Introduction

In 2009 the World Rugby member unions identified integrity, passion, solidarity, discipline and respect as the defining character-building characteristics of rugby. These are now collectively known as the World Rugby values and are incorporated within the World Rugby Playing Charter, a guiding document aimed at preserving rugby’s unique character and ethos both on and off the field of play. The World Rugby Playing Charter is incorporated within the World Rugby Laws of the Game. The core values enable participants immediately to understand the character of the games and what makes it distinctive as a sport which is played by people of all shapes and sizes.

To quote from the World Rugby Playing Charter:

“Rugby owes much of its appeal to the fact that it is played both to the letter and within the spirit of the laws. The responsibility for ensuring that this happens lies not with one individual - it involves coaches, captains, players and referees ... Rugby has fully embraced the professional era, but has retained the ethos and traditions of the recreational game. In an age in which many traditional sporting qualities are being diluted or even challenged, rugby is rightly proud of its ability to retain high standards of sportsmanship, ethical behaviour and fair play.”

In addition to the above the Cayman islands Rugby Union (CRFU), has adopted its own mission and made a values statement:

Our mission

Our club is a community, a place to form life-long friendships. Our purpose is to inspire the people of the Cayman Islands to play and enjoy the game of rugby. By providing a safe, supportive and fun environment, we will nurture both girls and boys to form the foundation of competitive teams, domestically and internationally.

Our Values

Respect- Whether player, parent, volunteer or official, we respect the rights, dignity and worth of every person and will accept them for who they are; respect is the glue that binds our community.

Loyalty- I will contribute to the success and growth of our club and its mission.

Integrity- Honesty and fair play in all we do. I will be accountable for my actions.

Inclusivity- A place for all; we welcome and embrace all those who share, or aspire to, our values.

Fair, yet robust, disciplinary procedures are critical in ensuring that Rugby remains a game of controlled physical endeavour, with the health, welfare and enjoyment of all involved protected. A defined and comprehensive disciplinary system protects rugby’s image, integrity and values and, by observing the Laws of the Game, its Rules and Regulations, and reporting breaches, we are all supporting rugby’s values so that action can be taken and further violations deterred.

As a member union of World Rugby, Cayman Rugby Football Union (CRFU) must ensure that it complies with the World Rugby Regulations and must further ensure that it takes appropriate action to inform each and every one of its members of the terms of the World Rugby Regulations and the obligation to comply with the same.

The following World Rugby Regulations are particularly relevant to discipline and apply to all rugby related activities sanctioned or organised by CRFU. All players, coaches, match officials and CRFU members should be aware of their contents.

• Regulation 17 Discipline – Foul Play (Reg 17)

• Regulation 18 Misconduct and the Code of Conduct (Reg 18)

• Regulation 19 Breach of the Bye-laws or Regulations

• Regulation 20 Disciplinary and Judicial Matters

CRFU has made and adopted these Discipline and Conduct Regulations in furtherance of the duties and values referred to above. These Regulations are intended to supplement the above World Rugby Regulations and, where appropriate, to make some adjustments to the procedures prescribed by Reg 17 to better suit the domestic game in the Cayman Islands. The Expedited Procedures set out below in Regulation 4 have been approved by World Rugby in accordance with World Rugby Regulation 17.25.4(a).

1. Application

1.1. These Regulations shall apply to all rugby related activities sanctioned or organised by CRFU.

1.2. In the event of any conflict between these Regulations and the World Rugby Regulations, these Regulations shall prevail unless these Regulations conflict with the Core Principles of Reg 17, in which case the Core Principles shall prevail.

1.3. These Regulations shall be effective immediately upon CRFU giving notice of them by whatever means CRFU considers most expedient irrespective of whether an individual has actual notice of them.

2. Judicial Appointments

2.1. CRFU shall appoint individuals as members of the Judicial Panel (Judicial Panel Members). 

2.2. CRFU shall appoint one Judicial Panel Member as the Judicial Panel Chair and one Judicial Panel Member as the Judicial Panel Vice Chair. In the event that the Judicial Panel Chair is unavailable for any reason, the Judicial Panel Vice Chair shall act as the Judicial Panel Chair.

2.3. The Judicial Panel Chair shall in their absolute discretion appoint Judicial Panel Members to act as Disciplinary Officer, Disciplinary Committee Members, Foul Play Review Officer, Foul Play Review Committee Members, Judicial Officer, Appeal Officer and Appeal Committee Members as required.  For the avoidance of doubt, the Judicial Panel Chair may appoint themselves to deal with any matter, whether alone or with a committee.

2.4. In exceptional circumstances, and in their absolute discretion, the Judicial Panel Chair may appoint a Disciplinary Officer, Disciplinary Committee Member, Foul Play Review Committee Member, Judicial Officer, Appeal Officer or Appeal Committee Member who is not a Judicial Panel Member.

2.5. Judicial Panel Members may be removed by CRFU from the Judicial Panel by notice in writing to the Judicial Panel Member.

2.6. Judicial Panel Members may resign from the Judicial Panel by notice in writing to CRFU.

2.7. A list of the current Judicial Panel Members is available on request from CRFU.

2.8. CRFU shall use all reasonable efforts to appoint a Disciplinary Liaison Officer (DLO) who shall act as the liaison between CRFU, Judicial Panel Members, players, match officials and coaches. The DLO shall be responsible for the administration of the disciplinary process.   In the absence of a DLO appointment, all documentation should be submitted to the Rugby Operations Manager and the Vice President of Operations will liaise with the Judicial Panel in relation to the administration of the disciplinary process (if necessary).

2.9. CRFU shall, in consultation with the Regional Training Manager, establish an education program for the Judicial Panel Members and the DLO on the implementation of these Regulations and the application of the disciplinary process. 

3. Foul Play

3.1. Unless these Regulations provide otherwise, acts or alleged acts of Foul Play shall be dealt with in accordance with Reg 17.

4. Expedited Procedures for Foul Play

4.1. In the event that an act of Foul Play occurs or is alleged to have occurred that is required by Reg 17 to be referred to a Disciplinary Committee, the DLO shall collect and provide to the Judicial Panel Chair the following materials as soon as possible after the match and ideally within 24 hours:

1. written statements from the Match Officials;
2. a written statement from the Player, which should clearly state the extent to which the player accepts that he committed the alleged act of Foul Play;
3. written Statements from any relevant witnesses;
4. a copy of any available video evidence;
5. any available information regarding the player’s disciplinary record; and
6. confirmation of whether or not any injury was suffered by any victim of Foul Play (collectively the Evidence).

4.2. Upon receipt of the Evidence, the Judicial Panel Chair shall consider whether the matter should proceed immediately to a hearing or whether the matter should be referred to a Foul Play Review Committee. There shall be a presumption in favour of referring the matter to a Foul Play Review Committee, but the Judicial Panel Chair shall have absolute discretion and the decision shall be final and not subject to any appeal. The reasons why a matter might not be suitable for referral to a Foul Play Review Committee might include:

1. the alleged act of Foul Play is considered too serious to be dealt with by a Foul Play

Review Committee;

1. the Evidence alone is insufficient to establish the facts necessary for a Foul Play Review

Committee to reach a decision;

1. it is considered necessary or appropriate to resolve factual disputes in the Evidence or make other findings of fact that should only be done after a hearing; or
2. it is considered necessary or appropriate to allow the player, the victim or any witness the opportunity to give oral evidence that might be relevant to any decision on sanction.

• If the Judicial Panel Chair considers that the matter is not suitable for referral to a Foul Play Review Committee, then a Disciplinary Officer or Disciplinary Committee shall be appointed and the matter will proceed in the usual way in accordance with Reg 17.

• If the Judicial Panel Chair considers that the matter is suitable for referral to a Foul Play Review Committee, then a Foul Play Review Committee consisting of three Judicial Panel Members or a single Foul Play Review Officer shall be appointed by the Judicial Panel Chair. In the event that a Foul Play Review Officer is appointed, they shall perform the same function as a Foul Play Review Committee.

• Once appointed, the Foul Play Review Committee shall consider the Evidence and determine the appropriate sanction to applied in the event that the player admits that they are guilty of the alleged Foul Play and wishes to accept the sanction determined by the Foul Play Review Committee without proceeding to a hearing. When determining the appropriate sanction, the Foul Play Review Committee shall have regard to:

1. Reg 17 Appendix 1 – World Rugby Sanctions for Foul Play;
2. the seriousness assessment prescribed by Reg 17.18 (in order to determine the correct entry point for sanction);
3. any mitigating factors, including an appropriate discount for an early guilty plea (in order to determine whether there are any reasons to decrease the sanction); and
4. any aggravating factors (in order to determine whether there are any reasons to increase the sanction).

4.6. Once the Foul Play Review Committee has determined the appropriate sanction, the player shall be provided with the materials provided to the Foul Play Review Committee and shall be notified in writing of the sanction that the player will receive if they admit that they are guilty of the alleged Foul Play. If the player wishes to admit that they are guilty of the alleged Foul Play and accept the sanction, they must confirm their acceptance to the DLO in writing within 24 hours. In those circumstances: 

1. no hearing will take place;
2. the Foul Play Review Committee will provide written confirmation of the sanction together with very brief written reasons for the decision, usually within 48 hours; and
3. there will be no right of appeal against the decision of the Foul Play Review Committee;

• If the player does not confirm within 24 hours that they wish to admit that they are guilty of the alleged Foul Play and accept the sanction, then a Disciplinary Officer or Disciplinary Committee shall be appointed and the matter will proceed in the usual way in accordance with Reg 17. For the avoidance of doubt, a) the player shall be entitled to submit additional evidence to the Disciplinary Committee in the usual way in accordance with Reg 17 and any directions given by the Disciplinary Officer or Disciplinary Committee, and b) any member of the Foul Play Review Committee may also be appointed as a member of the Disciplinary Committee.

• Notwithstanding the expedited procedures provided for by this Regulation, a player, CRFU or World Rugby shall always have the right to have a hearing that complies with the requirements of Reg 17.

5. Misconduct

5.1. Unless these Regulations provide otherwise, acts or alleged acts of Misconduct shall be dealt with in accordance with Reg 18.

6. Amendment

6.1. These Regulations may be amended from time to time by CRFU in its absolute discretion and any amendment shall be effective immediately upon CRFU giving notice of any such amendment by whatever means CRFU considers most expedient irrespective of whether an individual has actual notice of any amendment.

7. Repeal of Previous Regulations

7.1. Any previous regulations dealing with discipline and conduct are, with immediate effect, repealed and replaced by these Regulations.

Dated 20 January 2022