Case Number:

ON/454/19

Misi Taulapapa #3, Newcastle

Competition:

League 1

Match:

Coventry v Newcastle

Match Date:

2019-02-24

Incident:

Uses offensive or obscene language in the 64th minute

Decision:

Charge

Charge Detail:

Rule – 15.1(f)
Detail – Verbal abuse based on race, colour, religion, gender, sexual preference, disability, nationality or ethnic origin or any other form of Unacceptable Behaviour or Language.
Grade – E

Fine:

£75

Sanctions:

4-8

Decision On Charge

Player plea:

Guilty

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

Further to my letter of 1st March I can now confirm that the Investigator’s file has been received and presented to the Match Review Panel. I am writing to confirm the decision of the Match Review Panel in relation to this incident. The allegation was that in approximately the 64th minute of the above match that you used verbal abuse based on sexual preference towards an opponent.”.

After due consideration of all of the available evidence, including your own testimony, the Match Review Panel are satisfied that there is a case to answer in relation to a breach of of 15.1(f) of the RFL’s On Field Sentencing Guidelines (Verbal abuse based on race, colour, religion, gender, sexual preference, disability, national or ethnic origin or any other form of Unacceptable Behaviour or Language).
Again in accordance with the RFL’s On Field Sentencing Guidelines, it has been considered that such an offence is a Grade E offence.

If found to have committed the offence, again in accordance with the On-Field Sentencing Guidelines, the normal suspension range for such offence is from a 4 to 8 match to a period suspension. In addition, the Tribunal has the power to impose such fine as it considers reasonable.

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

Player attended alongside Director of Rugby Denis Betts and pleaded guilty.

Player accepts that he did use homophobic language and accepts that this is no acceptable and accepts the RFL should have zero tolerance to this type of conduct. Player states he is not homophobic and that the comments were said in the heat of the moment.

On behalf of the club Mr Betts accepts that this type of language is not acceptable and that the club run a zero-tolerance approach to it. The club have already taken steps to organise training for all its players on the use of unacceptable language. The player has accepted his guilt from the outset and taken responsibility for his actions which again he accepts and not acceptable within the sport.

The player and club accept the grading and support the view that this type of language is not acceptable and has to be eradicated from the game.

Decision:

Guilty plea

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

Reason for grading at Grade E:
- Player admits using homophobic language towards an opponent
- RFL operate a zero tolerance on unacceptable language based on sexual preference
- The sport has a duty to ensure it is inclusive to all participants
- Not acceptable as a form of sledging
- Word used is an offensive term which is classed as homophobic

Summary of Player's submissions on the appropriate sanction:

Player accepts his guilt and grading and has taken responsibility from the outset.

Player and club have zero tolerance to such language and are organising internal education for all players.

Player has a record over a nine year career in the UK but nothing of a similar nature.

Aggravating Factors:

2011 – Punching – Grade A (1 match & £300 fine)
2012 – Punching – Grade B (1 match)
2016 – Dangerous Throw – Grade C (2 matches)
2016 – Strikes - kicks opponent – Grade A-(1 match & £100fine)
2018 – Strikes - head butt - full contact-Grade B (1 match)
2018 – Tackle off the ball – Grade B (2 matches)
2018 – MRP Caution – Dangerous Throw

Reasons for Decision:

The player is 37 years of age and has played professionally in this country for nine years. The Tribunal are aware the player has a previous record but note that there is nothing of a similar nature.

The RFL do not suggest that the player is homophobic. The player is the captain of the team and should be aware that such discriminatory language of this nature is not acceptable and has to be subject of zero tolerance within the game.

The player accepts the grading at grade E and has accepted his guilt from the outset. The player has taken his responsibility and demonstrated considerable remorse. The Tribunal are impressed by the clubs stance in that this is totally unacceptable and are organising diversity education with the club to educate other players. It is accepted that this is totally out of character from a player who is respected with the club as club captain.

The Tribunal are impressed that when the charge was laid against the player he was immediately stood down for the next game. The grading is accepted at Grade E of 4 to 8 matches.

Taking into account all the submissions made by the player and his representative this Tribunal feel that they can go to the lower end of the grading and impose a 4-match suspension and a £75 fine.

The one match last week when the club stood the player down is to be included within this sanction. The player therefore has 3 further matches to serve to complete the sanction.

Suspension:

4 matches