How SANZAR's judiciary works

Citing, disciplinary committees, hearings, penalties, appeals

SANZAR has issued a statement of key factors in its dealings with disciplinary matters in Super 14. We have added the IRB's recommended tariff of penalties for foul play.

These key facts outline information regarding the role of the  of The citing commissioner, disciplinary committees, the hearing, penalties and appeals.

The SANZAR process is that of the IRB in its regulations.

The following is the SANZAR summary:

1. Citing commissioners – Who are they and what do they do?

Citing commissioners must have appropriate rugby experience and are required to act independently of match officials. 

The citing commissioner and chairman of the disciplinary committee can be appointed from The country where the Super 14 match is taking place.
 
The citing commissioner has, with limited exceptions, 12 hours from the end of the match to cite a player. 

The citing commissioner has the power to cite any player for an act of illegal or foul play which in the opinion of the citing commissioner warranted the player concerned being sent off irrespective of whether or not the match officials may have seen the incident:  For example: a player who received a yellow card during the course of the match can still be cited if the citing commissioner believes the yellow card was an insufficient punishment and the offence warranted a red card.

Unions or teams cannot cite an oppposing player, but the Union or other affiliated body responsible for the management of either participating team may refer an incident to the citing commissioner for consideration within four hours of the conclusion of the match. 

The citing commissioner's decision as to whether or not to cite a player is final. 

Citing commissioners also act as the Designated Disciplinary Officer (DDO).
 
*The DDO acts in relation to code of conduct issues that occur within the venue at the match, either on or off the field.

*The DDO will refer misconduct issues to a SANZAR disciplinary committee.

2. Disciplinary committees – Who are they and what do they do?

Each of the three SANZAR Unions is responsible for appointing a disciplinary committee for each Super 14 match played in their country. 
 
Each disciplinary committee consists of three members and is chaired by a senior legal practitioner experienced in rugby disciplinary hearings.  The make-up of the disciplinary committee is determined in advance of matches. 
 
Decisions of the disciplinary committee are made in private and based on simple majority (members may not abstain).
 
Disciplinary hearings generally take place in the country where the match was played , although consideration is given to issues of procedural fairness, including issues such as player travel schedules.

3. The hearing – What happens?

A hearing will be convened before a disciplinary committee if a player is red-carded by the match referee, cited by the citing commissioner or receives three yellow cards in the Super 14 competition.
 
Players are entitled to attend hearings which are generally held in the country where the match was played.
 
Players are entitled to legal representation and are provided with sufficient opportunity to consider the available evidence prior to the hearing.
 
In the case of an ordering off, the disciplinary committee will consider The circumstances of the case and determine what further sanction, if any, should be imposed on the player. 
 
In the case of a citing, the disciplinary committee will review The case and determine whether, on the balance of probabilities, the player committed the acts of illegal and/or foul play alleged. 
 
A disciplinary committee will not make a finding contrary to a referee's decision unless it is satisfied, on the balance of probabilities, the referee's reasons for his decision are wrong.

4. Penalties

SANZAR is bound by IRB's Regulation 17 which sets out a schedule of penalties.
 
In considering penalty, the disciplinary committee must decide if the nature of the offence is at the low, mid-range or high end of the scale of offences set out in the IRB Regulations.  (The schedule of penalties is below.)

That decision will determine the "entry point" in terms of the length of suspension which can then be increased or decreased according to the presence of aggravating or mitigating factors.

Mitigating factors could include a player's good record and character, the action taken to prevent the incident occurring again, an apology and remorse.
 
Aggravating factors could include the player being classified as a persistent offender of the laws of the game, a lack of remorse or the need for a deterrent to combat a pattern of offending.
 
5. Appeals

Players have the right of appeal to an independent SANZAR appeal committee. That right to appeal is an important part of rugby's judicial process and completes The chain of natural justice.
 
The appeal committee for the Super 14 competition comprises one appointee from each of Australia, New Zealand, and South Africa.
 
Except in cases where the appeal committee decides exceptional circumstances exist to warrant conducting a fresh hearing, the player has the burden of proving the decision being challenged should be overturned or varied.
 
The appeal committee has the power to dismiss, quash, or vary the disciplinary committee's decision and/or penalty. It also has the power to take what steps it deems necessary to deal justly with the appeal.
 
6. Consistency of SANZAR judicial decisions

While the media and public may at times express concerns over the consistency of judicial decisions, it is important to note that one of the strengths of rugby's judicial process is that every case is different and is treated according to its merits. 

Disciplinary committees consider in detail all the evidence and submissions put forward by a player. This may include video evidence, evidence from a player/s, evidence from the referee and/or touch judges, medical evidence and legal submissions. 

Having considered all the evidence relating to the particular offending and The circumstances of the offender, the disciplinary committee imposes in every case what it believes is a fair and proportionate penalty in accordance with the rules.

At the conclusion of the Super 14 season, SANZAR will undertake a comprehensive review of the tournament in which all aspects of the judicial process are reviewed.

IRB recommended sanctions for offences within the playing enclosure (Regulation 17)

Physical abuse of match officials

Lower end: 6 months
Mid range: 24 months
Top end: 5 years
Maximum: life

Threatening actions or words at match officials

Lower end: 3 months
Mid range: 12 months
Top end: 24 months.
Maximum: 36 months

Contact with eyes or the eye area

Lower end: 3 months
Mid range: 9 months
Top end: 18 months
Maximum: 24 months

Biting

Lower end: 6 months
Mid range: 12 months
Top end: 24 months.
Maximum: 24 months

Testicle grabbing or twisting or squeezing

Lower end: 3 months
Mid range: 9 months
Top end: 12 months
Maximum: 24 months

Kicking an oppponent

Lower end: 3 months
Mid range: 9 months
Top end: 12 months
Maximum: 12 months

Stamping on an oppponent

Lower end: 1 month
Mid range: 3 months
Top end: 9 months.
Maximum: 12 months

Trampling an oppponent

Lower end: 1 month
Mid range: 3 months
Top end: 9 months
Maximum: 12 months

Illegal rucking of an oppponent

Lower end: 2 weeks
Mid range: 6 weeks
Top end: 3 months
Maximum: 6 months

Dangerous charging or obstructing or grabbing of opponent without the ball, including shouldering

Lower end: 2 weeks
Mid range: 3 months
Top end: 6 months
Maximum: 12 months

Dangerous charging or obstructing or grabbing of opponent carrying the ball, including shouldering

Lower end: 2 weeks
Mid range: 3 months
Top end: 6 months
Maximum: 12 months

Striking with Head

Lower end: 6 weeks
Mid range: 6 months
Top end: 12 months
Maximum: 24 months

Striking with knee  

Lower end: 2 weeks
Mid range: 3 months
Top end: 6 months.  
Maximum: 12 months

Striking another player with hand, arm, fist including the elbow.  

Lower end: 2 weeks
Mid range: 3 months
Top end: 6 months.  
Maximum: 12 months

Dangerous tackling of an oppponent including early or late and including the action known as the “stiff arm tackle”.  

Lower end: 2 weeks
Mid range: 6 weeks
Top end: 3 months.  
Maximum: 6 months

To trip an oppponent with the foot/leg.  

Lower end: 1 week
Mid range: 4 weeks
Top end: 6 weeks.  
Maximum: 3 months

To hold, push, charge, obstruct an oppponent not holding the ball except in a scrum, ruck or maul.  

Lower end: 1 week
Mid range: 3 weeks
Top end: 4 weeks.  
Maximum: 6 weeks

To cause a scrum, ruck or maul to collapse.  

Lower end: 1 week
Mid range: 3 weeks
Top end: 6 weeks.  
Maximum: 3 months

Verbal abuse of opponents whether based on race, creed, colour or otherwise.  

Lower end: 2 weeks
Mid range: 2 months
Top end: 4 months.  
Maximum: 6 Months

Spitting at players  

Lower end: 1 month
Mid range: 3 months
Top end: 6 months.  
Maximum: 6 months