RFU SHORT JUDGMENT FORM

MatchBarkers Butts RFC Vs Nuneaton Old Edwardians RFC Club’s LevelLevel 7 Competition Midlands 2 West South Date of Match14/03/2020 Match Venue Nuneaton

Particulars of Offence Player’s SurnameBoland Date of Birth 08/12/1989 Forename(s)Jack Plea Admitted✔ Not Admitted Club nameBarkers Butts RFC RFU ID No. 739628 Type of Offence Citing Law 9 Offence Law 9.12 - Strike with the head Sanction 22 weeks

Hearing Details Hearing Date02/04/2020 Hearing venue Video Chairmen/SJODaniel White Panel Member 1 Mitch Read Panel Member 2Steve Challis Panel Secretary Rebecca Morgan

Appearance Player Yes✔ No Appearance Club Yes✔ No

Player’s Representative(s): Other attendees:

KeithForename(s) Groom – Hon Sec & Club Disciplinary Ryan Plea Hatch – injured player Officer John Burdett – Hon Treasurer & 1st Team Manager Glenn Southwell – Barker Butts Coach

List of documents/materials provided to player in advance of hearing:

ChargeForename(s) sheet, Appendix 2 sanctions table, citing complaint, referee’s (Kulwinder Devgun) “Injury EventPlea Form”, statement from Ryan Hatch, medical confirmation of injuries including x-ray and Barkers Butts Disciplinary hearing documentation.

RFU SHORT JUDGMENT FORM 1 Summary of Essential Elements of Citing/Referee/s Report/Footage

TheForename(s) citing report states, “VeryPlea close competitive game with the scores equal a few minutes before full time. NOE are awarded a penalty and the NOE No 2 celebrates excessively. This is responded to aggressively by 2 of the Barkers players. The NOE Captain and No 8 Ryan Hatch tries to keep the NOE No 2 and the Barkers No 6 apart. Whilst restraining his own player and therefore completely unable to defend himself is headbutted by the Barkers No 6. The first headbutt does not connect with any force so the same player then has a second attempt which is much more deliberate and forceful. The NOE no8 left the field with a bad mouth wound and has subsequently has had 2 metal plates inserted during emergency surgery for a broken jaw. It is also possible that he may have permanent loss of feeling in this area of his face. The referee’s view of the headbutts was obscured but during the same incident he did see the same player throw a punch which didn't connect. The No 6 was Yellow carded for this attempted punch. The player came up to Ryan in the bar after the game and offered an apology. I have been advised that Barkers held a disciplinary meeting last night (18/03/2020) and have suspended the player for 10 weeks.” The referee’s injury report states, “The game was poised for grand finale with the scores locked at 24-24 both sides pressing for the win, the time of the incident was 2H 38mins. A kick by BB just outside their 22 went straight out, resulting in a lineout 2m outside BB 22. NOE threw the ball in and BB6 went in the side thus being offside as the lineout was not over, the whistle was blown straight away for the offence. This resulted in NOE patting the BB6 on the head, who took offence and a mini scuffle broke out. This then escalated with a number of players from both sides having 3-4 separate scuffles. I continued to blow the whistle and the BB6 proceeded to throw a punch. After the scuffles calmed down a number of NOE players, coaches and supporters were claiming that there was a head butt by BB6 to NOE8. I proceed to deal with the BB6 for what I had clear view of throwing a punch, but could not see where on the body he connected. He was issued YC and the game proceeded with a penalty to NOE. If I had seen the head butt by the BB6, he would off clearly been issued a RC but unfortunately I was unsighted of this offence. I have reviewed the video footage and can see at 38min 37 secs that the alleged head butt occurred. I was also informed (Sunday 15th March @10.37) that the NOE player is subsequently having an operation on a broken/fractured jaw.”

In summary, the Player became frustrated having given away a penalty in the last few minutes of the game. He was vigorously patted on the upper back by an opponent and thereafter became aggressive and confrontational. The injured player (Ryan Hatch), throughout, was trying to pull apart Mr Boland and his own player, who had antagonised Mr Boland. In separating the two Mr Hatch was unable to see that on two occasions Mr Boland had deliberately jumped up, whilst grappling with him and had moved his head near to and then into the side of his jaw.

Mr Boland’s second attempt was a deliberate headbutt to the face of a vulnerable opponent. It resulted in potentially life changing injuries, namely a broken jaw (which required emergency surgery, the insertion of screws, wires and a metal plate), nerve damage to the chin area, loss of feeling to the bottom lip and jaw and potential root canal damage. The player was unable to eat solids for a considerable period of time and was in a great deal of pain for the following days.

The panel heard from Ryan Hatch, who confirmed he had been in severe pain for 10 days, the swelling had now gone down, but he had had two plates inserted above and below his jaw. He has stitches which will dissolve within 6 months and still can’t eat solid food. Currently he has lost sensation in his chin area and the left hand side of his chin doesn’t move when he talks. His two teeth may be damaged where the break occurred, but this will have to be reviewed on an ongoing basis to see if the nerves are dead. He was unable to work for two weeks, albeit he had been told he could be signed off for 6 weeks.

Admirably, he confirmed he had gone back to work early due to the Corona virus issues (his family business are making parts for ventilators jointly with Rolls Royce).

RFU SHORT JUDGMENT FORM 2 Essential Elements of Other Evidence (e.g. medical reports) Forename(s) Plea

RFU SHORT JUDGMENT FORM 3 Summary of Player’s Evidence

JackForename(s) Boland took the panel through the video footage of the incident. He said he was trying to pull the antagonistPlea (NOE’s No 2) towards him, to “rub his eyebrow with his head” and that this was so as to try and get a penalty for his team as a result of that player then overreacting and responding violently towards him.

He said that Ryan Hatch had been doing “the right thing” by separating the two of them. He described himself as “jumping up and down like an idiot”. He accepted he behaved stupidly and that there was no excuse for it. He was “gutted” he had caused this extent of injury, he had not intended to cause any injury and he had not intended to make contact with the head of Ryan Hatch at any stage. He accepted knowing that Ryan was “there”, but said he was trying to get round him to the other person. When asked specifically, he accepted that his actions were reckless as to whether his head would make contact with the head of Ryan Hatch.

Mr Boland was asked why he appeared to be moving up and down at least twice prior to his head making contact with Mr Hatch’s. He said he was trying to swing round or to jump around Mr Hatch. He said he didn’t have time to think that he was going to hurt someone, the purpose of his actions, he stated, was to get the other player to react so that his team would get a penalty. He said he knew the changes in height and his moving up and down “looked bad”, but again stressed that he did not intend to make contact with either of the players and his head. He described himself as acting like a “knob”.

When questioned by the panel members as to what degree of control he felt he had during this incident Mr Boland replied, “Not enough. I was jumping around like a boxer. If I had been in control then it wouldn’t have been reckless (which he accepted it had been). Despite this, he went on to say that his actions were not violent or an aggressive loss of control.

The second panel member asked why he appears to have slipped and then gone back for more? He said he didn’t know, he agrees he had gone up and down a couple of times, but stressed that this was not with “violent intent.”

Mr Boland was then asked about the suggestion that as he left the field of play he had come into contact with his coach, who had patted him on the back and with him saying, “It’s ok. He should have been wearing a gumshield”. At that point the injured parties mother asked them what difference that would have made because he had just been headbutted and Mr Boland is described as laughing. He said there were a lot of “afters” from the sideline as he went off the field. He was trying to laugh it off, saying something like, “I’ve not been threatened by someone in a bobble hat before”. He said his coach asked him to sit down and that they had not been laughing to make light of the situation. He said it was only at this stage that he became aware that Mr Hatch had had to come off the field and had injured his teeth and cut his gum. When he became aware of the extent of the injury he said he was “even more gutted”.

After the game Mr Boland confirmed that he had tried to speak to Mr Hatch to apologise and offer to pay for his dental treatment, but Mr Hatch, unsurprisingly, was in no mood to interact with him. Mr Boland had tried to get word to him through a mutual friend, but wasn’t sure if this had been passed on. He explained he is “devastated”, but that his feelings weren’t important. He said he knows Mr Hatch is a “nice guy” and is gutted that this prematurely ended his season.

Mr Boland accepted that Mr Hatch would not have seen the blow coming and could not have protected himself from the impact in the circumstances.

The panel asked Mr Boland about the potential provocation in being slapped, as was plainly the case, upon his upper back by the opposing player for giving away a penalty. Mr Boland showed considerable insight by acknowledging that although that had happened, he had not reacted in a proportionate way.

Mr Boland confirmed he has had two previous red cards, one in 2015 for punching in retaliation to someone punching him and another, he believes in 2013, when someone hit him in a ruck and he hit him back.

Mr Boland has played rugby for Barkers Butts since he was 12 years old and for the first team for 13 years since he was 17 years old. His coach described him as a “good clubman”, who was devastated on the night in question. He was not necessarily assisted in his submissions by his coach who averred, “from what I can see it’s purely accidental”, but the panel ignored this comment for the purposes of sanction in its entirety.

RFU SHORT JUDGMENT FORM 4 Findings of Fact

TheForename(s) panel considered all the evidence and Mr Boland’s account of events. Contrary to his accountPlea we found that this was an intentional and deliberate act in heading butting Mr Hatch to the jaw. We find that Mr Boland undoubtedly knew that Mr Boland’s head was vulnerable and exposed and, in anger, took the opportunity to strike him with his head; the first attempt to do so missing and the second causing all the associated injuries. The panel found the player’s actions to be extremely serious and the effect upon the victim of the utmost severity; noting Mr Hatch’s vulnerability and the fact that he was trying to break up the fight, caused jointly by Mr Boland in the first place, when this occurred.

The panel reflected upon the suggestion that he had been laughing after being removed from the pitch, but could not determine on a balance of probabilities whether this was in embarrassed shame as he suggests or out of blatant disregard for the enormity of what he had done. For that reason we gave him the benefit of the doubt and have not aggravated the entry point further for this alleged conduct.

For these reasons we found that this was plainly a Top End Entry point and went well beyond the usual suggested starting point (16 weeks) by some considerable way. In reaching this conclusion the panel referred to the Practise Note “Sanctions for Foul Play – Top End Entry Points” within Appendix 5 of RFU Regulation 19.

RFU SHORT JUDGMENT FORM 5 Decision

Breach admitted✔ Proven Not Proven Other Disposal (please state below) Forename(s) Plea

SANCTIONING PROCESS

Assessment of Seriousness Assessment of intent - Ref 19.11.8

PLEASE TICK APPROPRIATE BOX 19.11.8(a) Intentional/deliberate ✔ 19.11.8(b) Reckless Reasons for finding as to intent:

This was an intentional headbutt to the head of a player who was trying to break up a fight and could not have seen the blow coming. The result being a broken jaw, emergency operation and ongoing significant injury.

Gravity of player’s actions - Reg 19.11.8(c)

Any headbutt to the head is extremely serious, but the nature of the injuriesinthiscasemakeit particularly so.

RFU SHORT JUDGMENT FORM 6 Nature of actions - Reg 19.11.8(d)

A headbutt to the jaw of a vulnerable opponent

Existence of provocation - Reg 19.11.8(e)

Yes. The player was slapped twice on the back after giving away a penalty in an extremely hard-fought game which was drawn at the point of the incident.

Whether player retaliated - Reg 19.11.8(f)

N/A

Self-defence - Reg 19.11.8(g)

N/A

Effect on victim - Reg 19.11.8(h)

A broken jaw and ongoing associated injuries; some of which of a potentially permanent nature.

Effect on match - Reg 19.11.8(i)

This was in the dying minutes of the game and did not affect the score line which remained a draw at full time.

Vulnerability of victim - Reg 19.11.8(j)

The injured player was vulnerable. He could not protect himself from the blowandashewas trying to break up the fight at the time he could not have seen the headbutt coming.

Level of participation/premeditation - Reg 19.11.8(k)

This was not premeditated, but as with all “red mist” acts of foul play, must have required a fleeting awareness of the consequences of his actions.

RFU SHORT JUDGMENT FORM 7 Conduct completed/attempted - Reg 19.11.8(l)

Completed

Other features of player’s conduct - Reg 19.11.8(m)

Mr Boland’s behaviour at the hearing was contrite, remorseful and appropriate to the nature of the hearing.

Assessment of Seriousness Continued Entry point Low-end Weeks Mid-range Weeks Top-end* Weeks ✔ 36

*If Top End, the JO or Panel should identify, if apropriate, 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 be consider RFU Regulation 19

Reasons for selecting entry point:

WeForename(s) found this case to fall above the usual Top End entry point because of the following: 1.Plea Deliberate head butt to the head; 2. Vulnerable victim; 3. Significant injury requiring hospitalisation and surgery

Additional Relevant Off-Field Aggravating Factors - Reg 19.11.10 Player’s status as an offender of the laws of the game - Reg 19.11.10 (a)

Although the player has two previous disciplinary matters they are over 5 years old and therefore we did not feel it appropriate to aggravate his entry point.

Need for deterrent to combat a pattern of offending - Reg 19.11.10(b)

N/A

RFU SHORT JUDGMENT FORM 8 Any other off-field aggravating factor that the disciplinary panel considers relevant and appropriate - Reg 19.11.10 (c) N/A

Number of additional weeks: 0

Relevant Off-Field Mitgating Factors Acknowledgement of guilt and timing - Player’s disciplinary record/good character - Reg 19.11.11(a) Reg 19.11.11(b) Yes.Forename(s) Genuine remorse during the hearing and The Plea player has two relevant previous disciplinary matters, seemingly from a stage not long after the both punches resulting in red cards, but the latest of which was 5 years ago and therefore we did not feel this completion of the game. significantly reduced the credit available, but it did reduce it to a degree. Youth and inexperience of player - Reg 19.11.11(c) Conduct prior to and at hearing - Reg 19.11.11(d)

N/A Appropriate

Remorse and timing of Remorse - Reg 19.11.11(e) Other off-field mitigation - Reg 19.11.11(f)

Remorse shown after the game and during the “A good clubman” disciplinary hearing.

Number of weeks deducted: 14

Summary of reason for number of weeks deducted:

WeForename(s) felt that an approximate 30% discount was appropriate noting his plea and his remorse. HavingPlea heard the evidence we rejected his suggestion that this was reckless and we noted his relevant, albeit old, previous offences.

RFU SHORT JUDGMENT FORM 9 Games for meaningful sanctions:

ThisForename(s) is not straight forward, in the current circumstances. The panel were conscious of the RFU guidance thatPlea during the existing and extraordinary quarantined circumstances (due to the outbreak of the Covid 19 virus) disciplinary panels are to allow the three remaining weeks of the current season to count against the sanction to be imposed, but to set out how many weeks of next season we intend the ban to cover. This being in accordance with World Rugby’s most recent decisions and the Joe Marler case in particular. Without expressing an opinion upon this stance and, in the interests of ensuring parity between players in the same circumstances, (i.e. those subject to disciplinary bans covering the remainder of a season which we know has been cancelled) ,we shall indicate that the three remaining games of the 2019/2020 season for Barkers Butts RFC will count against the number of weeks imposed. However, of the 22 weeks ban we impose, the remaining 19 weeks must cover 19 meaningful games in the next rugby season, whenever that season shall be permitted to commence by the RFU.

Sanction

NOTE: PLAYER ORDERED OFF ARE PROVISIONALLY SUSPENDED PENDING THE HEARING OF THEIR CASE, SUCH SUSPENSION SHOULD BE TAKEN INTO CONSIDERATION WHEN SANCTIONING

Total sanction22 weeks Sending off sufficient Sanction commences 18/03/2020 Sanctions concludes To be determined Free to play To be determined Final date to lodge appeal 21.04.2020 Costs (please refer to Reg £125 19, Appendix 3 for full cost details)

Signature Daniel White Date (JO or Chairman) 06/04/2020

NOTE: YOU HAVE THE RIGHT OF APPEAL AGAINST THIS DECISION AS SET OUT IN REGULATION 19.12 OF THE DISCIPLINARY REGULATIONS. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE TIME LIMIT AND DIRECTIONS/REQUIREMENTS RELATING TO AN APPEAL SET OUT IN REGULATION 19.12.9

RFU SHORT JUDGMENT FORM 10