RFU Short Judgment Form

Transcription

1 RFU Short Judgment Form Match Club s Date of match Hinckley Vs Preston Grasshoppers Level 4 Competition National 2 North 24/11/2018 Match Venue Hinckley Particulars of Offence Player s Surname Howard Date of Birth 22/07/1987 Forename(s) Adam Plea Admitted Not Admitted Club name Preston Grasshoppers RFU ID No Type of Offence Law 9 Offence Sanction Totting Up Three Yellow Cards 1 Week Hearing Details Hearing Date 28/11/2018 Hearing venue Papers only Chairmen/SJO John Greenwood Panel Member 1 n/a Panel Member 2 n/a Panel Secretary Rebecca Morgan Appearance Player Yes No Appearance Club Yes No Player s Representative(s): Other attendees: List of documents/materials provided to player in advance of hearing: Hearing bundle which comprised the following documents:- Charge sheet Yellow card report dated 28/10/2018 ( High tackle) Yellow card report dated 04/11/2018 ( High tackle) Yellow card report dated 24/11/2018 ( High tackle) Statement from Adam Howard dated 27/11/18 Statement from Gareth Dyer (undated) - PGRFC Head of Rugby Operations

2 Summary of Essential Elements of Citing/Referee/s Report/Footage The Player received three yellow cards for three high tackle offences during October and November. 28/10/2018: "Sheffield were attacking towards the Preston 10m line. Sheffield 12 was in possession when Preston 17 tackled high, with force, making contact with the neck of the ball carrier. A yellow card was awarded and the player left the field." 04/11/2018: "Tynedale had won a penalty and kicked to the corner. The ball was thrown to the back of the lineout, won by Tynedale. From there, several pick and drive phases were completed moving towards the goal line. As Tynedale moved open in their play, Preston 20 made a high tackle on a Tynedale forward around 5m off the goal line. Tynedale player was low to the floor, and the tackle was made with little force however, there was contact with the head, this alongside the previous warning for tackle offences within the 22m, play was stopped and the player was shown a yellow card." 24/11/2018: "Hinckley ball carrier was in the process of being tackled by another Preston player. Howard came in as the second tackler as the ball carrier was being brought to the ground. Howard swung his right arm as a part of the tackle, without attempting to tackle low. Howard's right arm made contact with the shoulder of the ball carrier first, but then the arm continued and arm hit the ball carrier's head. Yellow card issued." Essential Elements of Other Evidence (e.g. medical reports) Each of the three yellow card reports confirmed there was no injury caused to the opposition Player involved in the incident.

3 Summary of Player s Evidence The Player provided a response in relation to each of the three yellow cards and more generally as follows:- 27/10/2018 "I tackled the opposition player and I made initial contact on the ball at chest area; when I made the tackle the opponent lowered and the tackle slipped up to neck. My intention was to target the ball. I accept the referee's decision and that my tackle slipped up. However the force of the tackle was at the chest of the opponent." 04/11/2018 "I did tackle the opposition player and agree that the Tynedale player was close to the ground. My intention was to tackle the opposition player low to stop him moving forward. I had no intention in tackling high. I accept the referee's decision." 17/11/2018 "I tackled the opposition player at the same time as a team mate was tackling lower. I was attempting to target the ball to prevent any offload; I made initial contact above the ball and this contact slipped up as my team mate was completing his tackle. I accept the referee's decision and that my tackle slipped up." I did apologise to all of my opponents for the high tackles and none of my opponents were injured in the tackles; they all played on in the matches. I can offer no mitigation for the actions that led to my yellow cards. My intention was never to tackle high, two of these tackles my initial contact was below shoulder level but my tackle slipped up to above shoulders. The other tackle my opponent was carrying the ball while close to the floor, I did not intend to tackle him above the shoulder. I fully understand and support the World Rugby changes and focus to tackle area. I accept and understand that I have a duty of care to my opponents when making and completing tackles. I have spoken with my coaches at Preston and they have gone through videos with me to modify my tackling technique so the whole tackle remains safe for my opponents. Gareth Dyer, Head of Rugby Operations at Preston Grasshoppers, provided detailed additional information in relation to the yellow cards. Mr Dyer also confirmed that the coaching team have been working with the player to improve his tackle technique. The club also recognise that focus is being made on making sure the height of any tackle does not move upwards to the danger area as per two of the yellow card incidents. The Club wished to make clear that they take the new tackle protocols very seriously and are very keen to be seen to support the intentions of the new tackle directives and support the referees who are trying to implement them. The club felt that the Tynedale incident perhaps could have been appealed, but did not believe this to be in the best interests of what the game is trying to achieve.

4 Findings of Fact The Player did not challenge the content of any of the yellow card reports and they therefore stand. Decision Breach admitted Proven Not Proven Other Disposal (please state below)

5 Sanctioning Process Assessment of Seriousness Assessment of intent - Ref PLEASE TICK APPROPRIATE BOX (a) Intentional/deliberate (b) Reckless Reasons for finding as to intent: The Player accepted that in each of the yellow card incidents his intention was never to tackle high. In two of the tackles the initial contact was below shoulder level but the tackle slipped up to above shoulders. In the other tackle the opponent was carrying the ball while close to the floor, he did not intend to tackle him above the shoulder. Gravity of player s actions - Reg (c) so serious as to cause any injury to the opposition Player involved however all three incidents involved contact to either the head or neck area. Nature of actions - Reg (d) Three high tackles making contact with the head/neck area of an opponent. Existence of provocation - Reg (e) Whether player retaliated - Reg (f) Not applicable Self-defence - Reg (g) Not applicable Effect on victim - Reg (h) The yellow card report confirmed no injury to any of the three opposition Player's involved in the tackles.

6 Effect on match - Reg (i) described by the Referee. Vulnerability of victim - Reg (j) To varying degrees all three opposition Players were vulnerable due to the height of the tackle. Level of participation/premeditation - Reg (k) Each of the tackles appeared to be a clumsy attempt to effect a legitimate tackle rather than a premeditated 'high shot'. Conduct completed/attempted - Reg (l) The conduct was completed on all three occasions. Other features of player s conduct - Reg (m) Entry point Assessment of Seriousness Continued Low-end Weeks Mid-range Weeks Top-end* Weeks *If Top End, the JO or Panel should identify, if apropriate, an entry point between the Top End and the maximum sanction and provide the reasons for selecting this entry point, below. In making this assessment, the JO/committee should be consider RFU Regulation 19 Reasons for selecting entry point Appendix 1 to RFU Regulation 19 stipulates that the entry point for totting up offences is between 1 and 3 weeks. The Players actions were reckless rather than intentional and a result in part of a tackle technique that needs to be addressed. The appropriate entry point for this totting up is therefore 1 week.

7 Additional Relevant Off-Field Aggravating Factors - Reg Player s status as an offender of the laws of the game - Reg (a) The Player confirmed in his written response the following:- "Approximately 4 years ago I received a red card for striking an opponent in retaliation to him striking me. I attended disciplinary hearing and was given a 1 week suspension. I have never before had a totting up of yellow cards & I have never been cited." Need for deterrent to combat a pattern of offending - Reg (b) Any other off-field aggravating factor that the disciplinary panel considers relevant and appropriate - Reg (c) Number of additional weeks: Acknowledgement of guilt and timing - Reg (a) 0 Relevant Off-Field Mitgating Factors Player s disciplinary record/good character - Reg (b) The Player accepted the charge. The Player has one previous matter on record as set out above. Youth and inexperience of player - Reg (c) Not applicable. Conduct prior to and at hearing - Reg (d) The Player agreed to the matter being dealt with on the papers and assisted the process by providing a detailed written response to the Chairman. Remorse and timing of Remorse - Reg (e) The Player expressed his apology in writing before the Panel and also apologised to the Players following the incidents. Other off-field mitigation - Reg (f) applicable Number of weeks deducted: 0

8 Summary of reason for number of weeks deducted: 1. The Player immediately accepted each of the yellow cards without prevarication and apologised. 2. Although each yellow card was issued for an identical offence (High Tackle) no injury was caused to the opposition player in any of the three incidents and it is accepted that each offence can be categorised as reckless rather than deliberate. It is also noted that PGRFC have taken steps to address the Players tackle technique. 3. It is noted that in relation to the second offence one of the reasons for the yellow card was the fact that PGRFC had been given a warning for the number of previous infringements. By implication had there not been these previous infringements/this warning a yellow card may not have been issued. 4. The Player does not have an extensive record of previous offences. Games for meaningful sanctions: 01/12/2018 v Hull Ionians Sanction NOTE: PLAYER ORDERED OFF ARE PROVISIONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING Total sanction 1 week Sending off sufficient Sanction commences 27/11/2018 Sanctions concludes 03/12/2018 Free to play 04/12/2018 Final date to lodge appeal Costs (please refer too Reg 19, Appendix 3 for full cost details) 30/11/ Signature (JO or Chairman) John Greenwood Date 28/11/2018 NOTE: YOU HAVE THE RIGHT OF APPEAL AGAINST THIS DECISION AS SET OUT IN REGULATION OF THE DISCIPLINARY REGULARIONS. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE TIME LIMIT AND DIRECTIONS/REQUIREMENTS RELATING TO AN APPEAL SET OUT IN REGULATION