Regulation 6 and Club Sustainability. Guidance for clubs

Transcription

1 Regulatin 6 and Club Sustainability Guidance fr clubs May 2014

2 1. INTRODUCTION: In February 2013, the IRFU Cmmittee adpted the recmmendatins f its Club Sustainability Wrking Party, which were frmulated in respnse t the findings f widespread cnsultatin thrugh Club Engagement meetings ver the curse f the seasn. Thse recmmendatins were brne f a cncern fr the future sustainability f club rugby in Ireland, especially in the face f escalating player payments in the attempt t remain cmpetitive within what are dmestic rugby cmpetitins. The recmmendatins prpsed by the Wrking Party and agreed by the Cmmittee are as fllws (nte sme f the recmmendatins are already in place but require t be fully implemented): 1. Cmpliance 2. Transfer Payments / Inducements 3. Player Expenses 4. Player Rewards 5. Participatin Criteria fr AIL 6. Academic / Sprt Schlarships 7. Benefactr/Spnsr 8. Payment t Caches / Player-Caches 9. Overseas Players 10. Other New Prpsals A Club Affairs Sub-Cmmittee (similar in status t IRFU Disciplinary Sub- Cmmittee) will be established by the IRFU frm 1 st August 2013 t examine and mnitr club cmpliance with IRFU regulatins. All financial inducements/signing-n fees, including thse t schl leavers, will cntinue t be prhibited. Frm the seasn all clubs (regardless f status) will be required t submit annually a statement f all financial expenses and nn-financial benefits (currently defined as Material Benefits in IRFU Regulatins) t named players. Frm the seasn there will be an immediate ban n the payment f players ther than thse made by a prvince (i.e., Academy/ Develpment Players) and thse made t reimburse legitimate expenses. Frm the seasn clubs wishing t cmpete in the All Ireland League and Prvincial Qualifying Leagues will have t meet minimum participatin criteria Any payment made by a university/cllege rugby club, ther than schlarships awarded by university/cllege authrities, must cmply with the new prpsals utlined in 4 abve. Any benefactr/spnsr wh supprts a club will be required t put his/her mney thrugh the club accunts, i.e., he/she will nt be permitted t give mney directly t players. Clubs will be encuraged t appint indigenus IRFU accredited caches. There will be n change t the regulatin(s) with regards the use f an verseas player. Hwever, any reward t an verseas player must lie within the bundaries f 4 abve. Frm the seasn there will be n prize mney awarded fr dmestic club leagues/cups. Sme f the recmmendatins will invlve n change t the status qu; sme will mean that existing IRFU regulatins are applied mre rigrusly; sme will mean that new prcesses cme int play, bth at club level and within the Unin as a whle. The purpse f this bklet is t supprt clubs and players thrugh the implementatin f these recmmendatins. IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 2

3 2. PLAYER REWARDS: Under IRFU Regulatin 6, clubs are prhibited frm ffering a player f any age (schls players included) any inducement r incentive either t sign fr their club, t play fr their club, r t stay at their club. These payments are referred t in the regulatins as Signing n Mney and Retentin Mney and, cllectively, they are referred t as Material Benefit. The definitin f Material Benefit is brad and includes direct and indirect payment f financial and nn-financial rewards thus: Material Benefit means mney, cnsideratin, gain, gift r ther benefit r advantage (t include but nt limited t prvisin f accmmdatin whether residential r therwise, reimbursement r discharge f lans, whether student r therwise) whatsever prmised r given t a Player r any Third Party, directly r indirectly r in a fiduciary capacity n behalf f such Player, whether in cash, in kind r therwise, by a Club r any Third Party fr having participated in r undertaken r agreed t participate in any game f Rugby Ftball The implementatin f the Club Sustainability reprt recmmendatins in seasn will mean that, in additin t the prhibitin n the payment f Signing n Mney and Retentin Mney, it will als be prhibited t pay match fees and win bnuses. The nly payments t players that a club will be permitted t make will be: Reimbursement f vuched expenses incurred fr reasnable travel and subsistence incurred slely and directly in relatin t fficial Club training, r in relatin t the playing f matches subject t a maximum ttal t be set by the Unin frm time t time; r Any payment agreed between a player and the Unin, r between a player and a Branch Clubs will still be required at the end f each seasn t submit a statement t the IRFU certifying that they have cmplied with the abve requirements and restrictins, and prviding: Details f the expenses rates and ttals which have been paid ut ver the curse f the payments made t a player-cach, as per the belw) Details f the expenses budget have been agreed by the club fr the frthcming seasn The frmat fr this statement will be prvided within a revised Appendix t IRFU Regulatin 6, at Appendix 2. The statement must be signed by club fficers (including the Directr f Rugby, Head Cach r equivalent) and submitted t the IRFU by 31 st August in each year. Again, this will be separate frm and in additin t the annual statement f accunts that clubs are required t submit t the IRFU. An additinal requirement will be that each club shuld reprt t its Annual General Meeting the nature and extent f the expenses which have been paid t players ver the curse f the previus seasn, and the prpsed expenses budget t pay ver the curse f the frthcming seasn. The statement submitted t the IRFU by 31 st August will carry an affidavit that the AGM has been staged and apprved these expenses. The implicatin f this requirement will be that clubs shuld schedule their AGM in time fr this statement t be cmpleted and submitted t the IRFU by 31 st August. IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 3

4 3. PLAYER TRANSFERS: At present, as stated abve, clubs are prhibited frm ffering a player f any age (schls players included) any inducement r incentive either t sign fr their club, t play fr their club, r t stay at their club. This prhibitin will remain in place and will be rigrusly enfrced. When a player wishes t transfer frm ne club t anther, he/she must first cmplete a frm t ntify his existing club that this is his intentin: the frm is t be fund within Part 1 f Appendix 4 t IRFU Regulatin 6. The Secretary, Directr f Rugby r cach f his existing club must als sign the frm t signal the club s awareness and acceptance f the player s intentin t mve. The player must then take Part 2 f the frm t the club he wishes t sign fr, and have their Secretary sign it t certify that n Signing n Mney r ther inducement r incentive has been r will be paid r ffered t the player t persuade him t mve. The frm is then submitted either t the IRFU (when the mve is t an AIL club) r t the Branch in which the player s new club is lcated. The player is nt permitted t play fr his new club unless r until Part 3 f the frm (which is the Unin r Branch s acknwledgement that the transfer has been cmpleted t its satisfactin) has been signed ff. N part f this prcess will be changed by the implementatin f the Club Sustainability reprt ther than sme minr changes f wrding t the IRFU s Regulatin 6.5 and t the transfer frms. The transfer frms will hencefrth appear at Appendix 1 t Regulatin 6. There will, hwever, be the ptential impsitin f an additinal perid f grace fllwing the transfer, and during which the Unin r the Branch may investigate the transfer if it wishes t d s. During this perid the player may nt play fr his new club, until such time as the Unin r Branch gives him permissin t d s. 4. OVERSEAS PLAYERS AND PLAYER-COACHES: i. Overseas players Regulatin 9.14 allws AIL clubs t sign and play ne verseas player per seasn, prvided that he has taken up and remains in residence and has been prperly registered prir t the 1 st Octber. There will be n change t this regulatin thrugh the implementatin f the Club Sustainability reprt except that the prhibitins regarding the payment f players will apply. That is t say, frm the implementatin f the Club Sustainability reprt recmmendatins in seasn , n verseas player will be permitted t receive any payment ther than the reimbursement f vuched and reasnable expenses as per the abve. ii. Player-caches At present, caches can be engaged and remunerated by clubs withut restrictin and playercaches tend t be cntracted first and fremst as caches, s that the payments made t them fall utside f the maximum limits set fr player rewards. The implementatin f the Club Sustainability reprt will change this situatin slightly, in that: Clubs will cntinue t be able t engage and remunerate caches withut restrictin, as lng as any payments made t caches g thrugh the club s bks and are prperly declared fr the purpses f taxatin IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 4

5 Hwever, when a club wishes t engage a cach wh als plays, this will be subject t regulatin, as fllws: This will nly be permitted at first-team level, i.e., the player-cach must play fr and cach the club s first team The player-cach must be qualified t a minimum level, i.e., IRFU Level 2 r equivalent The player-cach must have a frmal jb descriptin and an emplyment cntract, bth f which must be submitted t the IRFU fr apprval The payments made t a player-cach must be recrded as part f the statement which the club submits t the IRFU by 31 st August each year, as per the abve 5. UNIVERSITY CLUBS: All f the abve restrictins apply t university clubs in the same way that they apply t all ther IRFU member clubs. The implementatin f the Club Sustainability reprt will change this situatin slightly, in that a university (bdy) will still be able t prvide a player with a bna fide Academic bursary r schlarship as a student at that university, but it cannt be awarded by the University Sprts Club. Hwever: The prhibitin against the payment f Signing n Mney, Retentin Mney, match fees and win bnuses will apply equally t a university club as t any ther club (althugh the reimbursement f vuched and reasnable expenses t an agreed maximum level will be permitted) Each university club will still be required t submit t the Unin full details f all students receiving a bursary r schlarship befre 1 st Nvember in each year This submissin will be investigated t ensure that these bursaries / schlarships are issued fr valid academic reasns and nt t effect r increase payment fr play t any player 6. COMPLIANCE: At present, Regulatin 6.7 puts the nus n a club t raise a cmplaint in the event that it has reasn t believe that anther club has breached any f the prvisins within this sectin in respect f player registratin, eligibility, transfer r payment. Any breach f IRFU Regulatin 6 is t be adjudicated by the Unin s Disciplinary Cmmittee. Hwever in summary: Cmplaints in regards t payment and/r inducements will be adjudicated by the Club Affairs Cmmittee, prir t frwarding t the Discipline Cmmittee. In this circumstance, the cmplaint and the apprpriate evidence shuld be frwarded t Grdn Black, Rugby Administratin Manager, C/O IRFU. Where such cmplaints invlve AIL clubs, and are cncerned primarily with registratin, eligibility and transfers, they will be adjudicated by Club Affairs Cmmittee prir t being referred t the IRFU Disciplinary Cmmittee IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 5

6 Where such cmplaints invlve clubs in leagues at Qualifying League level and belw, and are cncerned primarily with registratin, eligibility and transfers, they will be adjudicated at Branch level and nt by the Disciplinary Cmmittee The Fllw chart belw utlines the inter relatinship between the Club Affairs Cmmittee and Prvinces Prvincial Leagues (including Qualifying League) Cnnacht Leinster Munster Ulster Registratin / Eligibility / Transfers Player Payments / Club Finances / Cmpetitin Eligibility Criteria Registratin / Eligibility / Transfers AIL LEAGUE SUB- COMMITTEE CLUB AFFAIRS COMMITTEE PROVINCIAL COMPETITIONS COMMITTEE Bursaries / Schlarships Allegatins f breaches f regulatins Investigates and determines alleged breaches f Regulatin 6.6 IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 6

7 i. Club Affairs Cmmittee T mnitr Regulatin 6, the Club Affairs Cmmittee (CAC) has been established.. The CAC will be a sub-cmmittee f the Unin Cmmittee, and have delegated respnsibility fr all matters related t the implementatin f the Club Sustainability reprt and the mnitring f clubs cmpliance with Regulatin 6. While the CAC will have an verview f matters relating t registratin, eligibility and transfers, it will nt nrmally invlve itself in these. Instead, mnitring and adjudicatin f issues relating t these areas will cntinue t sit within the briefs f the AIL League Sub-Cmmittee and the Branches, depending n the levels cncerned. The CAC will, hwever, have specific pwers and respnsibilities in respect f: The investigatin f club finances, where it has reasn t believe that a club may be in breach f regulatins The scrutiny f individual player transfers, where it has reasn t believe that these may be in breach f regulatins Especially, any alleged breach f Regulatin 6.6 in respect f the payment f players In the event that a cmplaint is brught t the attentin f the CAC, r it has reasn t believe that a transactin is in breach f Regulatin 6.6, it will first cnduct an investigatin t assess the balance f prbability as t whether a breach has in fact been cmmitted. If the utcme f the investigatin supprts a reasnable belief that a breach is evident, then the CAC will refer the matter t the IRFU s Disciplinary Cmmittee fr determinatin. The Disciplinary Cmmittee will then act within the pwers and prcedures set ut fr it by IRFU Regulatin 5. In the event that a breach is prven, the range f sanctins available t the Disciplinary Cmmittee t impse (subject t the right f appeal) will be as fllws: A cautin, a warning as t future cnduct, r a reprimand A fine The requirement t replay a match at such time and at such venue as is thught fit The frfeiture f, and/r the granting t anther club r clubs f, the cmpetitin pints fr a match The deductin f cmpetitin pints The suspensin r expulsin f the club, player r persn fr such perid as may be deemed apprpriate Such ther penalty r sanctin as may be deemed apprpriate The payment f csts ii. Filing a cmplaint If any club r player has reasn t believe that anther club, player r related persn is invlved in the payment f players and therefre in breach f Regulatin 6.6, they may file a written cmplaint with the Unin. In rder t discurage frivlus cmplaints, a cmplaint must be accmpanied by a depsit ( 500 fr a club, 100 fr a player r players) and by supprting evidence; it must als be signed ff (by the club secretary, r by the player r players albeit that reasnable endeavurs will be made t ensure that any club r player wh files a cmplaint will have their annymity prtected). IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 7

8 If crrectly submitted, a cmplaint will be assessed in the first instance by the Chair f the CAC (via the Rugby Administratin Manager), wh will have abslute discretin t determine whether the cmplaint is wrthy f further investigatin as per the abve. Fr each cmplaint, the Chair will determine whether: The cmplaint shuld be pursued n the basis f the supprting evidence submitted The cmplaint requires additinal evidence prir t pursuit, in which case this might be either requested frm the plaintiff r surced by the Unin thrugh its wn resurces; r The cmplaint is nt wrthy f pursuit, due t a lack f cmpelling evidence In the event that a cmplaint is successfully pursued, and a breach f regulatins is prven, then the plaintiff will have their depsit refunded. Hwever, if a breach f regulatins is nt prven, then the plaintiff will frfeit their depsit. The chart verleaf utlines the cmplaint prcess; en. Prcess fr Clubs/Players t raise issues related t Regulatin 6 (Nte: Branches thrugh their cmpetitin/discipline Cmmittees can raise items directly with the IRFU) Cmplaint cmes in t Rugby Administratin Manager Is there an accmpanying payment? (Player and Club Only) Is there supprting evidence? N Yes N Cmplaint referred back t plaintiff with request fr payment Cmplaint referred t Chairman f Club Affairs Cmmittee Cmplaint referred back t plaintiff with request fr infrmatin Is the cmplaint cnsidered t be wrthy f investigatin? N Cmplaint rejected fr lack f substantiatin Yes Casefile prepared by Rugby Administratin Manager and reviewed by the CAC Chair Chairman f Club Affairs refers Casefile t IRFU Discipline Cmmittee Is the cmplaint upheld by the IRFU Discipline Cmmittee? N Plaintiff payment is withheld Yes Plaintiff is refunded their payment Offending club / player is penalised IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 8

9 7. FREQUENTLY ASKED QUESTIONS: Currently, Regulatin allws ne player t sit utside the regulatins will this be maintained in future? N all players will be subject t the prhibitin n the payment f match fees and win bnuses when it is intrduced in The nly exceptin will be a player-cach, wh may be remunerated subject t the cnditins utlined abve. Surely the new regulatins will prevent verseas players frm securing wrk permits? Players frm verseas will nt be able t secure wrk permits as prfessinal rugby players, unless they qualify as a player-cach. Individuals frm verseas wh secure wrk permits t pursue ther prfessins will be permitted t play dmestic club rugby, but within the regulatins in place frm time t time. Can clubs get rund the regulatins simply by paying inflated expenses t players? N Reimbursement f vuched expenses incurred fr reasnable travel and subsistence incurred slely and directly in relatin t fficial Club training and r matches, nt exceeding the levels that may be set frm time t time by the IRFU Unin Cmmittee may be paid What if players are paid by individuals r rganisatins utside f a particular club, in rder that they shuld play fr that club? As stated abve, the current Regulatin 6 defines Material Benefit as mney, cnsideratin, gifts r ther benefits whatsever prmised r given t a Player, his spuse r his immediate family, directly r indirectly r any third party in a fiduciary capacity n behalf f such Player, in cash r therwise, frm a Club r any third party fr having participated in r undertaken t participate in any game f Rugby Ftball. Using this definitin, a prhibitin against the payment f Material Benefit might reasnably be cnstrued t cver the circumstances described in the questin. Furthermre, the IRFU s Laws specify that the Unin exercises gvernance ver all Persns, namely any player, referee, cach, manager, fficial, medical fficer, staff, supprter r any individual wh is r has been invlved in the Game, r in the rganisatin, administratin r prmtin f the game. Again, the breadth f this definitin allws Regulatin 6 t extend beynd the immediate ambit f the club and the player, and t cver als ther individuals wh are assciated albeit indirectly with the game. What abut existing cntracts with players / caches? Can these be bserved? Significant warning was given t clubs in regards t the implementing the Club Sustainability recmmendatins t give time fr clubs and players t run dwn existing cntracts. Will university clubs develp an advantage by being able t ffer bursaries and schlarships t players? The IRFU has n authrity ver the issue f bursaries and schlarships by universities t students fr academic purpses nr can it cntrl the issue f such awards t rugby players, where the cnditins f an award are prperly cncerned with the develpment f sprting talent within the university setting. Hwever, by exercising scrutiny ver such awards within the scpe f its regulatins, the IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 9

10 Unin can use reasnable endeavurs t ensure that the spirit f the Club Sustainability reprt is nt being infringed by university clubs t gain an unfair advantage. Will players be prevented frm playing fr lng perids f time while their transfers are reviewed and apprved? This is nt the intentin f the Club Sustainability reprt. The intrductin f a new regulatin which prevents a player frm playing fr his new club until the transfer is reviewed and apprved is merely the frmalisatin f the prcess which is currently in place, where the Unin r Branch is required t sign ff Part 3 f the Inter-Club Transfer Frm. Hw will it be pssible t plice these regulatins effectively? Under Law 10 (c), the IRFU already has pwer t inspect the bks f any member club while Regulatin 6 requires every club t submit t the Unin an annual statement f the payments it has made t players. The institutin f the CAC will prvide a dedicated cmmittee whse rle it is t scrutinise these statements, and t investigate any anmalies r cmplaints this in additin t the pwers and prcesses which are already exercised by the AIL League Sub-Cmmittee and the Branches. What srt f evidence will be required t supprt an allegatin f player payments in breach f the regulatins? It is accepted that, in the first instance, the dcumentary evidence available t supprt an allegatin that anther club is paying its players may be scant. In this event, a club r player wh has genuine reasn t believe that a breach f regulatins is being cmmitted may prvide a witness statement t that effect, stating the grunds fr this belief even if they have n hard evidence t back this up. On receipt f this cmplaint, the CAC will have pwer t cnduct further investigatins t see if evidence des in fact exist in which case it will pursue the cmplaint t a cnclusin. Will there be a right f appeal fr clubs wh are adjudicated t have paid players in breach f regulatins? Yes this will be t the Cmmittee f Appeal, either at Branch r Unin level as apprpriate, thrugh the applicatin f Regulatin IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 10

11 8. SUMMARY OF CLUB OBLIGATIONS: By 31 st August each year (in 2013/14 seasn extended t end f September) Each club (including university clubs) t submit t the IRFU a certified statement f payments made t players in the previus seasn (see Appendices t IRFU Regulatin 6) Frm (nwards), this will: Require an AGM t have been staged in advance, in sufficient time t apprve the statement prir t submissin Include a statement f expenses t be paid t players in the frthcming seasn By 1 st September each year Each club t have registered its adult players fr the seasn abut t cmmence (IRFU Regulatin ) By 31 st Octber each year By 1 st Nvember each year By 2 nd April each year (frm 2015/16 seasn) Player payments Each club t submit t the IRFU the names f its hnrary secretary and hnrary treasurer tgether with the number f paid up members during the preceding seasn, and an audited statement f its accunts fr that seasn (IRFU Law 10) University clubs t submit t the IRFU full details f all students receiving a bursary r schlarship in the current academic year (IRFU Regulatin ) Each club t have cmpleted and submitted a self-assessment f its fulfilment f the minimum standards criteria which gvern the cmpetitin in which it plays N player may be paid either Signing n Mney r Retentin Mney t jin r play fr a club Frm seasn , players (including frm verseas) may be paid reasnable and vuched expenses nly Player and current club t cmplete Part 1 f the Inter-Club Transfer Frm (see Appendices t Regulatin 6) cnfirming the intentin t mve Player transfers Player and new club t cmplete Part 2 f the Inter-Club Transfer Frm cnfirming that n payment has been r will be made t induce the mve Unin / Branch t cmplete Part 3 f the Inter-Club Transfer Frm: Player is unable t play fr the new club unless and until this is signed ff Cach payments Caches may be remunerated fr their cntributin, as lng as this payment ges thrugh the club bks and is subject t apprpriate taxatin Frm seasn , nly ne player-cach per club may be engaged this at first-team level, and subject t the apprval f the IRFU IRFU Regulatin 6 & Club Sustainability Guide fr clubs - 11