Case Number:

ON/735/19

Kieran Brining #2, Bradford

Competition:

Academy

Match:

City of Hull Academy v Bradford

Match Date:

2019-04-27

Incident:

Uses offensive or obscene language in the 48th minute (Tate)

Decision:

Charge

Charge Detail:

Rule – 15.1(f)

Detail – Use of unacceptable language

Grade – F

Fine:

£25

Sanctions:

8+ or period suspension

Decision On Charge

Player plea:

Guilty

Summary of CM's submissions on the Charge / evidence:

Following a Match Review Panel meeting held on 16th May, you are charged with misconduct for a breach of Law 15.1(f) during the above Match.

The Panel reviewed an incident which occurred in approximately the 48th minute of the above Match. You were temporarily dismissed following the incident. In the Panel’s opinion, you used offensive and obscene language based on sexual preference towards an opponent (Tate), with the threat of physical violence. The Panel believed that your actions were unnecessary and constitute Misconduct.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade F offence (Uses offensive or obscene language – Uses unacceptable language based on sexual preference). In accordance with the On Field Sentencing Guidelines, the normal suspension range for such offence is 8 plus matches.

Summary of Player's submissions on the Charge / evidence:

Player accompanied by Head of Youth John Bastian. Player pleads guilty using obscene and offensive language based on sexual preference towards an opponent.

Player openly admits his conduct and comments were totally unacceptable. The player indicates the comments were not said maliciously towards the opponent or with any intent and he does not hold any homophobic views or is discriminatory in any way. The player has written to the opponent and the club apologising for his comments and states the comments were made in the heat of the moment.

On behalf of the club Mr Bastian reiterated that the players actions and his comments were not acceptable. There was no thought process by the player and his actions were totally out of character. Mr Bastian believes the key to preventing this type of behaviour by others is to introduce education both internally by the club and also by the RFL to increase the awareness of young players. The club have already instigated internal awareness training and accountability for the younger players at the club. It is hoped the RFL agree that internal awareness and training is required to educate the younger players on sexual orientation. The player has shown considerable remorse for his actions

Decision:

Guilty plea

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

The reasons for grading at Grade F are:
• The RFL operate a zero tolerance on unacceptable language based on sexual preference
• The RFL have a duty to ensure we are inclusive to all participants
• Not an acceptable as a form of sledging
• Use of a word which is classed as homophobic
• The threat of physical violence indicates a level of aggression-towards an opponent

Summary of Player's submissions on the appropriate sanction:

The player has pleaded guilty and accepted his comments were totally unacceptable.

He has written am apology to both the opponent and his club, whilst his previous disciplinary record is excellent.

The club have instigated internal education and awareness for the players.

Reasons for Decision:

This Tribunal have taken considerable time to come to a decision on the matter.

They understand that this type of charge is about dealing with the reputation of the sport and the standards set within the guidelines and that zero tolerance for these types of remarks is necessary as this type of conduct is totally unacceptable. They have also taken into account the formidable mitigating circumstances submitted by the player and his representative.

The Tribunal understand the grading at Grade F for this type of offence but note that the guidelines allow the grading to be between E and F. In this instance this Tribunal feel that a Grade E is more appropriate. In deciding this they have taken into consideration the players total acceptance of guilt and the fact that he appreciates his comments are totally unacceptable.

The player has shown considerable remorse and written apologies have gone to the opponent and the City of Hull club. It is obvious the player and his club accept that this type of conduct has to attract a zero tolerance as they have indicated they have instigated internal and awareness training and education for their players.

This Tribunal accept that a zero tolerance is required but have to make a decision on the merits of each case. In this instance they feel that they can downgrade from a Grade F charge to a Grade E.

This is a serious matter and was justifiable initially graded at Grade F, however in this case this Tribunal feel the appropriate sanction is a 4-match suspension and a £25 fine.

Suspension:

4 matches