Rugby Football Union Independent Competitions Hearing Held at: The offices of Osborne Clarke LLP, One London Wall, London, EC2 On: 21 January 2016 IN THE MATTER OF: PETER RANN, HON SECRETARY, MEDWAY RFC MEDWAY RFC FRED TILA MATTHEW GARDNER JAMES RUTHERFORD Panel: Jeremy Summers (Chairman), Robert Horner and Aidan O'Brien ("the Panel") Secretary: Rebecca Morgan In Attendance: For Medway: Peter Rann, Hon. Secretary Fred Tila, 1st XV player Matthew Gardner, 1st XV player James Rutherford, 1st XV player Geoff Kempt, Chairman (appearing for the club) Mark Marriott, Vice Chairman Tracy Bullock, Treasurer For the RFU Stuart Tennant, presenting Paul Astbury, RFU Competitions Committee Michael Cordell, RFU Council Member for Kent (observing) 1
1. Decision 1.1 Mr Rann (a) (b) In respect of charges 1-3 inclusive (seeking to obtain Effective Registration by the provision of inaccurate, false or misleading information), Mr Rann is prohibited from holding office or participating in any form of on or off-field rugby administration from 21 January 2016 up to and including 31 August 2016. Such sanction is ordered to run concurrently on each charge. In respect of charge 4 (failing to notify the RFU of a change in circumstances regarding the registration), Mr Rann is similarly prohibited from holding office or participating in any form of on or offfield rugby administration from 21 January 2016 up to and including 31 August 2016. Such sanction is ordered to run concurrently with the sanction imposed in respect of charges 1-3 inclusive. 1.2 Medway RFC ("the Club") (a) (b) (c) (d) (e) (f) In respect of charge 5 (seeking to obtain Effective Registration by the provision of inaccurate, false or misleading information), the Club shall be relegated from London 1 South at the conclusion of the 2015-16 season irrespective of their finishing position in that league. In the event that the Club shall finish the 2015-16 season in an automatic or play-off promotion position, that position shall be taken by the team finishing immediately below the Club in the league standings. In respect of charge 5, it is further ordered that the Club will commence the league season 2016-17 with a twenty five (25) point deduction of league points. As such their opening league position in London 2 South East at the start of 2016-17 season will be "-25". In respect of charge 6 seeking to obtain Effective Registration by the provision of inaccurate, false or misleading information), the Club will commence the league season 2016-17 with a twenty five (25) point deduction of league points. As such their opening league position in London 2 South East at the start of 2016-17 season will be "-25". In respect of charge 7 (seeking to obtain Effective Registration by the provision of inaccurate, false or misleading information), the Club shall be relegated from London 1 South at the conclusion of the 2015-16 season irrespective of their finishing position in that league. In the event that the Club shall finish the 2015-16 season in an automatic or play-off promotion position, that position shall be taken by the team finishing immediately below the club in the league standings. In respect of charge 7, it is further ordered that the Club will commence the league season 2016-17 with a twenty five (25) point deduction of league points. As such their opening league position in London 2 South East at the start of 2016-17 season will be "-25". In respect of charge 8 (seeking to obtain Effective Registration by the provision of inaccurate, false or misleading information), the Club shall be relegated from London 1 South at the conclusion of the 2015-16 2
season irrespective of their finishing position in that league. In the event that the Club shall finish the 2015-16 season in an automatic or play off promotion position that position shall be taken by the team finishing immediately below the club in the league standings. (g) (h) (i) In respect of charges 5-8 inclusive, the Club is further disqualified from participating in the Kent County Cup competition 2015-16. In consequence, the Club's place in the next round of that competition will be taken by the Club's opponents in the previous round. The sanctions imposed on the Club in respect of charges 5-8 inclusive, are ordered to run concurrently with each other. In respect of charges 9, (appointing an unregistered agent) the Club is issued with a reprimand. 1.3 The Players Mr Tila (a) (b) In respect of charge 10, (playing whilst not Effectively Registered), Mr Tila is suspended from playing the game of rugby for the period 15 November 2015 until 21 January 2016 inclusive. That period of suspension having been served, Mr Tila is free to play again with immediate effect. In respect of charge 11 (appointing an unregistered agent), Mr Tila is issued with a reprimand. Mr Gardner (c) (d) In respect of charge 12, (playing whilst not Effectively Registered), Mr Gardner is suspended from playing the game of rugby for the period 15 November 2015 until 21 January 2016 inclusive. That period of suspension having been served, Mr Gardner is free to play again with immediate effect. In respect of charge 13 (appointing an unregistered agent), Mr Gardner is issued with a reprimand. Mr Rutherford (e) (f) In respect of charge 14, (playing whilst not Effectively Registered), Mr Rutherford is suspended from playing the game of rugby for the period 15 November 2015 until 21 January 2016 inclusive. That period of suspension having been served, Mr Rutherford is free to play again with immediate effect. In respect of charge 15 (appointing an unregistered agent), Mr Rutherford is issued with a reprimand. 1.4 Costs (a) A joint and total costs order in the sum of 375 is ordered to be paid by or between the sanctioned parties as they see fit. 3
2. Preliminary Matters 2.1 There was no opposition to the composition of the Panel. 2.2 All parties confirmed that they had received the case papers in good time and had been able to prepare fully for the hearing. 2.3 The Chairman outlined the process to be followed at the hearing, and all parties confirmed that the process was understood and agreed to. 3. The Charges and Pleas 3.1 Peter Rann, Hon Sec. Medway RFC was charged as follows: Charge 1 Seeking to obtain Effective Registration of Fred Tila by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.2, 14.3.1, 14.5.16, and RFU Rule 5.12. Peter Rann, Hon. Sec of Medway RFC provided inaccurate, false or misleading information on the RFU Adult Player Registration Form and/or the RFU Game Management System for the purposes of seeking Effective Registration with the RFU for Fred Tila, an Australian National holding a UK Tier 5 Youth Mobility Visa in that: 1. By an agreement dated 28 July 2014 Medway RFC and Fred Tila entered into a playing contract with express material benefits for the period 25 August 2014 to 30 April 2015; 2. On 28 August 2014 the Australian Rugby Union provided clearance for Fred Tila to play in England; 3. On 4 September 2014 Fred Tila signed the Amateur Player Declaration on the RFU Player Registration Form, certifying that he was not in receipt of any of material benefits from Medway RFC; 4. On 4 August 2015 Peter Rann signed the Club Declaration section of the RFU Player Registration Form certifying that all the information on the form is correct and that nothing that may affect the proposed registration has been omitted ; 5. On 3 September 2014 at 19.49pm Peter Rann registered Fred Tila on the RFU Game Management System and declared that the Player was an Amateur ; and 6. In August 2015 the playing contract with express material benefits between Medway RFC and Fred Tila was renewed for the 2015/16 season. Charge 2 Seeking to obtain Effective Registration of Matthew Gardner by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.2, 14.3.1, 14.5.16, and RFU Rule 5.12. 4
Peter Rann, Hon. Sec of Medway RFC provided inaccurate, false or misleading information on the RFU Adult Player Registration Form and/or the RFU Game Management System for the purposes of seeking Effective Registration with the RFU for Matthew Gardner, a New Zealand National holding a UK Tier 5 Youth Mobility Visa in that: 1. By an agreement dated 28 August 2015 Medway RFC and Matthew Gardner entered into a playing contract with express material benefits for the period 27 September 2015 to 30 April 2016; 2. On 18 September 2015 the New Zealand Rugby Union provided clearance for Matthew Gardner to play in England; 3. On 13 October 2015 Matthew Gardner signed the Amateur Player Declaration on the RFU Player Registration Form, certifying that he was not in receipt of any of material benefits from Medway RFC; 4. On 15 October 2015 Peter Rann signed the Club Declaration section of the RFU Player Registration Form certifying that all the information on the form is correct and that nothing that may affect the proposed registration has been omitted ; and 5. On 14 October 2015 at 07.37am Peter Rann registered Matthew Gardner on the RFU Game Management System and declared that the Player was an Amateur. Charge 3 Seeking to obtain Effective Registration of James Rutherford by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.2, 14.3.1, 14.5.16, and RFU Rule 5.12. Peter Rann, Hon. Sec of Medway RFC provided inaccurate, false or misleading information on the RFU Adult Player Registration Form and/or the RFU Game Management System for the purposes of seeking Effective Registration with the RFU for James Rutherford, a New Zealand National holding a UK Tier 5 Youth Mobility Visa in that: 1. By an agreement dated 8 September 2014 Medway RFC and James Rutherford entered into a playing contract with express material benefits for the period 20 September 2014 to 30 April 2015; 2. On 1 October 2014 the New Zealand Rugby Union provided clearance for James Rutherford to play in England; 3. On 4 October 2014 James Rutherford signed the Amateur Player Declaration on the RFU Player Registration Form, certifying that he was not in receipt of any of material benefits from Medway RFC; 4. On 6 October 2014 Peter Rann signed the Club Declaration section of the RFU Player Registration Form certifying that all the information on the form is correct and that nothing that may affect the proposed registration has been omitted ; 5. On 3 October 2014 at 17.36pm Peter Rann registered James Rutherford on the RFU Game Management System and declared that the Player was an Amateur ; and 5
6. In August 2015 the playing contract with express material benefits between Medway RFC and James Rutherford was renewed for the 2015/16 season. Charge 4 Failing to notify the RFU of a change in circumstances regarding the registration of Meto Mataapa, a Player not permitted to receive payment or other material benefit for playing rugby on a Tier 5 Youth Mobility Visa, being provided with material benefit for playing for the Club in June 2015, contrary to RFU Regulation 2.4, 14.9.1(f) and RFU Rule 5.12. Peter Rann, Hon. Sec of Medway RFC, having completed the RFU Adult Player Registration Form and/or the RFU Game Management System for the purposes of seeking Effective Registration (as an Amateur) with the RFU for Meto Mataapa, a New Zealand National holding a UK Tier 5 Youth Mobility Visa, failed to notify the RFU of a change in circumstances in that: 1. In June 2015 Medway RFC and Meto Mataapa entered into an oral agreement for the player to receive material benefit to play rugby for the Club for the season 2015/16 onwards; and 2. This information was not passed onto the RFU, as such the Player is deemed to have lost Effective registration from the date he started receiving material benefits for playing for the Club. 3.2 Medway RFC was charged as follows: Charge 5 Playing a Player that was not Effectively Registered by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.2, 14.3.1, 14.5.16 and RFU Rule 5.12. Medway RFC played Fred Tila in 23 matches (19 leagues matches and 4 Cup matches) in the 2014/15 season and 9 matches (8 league matches and 1 Cup match) in the 2015/16 season when not eligible to do so in that: 1. Fred Tila is an Australian National holding a UK Tier 5 Youth Mobility Visa; 2. There are UK Border Agency restrictions on this type of visa prohibiting being contracted and receiving material benefits for playing rugby in England (Players may play solely as an Amateur); 3. By an agreement dated 28 July 2014 Medway RFC and Fred Tila entered into a playing contract with express material benefits for the period 25 August 2014 to 30 April 2015; 4. In August 2015 the playing contract with express material benefits between Medway RFC and Fred Tila was renewed for the 2015/16 season; 5. The RFU Player Registration Form and GMS system was completed by certifying that the player was an Amateur and not in receipt of any material benefits to play rugby for Medway 6
RFC. As such Fred Tila was registered from 3 September 2014. This information was inaccurate, false or misleading; and 6. In accordance with RFU Regulation 14.3.1, where a Player s Effective Registration is procured as a result of inaccurate, false or misleading information having been provided, Effective Registration will be void and invalid from the date on initial registration, i.e. 3 September 2014. Charge 6 Playing a Player that was not Effectively Registered by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.2, 14.3.1, 14.5.16 and RFU Rule 5.12. Medway RFC played Matthew Gardner in 4 matches (3 leagues matches and 1 Cup match) in the 2015/16 season when not eligible to do so in that: 1. Matthew Gardner is a New Zealand National holding a UK Tier 5 Youth Mobility Visa; 2. There are UK Border Agency restrictions on this type of visa prohibiting being contracted and receiving material benefit for playing rugby in England (Players may play solely as an Amateur); 3. By an agreement dated 28 August 2015 Medway RFC and Matthew Gardner entered into a playing contract with express material benefits for the period 27 September 2015 to 30 April 2016; 4. The RFU Player Registration Form and GMS system was completed by certifying that the player was an Amateur and not in receipt of any material benefits to play rugby for Medway RFC. As such Matthew Gardner was registered from 14 October 2015. This information was inaccurate, false or misleading; and 5. In accordance with RFU Regulation 14.3.1, where a Player s Effective Registration is procured as a result of inaccurate, false or misleading information having been provided, Effective Registration will be void and invalid from the date on initial registration, i.e. 14 October 2015. Charge 7 Playing a Player that was not Effectively Registered by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.2, 14.3.1, 14.5.16 and RFU Rule 5.12. Medway RFC played James Rutherford in 22 matches (18 leagues matches and 4 Cup matches) in the 2014/15 season and 10 matches (9 league matches and 1 Cup match) in the 2015/16 season when not eligible to do so in that: 1. James Rutherford is a New Zealand National holding a UK Tier 5 Youth Mobility Visa; 7
2. There are UK Border Agency restrictions on this type of visa prohibiting being contracted and receiving material benefit for playing rugby in England (Players may play solely as an Amateur); 3. By an agreement dated 8 September 2014 Medway RFC and James Rutherford entered into a playing contract with express material benefits for the period 20 September 2014 to 30 April 2015; 4. In August 2015 the playing contract with express material benefits between Medway RFC and James Rutherford was renewed for the 2015/16 season; 5. The RFU Player Registration Form and GMS system was completed by certifying that the player was an Amateur and not in receipt of any material benefits to play rugby for Medway RFC. As such James Rutherford was registered from 3 October 2014. This information was inaccurate, false or misleading; and 6. In accordance with RFU Regulation 14.3.1, where a Player s Effective Registration is procured as a result of inaccurate, false or misleading information having been provided, Effective Registration will be void and invalid from the date on initial registration, i.e. 3 October 2014. Charge 8 Playing a Player that lost Effective Registration as a result of the player being in receipt of material benefits and that information not being notified to the RFU, contrary to RFU Regulation 2.4, 14.9.1(f) and RFU Rule 5.12. Medway RFC played Meto Mataapa in 10 matches (9 league matches and 1 Cup match) in the 2015/16 season when not eligible to do so in that: 1. Meto Mataapa is a New Zealand National holding a UK Tier 5 Youth Mobility Visa; 2. There are UK Border Agency restrictions on this type of visa prohibiting being contracted and/or receiving material benefit for playing rugby in England (Players may play solely as an Amateur); 3. The RFU Player Registration Form and GMS system was completed by certifying that the player was an Amateur and not in receipt of any material benefits to play rugby for Medway RFC. As such Meto Mataapa was registered from 5 December 2014; 4. In June 2015 Medway RFC and Meto Mataapa entered into an oral agreement for the player to play rugby for the Club and be in receipt of material benefits for so doing; 5. This information was not communicated to the RFU; and 6. In accordance with RFU Regulation 14.9.1(f), where a Player enters into a Contract or receives a Material Benefit and the terms of his permit or visa do not permit him to receive payment or other Material Benefit from participating in the Game a Player will cease to have Effective Registration with a Club immediately. 8
Charge 9 Appointing an unregistered Agent to act in relation to any approach, negotiation, arrangement or execution of any employment transaction, transfer or registration of any player with a Club, contrary to RFU Regulation 8.4.1 and RFU Rule 5.12. Medway RFC engaged the services of an unregistered Agent, Mike Rogers, Inside Running Recruitment, Mount Maunganui, New Zealand to procure the services of Fred Tila, James Rutherford and Matthew Gardner. 3.3 Fred Tila 1st XV player at Medway RFC was charged as follows: Charge 10 Playing whilst not Effectively Registered by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.1, 14.3.1, 14.5.16 and RFU Rule 5.12. Fred Tila, an Australian National holding a UK Tier 5 Youth Mobility Visa, provided inaccurate, false or misleading information on the RFU Adult Player Registration Form for the purposes of seeking Effective Registration with the RFU, in that: 1. By an agreement dated 28 July 2014 Medway RFC and Fred Tila entered into a playing contract with express material benefits for the period 25 August 2014 to 30 April 2015; 2. On 28 August 2014 the Australian Rugby Union provided clearance for Fred Tila to play in England; 3. On 4 September 2014 Fred Tila signed the Amateur Player Declaration on the RFU Player Registration Form, certifying that he was not in receipt of any material benefits from Medway RFC; 4. On 3 September 2014 at 19.49pm Fred Tila was registered on the RFU Game Management System and declared an Amateur ; and 5. In August 2015 the playing contract with express material benefits between Medway RFC and Fred Tila was renewed for the 2015/16 season. Charge 11 Appointing an unregistered Agent to act in relation to any approach, negotiation, arrangement or execution of any employment transaction, transfer or registration of any player with a Club, contrary to RFU Regulation 8.4.1 and RFU Rule 5.12. Fred Tila engaged the services of Mike Rogers, Inside Running Recruitment, Mount Maunganui, New Zealand, who is not an RFU Registered Agent, who acted for him in obtaining a playing contract/agreement with Medway RFC. 9
3.4 Matthew Gardner 1st XV player at Medway RFC was charged as follows: Charge 12 Playing whilst not Effectively Registered by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.1, 14.3.1, 14.5.16 and RFU Rule 5.12. Matthew Gardner, a New Zealand National holding a UK Tier 5 Youth Mobility Visa, provided inaccurate, false or misleading information on the RFU Adult Player Registration Form for the purposes of seeking Effective Registration with the RFU, in that: 1. By an agreement dated 28 August 2015 Medway RFC and Matthew Gardner entered into a playing contract with express material benefits for the period 27 September 2015 to 30 April 2016; 2. On 18 September 2015 the New Zealand Rugby Union provided clearance for Matthew Gardner to play in England; 3. On 13 October 2015 Matthew Gardner signed the Amateur Player Declaration on the RFU Player Registration Form, certifying that he was not in receipt of any material benefits from Medway RFC; and 4. On 14 October 2015 at 07.37am Matthew Gardner was registered on the RFU Game Management System and declared an Amateur. Charge 13 Appointing an unregistered Agent to act in relation to any approach, negotiation, arrangement or execution of any employment transaction, transfer or registration of any player with a Club, contrary to RFU Regulation 8.4.1 and RFU Rule 5.12. Matthew Gardner engaged the services of Mike Rogers, Inside Running Recruitment, Mount Maunganui, New Zealand, who is not an RFU Registered Agent, who acted for him in obtaining a playing contract/agreement with Medway RFC. 3.5 James Rutherford 1st XV player at Medway RFC was charged as follows: Charge 14 Playing whilst not Effectively Registered by the provision of inaccurate, false or misleading information contrary to RFU Regulation 2.4, 14.2.1, 14.3.1, 14.5.16 and RFU Rule 5.12. James Rutherford, a New Zealand National holding a UK Tier 5 Youth Mobility Visa, provided inaccurate, false or misleading information on the RFU Adult Player Registration Form for the purposes of seeking Effective Registration with the RFU, in that: 10
1. By an agreement dated 8 September 2014 Medway RFC and James Rutherford entered into a playing contract with express material benefits for the period 20 September 2014 to 30 April 2015; 2. On 1 October 2014 the New Zealand Rugby Union provided clearance for James Rutherford to play in England; 3. On 4 October 2014 James Rutherford signed the Amateur Player Declaration on the RFU Player Registration Form, certifying that he was not in receipt of any material benefits from Medway RFC; 4. On 3 October 2014 at 17.36pm James Rutherford was registered on the RFU Game Management System and declared an Amateur ; and 5. In August 2015 the playing contract with express material benefits between Medway RFC and James Rutherford was renewed for the 2015/16 season. Charge 15 Appointing an unregistered Agent to act in relation to any approach, negotiation, arrangement or execution of any employment transaction, transfer or registration of any player with a Club, contrary to RFU Regulation 8.4.1 and RFU Rule 5.12. James Rutherford engaged the services of Mike Rogers, Inside Running Recruitment, Mount Maunganui, New Zealand, who is not an RFU Registered Agent, who acted for him in obtaining a playing contract/agreement with Medway RFC. 3.6 Pleas. In advance of the hearing, all parties had provided written confirmation to the RFU that they each accepted having acted in breach of RFU Regulations as alleged in the charges set out above. That position was confirmed orally by each party before the Panel at the commencement of the hearing. 4. Relevant RFU Regulations 4.1 This case is without precedent in terms of its scale and accordingly its seriousness and it is therefore appropriate to set out in full the Regulations under consideration so that the game at large is made fully aware of the position and in particular of the regulatory obligations placed upon all relevant clubs. 4.2 Regulation 2.4. All Clubs, Constituent Bodies, National Representative Bodies, all Organising Committees and any player, official, member or employee of a Club or Constituent Body or National Representative Body or an Organising Committee shall at all times act towards the RFU and each other with the utmost good faith. 4.3 Regulation 14.2.2. A Club may only be represented in a match in any RFU Competition by Players who are Effectively Registered with that Club or who are otherwise permitted to play by the RFU Regulations. 4.4 Regulation 14.3.1. A Player will have Effective Registration in accordance with these Regulations with a Club if: 11
(a) he was Effectively Registered with that Club at the beginning of the Season; or (b) his application for Registration has been accepted either by the Registrar or through the online application process and the Waiting Period has elapsed; in each case subject to any subsequent loss or invalidity of such registration pursuant to the other provisions of these Regulations and save in the case of such registration having been made as a result of inaccurate, false or misleading information having been provided (in which case the Effective Registration will be void and invalid from the date of initial registration). 4.5 Regulation 14.5.16. All information supplied in connection with an application for Registration must be true and accurate. The provision of false, misleading or inaccurate information may lead to the Committee reporting the matter to the RFU s Head of Discipline for further action. 4.6 Regulation 14.9.1. A Player will cease to have Effective Registration with a Club immediately: (f) where a Player enters a Contract or receives a Material Benefit and the terms of his permit or visa do not permit him to receive payment of other Material Benefit from participating in the Game 4.7 Regulation 8.4.1. Clubs or Players wishing to appoint a person to act for them in relation to any approach, negotiation, arrangement or execution of any employment transaction, transfer or registration of any Player with a Club may only appoint a Registered Agent. 4.8 Regulation 19.11.17. Appropriate punishment referred to in Rule 5.12 and Regulation 19.6.5 shall include, but shall not be limited to: (a) For a person, a reprimand, a financial penalty or suspension from playing, coaching and/or administration. (b) For a Club, in addition to the sanction set out in RFU Regulation 19.11.7(a), financial or other compensation, deduction of league points or relegation, exclusion or disqualification from any competition. Where a competition does not fall within the jurisdiction of the RFU a Club may be required to withdraw from that competition. 4.9 RFU Rule 5.12 enables the RFU to discipline clubs, players, official and others: "for any infringement of these Rules, the RFU Regulations, the Laws of the Game or the World Rugby Regulations and/or for any conduct which is prejudicial to the interests of the Union or the Game or which amounts to cheating." 5. The Facts and the RFU's Position 5.1 The facts were not in issue it being accepted by all parties that: (a) (b) During season 2014-15 the Club submitted Adult Player Registration Forms ("the Form") to the RFU in respect of two players which inaccurately stated that such players were amateur and not in receipt of "material benefits". That position was inaccurate because both players had received the following material benefits which are specifically noted in the Guidance notes to the Form: 12
i. Free accommodation; ii. iii. The payment of air fares to and from the UK; and Payment, expressed to be weekly expenses, that was not paid in accordance with the RFU's expenses provisions (c) Because the Forms had been submitted with inaccurate information, they were rendered invalid. This resulted in neither player concerned being Effectively Registered for the purposes of the RFU Regulations set out above. They were therefore ineligible to play for the Club in league or cup competitions. (d) The players concerned played in a total of 37 league games and a further 8 cup games whilst ineligible to play during the course of that season. (e) (f) (g) In the current season (2015-16) the Club again submitted the Form in respect of four players (the two players involved in 2014-15, and two further players) which again inaccurately stated that such players were amateur and not in receipt of material benefits. The players concerned had again each received material benefits as set out at (b) above with the same consequence of their being rendered ineligible to play for the Club. Up to the period ending 15 December 2015 the players concerned had played in a total of 29 league games and a further 4 cup games whilst ineligible to play. Material Benefits 5.2 Three of the four players concerned were recruited from overseas. In each instance a single air fare to the UK was paid for by the Club and a commitment had been made to pay for a return flight when the players return home. This is a material benefit, which removed the amateur status of the players. 5.3 The Club rents a bungalow from the local Council which is adjacent to its ground at a cost of some 700 per month. The property can accommodate up to 4 people. Each of the players concerned was housed in this property and initially required to pay rent of 70 per week each, and this would have covered and exceeded the Club's own rental outlay. However, the players (who are all labourers) encountered difficulty in finding work. In July 2015 the Club in a committee decision therefore decided to allow the players to remain in the property rent free. In so doing the Club was again providing a material benefit, which removed the amateur status of the players. 5.4 The players, and all players who are selected in the match day squad of 18, are paid a fixed weekly sum which is said to cover expenses. In 2014-15 this sum was 40/week. That weekly sum was raised to 50 for the current season (2015-16). 5.5 The Club maintains that it does not pay individual players this sum but rather whoever is selected to fill the team shirts numbered 1-18 in any given week. The Panel could not readily understand that distinction or the rationale for it having been drawn. 5.6 In any event the methodology employed by the Club as regard the payment of what it claims to be expenses is not in accord with RFU Regulation 7.3 which prescribes those expenses that will not fall to be considered as material benefits. In particular, in order for expenses not be viewed as a material benefit, receipts for all relevant expenses claimed are required to be 13
RFU position submitted in order to support the reimbursement of the sums claimed. The Club did not require any of its players to submit receipts and simply paid a weekly sum as above. Arguably this methodology also represented a material benefit. 5.7 On behalf of the RFU, Mr Tennant noted that the RFU's power to discipline the individual parties arose pursuant to RFU Rule 5.12. As to sanction, this was at the discretion of the Panel and could include the sanctions set out in RFU Regulation 19.11.7. 5.8 Whilst the matter was without precedent in terms of magnitude and the number of regulation breaches involved, he nevertheless drew the Panel's attention to Appendix 1 to RFU Regulation 13 Sanction Guidelines which provides for a deduction of not less than 5 championship points in the event that an ineligible player is selected or played either as a starting player or a replacement. 1 5.9 Whilst noting that the Guidelines at Appendix 1 also provide for more severe sanctions to be imposed in the event of a completed online Player Registration Form not being provided to the RFU or false or misleading information being deliberately included on a Match Result Card, in the RFU's view neither of those scenarios applied in the present instant. In the RFU's submission, the Panel should accordingly approach the sanctioning exercise on the basis that ineligible players had been played or selected. 5.10 The RFU further considered that the Panel could impose concurrent sanctions. In this respect in previous cases where two ineligible players had been selected for the same match the matter had been treated as a single breach rather than two separate breaches. As such the sanction opposed had been a 5 point deduction rather than a 10 point deduction. 5.11 However, even applying the most favourable calculation, where more than one of the players concerned had played in the same game by reference to Appendix 1 as above, a total of 140 league points still fell to be deducted 2. 5.12 With reference to the charge of having appointed an unregistered agent, Inside Running who were an established New Zealand organisation, had arranged for three of the four players to come to England pursuant to "Recruitment Contracts" entered into between the Club and the individual players. These provided that the Players would receive the benefits set out above. 5.13 Further, and in any event, Mike Rogers, the individual at Inside Running who had acted as agent in respect of each player was not a registered RFU agent and so Regulation 8.4.1 had been breached. The RFU did not suggest any particular sanction and again this was at the Panel's discretion. 5.14 Mr Tennant noted that the Club had secured promotion in 2014/15 through the play-off system. 5.15 The RFU regarded Mr Rann as the club official who had driven the position although it accepted that he had only taken over in 2014 prior to which the Club had not recruited overseas players. 5.16 Mr Tennant advised that Edition 21 of the Form had been used by three of the four players concerned. This includes a specific reference within the Guidance notes for section 12 to the definition of Material Benefit as provided for in in RFU Regulation 1. That reference was not included in Edition 21, but otherwise the Form as submitted by each of the players concerned is identical to that in use at the current time. 1 Page 225 of the RFU Hand book 2015-16 2 19 games were involved in 14/15 and a further 9 in 15/16. 28x5=140 14
5.17 Once the Form has been submitted there is no need to resubmit in successive seasons and registration will remain valid provided that the information submitted was accurate and there is thereafter no relevant change in circumstances. 6. The Form 6.1 A copy of Edition 22 of the Form is annexed to this decision as Appendix 1. It is a two page document with page 2 setting out clear guidance notes. 6.2 On page one, the Form contains the following declarations which are required to be signed by the player and the club. 12 AMATEUR PLAYER DECLARATION: The club and the player confirm that the above player is not in receipt of any of the material benefits outlined in the Guidance Notes of the registration form. Yes, the player is amateur No, the player is not amateur (If no, a contract approval form must be attached to this application) 3 Notes: In the event that any amateur status information is not correct, and if the player is not an EU/UK citizen, you will be in breach of the UK Immigration Law and may be deported, or if the player is an EU/UK citizen and is receiving illegal payments, you will be in breach of UK Law and may be reported by the Inland Revenue. The Rugby Football Union, in the case of incorrect information, may suspend your Player Registration. 13 PLAYER DECLARATION: I certify that all the information is correct and agree to abide by the Laws of the Game, the RFU rules, regulations and disciplinary requirements, which are available at www.englandrugby.com/governance 14 CLUB DECLARATION: I certify that all the information on this form is correct and I have confirmed the player s identity. Nothing that may affect the proposed registration has been omitted. 6.3 The Guidance with regard to the amateur player declaration is as follows: NOTES FOR AMATEUR PLAYER - CRITERIA FOR DETERMINING AMATEUR STATUS For the purpose of playing Rugby Union in England, the following are examples of what will be classed as material benefit, which if given to the player, will remove his amateur status: 1. Payment either directly or indirectly which is conditional on playing for the club 2. Free accommodation/house of any kind from the club or Sponsor 3. Air fare to and from UK was paid for by the club or Sponsor 4. A complimentary car from the club or Sponsor. Note: For the full definition of what constitutes a material benefit, please see the Definition of Material Benefit in RFU Regulation 1.www.englandrugby.com/governance/regulations 4. In the event that any amateur status information is not correct, and if the player is not an EU/UK citizen, you will be in breach of the UK immigration Law and the player may be deported, or if the player is an EU/UK citizen and is receiving illegal payments, you will be in breach of UK Law and may be reported by the Inland Revenue. The Rugby Football Union, in the case of incorrect information, may suspend your Player Registration. 7. Mitigation 7.1 On behalf of the Club, Mr Kempt noted that full and timely cooperation had been provided to the RFU in connection with the investigation that had resulted in these proceedings. The Club very much regretted that the position had arisen and apologised for the fact that it had. 3 On the Form each option has a box and the player is required to tick one of them. 4 Highlighted text added to edition 22 in season 2015-16 and as indicated was not included in the Form as submitted by the relevant players. 15
7.2 The issue had though come about through administrative error and was not a matter where there had been any intention to circumvent RFU Regulations. The Club had simply not appreciated that the players concerned would fall to be considered as not having amateur status. The Club however accepted that it had been naïve and in particular had failed properly to understand the Regulations. 7.3 The Club confirmed that the players concerned had been provided with air fares and (latterly) free accommodation, and accepted that these were material benefits for the purposes of the Regulations. 7.4 The Club had viewed its expenses system as administratively more easy to administer and had received advice from a financial consultant which had indicated that receipts were not necessary. The Club had not applied to HMRC for CASC (Community Amateur Sports Club) status in light of RFU advice that the rules relating to that scheme were shortly to change. 7.5 The Club has a proud 85 year history. Its upward trajectory had commenced in 2011 well before the events currently under consideration. It is at present pursuing ambitious development plans through an application to Sport England for specialist mini and junior pitches and a clubhouse refurbishment. 7.6 In Mr Kempt's view the fact that players were provided with benefits was widely known, and in this respect he referred to information submitted by the players to the RFU when providing written confirmation that the allegations against them were accepted. In light of that general position, the Club had believed that it was not doing anything wrong but it now fully accepted that the position had not been properly researched. 7.7 The matter had come to the RFU's attention when the Club had complained about an attempt by another club to recruit one of the players concerned. Had the Club known it had acted in breach of the Regulations, in Mr Kempt's submission the Club would not have made a complaint to the RFU but would have simply kept quiet. 7.8 With reference to the appointment of Mr Rogers, the Club had viewed him as someone who appeared reputable but again inadequate research had been undertaken. 7.9 In overview, the Club had been naïve and guilty of poor administration but it had not set out intentionally to obtain any improper advantage. 7.10 Mr Rann addressed the Panel on his own behalf. He is an electrical engineer who undertakes work for the Club on a voluntary basis. He had taken over as Registrar in terms of player registration in 2014 and inherited a system that was entirely paper based and at a time when the Club was yet to recruit overseas players. He had been briefed by his predecessor and had simply carried on the system as it had been explained to him. 7.11 As he put it, he had "missed" the fact that the terms offered to the players concerned included material benefits and so were fundamental to their being effectively registered. He accepted his failings in this regard, but had not in any way been seeking to secure any improper advantage. 7.12 Somewhat remarkably Mr Rann advised that he had not seen the Guidance on the Form, it appearing that he had not felt it necessary to print off or review the second page of the Form from the relevant RFU web portal. 7.13 The players are all young men in their 20's who had come to the UK to travel and broaden their rugby experience. They had been recruited through Inside Running, which is the principal organisation in New Zealand arranging playing positions with clubs in the UK. All had viewed themselves as amateurs and none had realised that the benefits they were receiving meant that they were ineligible to play for the Club. None had known that Mr Rogers was not a 16
registered RFU agent. All regretted that they had placed the club in this position. They had not played since mid-november and were keen to resume playing. 8. Findings 8.1 In view of the seriousness of the matter and the potential consequences, the Panel gave the most careful consideration to all the evidence and submissions before them. Having done so the Panel was comfortably satisfied that: (a) (b) (c) (d) (e) All players concerned had received material benefits; The Forms submitted in respect of each player were inaccurate; None of the players therefore held Effective Registration; In 2014-15 ineligible players were played in 19 league matches and 4 cup games (in total the players concerned had played in 37 league games and 8 cup matches during the season); and Up to 16 November 2105 four ineligible players were played in 9 league matches and 1 cup games (in total the players concerned had played in 29 league games and 4 cup matches during this period). 8.2 Having had the opportunity of hearing from and asking questions of the parties, the Panel was similarly satisfied that the regulatory breaches had arisen in consequence of demonstrably poor administration but not as a result of intentional deceit. 9. Decision 9.1 In light of those findings, the Panel imposed the sanctions as set out at section 1 above. 9.2 With regard to the sanction imposed on the Club, the Panel noted that in terms of the number of league games involved the Club could reasonably have been deducted a total of not less than 140 league points. The Panel however in the exercise of its discretion determined not to sanction on the basis of a simple points deduction. 9.3 The Panel however had no hesitation in concluding that the scale and seriousness of the offending required the relegation of the club at the end of the current season irrespective of its league position at that time. 9.4 In reaching that conclusion it noted that the Club had secured promotion in 2014-15 having played one or more ineligible league players in 19 of the season's matches. In so doing they had improperly secured promotion and it followed that the team which should have been participated in the play-off for promotion had been denied that opportunity. The Regulations are in place to ensure the integrity of the league competition and of the wider game at large. As such breaches of this magnitude must and will be sanctioned severely. 9.5 The Panel further concluded that the scale of the Club's offending was such as to also require the imposition of an additional points deduction to take effect at the start of the 2016-17 season. The Panel felt it necessary and appropriate to underscore the seriousness of the offending through this further sanction, but equally wanted to ensure that the Club retained the competitive ability to avoid a second successive relegation at the end of that season. Having regard also to the mitigation available to the Club in light of its plea, full cooperation with the RFU investigation and remorse, the Panel determined that the appropriate level of points deduction to take effect in the 2016-17 season was a deduction of 25 league points. 17
9.6 Whilst the Panel hope and intend that the sanction imposed upon the Club will make it plain to all clubs that offending of this nature will be met with severe and condign sanction, the methodology adopted in this instance is not intended in itself to create any precedent. Panels dealing with similar matters in the future may therefore take a different approach reflecting the precise facts then under consideration. 9.7 Mr Rann appeared to the Panel to be a sincere volunteer whose integrity could not be called into question with regard to these matters. However his approach to his responsibilities in regard to the Club's player registration process was on any view cavalier. Given the clear reference to the Guidance on page 1 of the Form it was extraordinary and worrying that he had not printed of page 2 to ensure he was aware of that guidance. 9.8 In the Panel's view, Mr Rann's failings whilst not intentional were off significant magnitude to warrant his being prohibited from any involvement in the administration of the game. On the facts of this case, and noting Mr Rann's plea, co-operation and remorse, the Panel determined that this should involve an exclusion until the start of season 2016-17. 9.9 The Panel had considerable sympathy for the players who they readily concluded had simply relied on others. That having been said, ultimately the declarations which they had all individually signed were their responsibility. Those declarations enabled each player to compete in the league and cup competitions to the benefit of the Club, and the Panel concluded that this might well have had an appreciable impact on the Club's promotion in 2015. The Panel therefore considered that the player's culpability was such as to warrant a suspension from playing. The Panel noted that the players had not played for 9 weeks pending the investigation and these proceedings. The suspension was accordingly ordered to cover that period. Nothing should however be inferred from the duration of the suspension imposed that would in any way require a future panel to consider that a similar period of suspension was required. 10. Appeal 10.1 The parties were advised of the right of appeal provided by the Regulations. 11. Comment 11.1 The Panel believes that it is likely that the material benefits provided by the Club in this matter may not be an isolated incident in terms of other RFU clubs, and it is understood that the RFU Payment of Players group will take a keen interest in this decision. The Panel commends and supports that position. 11.2 In the interim, the Panel hopes that this decision will be drawn to the attention of all relevant clubs as soon the RFU considers it to be practicable to do so. 11.3 The Panel has no doubt that the Club will have learnt painful lessons from this episode, and all clubs are therefore strongly encouraged to pay very careful attention to this decision, and the Regulations to which it refers. Jeremy Summers Chairman. 25 January 2016. 18
Appendix 1 RFU Adult Player Registration Form Edition 22. 19