Here are further decisions from the independent Disciplinary Hearings following Round 3 of EPCR's tournaments.

Dylan Hartley suspended for six weeks

The Northampton Saints player, Dylan Hartley, has been suspended for six weeks following an independent Disciplinary Hearing in London today (Wednesday, 14 December 2016) arising from his club’s European Rugby Champions Cup, Round 3 match against Leinster Rugby at Franklin’s Gardens.

Hartley was sent off by referee, Jerome Garces (France), for striking the Leinster flanker, Sean O’Brien, in the 58th minute of the match in contravention of Law 10.4 (a).

Law 10.4 (a) Striking
Under World Rugby's Sanctions for Foul Play, Law 10.4 (a), Striking a player with a hand, arm or fist carries the following sanction entry points - Low End: 2 weeks; Mid-Range: 5 weeks; Top End: 8 to 52 weeks.

An independent Disciplinary Committee consisting of Simon Thomas (Wales), Chairman, Rhian Williams (Wales) and Marco Cordelli (Italy) heard submissions from Hartley, who pleaded guilty to the offence, as well as from the player’s legal representative, Richard Smith QC, and the Northampton Saints Team Manager, Paul Shields. The Committee also heard evidence and submissions from the EPCR Disciplinary Officer, Liam McTiernan.
In upholding the red card decision, the Committee found that the offence was at the mid-range of World Rugby's sanctions and selected five weeks as the appropriate entry point.

Taking into account Hartley’s poor disciplinary record, the Committee added two weeks to the sanction and then reduced the sanction by one week due to the player’s guilty plea before imposing a suspension of six weeks.

Hartley is free to play on Monday, 23 January 2017. Both the player and EPCR have the right to appeal the decision.

Cyril Baille suspended for one week

The Toulouse player, Cyril Baille, has been suspended for one week following an independent Disciplinary Hearing today (Wednesday, 14 December 2016) arising from his club’s European Rugby Champions Cup Round 3 match against Zebre Rugby at Stadio Sergio Lanfranchi.

Baille was cited by the match Citing Commissioner,Tim Lowry (Ireland), for pulling the Zebre prop, Dario Chistolini (No 3), out of a ruck by the neck when Chistolini did not have the ball, in contravention of Law 10.4 (f). The incident occurred in the fourth minute of the match.

Law 10.4 (f) Holding, pushing or obstructing an opponent not holding the ball
Under World Rugby's Sanctions for Foul Play, Law 10.4 (f), Holding, pushing or obstructing an opponent not holding the ball carries the following sanction entry points - Low End: 2 weeks; Mid-Range: 4 weeks; Top End: 6 to 52 weeks.

The independent Judicial Officer, Roger Morris (Wales), heard submissions by video conference from Baille, who pleaded guilty to the offence, as well as from the Toulouse Head Coach, Ugo Mola, and the Toulouse General Manager, Jean-Luc Brumont. He also heard evidence and submissions from the EPCR Disciplinary Officer, Liam McTiernan.

In upholding the citing complaint, the Judicial Officer found that the offence was at the low end of World Rugby's sanctions and selected two weeks as the appropriate entry point.

Taking into account Baille’s clean disciplinary record, his guilty plea and expression of remorse, the Judicial Officer decided to reduce the sanction by the maximum of 50 per cent before imposing a one-week suspension.

Baille is free to play on Monday, 19 December. Both the player and EPCR have the right to appeal the decision.

Notes

(i) Red Card
a) The case of any player sent off in European Rugby Champions Cup and Challenge Cup games 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 European Rugby 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, Professor Lorne Crerar.
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.
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 www.epcrugby.com/discipline/news.php when the disciplinary process is complete.
i) For World Rugby's Sanctions for Foul Play, found at Appendix 1 to World Rugby Regulation 17, please go to www.worldrugby.org