Regulation 6 – Appendix 3 – Non-Fulfilment of matches disciplinary framework (Non-Covid)
Contents:
2. Determination of Seriousness
3. Determination of Sanction/Decision
1. Purpose and Scope
The purpose of this document is to provide details of the disciplinary framework to deal with non-fulfilment of fixture cases for all League Competitions for the Season due to non-Covid 19 reasons. This document will be provided to the relevant Disciplinary Panel/Organising Committee/CB for them to take into account when deciding on such matters.
The Framework is developed alongside RFU Regulation 22 which deals with specific Covid related non-fulfilment of fixtures issues, if applicable. Regulation 6 will continue to apply in cases where non-fulfilment is weather or pitch suitability related.
For avoidance of doubt, this framework does not prevent any matter being considered as a breach of RFU Rule 5.12, or any other RFU Regulation, and therefore being dealt with under Regulation 19.
2. Determination of Seriousness
Any non-fulfilment of a fixture should undergo a determination of the seriousness of the failure to complete a fixture. Features to be considered shall include:
- (a) Proximity to the fixture;
- (b) Reason for non-fulfilment
- (c) Whether a club/individual/other has come to any expense as a result of the non- fulfilment;
- (d) Any attempt made to mitigate any issues relating to the postponement;
- (e) Reasonableness of the reason for non-fulfilment;
- (f) Any previous breaches of this type of offence;
- (g) Any other relevant factor put forward by the RFU and/or club (which in respect of Counties 1 and below (formerly Level 7 and below) of the Men’s game and Level 4 and below of the Women’s game may include the offer to honour the fixture using unregistered or borrowed players in place of an unfulfilled League match).
3. Determination of Sanction/Decision
1. Having considered the seriousness of the non-fulfilment as set out above, the Disciplinary Panel/Organising Committee/Constituent Body may impose such decision/sanctions it considers necessary and may take into account the below:
| Entry Point | League Points Deduction | Fine | Rearrangement | Reimbursement of Costs | Other |
| Low End |
Up to 10 League points an element of which may be suspended |
Possibly Suspended | No – Points to be awarded to club not at fault. | No | To be determined by the Panel/OC/CB |
| Mid- Range |
Up to a maximum of 20 League points, an element of which may be suspended |
Available | No – Points to be awarded to club not at fault. | Available | To be determined by Panel/OC/CB |
| Top End | Up to a maximum of 30 League points. | Available | No – Points to be awarded to club not at fault. | Available |
To be determined by Panel/OC/DC – This can include relegation or a move to another part of the league structure. |
2. In circumstances where:
- (a) a national 0-0 win or loss is recorded in respect of an unplayed match; or
- (b) a match is not played for any other reason;
- (c) this may at the end of the Season require the Organising Committee to cause an adjustment of match points of one or more Clubs to properly determine League winners, promotion and/or relegation in accordance with RFU Regulation 6. The Organising Committee shall apply the following:
- i. an adjustment of match points if either Club involved in the unplayed match is a contender for League winner, promotion or relegation by virtue of an equal number of League points:
- ii. all match points in the corresponding fixtures of all other contending Clubs will be removed from the playing records (a corresponding fixture is defined as the scheduled fixture at the same time venue as the unplayed match or in a League where Clubs play each other once only regardless of venue);
- iii. the adjustment referred to in (i) above will not be made if it benefits the defaulting Club in the unplayed match to the detriment of another Club. Further, where two or more Clubs have complete records their positions relative to each other will remain unchanged by adjustment caused by a defaulting Club in an unplayed match.
Where a club has failed to fulfil a fixture that has resulted in costs being incurred by the other club to the fixture, the Disciplinary Panel/Organising Committee shall have the power to order that the club who has been unable to fulfil a fixture shall reimburse the other club party their reasonable costs for the fixture.
The Disciplinary Panel/Organising Committee/Constituent Body should only consider doing so where there is fault on behalf of the club who could not fulfil the fixture. In the cases of serious breaches or multiple breaches by a club, the RFU shall have the ultimate power to relegate/move that club to another part of the league structure.
In addition to the above, the Disciplinary Panel/Organising Committee shall consider any aggravating factors and mitigating factors in determining the final sanction.
As set out in RFU Regulation 19.3.3, Disciplinary Panels/Organising Committees will be entitled in their absolute discretion to apply sanctions in a season other than the season in which any breach occurred in order to ensure that the application of any sanction has a meaningful effect.
