RFU SHORT JUDGMENT FORM RFU REGULATION 19

Transcription

1 RFU SHORT JUDGMENT FORM RFU REGULATION 19 Match Blackheath Ladies Saracens Women Club level 2 Competition RFUW Junior Cup Date of match 15/10/2017 Match venue Blackheath PAGE 1 PARTICULARS OF OFFENCE Player s surname Cleall Date of birth Forename(s) Bryony RFU ID number Club name Saracens Women Plea Admitted Not admitted Offence 10.4(s) Failure to respect the authority of the match official SELECT: Red card Citing Other Hearing date 19/10/2017 Hearing venue By phone Chairman Gareth Graham Single Judicial Officer Secretary Rebecca Morgan Panel member 1 Panel member 2 Decision Proven Not proven Other disposal (please state) Click to enter other disposal. HEARING DETAILS ESSENTIAL ELEMENTS OF CITING/REFEREE S REPORT/DVD FOOTAGE The Referee dismissed the Player from the field for failing to respect the authority of the match official contrary to Law 10.4.S in the 11 th minute of the second half. The red card report submitted by the Referee, Liam Burnell, read as follows:- At the 50 minute point of the game, Blackheath were attacking and were approximately 10 metres from the Saracens try line in the centre of the field of play. I had given a verbal indication of Penalty advantage Blackheath, offside and also held my arm out to reaffirm my decision. Believing Blackheath were still in control of the ball I allowed play to continue until it was clear Saracens now had control of it and as I blew my whistle to stop the game, Saracens player no 17 picked up the ball, turned around and aggressively kicked the ball dead in goal, creating as much distance between the penalty mark and the ball as was possible. Given the state of the game, the area of the field that the infringement occurred and also that it was absolutely clear that players from both teams knew of the impending penalty (a number of Blackheath players were also shouting at each other to communicate my decision) I assessed that the player acted contrary to good sportsmanship (Law 10.4 m) and issued a yellow card to the player who kicked the ball away. The player immediately protested vehemently to which I replied her actions were completely unacceptable and you knew exactly what you were doing. Now standing in front of the player (who was visibly angry) and watching her begin to turn around to walk from the field of play, as she began to walk off she told me to Oh fuck off. I called the player back to me and told her that You will not swear at me and immediately issued a red card. I assessed that this was grossly unacceptable and contravened Law 10.4 (s) All players must respect the authority of the referee. The player then left the field of play. Immediately after the final whistle the player who had been red carded approached me and before she spoke I said I don t need to speak to you, nor am I interested in anything you have to say she replied immediately with I just want to apologise for what I said, but it wasn t aimed at you to which I responded, in front of her coach That s completely irrelevant I have entered player s name on basis of team sheet entry. The Player denied the charge as put. She provided a statement in advance of the hearing which confirmed her position as follows:- I made a tackle on the number 10 and ripped the ball off her. As I did so in one motion, I looked to kick the ball off the field of play due to being under pressure from Blackheath near our try line. During the motion of me kicking the ball, the whistle was blown. The England rose is an official registered trade mark of the Rugby Football Union and is the subject of extensive trade mark registrations worldwide.

2 PAGE 2 ESSENTIAL ELEMENTS OF CITING/REFEREE S REPORT/DVD FOOTAGE CONTINUED The referee then called me over - as I approached the referee I said "I kicked it as you whistled". He then issued me a yellow card. I left the pitch straight away and whilst running away, out of frustration to myself as I had just entered the field of play as a replacement and was looking to impress our coaches, I muttered 'for fucks sake'. This was aimed wholly at myself due to the frustration. The referee then called me back and showed me the red card and I left the field of play as instructed. I am a qualified referee and have recently been refereeing the London Irish Academy so understand that abuse to a match official has no place in the game of rugby. When being given both cards I did not dispute either one given to me as I know they will never be changed and how hard being a referee can be. I apologised to the referee as soon as I could and told him that it was not aimed at himself. He told me to "go away, I don't want to talk to you". I deny the charges as I at no point abused the referee however, I would still like to apologise for my choice of words. The Referee was contacted by phone and answered questions put to him by both the club and the Chairman. The Referee confirmed that at the time of the match he was not aware that it was being recorded but had since been made aware of the footage and had viewed the incident. He did not have a copy of the footage before him whilst he was on the phone. When asked, he confirmed that he did not wish to add or change anything in his report. The Referee was asked firstly in relation to the yellow card incident. He accepted when questioned by Saracens that the ball had been ripped off the Blackheath player by a Saracens player. He was asked if the yellow card was for kicking the ball after the whistle had been blown but confirmed it was because the Player had kicked the ball which was against the spirit of the game. When further questioned as to whether the Player was entitled to play the ball given it was ripped and she was defending, the Referee referred to her actions as being against the spirit of the game. The Referee was asked to clarify how the Player had protested vehemently and what it was about her demeanour that the Referee felt was visibly angry. The Referee was unable to confirm exactly what it was about her demeanour that led him to the conclusion that she was visibly angry but felt that a lesser person might have been intimidated by her behaviour. Saracens Women asked the Referee if he had been able to hear the words used by the Player following the yellow card clearly as the video footage appeared to show her walking away from the Referee as she was speaking. The Referee did not have the benefit of viewing the footage at the same time as the club but his recollection was that the Player was turning away as she said the words alleged. He explained that he had been refereeing for a number of years and his view was that the language used in this game was an absolute disgrace. He felt that the words used were directed at him and that he therefore couldn t let it go. The apology from the Player at the end of the game led the Referee to conclude that the comment had definitely been aimed at him. The Referee was asked if it was possible that the Player said for fucks sake (as per her statement) to which the Referee responded that it was not. He was also asked if whether, knowing her position now, her apology at the end of the match put a different spin on that position. The Referees evidence was that the fact the Player now says she said something different was irrelevant. In his view, the comment was directed at him because he d given the yellow card and on the balance of probabilities, as he was the only one in the area, it must have been aimed at him. The Player queried the volume at which the Referee would say the words were spoken at and if the Referee was looking at the Players mouth or face at the time. The Referee confirmed that the words were said loud enough to be heard clearly and that he was looking at her mouth at the start and then the Player turned and carried on so the Referee issued the red card. The Player was in the Referees view, approx. 2/3m away when she was called back and given the red card. The Referee confirmed when asked that he had been refereeing for 2 years and had taken charge of 30 games (civilian and military) during that time. He is part of the ARU and that he referees Army matches at Corps level. He is a level 10 Referee with the ARU and level 12 with the Kent Referees Society. The Player then gave her evidence of the events. At the time of the yellow card, she had been on the pitch for 7 minutes of which Blackheath had been on the try line for 5. She had not realised that there was a penalty advantage being given by the Referee and so kicked the ball at the same time as the whistle was blown. She said that having been given a yellow card, she was not angry but muttered for fucks sake out of frustration as she had only been on the field a short time. The Referee then called her back and issued the red card and she left the field straightaway. She confirmed that she is a Referee herself and has refereed some of the London Irish Academy players. She apologised again for swearing but reiterated that it was not aimed at the Referee and felt that he had interpreted the situation wrongly. She believed that the card was for swearing but did not realise that the Referee believed it had been aimed at him. The Player stressed that she did not in any way believe the Referee was lying but that she was not angry and had not gesticulated. She believed it was therefore a misinterpretation of the situation by the Referee. The Chairman considered all of the evidence in the hearing bundle, the video footage and the oral evidence of the Player and Referee via phone. In all of the circumstances, the Chairman was satisfied that the Referee had misinterpreted the series of events leading to both the yellow card and the red card. As such, the actions of the Player did not merit the award of a red card and accordingly the charge was dismissed. The Player is therefore free to play with immediate effect.

3 PAGE 3 ASSESSMENT OF SERIOUSNESS REGULATION PLEASE TICK APPROPRIATE BOX Intentional/deliberate (a) Reckless (b) Gravity of player s actions (c) Nature of actions (d) Existence of provocation (e) Whether player retaliated (f) Self-defence (g) Effect on victim (h) Effect on match (i) Vulnerability of victim (j) Level of participation/premeditation (k) Conduct completed/attempted (l) Other features of player s conduct (m)

4 PAGE 4 ASSESSMENT OF SERIOUSNESS REGULATION CONTINUED Entry point Top end* Click weeks Mid-range Click weeks Low end Click weeks *If top end, the Panel should identify an entry point between the top end and the maximum sanction ( ) - see Appendix 2 In making the above assessment, the Panel should consider the RFU guidance (Note 2) set out in Appendix 5 to Regulation 19. Significant weight should be given to RFU regulation (a), (h) and (i). Reasons for entry point: ADDITIONAL RELEVANT OFF-FIELD AGGRAVATING FACTORS (REGULATION ) Player s status as an offender of the Laws of the game (a) Need for deterrent (b) Any other off-field aggravating factors (c) Number of additional weeks: N/A weeks

5 PAGE 5 RELEVANT OFF-FIELD MITIGATING FACTORS (REGULATION ) Acknowledgement of guilt (a) Player s disciplinary record/good character (b) Youth & inexperience of player (c) Conduct prior to and at hearing (d) Remorse & timing of remorse (e) Other off-field mitigation (f) Number of weeks deducted: N/A weeks NOTE: SUBJECT TO REGULATION , A DISCIPLINARY PANEL CANNOT APPLY A GREATER REDUCTION THAN 50% OF THE RELEVANT ENTRY POINT SUSPENSION SANCTION Banned from Click here to enter a date. Banned to Click here to enter a date. Ban split from Click here to enter a date. Ban split to Click here to enter a date. Free to play Click here to enter a date. Total sanction 0 weeks Sending off sufficient Costs 0 Final date for appeal: 28/10/2017 NOTE: UNDER RFU REGULATION , PLAYERS ORDERED OFF ARE PROVISONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING Signature (Chairman) Signature (Secretary) Gareth Graham Date 27/10/2017 Rebecca Morgan Date entered to GMS Not applicable Additional information: - The red card will be expunged from the Players record.