Citing Commissioner Warnings – Ian Madigan and Danny Care
Ian Madigan (Leinster Rugby) and Danny Care (Harlequins) were issued with Citing Commissioner Warnings following the European Rugby Champions Cup Round 4 match at the Aviva Stadium on Saturday, 13 December 2014.
The warning issued to Madigan was for a breach of Law 10.4 (n) Misconduct while the ball is out of play, in the 77th minute of the Pool 2 game.
The warning issued to Care was for a breach of Law 10.4 (l) Retaliation, also in the 77th minute of the game.
The warnings were issued by the match Citing Commissioner, Stefano Marrama (Italy).
Players who accumulate three Citing Commissioner Warnings, or who are shown three yellow cards for Foul Play offences, or a combination of both, during the pool stages and knockout stages of the Champions Cup and the Challenge Cup, will be required to attend a Disciplinary Hearing.
The following players have been issued with Citing Commissioner Warnings during the 2014/15 pool stages of EPCR’s tournaments. (To date, none of these players has been shown been shown a yellow card for a Foul Play offence.)
Richard Hibbard (Gloucester Rugby)
European Rugby Challenge Cup, Round 1 v Brive
Dan Evans (Ospreys)
European Rugby Champions Cup, Round 2 v Northampton Saints
Salesi Ma’afu (Northampton Saints)
European Rugby Champions Cup, Round 2 v Ospreys
Chris Tuatara (Castres Olympique)
European Rugby Champions Cup, Round 2 v Leinster Rugby
Benoit Guyot (La Rochelle)
European Rugby Challenge Cup, Round 3 v Exeter Chiefs
(i) Citing Commissioner Warnings
a) EPCR-appointed Citing Commissioners are entitled to issue a Warning to any player who has, in his/her opinion, committed an act(s) of Foul Play that (in the words of World Rugby) “falls just short” of warranting that the player be shown a red card (where such act(s) did not result in a yellow card or a red card). A Citing Commissioner is not limited in the number of Warnings he/she may issue to a player in respect of a match.
b) The Citing Commissioner will have 50 hours from the start of the match to issue a Warning. In certain circumstances this deadline can be extended.
c) Players who accumulate three or more Citing Commissioner Warnings or who are issued with three yellow cards for Foul Play offences, or a combination of both, will be required to attend a Disciplinary Hearing.
d) World Rugby introduced Citing Commissioner Warnings in 2014 as a mandatory provision where Citing Commissioners are present at matches.
(ii) Disciplinary Hearing
a) The independent Judicial Officer is chosen by the chairman of the independent Disciplinary Panel, Professor Lorne Crerar.
b) The EPCR Disciplinary Officer presents the case against the player.
c) If the case is upheld, the independent Judicial Officer will be required to consider the appropriate sanction. Under World Rugby’s sanctioning regime, which EPCR is obliged to follow, the Judicial Officer will first assess the seriousness of the player’s actions and determine which of the three stipulated entry points (lower end, mid range and top end) is the most appropriate.
d) The Judicial Officer will determine the appropriate entry point based on his/her 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 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 of the independent Disciplinary Hearing. Appeals must be lodged within three (3) working days of receiving the full written decision of the Judicial Officer.
h) The full written decision of the Judicial Officer will be available on www.epcrugby.com/disciplinenews when the disciplinary process is complete
i) For World Rugby Sanctions for Foul Play, found at Appendix 1 to World Rugby Regulation 17, please go to www.worldrugby.org