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)
About the Author
Kevin is a advisor and member of the editorial board for LawInSport, having previously acted as editor. In his day-to-day work he has two roles: as the Principal for his own consultancy business Captivate Legal & Sports Solutions, and Special Counsel for Sports Integrity at leading global sports technology and data company Genius Sports.
Ben Cisneros is a trainee solicitor at Morgan Sports Law, having graduated from Selwyn College, Cambridge, with a First in Law in 2019. He works across a variety of sports and practice areas but has particular expertise in Rugby Union. Ben writes a blog called 'Rugby and the Law' (www.rugbyandthelaw.com), covering a wide range of sports legal matters including discipline, concussion, anti-doping and governance, as well as all manner of commercial and regulatory issues. He has also had work published in the International Sports Law Journal, and is a fluent Spanish speaker.