was imposed. Forms 4 and 5 (Appendix 2 of this Regulation) may be used by the referee and the assistant referee for this purpose.
(c) The Host Union or Tournament Organiser shall forward a copy of the report to the relevant parties within 4 hours of receipt. Such report shall clearly state that the Player has the right to challenge the Temporary Suspension but if the Player wishes to do so, the Player must give notice of the challenge within 12 hours of its notification to them. Such notice shall be duly recorded by the Host Union or Tournament Organiser and shall be considered in the event of the Player subsequently being involved in any judicial hearing in relation to the accumulation of Temporary Suspensions.
(d) If the Player wishes to challenge the Citing Commissioner Warning the Player shall give notice of the intention to challenge within 12 hours of its notification to them. Such notice shall be duly recorded by the Host Union or Tournament Organiser and shall be considered in the event of the Player subsequently being involved in any judicial hearing in relation to the accumulation of Citing Commissioner Warnings.
17.37.2 (a) A Player who has been Temporarily Suspended and/or received a Citing Commissioner Warning in three or more Matches and/or received a combination of three or more Temporary Suspensions and/or Citing Commissioner Warnings at a single Sevens tournament or Series of Matches or a Player who has been Temporarily Suspended or received a Citing Commissioner Warning (or a combination of both) five times during a season of World Rugby Sevens World Series, shall be required to appear before a Judicial Officer at an appointed time and place.
(b) Pending such hearing the Player shall not take part in any Match anywhere in the world and shall be suspended from all on-field activities on Match days pending the resolution of the case.
(c) Ordinarily, such hearings shall take place at the Tournament venue at which the third or fifth Temporary Suspension, Citing Commissioner Warning or combination of both was imposed on the Player. The decision on the appropriate venue for the hearing shall be made by the Judicial Officer.
17.38 Appeals
17.38.1 To be valid, any appeal against the decision of a Judicial Officer in Sevens must be lodged with the disciplinary officer (or his/her nominee) of the Host Union or Tournament Organiser in writing, within 24 hours of the notification of the decision of the Judicial Officer to the Player or the Player’s Union.
17.38.2 Appeals shall ordinarily be heard by an Appeal Officer.
APPENDIX 1 - WORLD RUGBY SANCTIONS FOR FOUL PLAY
Note: Any act of foul play where the person committing the act of foul play makes contact with an opponent’s head and/or neck, and that contact with the head and/or neck warrants a red card, shall result in at least a mid-range sanction. (5)
Note: Where a Player receives a mid-range or top end sanction, a Disciplinary Committee/Judicial Officer/Appeal Committee/Appeal Officer may, at its discretion, agree that one week of the sanction may be replaced by a “Coaching Intervention” that complies with the World Rugby Coaching Intervention Programme. (6)
9.11 Players must not do anything that is reckless or dangerous to others including leading with the elbow or forearm, or jumping into, or over, a tackler.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.12 A player must not physically abuse anyone. Physical abuse includes, but is not limited to:
Biting |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Intentional Contact with Eye(s) (7) |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Reckless Contact with Eye(s) (8) |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Contact with Eye Area (9) |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Punching or striking with hand, arm, elbow or shoulder |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Striking with head (10) |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Striking with knee |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Stamping or Trampling |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Tripping |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Kicking |
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.12 A player must not verbally abuse anyone. Verbal abuse includes, but is not limited to, abuse based on: religion, colour, national or ethnic origin, sexual orientation.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.13 A player must not tackle an opponent early, late or dangerously. Dangerous tackling includes, but is not limited to, tackling or attempting to tackle an opponent above the line of the shoulders even if the tackle starts below the line of the shoulders.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.14 A player must not tackle an opponent who is not in possession of the ball.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.15 Except in a scrum, ruck or maul, a player who is not in possession of the ball must not hold, push, charge or obstruct an opponent not in possession of the ball.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.16 A player must not charge or knock down an opponent carrying the ball without attempting to grasp that player.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.17 A player must not tackle, charge, pull, push or grasp an opponent whose feet are off the ground.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.18 A player must not lift an opponent off the ground and drop or drive that player so that their head and/or upper body make contact with the ground.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.19 Dangerous play in a scrum.
a. The front row of a scrum must not form at a distance from its opponents and rush against them.
b. A front-row player must not pull an opponent.
c. A front-row player must not intentionally lift an opponent off their feet or force the opponent upwards out of the scrum.
d. A front-row player must not intentionally collapse a scrum.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.20 Dangerous play in a ruck or maul.
a. A player must not charge into a ruck or maul. Charging includes any contact made without binding onto another player in the ruck or maul.
Low-end: |
Mid-range: |
Top-end: |
Max: |
b. A player must not make contact with an opponent above the line of the shoulders.
c. A player must not intentionally collapse a ruck or a maul.
Low-end: |
Mid-range: |
Top-end: |
Max: |
d. A player may remove the jackler from the tackle area by pushing/driving them backwards (including by grabbing the knee/leg), but must not roll, pull or twist an opponent.
Low-end: |
Mid-range: |
Top-end: |
Max: |
e. A player must not drop their weight onto an opponent or target the lower limbs.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.25 A player must not intentionally charge or obstruct an opponent who has just kicked the ball.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.27 A player must not do anything that is against the spirit of good sportsmanship including but not limited to:
Hair pulling or grabbing |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Spitting at anyone |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Grabbing, twisting or squeezing the genitals (and/or breasts in the case of female players) |
Low-end: |
Mid-range: |
Top-end: |
Max: |
Other |
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.28 A player must not disrespect the authority of a Match Official.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.28 A player must not verbally abuse a Match Official. Verbal abuse includes, but is not limited to, abuse based on: religion, colour, national or ethnic origin, sexual orientation.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.28 A player must not make physical contact with Match Officials.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.28 A player must not use threatening actions or words towards Match Officials.
Low-end: |
Mid-range: |
Top-end: |
Max: |
9.28 A player must not physically abuse Match Officials.
Low-end: |
Mid-range: |
Top-end: |
Max: Life |
In respect of offences not referred to in Appendix 1 above, appropriate sanctions may be imposed at the discretion of the relevant Judicial Officer, Disciplinary Committee, Appeal Officer and/or Appeal Committee (as the case may be).
Notwithstanding the Sanctions in Appendix 1 and/or the provisions of Regulation 17.17 TO 17.21 in cases where the player’s actions constitute mid-range or top end offending for any type of offence which had the potential to result and, in fact, did result in serious/gross consequences to the health of the victim, the Judicial Officers and/or Disciplinary Committees may impose any period of suspension including a suspension for life.
APPENDIX 2 - WORLD RUGBY FORMS AND REPORTS FOR FOUL PLAY
Forms can be downloaded above.
APPENDIX 3 - DISCIPLINARY GUIDELINES FOR THE UNDERAGE GAME
Introduction
These Guidelines have been made available by World Rugby for Unions who wish to implement a specific disciplinary regime at the Underage Game level which reflects the age of the Players, the truncated playing season of such Players and the likelihood for non-Match based sanctions to be imposed in particular for school-boys and girls.
The Disciplinary Guidelines for the Underage Game (the “Guidelines”) may be adopted by Unions at their sole election. If adopted, in order to ensure that the principle of universality is maintained the Guidelines must be implemented in their entirety including the application of the World Rugby Sanctions for Foul Play Table adjusted for Underage Rugby contained in the Guidelines.
1. Additional Rules in the Underage Game
1.1 Where a Union so elects as part of its rules, the following provisions relating to Discipline for Foul Play in the Underage Game shall apply to Underage Players within its jurisdiction.
1.2 For the purposes of Regulation 17.3.1(a) these Underage Game provisions shall not constitute a breach of Regulation 17. These rules shall replace the equivalent provisions within Regulation 17 to the extent necessary to enable their enforcement.
2. Definitions (11)
2.1 “Constituent Body” shall mean a Union member or duly recognised entity within the territory of the Union responsible for the running of Matches involving Underage Players and/or participation of Underage Players in the Game and imposition of sanctions in the Underage Game (including primary and second level educational institutions).
2.2 “Underage Players” shall mean those players below the Age of Majority at the level of Game below International Match and/or cross-border match level within the territory of the Union. For the avoidance of doubt such provisions shall not apply to any Underage professional, semi-professional or Rugby academy Players or to those playing adult Rugby.
3. Disciplinary Personnel
3.1 The Union shall develop and/or approve a process for the appointment by it or its designated Constituent Bodies of suitable and experienced personnel to an Underage disciplinary panel and (where appropriate) an accompanying accreditation system to deal with cases involving Foul Play by Underage Players. Such panel shall comprise persons who can act in a disciplinary and/or appeals capacity.
3.2 The Union and/or its designated Constituent Bodies may appoint a single “Disciplinary Officer” (or a Disciplinary Committee) to deal with cases of Foul Play for Underage Players. An appeals process should also be developed.
3.3 All appointees to the Underage disciplinary panel and (where appointed) accredited personnel shall have an in-depth knowledge of the Game and its disciplinary process, be either a lawyer, judge or senior member of an educational institution (such as the principal, vice principal or head teacher), be accustomed to dealing with Underage Players and meet any national imposed criteria for engaging / interacting with Underage Players.
3.4 Neutrality of the appointee(s) to the parties is desirable but can be waived by agreement save where there is a conflict of interest scenario.
3.5 The appointed disciplinary personnel shall carry out their functions in a manner that recognises the following fundamental principles – including the need to ensure:
(a) the provision of a comfortable and safe hearing environment for the Underage Player;
(b) the adoption of a structured but less formal approach to the proceedings;
(c) the adherence to the principles of natural justice which should be made known to the Underage Player (and their representative) at the outset; and
(d) be administered by people who are accustomed to dealing with children.
4. Sanctioning
4.1 Where the Guidelines are adopted, the World Rugby Sanctions for Foul Play Adjusted for the Underage Rugby shall apply to all Underage Players. These Sanctions have been established on a per Match basis.
4.2 It is recognised that for Underage Players restorative justice and community sanctions, alongside mentoring, educational development and supervision are all effective mechanisms in dealing with the treatment of breaches for Underage Players. Therefore, augmenting playing sanctions with non-playing sanctions for Underage Players is considered appropriate for this age-group.
4.3 Disciplinary personnel in the imposition of sanctions for Underage Players may consider the imposition of non-playing sanctions (such as suspension from membership of a team or club or from social activities, loss of privileges, detention etc.) in addition to the World Rugby Sanctions for Foul Play Adjusted for the Underage Rugby.
4.4 In terms of the application of Sanctions the following principles apply:
4.4.1 The Core Sanctioning Process in Regulations 17.17 to 17.21 shall be followed;
4.4.2 Regulation 17.19.1 allows the youth and inexperience of the Player to be taken into account for (off-field) mitigation purposes. In the Underage Game this is particularly pertinent;
4.4.3 Regulation 17.19.2 permits up to a maximum of 50% discount on the entry point sanction – this allows great flexibility;
4.4.4 Where a matter is determined to be low end offending (following the assessment under Regulation 17.18.1) and there are off field mitigating factors and the sanction would be wholly disproportionate to the level and type of offending involved, in these cases a sanction below 50% of the sanction may apply;
4.4.5 Education based sanctions shall be supplemental to the World Rugby Sanctions for Foul Play Adjusted for the Underage Rugby.
5. Enforcement
5.1 It is the responsibility of the Union where it introduces these Guidelines to ensure that they are implemented in a consistent and cohesive manner. The Union shall exercise its supervisory jurisdiction in this regard and introduce relevant rules to support such review.
5.2 Where a Union implements these Guidelines it shall:
5.2.1 so inform World Rugby and provide a copy of the empowering regulations;
5.2.2 keep an account (on an annual basis) of the cases and decisions which arise under these Guidelines and make them available to World Rugby upon request;
5.2.3 provide suitable educational materials and training to the disciplinary panel (and as applicable accredited) personnel on the implementation of the Guidelines and the application of the disciplinary process.
5.3 Any sanctions imposed under the Guidelines for the Underage Game are intended to carry through into adult rugby where applicable.
5.4 Where adopted, these Guidelines shall be treated as enforceable by World Rugby in the same way as Regulation 17.
WORLD RUGBY SANCTIONS FOR FOUL PLAY (REGULATION 17) ADJUSTED FOR UNDERAGE RUGBY
Note: Any act of foul play where the person committing the act of foul play makes contact with an opponent’s head and/or neck, and that contact with the head and/or neck warrants a red card, shall result in at least a mid-range sanction. (12)
9.11 Players must not do anything that is reckless or dangerous to others including leading with the elbow or forearm, or jumping into, or over, a tackler.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
9.12 A player must not physically abuse anyone. Physical abuse includes, but is not limited to:
Biting |
Up to U15s Sanction |
Low-end: 4 matches |
Mid-range: 8 matches |
Top-end: 12 + matches |
U16 to U18 Sanction |
Low-end: 8 matches |
Mid-range: 10 matches |
Top-end: 14+ matches |
|
Intentional contact with Eye(s) (13) |
Up to U15s Sanction |
Low-end: 4 matches |
Mid-range: 8 matches |
Top-end: 12+ matches |
U16 to U18 Sanction |
Low-end: 8 matches |
Mid-range: 10 matches |
Top-end: 14+ matches |
|
Reckless contact with Eye(s) (14) |
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 8+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 12+ matches |
|
Contact with Eye Area (15) |
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
|
Punching or striking with hand, arm, elbow or shoulder |
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
|
Striking with head (16) |
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches: |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
|
Striking with knee |
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 8+ matches |
|
Stamping or Trampling |
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 10+ matches |
|
Tripping |
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
|
Kicking |
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
9.12 A player must not verbally abuse anyone. Verbal abuse includes, but is not limited to, abuse based on: religion, colour, national or ethnic origin, sexual orientation.
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 8 matches |
Top-end: 12+ matches |
9.13 A player must not tackle an opponent early, late or dangerously. Dangerous tackling includes, but is not limited to, tackling or attempting to tackle an opponent above the line of the shoulders even if the tackle starts below the line of the shoulders.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 6 matches |
Top-end: 8+ matches |
9.14 A player must not tackle an opponent who is not in possession of the ball.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 6 matches |
Top-end: 8+ matches |
9.15 Except in a scrum, ruck or maul, a player who is not in possession of the ball must not hold, push, charge or obstruct an opponent not in possession of the ball.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
9.16 A player must not charge or knock down an opponent carrying the ball without attempting to grasp that player.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 6 matches |
Top-end: 8+ matches |
9.17 A player must not tackle, charge, pull, push or grasp an opponent whose feet are off the ground.
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
9.18 A player must not lift an opponent off the ground and drop or drive that player so that their head and/or upper body make contact with the ground.
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
9.19 Dangerous play in a scrum.
a. The front row of a scrum must not form at a distance from its opponents and rush against them
b. A front-row player must not pull an opponent
c. A front-row player must not intentionally lift an opponent off their feet or force the opponent upwards out of the scrum.
d. A front-row player must not intentionally collapse a scrum.
Up to U15s Sanction |
Low-end: warning (18) |
Mid-range: 1 match |
Top-end: 2+ matches |
U16 to U18 Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
9.20 Dangerous play in a ruck or maul.
a. A player must not charge into a ruck or maul. Charging includes any contact made without binding onto another player in the ruck or maul.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
b. A player must not make contact with an opponent above the line of the shoulders.
c. A player must not intentionally collapse a ruck or a maul
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
d. A player may remove the jackler from the tackle area by pushing/driving them backwards (including by grabbing the knee/leg), but must not roll, pull or twist an opponent.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
e. A player must not drop their weight onto an opponent or target the lower limbs.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
9.25 A player must not intentionally charge or obstruct an opponent who has just kicked the ball.
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 6 matches |
Top-end: 8+ matches |
9.27 A player must not do anything that is against the spirit of good sportsmanship including but not limited to:
Hair pulling or grabbing |
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
|
Spitting at anyone |
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
|
Grabbing, twisting or squeezing the genitals (and/or breasts in the case of female players) |
Up to U15s Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 12+ matches |
U16 to U18 Sanction |
Low-end: 6 matches |
Mid-range: 12 matches |
Top-end: 18+ matches |
|
Other |
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
9.28 A player must not disrespect the authority of a Match Official
Up to U15s Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
U16 to U18 Sanction |
Low-end: 1 match |
Mid-range: 2 matches |
Top-end: 4+ matches |
9.2.8 A player must not verbally abuse a Match Official. Verbal abuse includes, but is not limited to, abuse based on: religion, colour, national or ethnic origin, sexual orientation.
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
9.28 A player must not make physical contact with Match Officials.
Up to U15s Sanction |
Low-end: 2 matches |
Mid-range: 4 matches |
Top-end: 6+ matches |
U16 to U18 Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 10+ matches |
9.28 A player must not use threatening actions or words towards Match Officials.
Up to U15s Sanction |
Low-end: 4 matches |
Mid-range: 6 matches |
Top-end: 12+ matches |
U16 to U18 Sanction |
Low-end: 6 matches |
Mid-range: 12 matches |
Top-end: 24+ matches |
9.28 A player must not physically abuse Match Officials.
Up to U15s Sanction |
Low-end: 6 matches |
Mid-range: 12 matches |
Top-end: 24+ matches |
U16 to U18 Sanction |
Low-end: 12 matches |
Mid-range: 24 matches |
Top-end: 48+ matches |
APPENDIX 4. SANCTIONS GUIDANCE FOR ACCUMULATION OF TEMPORARY SUSPENSIONS AND/OR CITING COMMISSIONER WARNINGS
1. There is deliberately no guidance within the World Rugby sanctions table(s) to assist a Judicial Officer or Judicial Committee to determine the appropriate sanction in relation to accumulated Temporary Suspensions and/or Citing Commissioner Warnings. This is an area where judicial discretion is required given the multiple permutations that could emerge. A Judicial Officer or Judicial Committee may be required to consider whether to apply sanctions against Players for accumulation of Temporary Suspensions and/or Citing Commissioner Warnings in two circumstances:
(a) where a Player has received three Temporary Suspensions and/or Citing Commissioner Warnings (or a combination thereof) in a particular tournament or series and/or five Temporary Suspensions and/or Citing Commissioner Warnings in a season of the World Rugby Sevens Series and the Judicial Officer or Judicial Committee is required to consider whether any further penalty should be imposed by reason of the Player’s persistent Foul Play (Regulations 17.9.5 and 17.37.2(a)); or
(b) where a Player has received two Temporary Suspensions and/or Citing Commissioner Warnings in one Match which in the case of a Temporary Suspension led to him being Ordered Off on receipt of the second temporary suspension (Regulation 17.9.4).
2. It is assumed for the purposes of this Appendix that none of the relevant Temporary Suspensions resulted in a subsequent citing which was upheld by a Judicial Officer. In such cases the Temporary Suspension event which has been cited falls away and is replaced by the decision arising from the citing.
A. Player receives three Temporary Suspensions and/or Citing Commissioner Warnings in a Tournament/Series or five in a Sevens Series
1. The Judicial Officer or Judicial Committee is required to apply a sanction for the offence of persistent offending, not for the substantive offences relating to each Temporary Suspension and/or Citing Commissioner Warning. Ordinarily, the appropriate entry point sanction in such circumstances is a suspension of one to three weeks depending upon the seriousness of the offending. Sanctioning in these circumstances should be determined by reference to the methodology in Regulations 17.17 to 17.21 and in particular to the application of mitigating and aggravating features.
2. The Judicial Officer or Judicial Committee may, however, decide to apply no sanction in the following circumstances:
(a) where one or more of the Temporary Suspensions and/or Citing Commissioner Warnings was applied as a result of mistaken identity; or
(b) exceptional circumstances exist which would warrant no sanction being imposed. This situation could arise when:
(i) a Player was temporarily suspended for an act of Foul Play but on review it was clear that there was no Foul Play or only a minor act of Foul Play had been committed which would not have warranted a Temporary Suspension or Citing Commissioner Warning;
(ii) some of the Temporary Suspensions were awarded for technical offences (that is, not Foul Play) following a team warning by the referee or for what are characterised as so-called technical offences not involving a breach of Laws 9.11 to 9.28 inclusive.
B. Player receives two Temporary Suspensions/Citing Commissioner Warnings in one Match
1. The Judicial Officer or Judicial Committee is required to apply a sanction for the offence of persistent offending, not for the substantive offences relating to each Temporary Suspension and/or Citing Commissioner Warning. Ordinarily, the appropriate entry point for persistent offending within a single Match is a suspension of one to two weeks. Sanctioning in these circumstances should be determined by reference to the methodology in Regulations 17.17 to 17.21 and in particular to the application of mitigating and aggravating features.
2. The Judicial Officer or Judicial Committee may decide that sending off was sufficient (or otherwise that no further sanction is appropriate) in the following circumstances:
(a) where either of the Temporary Suspensions or Citing Commissioner Warnings was applied as a result of mistaken identity; or
(b) that exceptional circumstances exist which would warrant no further sanctions being imposed. This situation could arise when a Player was temporarily suspended for an act of Foul Play but on review it was clear that there was no Foul Play or only a minor act of Foul Play had been committed which would not have warranted a Temporary Suspension and/or Citing Commissioner Warning;
(c) any of the Temporary Suspensions were awarded for so-called technical offences (including following a team warning) not involving a breach of Laws 9.11 to 9.28 inclusive.
APPENDIX 5. SUMMARY DISCIPLINARY PROCEDURES
Summary of Process when a Player is Ordered Off
Referee, and where applicable, assistant referee, prepare a written report of the incident. Such reports shall ordinarily be provided to a Designated Disciplinary Officers as soon as practicable after the conclusion of the Match. |
The Player Ordered Off will be provided with a copy of the applicable report(s) and other relevant information and notified of the date, place and time of the Judicial Officer/Panel hearing. |
The Judicial Officer/Panel hearing will take place as soon as reasonably practicable and ordinarily within 48 hours (15s)/2 hours (7s) of the conclusion of the match. The Player and witnesses will ordinarily attend the hearing to give evidence. |
The Judicial Officer/Panel shall consider the evidence. Where the Judicial Officer/Panel decides to impose a sanction, they shall apply the World Rugby Recommended Sanctions for Offences within the Playing Enclosure (Appendix 1 to Regulation 17) subject to relevant mitigating and/or aggravating factors. |
A Player, their Union and World Rugby may appeal against the decision of the Judicial Officer/Panel provided such appeal is lodged with the Designated Disciplinary Officer within 48 hours (15s)/24 hours (7s) of the notification of the Judicial Officer/Panel’s written decision. In the case of an appeal by World Rugby, the timelines set out in Regulation 17 shall apply. The notice of appeal must state the specific grounds of appeal and (for the Player) shall be accompanied by the appeal deposit. |
The appeal will be heard by an Appeal Officer/Committee as soon as reasonably practicable and ordinarily within 7 days (15s)/24 hours (7s) of the appeal being lodged. If the Player was suspended by the Judicial Officer/Panel, his/her suspension remains in force pending the appeal and the Player is not entitled to play or perform any on-field role anywhere in the world during this time. |
The Appeal Officer/Committee has the power to quash, vary or increase any decision and/or penalty appealed against and/or refund any deposit lodged on an appeal. |
Summary of Process when a Player is Cited
Citing Commissioners may cite a Player for Foul Play, which in the opinion of the Citing Commissioner warranted the Player concerned being Ordered Off, notwithstanding that the act of Foul Play may have been detected by the referee and/or assistant referee. |
Citing Complaints must ordinarily be made by the Citing Commissioner to a Designated Disciplinary Officer within 48 hours (15s)/60 minutes (7s) of the completion of the Match in which the Foul Play is alleged to have occurred (or before the deadline set by the Tournament Organiser). |
Participating Unions are not entitled to cite Players but they may refer acts of Foul Play to the Citing Commissioner for consideration, provided such reference is made within 24 hours (15s)/30 minutes (7s) of the conclusion of the Match. The Citing Commissioner decides whether or not to pursue a citing complaint and his/her decision is final. |
If a citing complaint is initiated by a Citing Commissioner, a copy of the complaint and other relevant information is sent to the Player and the matter will be referred to a Judicial Officer/Panel. |
A Judicial Officer/Panel will hear the citing complaint as soon as reasonably practicable and ordinarily within 48 hours (15s)/2 hours (7s) of the conclusion of the relevant match and will consider evidence from the Player and other relevant witnesses. |
The Judicial Officer/Panel shall consider the evidence and determine whether the act(s) of Foul Play have been committed and whether they were worthy of a red card. Where the Judicial Officer/Panel decides to impose a sanction, they shall apply the World Rugby Recommended Sanctions for Offences within the Playing Enclosure (Appendix 1 to Regulation 17) subject to relevant mitigating and/or aggravating factors. |
A Player, their Union and World Rugby may appeal against the decision of the Judicial Officer/Panel provided such appeal is lodged with the Designated Disciplinary Officer within 48 hours (15s)/24 hours (7s) of the notification of the Judicial Officer/Panel’s written decision. In the case of an appeal by World Rugby, the timelines set out in Regulation 17 shall apply. The notice of appeal must state the specific grounds of appeal and (for the Player) shall be accompanied by the appeal deposit. |
The appeal will be heard by an Appeal Officer/Committee as soon as reasonably practicable and ordinarily within 7 days (15s)/24 hours (7s) of the appeal being lodged. If the Player was suspended by the Judicial Officer/Panel, his/her suspension remains in force pending the appeal and the Player is not entitled to play or perform any on-field role anywhere in the world during this time. |
The Appeal Officer/Committee has the power to quash, vary or increase any decision and/or penalty appealed against and/or refund any deposit lodged on an appeal. |
Footnotes:
(1) “International” in this context includes any Match involving a representative Team of any Union and “Professional Rugby” means any of the following: any cross-border Club competition, the Top 14 competition in France, the Premiership Rugby competition in England and the Top League competition in Japan.
(2) For the avoidance of doubt, receipt of fees for disciplinary services and/or reimbursement of expenses related exclusively to the provision of such services does not constitute “employment” for the purposes of these Regulations.
(3) The plus sign against each top end period suspension denotes this entitlement and flexibility.
(4) The Player’s disciplinary record in all competitions and (as appropriate) in other sports during his or her playing career from the age of 18 shall be considered by a Disciplinary Committee or Judicial Officer. In any case in which the Disciplinary Committee or Judicial Officer establishes that the Player has previously been found by a Disciplinary Committee and/or Judicial Officer to have committed any act of Foul Play and/or Misconduct then the Disciplinary Committee or Judicial Officer in imposing any sanction on the Player may take account of such offending as an aggravating factor in determining the appropriate sanction.
(5) The note does not apply to:
(i) Laws 9.12 (biting, contact with eye(s)/eye area and striking with head), 9.18 and 9.27 (hair pulling) where the relevant entry points reflect the specific nature of the foul play.
(ii) Where the Disciplinary Committee or Judicial Officer having completed steps 1-3 of Regulation 17.17-17.20 inclusive, and having taken into account the application of the Coaching Intervention Programme where relevant, considers that the sanction would be wholly disproportionate to the offending player’s fault and the consequences thereof.
(6) The World Rugby Coaching Intervention Programme is only available for foul play offences occurring under the “Head Contact Process”
(7), (8) and (9) The “eye” involves all tissues including the eye lids within and covering the orbital cavity and the “eye area” is anywhere in close proximity to the eye.
(10) Head-on-head contact arising out of a tackle situation should ordinarily be sanctioned under Law 9.13 below.
(11) All other definitions in the Guidelines are as per Regulation 1 of the World Rugby Regulations Relating to the Game.
(12) The note does not apply to Laws 9.12 (biting, contact with eye(s)/eye area and striking with head), 9.18 and 9.27 (hair pulling) where the relevant entry points reflect the specific nature of the foul play.
(13), (14) and (15) The “eye” involves all tissues including the eye lids within and covering the orbital cavity and the “eye area” is anywhere in close proximity to the eye.
(16) Head-on-head contact arising out of a tackle situation should ordinarily be sanctioned under Law 9.13 below.
(17) A Warning shall form part of the Players disciplinary record while at Underage level but not extend into their senior disciplinary record.