Epcr Short Judgment Form

EPCR SHORT JUDGMENT FORM Match Argos Rugby Petrarca Vs Femi CZ Rugby Rovigo Delta Club’s Country Italy Competition European Rugby Continental Shield Date of match 12 January 2019 Match venue Argos Arena Padova Rules to apply EPCR Disciplinary Rules 2018/19 PARTICULARS OF OFFENCE Coach’s surname Casellato Date of birth Forename(s) Umberto Plea Admitted ☒ Not Admitted ☐ Club name Femi CZ Rugby Rovigo Delta SELECT: Red card ☒ Citing ☐ Other (specify) ☐ Offence 9.12: A player must not verbally abuse anyone. Verbal abuse includes, but not limited to, abuse based on: religion, colour, national or ethnic origin, sexual orientation. Summary of Sanction 8 weeks HEARING DETAILS Hearing date 16th January 2019 Hearing venue Sheraton Paris CDG Chairman/JO Jean Noel Couraud Panel member 1 Achille Reali Panel member 2 Frank Hadden Disciplinary Officer Liam McTiernan Appearance Player Yes ☒ No ☐ Appearance Club Yes ☒ No ☐ Player’s Representative(s): Other attendees: Maria Gyolcsos: EPCR Frederico Cogo (present) - Legal representative 1 Lanfranco Massimi (skype) - Legal representative 2 Mr. Joe Van Niekerk (present- captain of Rovigo) - Interpreter List of documents/materials provided to player in advance of hearing: 1 Notice of Hearing issued to the Player and Disciplinary Officer dated 12.01.2019 2 Red Card Report from the match referee, Shota Tevadze; 3 Statement from the assistant referee, Ilia Mjavanadze; 4 Statement from the 4th official, Andrea Spadoni; 5 Statement from the 5th official, Riccardo Bonato; 6 the video clip via link:https://drive.google.com/file/d/1efLDg1sz7QX9uxPryxBawp9Tqq2OtM05/view?usp=sharing Disciplinary Decision page 1 sur 7 SUMMARY OF ESSENTIAL ELEMENTS OF CITING/REFEREE’S REPORT/FOOTAGE The red card report from the match Referee stated: “Coach of Rovigo said to Padova player : "fuck off you black piece of shit" in Italian and I took that info from no 4” The Assistant Referre AR2, Ilia Mjavanadze indicated in his report: “during the game i heard coach of Rovigo had raised his hand and shouted something in Italian to Padova player , how no4 said to us when referee stopped the game, coach shouted rasist sentence :" fuck off you black peace of shit" ! it was not his first acting likr that durng the game he was shouting to referee decisions very often , he had warnig for that as well before he took red card” Match Official n°4, Andrea Spadoni, stated: “Rovigo ball carrier was tackled on the midfield line and reach the line out line, Petrarca Number 9 Jeremy SU'A charge the player on the ground by the knee under the eyes of AR n°1. Rovigo's coach Umberto Casellato immediately moved near the contact area, pointed the Petrarca number 9 (he is black skin player) and he said: 'Hai visto cosa ha fatto? Negro di merda!' (lit. translation: did you see what he did? Shit negro!). I called the referee attention by radio, I said to him what happens and I ad vice him to sent the coach off.After the game, I was present when Rovigo coach ask sorry in front of the player for his words, he was repentant.” He confirmed the terms of his report by phone during the hearing. The report of the Match Official n°5, Riccardo Bonato, reads as follows: before a throw-in after a tackle Mr. Casellato leaves his technical area, approaching the half field and exclaims an racist insulting statement in Italian "negro di merda" translated into English "shit black man" to the n. 9 of the Petrarca rugby that has black skin. The fourth man called the referee and to give the coach a red card.” The video evidence showed: The player Petrarca n° 9 tackle the player Rovigo n°13 on the sideline near the referees. The Coach approaches immediately after the action and talks towards the players. AR and the Player Petrarca n °4 react immediately and talk to the Referee. ESSENTIAL ELEMENTS OF OTHER EVIDENCE (e.g. medical reports) There was no medical reports Disciplinary Decision Page 2 sur 7 SUMMARY OF PLAYER’S EVIDENCE Mr. Lanfranco Massimi , legal representative of the Coach sent before the hearing: 1. Statements from Alberto Chillon and Edoardo Lubian, Rovigo’s players n° 9 and 7. 2. EPCR Decision in Mathieu Bastareaud case. 3. Statement from John Kirwan 4. Statement from the Coach. 5. video clips. The Coach stated and submitted : - He accepted the offence warranted a red card but denied the terms of the Match Official n°4, Andrea Spadoni, Report - He reacted after an act of foul play , and said the words “You black shit , nero di merda” and not “Negro di merda” - He explained that this expression is often used towards the Petrarca Padova players as their playing kit is entirely black. - He immediately understood that these words could be interpreted as a form of verbal abuse with a racist meaning and apologized to the player as well as to the club representatives both after the fact and after the end of the game. - He said that in Italian the word “nero” means and translates as “black” (the color). - He indicated that the words “nero di merda” were used by supporters. - He submitted that the words “Nero di merda” were used in the context of a very nervous and intensive match. He asked to join by phone a Petrarca player during the hearing. This player( ex-player of the Coach) stated by phone that the words used were “nero di merda” FINDINGS OF FACT The Disciplinary Committee : 1- noted that the Coach had accepted that he had committed a verbal abuse and that this offense warranted a red card; 2- is satisfied, on the balance of probabilities, that the words used are those narrated in the match official n°4 report. Disciplinary Decision Page 3 sur 7 DECISION Breach admitted ☒ Proven ☐ Not proven ☐ Other disposal (please state below) ☐ SANCTIONING PROCESS ASSESSMENT OF SERIOUSNESS Assessment of Intent – R 7.8.32 (a)-(b) Intentional/deliberate ☒ Reckless ☐ State reasons The Coach intented to use the words narrated on Match Official n° 4 Report. Gravity of player’s actions – R 7.8.32 (c) The nature of the words used conjures up discrimination which is deplorable and totally unacceptable. These words have no place in society and in rugby. Nature of actions – R 7.8.32 (d) verbal abuse Existence of provocation – R 7.8.32 (e) There was no provocation. Whether player retaliated – R 7.8.32 (f) No Self-defence – R 7.8.32 (g) N/A Effect on victim – R 7.8.32 (h) NiL Effect on match – R 7.8.32 (i) Nil Vulnerability of victim – R 7.8.32 (j) N/A Level of participation/premeditation – R 7.8.32 (k) Full participation but no premeditation Conduct completed/attempted – R 7.8.32 (l) Disciplinary Decision Page 4 sur 7 The conduct was completed. Other features of player’s conduct – R 7.8.32 (m) Nil ASSESSMENT OF SERIOUSNESS CONTINUED Entry point Top end* Weeks Mid-range 12 Weeks Low-end Weeks ☐ ☒ ☐ *If Top End, the JO or Panel should identify, if appropriate, an entry point between the Top End and the maximum sanction and provide the reasons for selecting this entry point, below. In making this assessment, the JO/Committee should consider World Rugby Regulations 17.19.2(a), 17.19.2(h), and 17.19.2(i) or the equivalent provisions within the Tournament Rules referred to above. Reasons for selecting Entry Point above Top End Not applicable ADDITIONAL RELEVANT OFF-FIELD AGGRAVATING FACTORS Player’s status as an offender of the Laws of the Game – R 7.8.34 (a) The Coach has no significant disciplinary record Need for deterrence – R 7.8.34 (b) no Any other off-field aggravating factors – R 7.8.34 (c) none Number of additional weeks: Disciplinary Decision Page 5 sur 7 RELEVANT OFF-FIELD MITIGATING FACTORS Acknowledgement of guilt and timing – R 7.8.35(a) Player’s disciplinary record/good character – R7.8.35 (b) The Coach accepted the red card at the earliest opportunity The Coach has no significant disciplinary record and did not seek to contest it. Youth and inexperience of player – R 7.8.35 (c) Conduct prior to and at hearing – R 7.8.35 (d) The Coach is experienced Very Good Remorse and timing of remorse – R 7.8.35 (e) Other off-field mitigation – R 7.8.35 (f) The Coach immediately apologized to the player and the The Coach is involved in his club match officials. He also expressed his remorse during the hearing. Number of weeks deducted: 4 Summary of reason for number of weeks deducted: The Coach cannot have the benefit of full mitigations because he challenged the terms of Match Official n°4 Report. Disciplinary Decision Page 6 sur 7 SANCTION NOTE: PLAYERS ORDERED OFF ARE PROVISIONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING – R 7.2.5 Total sanction 8 Weeks Sending off sufficient ☐ Sanction commences At the conclusion of the hearing Sanction concludes Midnight on Sunday 17 March 2019 Free to access stadiums on match days Monday 18 March 2019 The suspension consists in forbidding the Coach to access stadiums on match days during the 8 weeks suspension. Signature (JO or Chairman) Jean Noel COURAUD Date 17th January 2019 NOTE: YOU HAVE THE RIGHT OF APPEAL AGAINST THIS DECISION AS SET OUT IN REGULATION 8.1 AND 8.2 OF THE EPCR DISCIPLINARY REGULATIONS. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE TIME LIMIT AND DIRECTIONS/REQUIREMENTS RELATING TO AN APPEAL SET OUT IN REGULATION 8.2.1 TO 8.2.4 OF THE REGULATIONS Disciplinary Decision Page 7 sur 7 .

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