A detailed review of disciplinary proceedings at the Japan 2019 Rugby World Cup (Part 2)
This is the second part of the authors’ deep-dive into the multitude of interesting legal issues arising from the disciplinary decisions taken during last year’s Rugby World Cup in Japan.
Part 1, available here, examined:
- an overview of the disciplinary process; and
- a substantive interpretation of the Laws and Regulations in relation to the decision-making framework for high tackles and intention vs recklessness.
Part 2 below moves on to look at:
- the ultimate outcome of any disciplinary action - the sanctions, including:
- on-field factors – the assessment of seriousness
- determining the “entry point”
- off-field aggravating factors
- off-field mitigating factors
- matches included in the period of suspension
- the procedural matters which have practical applicability for other disciplinary processes and hearings in sport, including:
- composition of disciplinary commissions
- appearance and representation of players at hearings
- citing Commissioner’s role
- nature of an appeal
The authors shall then bring together the analysis from across all areas considered (in both Parts 1 and 2) to draw a number of thought-provoking conclusions of importance to legal practitioners, academics and stakeholders alike.
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- Tags: Australia | Disciplinary | Dispute Resolution | England | International Rugby Board (IRB) | Japan | Laws of the Game of Rugby Union | New Zealand | Rugby | Rugby World Cup 2019 | South Africa | World Rugby Handbook | World Rugby Regulations
- A review of the disciplinary process and sanctioning decisions from Rugby World Cup 2015 - Part 1: Citing, hearings and video evidence
- A detailed review of disciplinary proceedings at Japan 2019 Rugby World Cup 2019 (Part 1)
Kevin is a advisor and member of the editorial board for LawInSport, having previously acted as editor.
Kevin specialises in integrity, regulatory, governance and disciplinary matters. His expertise and knowledge has led him to be engaged by major private and public bodies, including the IOC, FIFA, the Council of Europe, INTERPOL and the United Nations Office on Drugs and Crime (UNODC), as well as making regular appearances internationally delivering presentations and commenting in the media on sports law issues.
His research and papers are published across a variety of forums, including having a blog on LawInSport.