RFU DISCIPLINARY HEARING

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1 RFU DISCIPLINARY HEARING PLAYER: CLUB: ROCHELLE CLARK WORCESTER VALKYRIES DATE: 26 JANUARY 2017 VENUE: PANEL: HOLIDAY INN ROTHERHAM SAMANTHA HILLAS (CHAIR) JOHN LOUGHTON TONY WHEAT There were no objections to the composition of the panel SECRETARY: BRIAN STOTT IN ATTENDANCE: ROCHELLE CLARK ( The Player ) STEVEN FLYNN (representing the Player) FROM DARLINGTON MOWDEN PARK RFC: HANNAH MORTON ANTHONY CORPS (representing Darlington Mowden Park RFC) ASSISTANT REFEREE: MR P STENTIFORD (by telephone) STATEMENT OF OFFENCE (a) (b) Dangerous tackle, contrary to law 10.4(e) or in the alternative Dangerous charging, contrary to law 10.4(g) PARTICULARS OF OFFENCE (a) (b) In the match between Darlington Mowden Park Sharks and Worcester Valkyries on 8 January 2017, Rochelle Clark of Worcester Valkyries dangerously tackled Hannah Morton of Darlington Mowden Park Sharks. The incident occurred in the 7th minute of the second half of the match. or in the alternative In the match between Darlington Mowden Park Sharks and Worcester Valkyries on 8 January 2017, Rochelle Clark of Worcester Valkyries dangerously charged or knocked down Hannah Morton of Darlington Mowden Park Sharks without trying to grasp her. The incident occurred in the 7th minute of the second half of the match. 1

2 BACKGROUND TO THE HEARING 1. The RFU brought the charges against the Player as set out above following a citing by Darlington Mowden Park RFC. This is set out in DMP s citation report dated 16 January The Player was cited for the two alternative offences as set out above - dangerous tackle, contrary to law 10.4(e) and dangerous charging, contrary to law 10.4(g). 3. The player had received a yellow card for the offence of dangerous tackle, contrary to 10.4(e). 4. Miss Morton (the tackled player) suffered a suspected fractured rib on her right hand side close to her spine. She will be unable to play for four to six weeks. 5. The Player denies both charges. THE EVIDENCE 6. The Panel had sight of the following written material:- a. Charge Sheet; b. Citing report in the form of a letter from Darlington Mowden Park RFC dated 16 January 2017 signed by the Chairman, M J Keeligan; c. Yellow Card Report; d. Letter from Worcester Valkyries enclosing dated 19 January 2017 enclosing further match footage and stills from the match footage, signed by CEO Jim O Toole; e. from Darlington Mowden Park Sharks dated 20 January 2017 enclosing Miss Morton s patient summary from Leeds General Infirmary following Miss Morton s attendance at the emergency department on 8 January 2017; f. from the Player dated 20 January 2017 containing her personal statement 7. The Panel viewed match footage supplied by both Darlington Mowden Park RFC and Worcester Valkyries as well as the stills provided by Worcester as set out at 6(d) above. 8. The Panel also viewed 20 stills taken from the Worcester match footage, supplied by Mr Flynn on behalf of the Player. There was no objection to the Panel considering the additional stills and copies were provided to all parties and members of the Panel. 9. The Panel heard evidence from: g. The Player; 2

3 h. Miss Morton; i. Mr Stentiford, the assistant referee. 10. The Panel heard additional submissions in opening and closing from Mr Flynn for the Player and from Mr Corps for Darlington Mowden Park RFC. YELLOW CARD REPORT The following is taken verbatim from the report: Report of incident: In the second half of a fairly even match, Worcester fly half put in a cross field kick around the half way line, the DMP winger was travelling at full speed and jumped to receive the ball and just before she landed, I saw Rochelle Clark lead with her shoulder to make a tackle but she did connect with the winger as she landed. I flagged in foul play and the referee stopped the game. The referee asked me for what I had seen I said that the blue prop tackled the DMP winger with no arms in the tackle. He asked me for a recommendation I said "yellow card". Any other information: The DMP winger was hit hard in the tackle and went off injured and never returned to the field of play THE CITING 11. The letter from Darlington Mowden Park RFC dated 16 January 2017, which forms the basis for the citing, asserts that the yellow card issued to the Player, was insufficient given her breach of laws 10.4(e) and 10.4(g). 12. Law 10.4(e) states: Dangerous tackling. A player must not tackle an opponent early, late or dangerously. A player must not tackle (or try to tackle) an opponent above the line of the shoulders even if the tackle starts below the line of the shoulders. A tackle around the opponent s neck or head is dangerous play. A stiff-arm tackle is dangerous play. A player makes a stiff-arm tackle when using a stiff- arm to strike an opponent. Playing a player without the ball is dangerous play. 3

4 A player must not tackle an opponent whose feet are off the ground. 13. Law 10.4(g) states: Dangerous charging. A player must not charge or knock down an opponent carrying the ball without trying to grasp that player. 14. The citing letter went on to say The video will show that Clark did not attempt to wrap her arms around Morton, her left arm is across her chest and she dips her right shoulder into Morton at chest height and slides up to her neck. When hit by Clark, Morton was in the air having caught the ball. FURTHER SUBMISSIONS AND EVIDENCE FROM DARLINGTON MOWDEN PARK RFC 15. Mr Corps reminded the Panel that, despite the forthcoming Six Nations and the Player s possible participation in it, this matter should be dealt with in the same way as any other hearing involving ordinary players. 16. Mr Corps went through the stills from the match footage provided by Mr Flynn and made submissions as summarised below:- a. In the first photograph, the Player is tracking the ball. From photograph 2 onwards, she is not, as she is looking at Miss Morton. To manage the impending contact, the Player should have tracked the ball; b. Photograph 7 shows Miss Morton before she catches the ball, in photograph 8, her foot is planted. In photograph 9, she catches the ball and is jumping, seen clearly in the real time match footage; c. Whilst in the real time match footage, it appears the Player made very little attempt to wrap around, photograph 10 does show that the Player s right arm seems to come around Miss Morton; d. If a player is tackled in the air, they have to be put down carefully. Unfortunately Miss Morton ends up on her back, not having been put on the ground. 17. In presenting the match footage, Mr Corps submitted that the Player made a clumsy tackle and she should have made a greater effort to avoid it. It was not accepted that Miss Morton jumped into the tackle and it was maintained that Miss Morton was in the air when she was tackled. 18. Given Mr Corps submission about the still photographs showing (more clearly than in the real time match footage) that the Player s arm was around Miss Morton s back during the tackle, he was asked whether he maintained the alternative citing for a charge contrary to law 10.4(g) dangerous charging was applicable. 4

5 19. Whilst Mr Corps initially maintained the Panel should consider both charges in the alternative, prior to the conclusion of the proceedings, he conceded that the alternative charge of 10.4(g) did not appear to be made out. 20. After further discussion, Mr Corps indicated that the Panel may wish to consider an alternative charge contrary to law 10.4(i), which states: Tackling the jumper in the air. A player must not tackle nor tap, push or pull the foot or feet of an opponent jumping for the ball in a lineout or in open play. 21. Miss Morton gave evidence summarised as follows:- a. She remembers the full back kicking the ball over and she jumped to catch the ball. She does not really remember what happened after that. She remembers seeing the Player, but nothing from the impact onwards. The next thing she knew, the full back was immobilising her head and talking to her on the floor. She was disorientated, winded and was carried off the field; b. She was in the air when she was tackled; c. She has no recollection of the Player s arm coming around her back in the tackle but agrees this can be seen from the stills; d. The photographs do not clearly show the point at which she was in the air but she would say that by photograph 9, her foot has come off the floor and her foot is in the air in photographs 10 and 11; e. After she was taken off the pitch, she stayed until after game when the Player apologised. She agrees that she responded with words to the effect of these things happen. THE PLAYER S CASE 22. Mr Flynn for the Player made submissions summarised as follows:- a. Photo 1 shows the ball in the air, the Player chasing the ball and her eyes directed towards the ball. By photograph 2 she has recognised she is not going to get to the ball, is not going to compete in the air and directs her attention to where the ball will land; b. The player recognises her duty of care to other players and acted accordingly; c. Miss Morton s foot is clearly planted when she was tackled by the Player and she was not in the air; d. There is a disparity in size between the Player (a front row forward) and Miss Morton (a winger) which led to Miss Morton s injury following the tackle; e. Photograph 10 shows Miss Morton jumping into the tackle; f. Photograph 11 shows the Player s arm wrapped around Miss Morton s back at chest height. There is no contact with the head and Miss Morton s 5

6 head does not snap back as it might if there had been contact with the head; g. Although it was a significant hit in the context of rugby match, it was a legal tackle and was not reckless; h. Regulation has the effect that a referee s decision on the field of play shall not be overturned by a Disciplinary Panel: the assistant referee was not more than 15 yards away, he dealt with the incident by awarding a yellow card and the Disciplinary Panel is not required to go beyond that; i. This was not an early, late, dangerous or high tackle and Miss Morton was not in the air when she was tackled. None of the elements for either of the alternative charges is made out; j. There was, in any event, no foul play. 23. The Player in evidence had little to add to her personal statement dated 20 January She confirmed the case as put by Mr Flynn. When asked by Mr Wheat why she did not follow through in the tackle and put Miss Morton to the ground, she said that Miss Morton bounced off her and out of the tackle. The momentum of this caused her (the Player s) left leg to swing around and she then managed to stabilise herself as both feet were on the ground. MR STENTIFORD S EVIDENCE 24. In summary, Mr Stentiford (the assistant referee) stated:- a. He wrote the content of the yellow card report; b. He put the offence down as being contrary to law 10.4(e) as the drop down menu did not have a heading for the foul play he witnessed; c. He did not consider the offence of dangerous charging contrary to 10.4(g) as this was not dangerous charging: 10.4(e)is about contact and 10.4(g) is about charging an opponent; d. Miss Morton was not in the air when she was tackled; e. He viewed the tackle as a clumsy and reactional challenge and judged it as a tackle with no arms. It was not deliberate; f. He has viewed the match footage and can see the Player has one arm across Miss Morton s back. He did not see that during the live match and had thought at the time that the Player had not used an arm at all, but had instead hit Miss Morton with her shoulder; g. Having viewed the match footage, his recommendation of a yellow card would stand. It was almost a clothes line tackle. It was reckless; h. No one wants to see a player injured but equally no one wants to see a player banned for a clumsy challenge, when the Player did not set out to hurt Miss Morton. 6

7 THE PANEL S FINDINGS 25. As conceded by Mr Corps for DMP and Mr Stentiford, the match footage (and in particular the stills) show that the Player used her arm in the tackle and her arm was around Miss Morton s back during the tackle. 26. The match footage shows that, when the Player became aware Miss Morton was going for the ball, she begins to ready herself for the tackle by bending her knees and beginning to spread her arms. 27. There is no criticism of Mr Stentiford or Mr Corps for concluding, when viewing the incident live or on the real time match footage, that the Player did not use her arm in the tackle. The incident takes place in a split second the 20 still photographs breaking down the tackle represent just two seconds of the match footage. 28. In all the circumstances, the Panel does not find on the balance of probabilities that the charge of dangerous charging contrary to law 10.4(g) is made out and the charge is dismissed. 29. In considering whether this was a dangerous tackle contrary to law 10.4(e) or law 10.4(i) as a result of the Player tackling Miss Morton in the air, the Panel took into account the following matters:- a. Miss Morton s evidence is that she can recall jumping for the ball, but not much after that. She was clear however that she did not have both feet on the ground when she was tackled and that, in her view, she was tackled in the air; b. The Player denies Miss Morton was in the air when she was tackled; c. Mr Stentiford says Miss Morton was not in the air when she was tackled. He was the assistant referee during the game and had a clear view of the incident. His yellow card report supports the fact that Miss Morton was not in the air when she was tackled; d. The match footage and the sequence of stills taken from the match footage appear to show Miss Morton s feet on the ground at the point she caught the ball. If either of her feet came off the floor after that point (which cannot be clearly seen one way or the other on the match footage), then this is likely to be because she was travelling at considerable speed, caught the ball without slowing down and was pushing off from her left foot once she had caught the ball. 30. On the balance of probabilities, the Panel does not find that the Player tackled Miss Morton in the air. As such, a charge contrary to law 10.4(i) (tackling the jumper in the air) would not be made out, nor would this particular element of a dangerous tackle charge contrary to 10.4(e) be made out. 7

8 31. This then leaves the Panel to determine whether the Player s tackle was, in any other respect, a dangerous tackle contrary to law 10.4(e). In determining this matter, the Panel takes into account: a. Considering the components of law 10.4(e), it was not submitted by Darlington Mowden Park RFC that this was an early, late, high or stiff arm tackle; b. Whilst Mr Stentiford maintained that he would award a yellow card again in the same circumstances, the only element of dangerous tackling referred to in his yellow card report is that the Player had tackled Miss Morton with no arms. Mr Stentiford confirmed that the match footage now shows the Player did use her arm in the tackle; c. Although Mr Stentiford referred in his evidence to the tackle being almost a clothes line tackle, the stills from the match footage (which are clearer than the footage itself) show the Player s arm wrapped around Miss Morton s back (see photograph 11 in particular); d. As set out at paragraph 26 above, the match footage shows the Player dropping her knees and spreading her arms in readiness for the impending tackle; e. Whilst this was a very hard collision, which put Miss Morton heavily on the ground and left her injured, to put this in context: i. There is a large size/weight disparity between the Player (a front row forward) and Miss Morton (a winger). The Player says in her personal statement that she is 30kg heavier than Miss Morton. This was not challenged; ii. Miss Morton was travelling at considerable speed; iii. The match footage shows that the Player realised very quickly that Miss Morton was on for the catch. Photograph 1 shows the Player tracking the ball in the air. Within a split second, photograph 2 shows the Player tracking the point at which she anticipates Miss Morton will catch the ball and getting herself in position for an immediate tackle; iv. The Panel agrees with the Player s assessment that Miss Morton bounced off her, despite the Player s arm going around Miss Morton s back. 32. Furthermore, if this was not a tackle in the air as asserted by Darlington Mowden Park and it was not a no arm tackle as set out in the yellow card report, then the Panel were unable to ascertain from either Mr Corps or Mr Stentiford how the tackle could be considered to be dangerous. At first blush and in real time, the incident is shocking as it happens in a split second Miss Morton is on her feet, she collides heavily with the Player and is on her back on the ground in the blink of an eye. The fact Miss Morton was injured is not, of itself, evidence of foul play. 8

9 33. In all the circumstances, the Panel does not find that this was a dangerous tackle contrary to law 10.4(e) and accordingly dismisses the charge. 34. The Panel has no criticism of Mr Stentiford. As set out above, there are 20 stills (photographs) that span just two seconds of match footage. Watched in real time, the incident appears to take place in a fraction of a second. It is hard to see from the real time footage that the Player uses her arm in the tackle or that she drops her knees in readiness for the tackle. Had Darlington Mowden Park RFC not cited the Player following this incident, there would have been no dissection of the mechanism of the tackle and it is unlikely that the Player would have challenged the yellow card. 35. In reaching their decision, the Panel has taken into account regulation which states that (subject to the exception set out in regulation ), the referee s position as sole judge of fact and law during a match is unassailable and the Disciplinary Panel s role is to determine whether any sanctions should be applied for an act of foul play. 36. Regulation provides an exception to regulation and provides that, where a Player seeks to show that the referee s decision is wrong, the Disciplinary Panel may review the referee s decision and the circumstances surrounding it. The Disciplinary Panel shall not make a finding contrary to the referee s decision unless it is satisfied, on the balance of probabilities that the referee s decision was wrong. 37. As set out above, it was only following production of the stills from the match footage in response to the citing that the Player submitted there was, in fact, no foul play, that her tackle on Miss Morton was a legal tackle and the decision to issue a yellow card was wrong. 38. For the reasons set out above and considering the stills taken from the match footage closely, the Panel finds that the Player executed a legal tackle on Miss Morton and there was no foul play. On the balance of probabilities, the assistant referee s decision to recommend a yellow card (and the referee s decision to issue the yellow card on that basis) was therefore wrong. 39. The yellow card shall be rescinded. APPEAL 40. Both players and their respective representatives were informed they have 14 days from the date of receipt of this written judgment to lodge an appeal if they disagree with the Panel s decision. Samantha Hillas 27 January

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