DISCIPLINARY DECISION

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1 DISCIPLIRY DECISION Match England U20s v Italy U20s Player s Union England Competition World Rugby U20s Championship Date of match 3 rd June 2018 Match venue Perpignan Rules to apply Tournament Disciplinary Program PARTICULARS OF OFFENCE Player s surname LEWIS Date of birth 10 th April 1999 Forename(s) SAM Referee Name DANIEL JONES Plea Admitted Not admitted Offence Law Early, late or dangerous tackle SELECT: Red card Citing Other If Other selected, please specify: Summary of Sanction Three weeks suspension HEARING DETAILS Hearing date 5 th June 2018 Hearing venue Palais des Congres Perpignan Chairman/JO CHARLES CUTHBERT (UAE) Other Members of Disciplinary Committee VALERIU TOMA (ex-romanian referee) by Skype FRANK HADDEN (ex-scotland and ex-edinburgh coach) by Skype Appearance Player YES NO Appearance Union YES NO Player s Representative(s) List of documents/materials provided to Player in advance of hearing STEVE BATES-England Coach EMMA CARTY-England Manager for part of hearing by Skype Disciplinary Officer and/or other attendees Citing Report Match Official Report Victim Statement (Italy no. 14) Medical Reports (Italy team doctor) Video Clips Team Sheet Section 12, Terms of Participation, U20 Championship 2018 Updated Sanction Table post-council May 2018 BEN RUTHERFORD-World Rugby SUMMARY OF ESSENTIAL ELEMENTS OF CITING/REFEREE S REPORT/DVD FOOTAGE The Referee s Ordering Off report states:- Italy player was in possession near his own 22m and he kicked the ball downfield. The ball has already been kicked and England No5 made contact with the Italian player late causing him to fall to the ground. In live play I did not see where the contact was made so issued the penalty. My TMO then came over the Disciplinary Decision Page 1 of 6

2 communication to say we needed to check the tackle formally. I viewed the footage and the England No 5 lead with the elbow to the head of the Italian player. I issued the red card. Two clips of video footage were available; one was produced by World Rugby and the other by the RFU. We viewed the footage together. ESSENTIAL ELEMENTS OF OTHER EVIDENCE (e.g. medical reports) The statement of Italy No 14 Tommaso Coppo reads as follows:- "During the match England U20 - Italy U20 on 74º minute I kick the ball and then I started to run and I was focused on the ball, but suddently I felt pain in the area of the shoulder and the neck and I found myself on the ground. After the game I still had on the shoulder and on the neck. I m sorry that neither the player nor any other member of english team come to me to apologise about the foul or to ask about my conditions." The statement dated 4 th June 2018 of the Italian Doctor, Dr Niccolo Gori reads as follows:- It is hereby certified that during the match England U20- Italy U20 held in Perpignan on 03/06/18 I rescue the athlete Coppo Tommaso at 35 minute of second half for a neck and facial trauma. The athlete was treated with ice and he continued to play the last minutes of the game. After the match the player reported pain at the left shoulder and at the neck. I assigned to the player a prognosis of 3-5 days. A supplemental statement also dated 4 th June 2018 of Dr Gori reads as follows:- the player will rest tomorrow and i will test him on wednesday. I think he will be able for the next match. SUMMARY OF PLAYER S EVIDENCE The statements were read to the Player and the video footage was reviewed. As noted further below, the Player accepted that he had committed an act of Foul Play (albeit unintentionally) but argued that his conduct did not warrant a red card. He was asked to give his version of events. The Player said that the ball was turned over and Italy No 14 was going to kick it. The Player thought he was going into space so moved forward to tackle him. He stepped off his right foot to make the tackle leading with his left foot. Italy No 14 kicks the ball as the Player had already committed to the tackle. The Player said he was lowering his body as he was going to make the tackle and his arms were ready to wrap Italy No 14.He planted his left leg and tried to change his body position so he wouldn t collide with him but his body momentum carried him through and it was too late to move out of the way. This resulted in him accidentally colliding with Italy No14 s body. The Committee members then asked questions of the Player and Mr Bates which they answered at length. In brief they maintained that the Player had attempted to tackle but was in the wrong position to do so. He therefore made contact with Italy 14 s head with either his elbow or upper/lower arm. After a lengthy discussion as to whether the Player accepted that he had committed an act of Foul Play, Mr Bates concluded..we accept that that is contact with the head which is Foul Play we cannot deny that that is a direct contact with the head..we agree that that is Foul Play..but we are not convinced that that is a Red Card Disciplinary Decision Page 2 of 6

3 The Committee then adjourned the hearing to review the evidence again. FINDINGS OF FACT 1 Italy 14 collects the ball and starts to run. As he kicks the ball, the Player takes one step to his left, raises his left arm and makes contact with Italy 14 s head with his forearm. 2 Italy 14 goes down after the collision. He is attended to but is able to play on after treatment. 3 The Player committed a late dangerous tackle 4 The Committee is not satisfied on the balance of probabilities that the referee s decision was wrong DECISION Breach admitted Proven Not proven Other disposal (please state) SANCTIONING PROCESS ASSESSMENT OF SERIOUSNESS Assessment of Intent R (a)-(b) (or Intentional/deliberate Reckless State Reasons The Player had not intended to tackle Italy 14 dangerously by striking Italy 14 in the head but his positioning was such that he should have known that this was possible Gravity of player s actions R (c) (or Serious in that Italy 14 was not expecting a challenge after having cleared the ball Nature of actions R (d) (or Dangerous contact with the neck/head of Italy 14 Existence of provocation R (e) (or Whether player retaliated R (f) (or Self-defence R (g) (or Effect on victim R (h) (or Disciplinary Decision Page 3 of 6

4 Italy 14 was briefly tended to on the pitch but then played on Effect on match R (i) (or Vulnerability of victim R (j) (or As above Level of participation/premeditation R (k) (or Full participation Conduct completed/attempted R (l) (or Conduct completed Other features of player s conduct R (m) (or ASSESSMENT OF SERIOUSNESS CONTINUED Entry point Top end* Weeks Mid-range 6 weeks Low-end Weeks *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 ADDITIOL RELEVANT OFF-FIELD AGGRAVATING FACTORS Player s status as an offender of the Laws of the Game R (a) (or Need for deterrence R (b) (or Disciplinary Decision Page 4 of 6

5 Any other off-field aggravating factors R (c) (or Number of additional weeks: RELEVANT OFF-FIELD MITIGATING FACTORS Acknowledgement of guilt and timing R (a) (or The Player acknowledged at an early stage that he had committed the Foul Play and the Committee accepts that he was entitled to challenge whether the incident justified a red card Player s disciplinary record/good character R (b) (or No previous disciplinary appearances Youth and inexperience of player R (c) (or He is an experienced but young player Conduct prior to and at hearing R (d) (or He gave evidence well and was polite Remorse and timing of remorse R (e) (or He hadn t had a chance to apologise to Italy 14 immediately after the match as he was sent to the changing rooms and then selected for doping control but would do so now. Other off-field mitigation R (f) (or equivalent Tournament rule) Number of weeks deducted: 3 Summary of reason for number of weeks deducted: The Player is able to show all the mitigating factors and therefore the Committee decided to give him the benefit of the full discount available (50%) SANCTION NOTE: PLAYERS ORDERED OFF ARE PROVISIOLLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING R (f) (or equivalent Tournament rule) Disciplinary Decision Page 5 of 6

6 Total sanction 3 weeks Sending off sufficient Sanction commences 5 th June 2018 Sanction concludes 18 th June 2018 Matches/tournaments included in sanction 7 th June 2018 v Scotland 12 th June2018 v TBA 17 th June 2018 v TBA Costs Signature Chairman Date 6 th June 2018 NOTE: YOU HAVE 48 HOURS FROM NOTIFICATION OF THE DECISION OF THE CHAIRMAN TO LODGE AN APPEAL WITH THE TOURMENT DIRECTOR R (a) (or Disciplinary Decision Page 6 of 6

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