Too Many Yellow Cards
World Rugby (nee IRB) has issued a memorandum, written by Tim Gresson, the chairman of its judicial panel, on accumulated yellow cards and warnings by the citing commissioner.
It is dated 21 January 2015.
It provides a possible modus operandi in dealing with a player who has had several yellow cards and or warnings by the citing commissioner. It concerns the possibility of further sanction.
Memorandum
Subject: Multiple yellow cards/Citing Commissioner Warnings – treatment for sanctioning purposes – Regulation 17
1. This Memorandum is issued to assist Judicial Personnel in determining the appropriate sanction in cases involving multiple yellow cards/Citing Commissioner Warnings and to inform those players who may be subject to such judicial consideration as to the factors that a Judicial Officer may take into account when conducting that exercise.
2. There is deliberately no guidance within the Recommended Sanctions table to assist a Judicial Officer who is required to determine a sanction in relation to accumulated yellow cards/Citing Commissioner Warnings. This is an area where judicial discretion is required to be engaged given the multiple permutations that could emerge. A Judicial Officer may be required to consider whether to apply sanctions against Players for accumulation of yellow cards and Citing Commissioner Warnings in two circumstances:
* (a) where a Player has received three yellow cards and/or Citing Commissioner Warnings (or a combination thereof) during a particular tournament (Regulation 17.25.2(d), 17.25.3(d) and (5 not 3 yellow cards and/or Citing Commissioner Warnings in the case of Sevens) Regulation 17.35.2(a)) and the Judicial Officer is required to consider whether any further penalty should be imposed by reason of his persistent Foul Play1; or
* (b) where a Player has received two yellow cards and/or Citing Commissioner Warnings in one Match which in the case of a temporary suspension led to him being Ordered Off on receipt of the second temporary suspension.
3. It is assumed for the purposes of this Memorandum that none of the relevant yellow cards resulted in a subsequent citing which was upheld by a Judicial Officer. In such cases the yellow card event which has been cited falls away and is replaced by the decision arising from the citing.
(a) Player receives three temporary suspensions/Citing Commissioner Warnings in a Tournament or five in a Sevens Series
4. The Judicial Officer is required to apply a sanction for the offence of persistent offending, not for the substantive offences relating to each yellow card or Citing Commissioner Warning. Ordinarily, it is suggested the appropriate entry point sanction in such circumstances is a suspension of one to three weeks depending upon the seriousness of the offending. Sanctioning in these circumstances should be determined by reference to the methodology in Regulation 17.19 and in particular to the application of mitigating and aggravating features.
* The trigger point for a hearing shall be established by each Tournament Organiser subject to the principles in 17.25.2(d), 17.25.3(d) and 17.35.2(a) (as applicable).
5. The Judicial Officer may, however, decide to apply no sanction in the following circumstances:
(a) where one or more of the yellow cards or Citing Commissioner Warnings was applied as a result of mistaken identity; or
(b) exceptional circumstances exist which would warrant no sanction being imposed. This situation could arise when:
(i) a Player was temporarily suspended for an act of Foul Play but on review it was clear that there was no Foul Play or only a minor act of Foul Play had been committed which would not have warranted a yellow card or Citing Commissioner Warning;
(ii) some of the temporary suspensions were awarded for technical offences (that is, not Foul Play) following a team warning by the referee or for what are characterised as so called technical offences not involving a breach of Law 10.4.
(b) Player receives two temporary suspensions/Citing Commissioner Warnings in one Match
6. The Judicial Officer is required to apply a sanction for the offence of persistent offending, not for the substantive offences relating to each yellow card and/or Citing Commissioner Warnings. It is suggested the appropriate entry point for persistent offending within a single Match is a suspension of one to two weeks. Sanctioning in these circumstances should be determined by reference to the methodology in Regulation 17.19 and in particular to the application of mitigating and aggravating features.
7. The Judicial Officer may decide that sending off was sufficient in the following circumstances:
(a) where either of the yellow cards or Citing Commissioner Warnings were applied as a result of mistaken identity; or
(b) that exceptional circumstances exist which would warrant no further sanctions being imposed. Again this situation could arise when a Player was temporarily suspended for an act of Foul Play but on review it was clear that there was no Foul Play or only a minor act of Foul Play had been committed which would not have warranted a yellow card and/or Citing Commissioner Warning;
(c) any of the Temporary Suspensions were awarded for so-called technical offences (including following a team warning) not involving a breach of Law 10.4.