This letter is to introduce a number of changes to the disciplinary process for the season 2013-2014 and part of the Essex County RFU initiative to ensure that clubs, teams and individual players understand the key issues about how the discipline process will be managed.

1. Players’ status after sending off and before a disciplinary hearing

As you will no doubt be aware, IRB Regulation 17.1 sets out the Core Principles that the IRB have directed shall be applied as mandatory provisions by Unions at all levels of the Game. In particular, IRB Regulation 17.7.1 (k) provides that: ‘Players Ordered-Off or cited by a Citing Commissioner shall be provisionally suspended pending the hearing of the case’.

The RFU challenged the IRB on this and sought dispensation for clubs playing at levels 5 and below but this challenge was rejected. Therefore this Core IRB Principle will apply to the RFU at all levels and RFU Regulation 19.5.3 has been amended from the 1st August 2013 to reflect this:

"A Player that is subject to an Ordering off or citing by a Citing Commissioner in a domestic or any other match is not entitled to play the Game (or any form thereof) or be involved in any off-field match day activities anywhere in the world until his/her case has been finally resolved. For the avoidance of doubt a player cited by an opposition team in matches at Level 3 and below may play the Game pending the resolution of his/her case."

Therefore, from 1st August 2013, any player sent off by the referee is NOT PERMITTED to play under any circumstances until their case has been considered by either the Essex County RFU or schools Disciplinary Process. Your club disciplinary committee should continue to consider any sending off ASAP and make its own judgement as to whether the offence is proven or not. However the player will remain suspended, whatever they decide, until after the case has been fully resolved by either the Essex County RFU or schools disciplinary processes. Any player cited by an opposition team in matches at Level 3 and below may continue to play the Game pending the resolution of his/her case.

RFU Regulations 19.6.1 & 3 specify that the match referee and the club secretary for the player sent off must submit their referee report to/or inform the CB Disciplinary Secretary of the match within 48 hours so that they can take control of proceedings at their earliest convenience. Compliance with these regulations will be essential to avoid unnecessary periods of suspension.

In relation to prompt case progression, the regulations are to be amended to allow for a greater use of pleading guilty by post (or more usually by email) in appropriate cases. This will enable the Essex County RFU disciplinary panel to deal with the offence based on the papers and without having to hold a formal hearing. The disciplinary panel will continue to hold a hearing where a player indicates a not guilty plea and they can also decide to see the player (e.g. in serious cases or where the player is a persistent offender etc.) and adjourn paper consideration. Again you are reminded that, whatever the approach or plea, the player will remain suspended until the case has been resolved either by the Essex County RFU, RFU or school.

To facilitate the effective implementation of this change Denise Robinson, Essex County RFU Disciplinary Secretary, will arrange a hearing as soon as possible, normally within 7 to 14 days of receiving all the information. We will be reviewing how we hear cases as the season progresses and it may be that we are forced to sit on a fortnightly basis.

Players who appeal will remain suspended and appear in front an RFU Disciplinary Panel the following week (or as soon as is possible).

2. Abuse of Match Officials

Last season we had too many cases of match official abuse in the County. This season we will be introducing a deterrent element to any ‘match official abuse case’, in order to prevent this type of behaviour. This deterrent will be applied, after the entry point is determined in the sanctioning process, as an additional 2 weeks to be added under the consideration of aggravating factors (Rule 19.11.10. b.).

Clubs are reminded that they have a direct role in controlling the behaviour of their coaches, spectators and players on the field. Failure to take responsibility for this or repeat offending could ultimately lead to a significant loss of league points for your club.

3. Bad Language

We received a number of complaints from spectators, several having been accompanied by young children, concerning the high volume of bad language coming from the players. We have also had complaints relating to abusive language from spectators being directed to the referee (treated as ‘match official abuse case’) Bad language abusive or not does not help with the rugby image we want to display as part of the development of our game. I will discuss the issue with the referees and ask clubs to take appropriate steps to ensure that spectators and officials are not subjected to this sort of behaviour.

During the course of the season I hope to meet as many clubs as possible, either at Cluster Meetings or on match days, so that we discuss any issues that you may have. However if you have any pressing issues please feel free to email or call me at any time.

Best regards,

Simon Wakefield
Essex County RFU Disciplinary Panel Chairman