Nick Haining suspended for two weeks

The Edinburgh Rugby No 8, Nick Haining, has been suspended for two weeks following an independent Disciplinary Hearing in London today (Wednesday, 20 November) arising from his club's Challenge Cup, Round 1 match against Agen at Stade Armandie.

Haining was cited by the match Citing Commissioner, John Byett (England), and it was put to him at the hearing that he had committed an act of foul play in a ruck by making contact with the Agen fly half, Thomas Vincent (No 10), in a dangerous manner in the 33rd minute of the match in contravention of Law 9.20.

Law 9.20 Dangerous play in a ruck
Under World Rugby’s Sanctions for Foul Play, Law 9.20 relating to making contact with an opponent above the line of the shoulders at a ruck carries the following sanction entry points - Low End: 2 weeks; Mid-range: 4 weeks; Top end: 8 to 52 weeks.

An independent Disciplinary Committee consisting of Simon Thomas (Wales), Chairman, Mitchell Read (England) and Donal Courtney (Ireland), heard evidence and submissions from Haining, who pleaded guilty to dangerous play, from Edinburgh Rugby’s legal representative, Graham Horsman, and from the EPCR Disciplinary Officer, Liam McTiernan.

The Committee upheld the citing complaint as Haining had committed an act of foul play that warranted a red card. It found that the offence was at the mid-range of World Rugby’s sanctions and four weeks was selected as the appropriate entry point.

There were no aggravating factors, and due to the player’s guilty plea and clear disciplinary record, the Committee decided to reduce the sanction by the maximum of 50% before imposing a two-week suspension.

Haining is free to play on Monday, 2 December 2019, and both he and EPCR have the right to appeal the decision.

Harri Millard – citing complaint dismissed

The Cardiff Blues wing, Harri Millard, has had a citing complaint against him dismissed following an independent Disciplinary Hearing today (Wednesday 20 November) arising from his club's Challenge Cup, Round 1 match against Rugby Calvisano at Pata Stadium.

Millard was cited by the match Citing Commissioner, Mihai Irimia (Romania) for allegedly committing an act of foul play by striking the Rugby Calvisano full back, Kayle Van Zyl (No 15), with his foot in the 46th minute of the match in contravention of Law 9.11.

Law 9.11 Players must not do anything that is reckless or dangerous
Under World Rugby’s Sanctions for Foul Play, Law 9.11 carries the following sanction entry points - Low End: 2 weeks; Mid-range: 6 weeks; Top end: 10 to 52 weeks.

An independent Disciplinary Committee consisting of Sam Hillas (England), Chairman, Donal Courtney (Ireland) and Yannick Jauzion (France), heard evidence and submissions by video conference from Millard, who pleaded not guilty to the charge, from Cardiff Blues’ legal representative, Richard Locke, from Cardiff Blues’ Rugby Operations Manager, Gafyn Cooper, and from the EPCR Disciplinary Officer, Liam McTiernan.

The Committee decided that the alleged act of foul play was in fact accidental and the complaint was therefore dismissed. Millard is free to play, and EPCR have the right to appeal the decision.

Apisai Tauyavuca suspended for five weeks

The Zebre Rugby Club flanker, Apisai Tauyavuca, has been suspended for five weeks following an independent Disciplinary Hearing today (Wednesday, 20 November) arising from his club's Challenge Cup, Round 1 match against Bristol Bears at Ashton Gate.

Tauyavuca was cited by the match Citing Commissioner, Ciaran Scally (Ireland), for striking the Bristol Bears replacement, Andy Uren (No 21), with his leg in the 81st minute of the match in contravention of Law 9.12.

Law 9.12 Kicking
Under World Rugby’s Sanctions for Foul Play, Law 9.12 relating to kicking carries the following sanction entry points - Low End: 4 weeks; Mid-range: 8 weeks; Top end: 12 to 52 weeks.

An independent Disciplinary Committee consisting of Simon Thomas (Wales), Chairman, Mitchell Read (England) and Donal Courtney (Ireland), heard evidence and submissions by video conference from Tauyavuca, who pleaded not guilty to the charge, from Zebre Rugby Club Head Coach, Michael Bradley, from Zebre Rugby Club Team Manager, Andrea De Rossi, and from the EPCR Disciplinary Officer, Liam McTiernan.

The Committee upheld the citing complaint as it warranted a red card. It found that the act of foul play was at the mid-range of World Rugby’s sanctions and eight weeks was selected as the appropriate entry point.

There were no aggravating factors, however, as the player did not accept the citing complaint, the Committee found that the sanction could only be reduced by three weeks by way of mitigation before imposing a suspension of five weeks.

Tauyavuca is free to play on Monday, 23 December 2019, and both he and EPCR have the right to appeal the decision.

Notes

(i) Red Cards
a) The case of any player sent off in Heineken Champions Cup, Challenge Cup and Continental Shield matches shall be adjudicated by an independent Disciplinary Committee or an independent Judicial Officer as soon as is practicable.
b) Until the hearing the player is ineligible to play in any tournament.

(ii) Citing Commissioner
a) Citing Commissioners are appointed by EPCR for all Heineken Champions Cup and Challenge Cup matches and shall be entitled to cite a player for any act or acts of Foul Play that in the Citing Commissioner's opinion warranted a red card.
b) For such matches, clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 26 hours of the start of the match.
c) The Citing Commissioner will have 50 hours from the start of the match to make a citing. In certain circumstances this deadline can be extended.
d) The tournament Disciplinary Officer may forward the submitted citing to a Citing Officer to determine whether there are sufficient grounds for the citing to progress.
e) The Disciplinary Officer will then bring a charge against the cited player.
(iii) Disciplinary Hearing
a) The independent Disciplinary Committee or independent Judicial Officer are chosen by the chairman of the independent Disciplinary Panel, Mike Hamlin.
b) EPCR's Disciplinary Officer presents the case against the player.
c) If a decision is upheld, the Disciplinary Committee or Judicial Officer will be required to consider the appropriate sanction under World Rugby's sanctioning regime, which EPCR is obliged to follow. The seriousness of the player's actions will be first assessed in order to determine which of the three stipulated entry points (lower end, mid-range and top end) is the most appropriate.
d) The Disciplinary Committee or Judicial Officer will determine the appropriate entry point based on an assessment of a number of particular characteristics of the player's actions, including whether or not they were intentional, whether or not they caused any injuries and whether or not they had any effect on the relevant match.
e) After deciding the entry point, the Disciplinary Committee or Judicial Officer will then consider whether the suspension should be increased from the entry point to take account of certain specified aggravating factors, such as a poor disciplinary record or the need for deterrence, and/or decreased from the entry point to take account of certain specified mitigating actions, such as a guilty plea, a good disciplinary record, the player's conduct at the hearing and expressions of remorse.
f) A suspension is a blanket ban from playing rugby union anywhere in the world. Players are suspended on the basis that a one-week period of suspension would ordinarily result in a player missing one match. Suspensions take into account periods of inactivity (such as the close season), periods when a player is injured or otherwise not fit to play, and when a player is not available or not expected to play. Suspensions should also take into account any out-of-season matches which are not considered to be meaningful, or which are not close enough to the season to be a determining factor in a player’s future selection.
g) Both parties to the hearing (EPCR and the player) have the right to appeal decisions. Appeals must be lodged within three (3) working days of receiving the full written decision of the Disciplinary Committee or Judicial Officer.
h) The full written decision will be available on epcrugby.com/discipline/hearing-decisions when the disciplinary process is complete.
i) For World Rugby's Sanctions for Foul Play, found at Appendix 1 to World Rugby Regulation 17, go to world.rugby

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