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A detailed review of disciplinary proceedings at the Japan 2019 Rugby World Cup (Part 2)

Rugby Tackle
Monday, 11 May 2020 By Kevin Carpenter, Ben Cisneros

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:

  1. an overview of the disciplinary process; and
  2. 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:

  1. the ultimate outcome of any disciplinary action - the sanctions, including:
    1. on-field factors – the assessment of seriousness
    2. determining the “entry point”
    3. off-field aggravating factors
    4. off-field mitigating factors
    5. matches included in the period of suspension
  2. the procedural matters which have practical applicability for other disciplinary processes and hearings in sport, including:
    1. composition of disciplinary commissions
    2. appearance and representation of players at hearings
    3. citing Commissioner’s role
    4. nature of an appeal
    5. transparency

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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Written by

Kevin Carpenter

Kevin Carpenter

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.

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Ben Cisneros

Ben Cisneros

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.

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