DISCIPLINARY DECISION

Transcription

1 DISCIPLINARY DECISION Match ITALY v ARGENTINA Player s Union ITALY Competition World Rugby U20 World Championships 2018 Date of match 07/06/2018 Match venue Beziers Rules to apply Tournament Disciplinary Program [insert logo e.g.] PARTICULARS OF OFFENCE Player s surname Bianchi Date of birth 05/05/1998 Forename(s) Jacopo Referee Name Sean Gallagher (Ire) Plea Admitted xnot admitted Offence 9.13 Dangerous Tackle SELECT: Red card Citing x Other If Other selected, please specify: Summary of Sanction 5 weeks HEARING DETAILS Hearing date 09/06/2018 Hearing venue Tournament Offices, Perpignan Chairman/JO Jennifer Donovan (Ire) Other Members of Disciplinary Committee Donal Courtney (Ire) (via Skype) Becky Essex (Eng) (via Skype) Appearance Player YES X NO Appearance Union YES X NO Player s Representative(s) List of documents/materials provided to Player in advance of hearing Stephen Aboud (Technical Director) Claudio Appiaui (Team Manager) Gabil Martin Bocca (Translator) Disciplinary Officer and/or other attendees Notice of Hearing Citing Report Referees Yellow Card Report Italian Team Sheet Tournament Disciplinary Programme Updated Sanction Table confirmation of no injury to Argentinian Player Video footage Yvonne Nolan (World Rugby) (via Skype) Sue O'Connor (World Rugby) SUMMARY OF ESSENTIAL ELEMENTS OF CITING/REFEREE S REPORT/DVD FOOTAGE The report of Sean Gallagher, referee, indicated that he had reviewed the incident on screen, having been alerted by the TMO. The reported that the player had carried out a tackle, leading with the Disciplinary Decision Page 1 of 7

2 shoulder and tackling high. He noted that the ball carrier had also been tackled by another Italian player. Taking this into account he issued a yellow card. The citing report of Patrice Frantschi (Fra) indicated that the player had used his shoulder and had made contact with force to the head of A5. A5 fell to the ground and was seen holding his head. The citing commissioner was of the opinion that an act of foul play, reaching red card level, had been committed. The video evidence shows the incident from a number of angles. It shows that A5 was firstly tackled from the side, at a low angle, by I2. It also shows that A1, from the opposite side, placed both hands on A5's upper back prior to contact being made between A5 and the player. The footage then shown the player making a tackle on A5 whereby contact is made between the shoulder of the player and the head of A5. ESSENTIAL ELEMENTS OF OTHER EVIDENCE (e.g. medical reports) An was received from a representative of the Argentinian team confirming that A5 had not sustained and injury and that he was fit to continue playing. SUMMARY OF PLAYER S EVIDENCE The player did not accept that an act on foul play warranting a red card had been committed. It was submitted on behalf of the player that certain other factors had contributed to or caused the incident the subject of the citing complaint. Video clips were submitted on the players behalf which were edited extracts that the official match footage. It was submitted on behalf of the player, by reference to the clips, that I1 had made the initial tackle on A5, going low to do so. It was argued that prior to contact being made between the player and A5, A1 had, from the opposite side, placed his hands on the back of A5, pushing him forcefully sideways and downwards. It was argued that this was reckless on the part of A1 and contributed significantly to the subsequent incident. The player contended that A5 was completely off balance as a result of the foregoing. It was the player's position that, but for the actions of A1 in particular, the incident would not have occurred and that the contact with the head of A5 was accident insofar as the player was concerned. In relation to leading with the shoulder, the player's position was that it was not possible to effect a tackle of this nature without leading with the shoulder. It was argued that the player had tackled correctly and followed through correctly by wrapping his arms in the tackle. In this regard the player's representative made reference to screen shots taken from the World Rugby website relating to the Disciplinary Decision Page 2 of 7

3 coaching of correct tackling technique. FINDINGS OF FACT The committee found and the player accepted that contact had been made between the player's shoulder and the head of A5. The committee did not accept that the contact was purely accidental, not did it accept that the actions of A1 had contributed in any material way to the incident. The committee found that the player had failed to lower his body position sufficiently prior to contact and that the player had driven upwards in the tackle resulting in direct and forceful contact between the right shoulder of the player and the head of A5. DECISION Breach admitted Proven X Not proven Other disposal (please state) SANCTIONING PROCESS ASSESSMENT OF SERIOUSNESS Assessment of Intent R (a)-(b) (or Disciplinary Decision Page 3 of 7

4 Intentional/deliberate Reckless X State Reasons The committee accepted the players evidence that the act was not intentional and found that the offending was reckless. Gravity of player s actions R (c) (or Grave in that the act had potential to cause serious injury. Fortunately none was caused. Nature of actions R (d) (or Direct and forceful contact between the shoulder of the player and the head of A5 Existence of provocation R (e) (or Whether player retaliated R (f) (or Self-defence R (g) (or Effect on victim R (h) (or The victim player initially sent to ground, putting his hands to his head but was uninjured and continued to play. Effect on match R (i) (or None Vulnerability of victim R (j) (or The victim player was on his feet and not in a significantly vulnerable position. Level of participation/premeditation R (k) (or Full Conduct completed/attempted R (l) (or Completed Other features of player s conduct R (m) (or Nil ASSESSMENT OF SERIOUSNESS CONTINUED Entry point Top end* Weeks Mid-range Weeks x 6 Low-end Weeks Disciplinary Decision Page 4 of 7

5 *If Top End, the JO or Panel should identify, if appropriate, 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 consider World Rugby Regulations (a), (h), and (i) or the equivalent provisions within the Tournament Rules referred to above. Reasons for selecting Entry Point above Top End ADDITIONAL RELEVANT OFF-FIELD AGGRAVATING FACTORS Player s status as an offender of the Laws of the Game R (a) (or The player does not have a clean disciplinary record but it was decided not to aggravate in respect of same. Need for deterrence R (b) (or Any other off-field aggravating factors R (c) (or Number of additional weeks: 0 Disciplinary Decision Page 5 of 7

6 RELEVANT OFF-FIELD MITIGATING FACTORS Acknowledgement of guilt and timing R (a) (or The citing was contested and guilt was not acknowledged. Youth and inexperience of player R (c) (or Young player but not very inexperienced relative to his age. Player s disciplinary record/good character R (b) (or The player has had two previous matters. He received a 3 week suspension for a tip tackle in February 2018 and also a 3 week suspension for a dangerous tackle resulting in contact to the head during the World Cup in Conduct prior to and at hearing R (d) (or Entirely satisfactory Remorse and timing of remorse R (e) (or No apology made Other off-field mitigation R (f) (or equivalent Tournament rule) None Number of weeks deducted: 1 Summary of reason for number of weeks deducted: The sanction was reduced by one week in light of the players young age and his conduct prior to and at the hearing. The committee felt that no greater reduction could be applied given the lack of acknowledgement of guilt, lack of apology and in particular the player's existing disciplinary record. SANCTION NOTE: PLAYERS ORDERED OFF ARE PROVISIONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING R (f) (or equivalent Tournament rule) Total sanction 5 weeks Sending off sufficient Sanction commences 09/06/2018 Sanction concludes Matches/tournaments included in sanction To be ascertained on receipt and verification of the player's playing schedule 5 Costs None Signature (JO or Chairman) Jennifer Donovan Date 09/06/2018 NOTE: YOU HAVE 48 HOURS FROM NOTIFICATION OF THE DECISION OF THE CHAIRMAN/JO TO LODGE AN APPEAL WITH THE TOURNAMENT DIRECTOR R (a) (or (see Page 6) Disciplinary Decision Page 6 of 7

7 The player was reminded of his right of appeal and the right of appeal of World Rugby Disciplinary Decision Page 7 of 7