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What changes would you like to see to the disciplinary process?

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gregortree
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majesticimperialman
Pete C (Kiwireddevil)
GunsGerms
HammerofThunor
ultra
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Peter Seabiscuit Wheeler
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Post by blackcanelion Sun 25 Nov 2012, 11:16 pm

Recent decisions by officials, on and off the field have highlighted the limitations of the IRB's disciplinary system. How would you improve it?

Here are my thoughts:

1: Allow the referee to question the video referee if there is a question of serious foul play (intent to injure). I'm not really for stopping the game more than it already is. But a video referee would probably have seen Hore red carded, which I think would have been appropriate.
2: alternatively, use two referees. One for the ruck maul, one for rest of play.
3: Allow the captains to have 1 option a game where they could go to the video referee if they suspected foul play.
It's balancing act. I'm not totally convinced any of the options would actually solve the problem and they would probably add time. But a trial would show if they worked.

4. Put in place categories of offences (a la NRL). This takes out much of the subjectivity and speeds up the process.
5: Employ an independent committee and citing commissioners for all internationals and major tournaments. This is more likely to ensure consistency and provides for more effective adaptive management.
6: have a management process that is open (i.e. published), that reviews the results of each tour/tournament and recommends changes.

Personally, I think many of the suspensions are two short and the process is to open to bias and political interference. I think the only way effective change can be made is looking at the system rather than individual decsions on an ad hoc basis.


Any thoughts?


Last edited by blackcanelion on Mon 26 Nov 2012, 7:54 pm; edited 1 time in total

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Post by Biltong Sun 25 Nov 2012, 11:19 pm

My biggest issue is the "negotiability" of bans.

It seems that the incomsistencies stem from the variable degree a player can be punished with.

Example the tip tackle. We have seen Digby Ioane get 6 weeks and others get as low as two weeks.

Doesn't make sense.
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Post by Morgannwg Sun 25 Nov 2012, 11:31 pm

They need to review the tip tackle rule. I saw the supposed tip tackle Digby was cited for and tbh it was ridiculous.
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Post by Peter Seabiscuit Wheeler Sun 25 Nov 2012, 11:39 pm

Biltong,

Do you not think the severity of the incident, the recklessness, the premeditation involved, the players record, the amount of damage caused, and any provocation should be considered?
That two players off the ball picking another up and driving him with force into the ground causing permanent damage should be punished with the same ban as another clumsy attempt at a legal tackle that had posed little real threat to the player?

You as a mod ( given recent events) should know as well as anyone its not always that simple and you have to weigh up a number of factors including context. Black and white rules always have grey areas, and some level of flexibility to apply common sense surely has a place.


If you read the full reports that come with these decisions you can often get a much better insight into the way the decision was reached rather than just reading the New Zeland Herald editorials.


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Post by Biltong Sun 25 Nov 2012, 11:46 pm

Peter my problem is the inconsistencies of example the tip tackles.

Let's take John Smit's tip tackle by Brad Thorn, Thorn got suspended for 1 week, john smit went for surgery on his neck and was out for nine months.

Ioane Was banned for 5 weeks for a tip tackle on Marcelle Coetzee who sustained no injury.
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Post by Peter Seabiscuit Wheeler Sun 25 Nov 2012, 11:56 pm

Yeah but its a bit like robot wars where damage is only one of many criteria considered. Go look at the reports and pull and lets see if there is real inconsitsncy in the application of all these and how extreme it is.
A lot of decisions seem baffleing if you only look at one part of the case.

Its quite possible that Thorn ate some biscuits during the hearing or something like that.

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Post by blackcanelion Mon 26 Nov 2012, 4:27 am

I think you guys have hit the nail on the head. the problem is to many missed citings, or low punishments. It doesn't matter which nation you support. Everyone has stories of non citings or short bans.

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Post by kiakahaaotearoa Mon 26 Nov 2012, 5:56 am

The time you take bans is an issue for me. Frankly, if the incident occurs in test rugby, then it shouldn't be six weeks from the incident. It should be six tests for example. If Andrew Hore gets suspended for example now for three months say, it's not going to affect his test rugby a great deal.

If a rugby player gets a test suspension and still plays club rugby and gets another ban then it should be a heavier penalty. There should be a minimum time for all players then don't add on weeks for good conduct. Not taking it off the minimum. There should never be a one week ruling. Any offence should require at least a minimum of two weeks and then judge the case and the player from there.

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Post by bedfordwelsh Mon 26 Nov 2012, 6:12 am

I certainly think the 4th official should be able to advise the ref on off the ball incidents of foul play.
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Post by aucklandlaurie Mon 26 Nov 2012, 7:49 am


I dont think the parent organisation of rugby the IRB, should have a C.E.O who after discussions with the English media, then makes a decision as to which judicial decision are appealed, in accordance with aforementioned discussions.

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Post by One-eye Mon 26 Nov 2012, 10:55 am

aucklandlaurie wrote:
I dont think the parent organisation of rugby the IRB, should have a C.E.O who after discussions with the English media, then makes a decision as to which judicial decision are appealed, in accordance with aforementioned discussions.

I agree that the media should not influence the disciplinery process. However the one week ban that Thompson originally recieved was ridiculous, even two weeks seemed leniant.

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Post by goneagain Mon 26 Nov 2012, 11:05 am

I think the NRL and AFL have good systems(or they did 10 years ago when I lived there) Every game is reviewed and any incidents referred to the citing panel. as was said eralier NRL has categories of offences with set penalties. When players go in front of the panel if they plead not guilty but are found guilty the ban is increased.

I think the IRB should appoint a panel of ex-players to judge the offences. With the same panel reviewing each incident which would hopefully give some consistency.







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Post by ultra Mon 26 Nov 2012, 11:12 am

The problem is exaseb....exsasc.....made worse by the growing amount of citings for near nothing incidents. Good tackles that are borderline tip, hand offs that suddenly become, 'eye-area' gouging, the SA second rower daring to put his hand somewhere it shouldn't have been etc etc...These citings are increasingly becoming weapons used by the opposition and/or the media to undermine and ruffle past and future opponents.
However when you see an incident like Horan's that would of, in days gone by, have gone unpunished, then you realise why they're there. I wouldn't want to be part of the process however...too many people to please!

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Post by HammerofThunor Mon 26 Nov 2012, 12:11 pm

kiakahaaotearoa wrote:If a rugby player gets a test suspension and still plays club rugby and gets another ban then it should be a heavier penalty. There should be a minimum time for all players then don't add on weeks for good conduct. Not taking it off the minimum. There should never be a one week ruling. Any offence should require at least a minimum of two weeks and then judge the case and the player from there.

Why two weeks? That seems rather arbritary. Also regarding the minimum, I don't really see the point. Currently I think it's a maximum of 50% reduction due to mitigating circumastances. If you wanted to drop this and start from the minimum then it would just see a re-hash of entry points to minimums so the bans stay the same. It seems a sematic argument rather than a real one. I'm not sure if the maximum of 50% off is an RFU thing or an IRB thing. But the slight tweek they need there is to include a minimum reduction in the regulations.

Agree over the time served ragarding off-periods, etc. Regarding citing panels being independant, if anyone seriously thinks that an official from country A will come down harsher on a player from country B because they a) beat team A recently or b) are due to play team A, then there really is no hope for international rugby and we might as well knock it on the head now. However, every single citing report should be made available to the general public. The RFU and ERC ones always are and, as Seabiscuit said, generally explain the decision to a degree that I've certainly been happy with. The only one was a bit strange was the Tincu one against the Ospreys. There had been some lying mistaken testimony from Ian Evans and no evidence that Tincu did it. But James had almost certainly been gouged due to the damage to his eye mid-game. So it seemed to have been a "well someone did it and it may have been you, so guilty". Unfortunately most people seem to go off the newspaper headlines and articles that deliberately twist the facts to make more money. They're usually slightly wrong, often completely off the mark.

Things are exaseb....exsasc.....made worse by people's referrals to non-existant minimum bans and things like eye-gouging rather than contact with the eye area. Most cases of contact with the eye area are cited and investigated. If it's deemed that someone deliberately put their hand in someone's face and accidentally made contact with the eye area they will be banned. And rightly so, people have been blinded by 'accidents' like this. If you want to put your hand in someone's face (why, I don't know) then expect to take the consequences if you accidentally poke someone in the eye.

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Post by kiakahaaotearoa Mon 26 Nov 2012, 4:22 pm

My point is Hammer if the action is deemed serious enough to go to the judiciary and a player is found guilty, regardless of the offence, one week seems ridiculous. Football does many things wrong but my understanding that if you get sent off you get a 2 match ban and if you get two yellow cards in successive games you get a 1 week ban. That should be the case in rugby as well because deeming a red or yellow card punishment enough may not serve as much of a deterrent.

Let's say someone clocks somebody. A punch or a head high tackle or a swinging arm in a ruck. The ref doesn't see it and it goes unpunished. That's at the low end of the scale but should deserve 2 weeks like if the player had received a red card. Then let's say this player has done this kind of action before. Double the penalty and he gets 4 matches as opposed to 4 weeks.

Then there's the more serious stuff. Stamping, gouging, tip tackles etc. A minimum period for each incident regardless of the previous good behaviour of the player. If he can potentially take an eye out or break somebody's neck, who cares if he's been a saint before. The key is he endangered the safety of a player and that is unacceptable. His previous record is irrelevant in my view. The added penalty goes on if the victim's health has been compromised or whether the player has committed similar offences before. What I mean by a minimum is that each player can't reduce a sentence for these dangerous acts based on previous conduct.

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Post by GunsGerms Mon 26 Nov 2012, 4:25 pm

I think AB's should have to do polygraph tests in citing hearings. That way "it was an Accident" couldnt be used as a means of getting reduced bans every time an AB is cited.

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Post by Pete C (Kiwireddevil) Mon 26 Nov 2012, 4:36 pm

GunsGerms wrote:I think AB's should have to do polygraph tests in citing hearings. That way "it was an Accident" couldnt be used as a means of getting reduced bans every time an AB any player is cited.

Fixed that for you Wink Run
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Post by majesticimperialman Mon 26 Nov 2012, 4:50 pm

bedfordwelsh wrote:I certainly think the 4th official should be able to advise the ref on off the ball incidents of foul play.


+1

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Post by HammerofThunor Mon 26 Nov 2012, 6:21 pm

kiakahaaotearoa wrote:My point is Hammer if the action is deemed serious enough to go to the judiciary and a player is found guilty, regardless of the offence, one week seems ridiculous. Football does many things wrong but my understanding that if you get sent off you get a 2 match ban and if you get two yellow cards in successive games you get a 1 week ban. That should be the case in rugby as well because deeming a red or yellow card punishment enough may not serve as much of a deterrent.

Let's say someone clocks somebody. A punch or a head high tackle or a swinging arm in a ruck. The ref doesn't see it and it goes unpunished. That's at the low end of the scale but should deserve 2 weeks like if the player had received a red card. Then let's say this player has done this kind of action before. Double the penalty and he gets 4 matches as opposed to 4 weeks.

Then there's the more serious stuff. Stamping, gouging, tip tackles etc. A minimum period for each incident regardless of the previous good behaviour of the player. If he can potentially take an eye out or break somebody's neck, who cares if he's been a saint before. The key is he endangered the safety of a player and that is unacceptable. His previous record is irrelevant in my view. The added penalty goes on if the victim's health has been compromised or whether the player has committed similar offences before. What I mean by a minimum is that each player can't reduce a sentence for these dangerous acts based on previous conduct.

thumbsup

Yellow cards are different in football. On their own they have no effect on a player at all, hence the need for some sort of punishment for repeat behavior. In rugby the 10 minutes is punishment for the player and team. Is a repeat yellow punishment needed? I know the RFU have got one (3 yellows got Ashton banned) but I think this is new this season. I don't really care what the minimum ban is or whether you go up from a minimum or down from an entry point. Same thing as I see it.

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Post by englandglory4ever Mon 26 Nov 2012, 6:30 pm

Sanctions for acts of foul play should not be too dependent on the severity of injury caused or sustained. Tip tackles and taking a jumper out before he has landed both have potential to cause very serious injuries indeed. Hence the laws against them.

My pet hate is when a player retaliates against a player. He often receives the same sending off and a similar sentence. I know its horses for courses but sometimes I think the player who retaliates is harshly dealt with and should be allowed to continue playing.

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Post by gregortree Mon 26 Nov 2012, 6:42 pm

I think the spelling is where I would start.

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Post by blackcanelion Mon 26 Nov 2012, 7:52 pm

sorry, i struggle with a mild for of dyslexia.

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Post by gregortree Mon 26 Nov 2012, 7:56 pm

Sorry Canelion

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Post by AlastairW Mon 26 Nov 2012, 8:12 pm

aucklandlaurie wrote:
I dont think the parent organisation of rugby the IRB, should have a C.E.O who after discussions with the English media, then makes a decision as to which judicial decision are appealed, in accordance with aforementioned discussions.

No media of any stripe should be involved in at any level in decision making full stop. Most British (English media compared to British is insignificant when it comes to holding sway over any decisions), Australian (which owns too much of British media) and NZ journo's are short termist hacks at best, and completely detrimental for the game at worst.

As Bilt has already stated we need consistency. The variation in punitive measures for almost identical incidents is bit beyond the pale.

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Post by anotherworldofpain Mon 26 Nov 2012, 10:07 pm

This is another example of the difference between the NH and SH set ups. (I'm sorry but it is). The NH/6N judiciary is a distinct thing from the SANZAR/SH judiciary and there are inconsistencies across the two, with the NH being harsher and the SH more lenient. It would go a long way towards consistency if a full time, global, professional judiciary was set up who reviewed and ruled on everything and were accountable to the individual national unions collectively, via the IRB appeal process, in the event of a dispute.

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Post by Peter Seabiscuit Wheeler Mon 26 Nov 2012, 10:16 pm

AWOP, to make it worse every competition has its own set up. I forget the exact details but didnt the FRU refuse to recognise the ERC ban on Tincu? Regardless of the rights or wrongs of the initial decision it shows what farce the situation can lead to.
I think your suggestion is quite sensible...but so much politics and power involved.

Are you thinking of applying for the job since they turned down your application for mod here?

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Post by anotherworldofpain Mon 26 Nov 2012, 11:13 pm

Another thing I'd like to see is for bans accrued in international games to be applicable to international games.

If Hore cops an 8 match ban, then 7 will be (not) played out for the Highlanders, rather than the All Blacks.

Why should the 6N judiciary preside over a tournament they have no connection with? Whilst Greyling and Higganbotham will be free to turn out for their clubs despite having committed arguably comparable acts of indiscipline simply because they infringed during the more leniently policed RC tournament?

It's a complete mess.

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Post by HammerofThunor Tue 27 Nov 2012, 12:36 pm

Peter Seabiscuit Wheeler wrote:AWOP, to make it worse every competition has its own set up. I forget the exact details but didnt the FRU refuse to recognise the ERC ban on Tincu? Regardless of the rights or wrongs of the initial decision it shows what farce the situation can lead to.
I think your suggestion is quite sensible...but so much politics and power involved.

Are you thinking of applying for the job since they turned down your application for mod here?

Perpignan said they were going to play him as the decision and evidence was nowhere near sufficient for the French legal system (or something like that). I think the threat of being kicked out of any IRB sanctioned competition made they change their mind.

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Post by maestegmafia Tue 27 Nov 2012, 12:57 pm

I am amazed that neither touch judges saw Hore hit Brad Davies? It was a decent way from the ball.

The touch judges are microphoned to the ref, so is the TMO. It wouldn't hurt the game for the TMO to be able to stop the ref at a convenient instant as a touch judge can, to intervene where absolutely necessary.

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Post by fa0019 Tue 27 Nov 2012, 1:01 pm

I heard Hore can also use the 3 friendly matches the Highlanders are due to play before the SR season begins so if he gets 8 matches only 5 from the start of the SR season.

Happened to Greyling and his 2 match ban. Used 1 for Bulls (Currie Cup) and 1 for boks...even though we would never have been used for the bulls whilst away with the boks.


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Post by Pete C (Kiwireddevil) Tue 27 Nov 2012, 1:21 pm

fa0019 wrote:I heard Hore can also use the 3 friendly matches the Highlanders are due to play before the SR season begins so if he gets 8 matches only 5 from the start of the SR season.

Happened to Greyling and his 2 match ban. Used 1 for Bulls (Currie Cup) and 1 for boks...even though we would never have been used for the bulls whilst away with the boks.


Sadly the ban will be in weeks not matches - so unless they really throw the book it'll be effectively one match.

I commented about how ridiculous this was in the Mark Cueto contact-with-eye-area ban a couple of years back, and I'm disappointed the IRB didn't do anything about this in the meantime.

There's a lot to be learned from the NRL judiciary system - each class of offence has 5 grades of severity, with points allocated to each grade. The number of points you accumulate decides how long a ban lasts.
http://www.nrl.com/nrlhq/referencecentre/judiciary/tabid/10435/default.aspx

To ensure consistency and fairness in penalties awarded by the NRL Judiciary, penalties are awarded according to a pre-determined points system. Each 100 points received by a player will result in a one match suspension. For example, a penalty of 275 points will result in a player receiving a two-match suspension, with the remaining 75 points staying on the player’s record for 12 calendar months as ‘carry-over points’.

Following the end of each round, clubs and media are advised of details of charges laid by the Match Review Committee. Clubs have until noon on the following day to enter a plea on charges.

If the club and player plead guilty, no judiciary hearing is necessary. If the player and his club plead not guilty or ask that the ‘grading’ of the charge be downgraded, he will be required to put his case to the judiciary.

If a player has played grade football for seven years or more and has not been convicted of an offence in the seven years preceding the charge, the player is entitled to a reduction equivalent to 25 per cent of the base penalty.

...

If the player enters an early plea to the offence and accepts the grading, the player is entitled to a reduction of 25 per cent of the base penalty and also a similar reduction in any increases due to other previous offences. A player can enter an early plea up until midday on the day following the charge.

...

Alternatively, the player may prefer to have the charge heard by the panel by either entering a not guilty plea or a guilty plea but dispute the grading. If found guilty at the subsequent hearing, the player receives no reduction unless the panel reduces the grading. If the player pleads guilty but disputes the grading and the panel does reduce the grading, the player also receives the benefit of the early plea discount.

...

If the player has been convicted of the same or similar offence in the two-year period immediately preceding the incident, the player is liable to an increase equivalent to 50 per cent of the base penalty for each previous offence. The exception to this rule is Grade 1 offences where the player will only carry the loading for a 12-month period.

...

Further, if the player has been previously convicted of an offence other than the same offence in the two-year period immediately preceding the incident, the player is liable to an increase equivalent to 20 per cent of the base penalty for each previous offence. If the player has been convicted of the same or similar offence in the two-year period immediately preceding the incident, the player is liable to an increase equivalent to 50 per cent of the base penalty for each previous offence. The exception to this rule is Grade 1 offences where the player will only carry the loading for a 12-month period.

...

Note when reading the charge sheet, the carry-over points are always added to the penalty points to determine the penalty to be served. i.e. John White’s early plea result would be 286 + 62 = 348. A player’s carryover points will be progressively reduced by five points for each match he competes in without further charge.

...

In the event a player is sent from the field for misconduct, the player will receive a discount from any resulting charge for that incident. The player will have one point deducted from the charge for each minute of the match he misses due to the send off.



Looking at their High Tackle grade points, Hore would be in line for around 7-9 matches out depending on the grading

Grades below are 1-5 where 5 is most severe
Intentional High Tackle 550 650 750 850 950
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Post by Peter Seabiscuit Wheeler Tue 27 Nov 2012, 1:57 pm

Pete...as pointed out above matches is just as flawed a system.

Fringe player gets banned second game of the 6 nations. His club has a match the next day, and midweek A team fixture. The following weekend is a rest weekend, but his club has a league fixture. His team mate is also banned, but his club is in France so he definately would have had to have been released for the rest weekend.
Or over the summer... he has signed a new contract with an Aussie club. Do we count their games or the international sides summer matches which he may have got slected for or may not? Its the Lions summer...do we count midweek and weekend games?
His contract runs out during the ban and is not renewed, does that mean hes unable to play ever again?
Or using the RAbeni example of a game he wasnt allowed to comepete in do we count chairty fun fixtures? Like the Shane Williams retirement match?
Theres a Barabrians fixture that he had been contracted to play in ....

yadda yadda

Peter Seabiscuit Wheeler

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Post by Pete C (Kiwireddevil) Tue 27 Nov 2012, 3:29 pm

Peter Seabiscuit Wheeler wrote:Pete...as pointed out above matches is just as flawed a system.

Fringe player gets banned second game of the 6 nations. His club has a match the next day, and midweek A team fixture. The following weekend is a rest weekend, but his club has a league fixture. His team mate is also banned, but his club is in France so he definately would have had to have been released for the rest weekend.
Or over the summer... he has signed a new contract with an Aussie club. Do we count their games or the international sides summer matches which he may have got slected for or may not? Its the Lions summer...do we count midweek and weekend games?
His contract runs out during the ban and is not renewed, does that mean hes unable to play ever again?
Or using the RAbeni example of a game he wasnt allowed to comepete in do we count chairty fun fixtures? Like the Shane Williams retirement match?
Theres a Barabrians fixture that he had been contracted to play in ....

yadda yadda

Admittedly that system works better in the NRL, where there's a fixed number of matches per season (IIRC warm ups don't count, though internationals do). I do vaguely remember a case where a player came out of retirement for a new club and had to serve his 2 game ban incurred in his final pre-retirement match though.

As a general rule though you could either set the rules so that "A" team matches/warm ups don't count, or are discounted in value vs Senior ones. And any extra benefit/loan matches contracted for prior to the citing are included, meaning you can't sign a Japanese (for example) Claytons' contract to "work out" a ban over an off-season.

You could also tweak it to have lower level bans (under 2 games say) only apply at the level they were earned - IMO if you've done something seriously violent you deserve to be out at all levels.

Even more simply, just make it so you can only serve a maximum of 1 match out every 5 or 6 days. Seldom do players get asked to back up more often than that.

More importantly I think the grading system for offences becomes a real boost for consistency.
Pete C (Kiwireddevil)
Pete C (Kiwireddevil)

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Post by Peter Seabiscuit Wheeler Tue 27 Nov 2012, 3:32 pm

Possibly "number of weeks or number of scheduled matches ..whichever is greater" with some complex system for deciding what competitions are included.

The current bans are total rugby bans, including non competitive and sevens rugby. I guess you could go play league for a bit if you really wanted to.

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