3.1 Misconduct discipline covers any actions that could be considered as bringing the Game/Union/BUCS into disrepute
3.2 In the first instance, regardless of the nature of the offence, the organisation that receives the initial notification of a suspected disciplinary incident will share with all members of the HE Rugby Union Disciplinary Group, who will collectively agree the most appropriate course of action. This will be dealt with on a case-by-case basis
3.3 Depending on the severity of an incident which may be considered as misconduct/bringing the Game/Union/BUCS into disrepute, the HE Rugby Union Disciplinary Group will consider 1 of 3 different routes in the first instance:
3.3.1 A higher education provider might be asked to conduct their own internal investigation in the first instance and provide their findings and recommendations to the HE Rugby Union Disciplinary Group. Examples of such incidents might include (but not limited to) spectator behaviour, pitch invasions, inappropriate social activities.
3.3.2 The RFU has, as per RFU Rule 5.12 (2022-23 Rules final.pdf (englandrugby.com) (https://www.englandrugby.com/governance/rules-and-regulations)the power to discipline any:
(a) Member;
(b) Rugby Body;
(c) non-voting member of the Union;
(d) any player, official, member or employee of a Member or a Rugby Body; or
(e) any other person or body that submits to Union’s jurisdiction to discipline them;
for any infringement of the RFU Rules, the RFU Regulations, the Laws of the Game or the World Rugby Regulations and/or for any conduct which is prejudicial to the interests of the
Union or the Game or which amounts to cheating. The Union may terminate or suspend membership of the Union or impose any other appropriate punishment (see RFU Regulation (https://www.englandrugby.com/dxdam/dc/dc66bb2e-9292-4a13-9d61-d3c261379471/Regulation%2019%20(Jan22).pdf)
19.11.7)(https://www.englandrugby.com/dxdam/dc/dc66bb2e-9292-4a13-9d61-d3c261379471/Regulation%2019%20(Jan22).pdf) for any such offence. See case study 2 for a worked example
3.3.3 BUCS has, as per BUCS Regulation 5 – Misconduct and Bringing BUCS into Disrepute, the power to investigate and bring a Misconduct charge before a BUCS Disciplinary Panel:
Each BUCS member institution and its clubs shall be responsible for ensuring that its student-athletes, officials and all persons purporting to be its supporters or followers conduct themselves in an orderly fashion whilst attending or taking part in BUCS competitions. They shall also be responsible for ensuring that its student-athletes, officials and all persons purporting to be its representatives do not conduct themselves in a way, or print/have published any material, which will bring the company into disrepute, including on social media platforms.
Failure to adhere to this regulation may render the institution and its club(s) liable to a charge of misconduct for failing to fulfil its said responsibilities and an additional charge of bringing BUCS into disrepute. Examples for which BUCS would deem an institution and its clubs liable to a charge of misconduct and/or bringing BUCS into disrepute are:
• Violent, threatening, abusive, obscene or provocative, conduct or language;
• Disregarding requests/instructions of Tournament Directors or appointed officials;
• Encroachment on the playing area by spectators or unauthorised persons, save for reasons of safety;
• Throwing missiles, bottles or other potentially harmful or dangerous objects at, onto or adjacent to the playing area;
• Entering, or attempting to enter the venue of a BUCS competition while in possession of recreational drugs;
• Entering, or attempting to enter the venue of a BUCS competition while in possession of a flare, smoke bomb or firework.
In addition to this, BUCS has the power, under their Articles of Association, to ‘terminate the membership of any organisation or the participation of any Associate whose continued membership or participation is not, in the opinion of the general meeting, conducive to the best interests of the Company.
3.4 For the avoidance of doubt, the actions of one body do not prevent further action being considered by another body. For example, BUCS can consider further action for a breach of BUCS Regulation 5 after the conclusion of any RFU disciplinary process
3.5 Similarly, if after the conclusion of a BUCS or internal University disciplinary process, the RFU head of discipline determines that further action should be considered then further charges may be issued for breaches of rule 5.12
3.6 All sanctions imposed will be recorded and shared as per the below:
3.6.1 University Internal Investigation – recommendations/sanctions recorded internally and shared with HE Rugby Union Disciplinary Group
3.6.2 Any RFU written judgement will be publicly available via RFU website
3.6.3 BUCS – written decision will be shared ONLY with parties involved and members of the HE Rugby Union Disciplinary Group
3.7 Behavioural issues by members of non-English Clubs will be referred to the relevant Union to be dealt with.
3.8 Under RFU Regulation 19 (Discipline), Appendix 2 (https://www.englandrugby.com/dxdam/44/4459fbac-43ba-4358-80a6-b04d87932e06/Regulation%2019%20Appendix%202.pdf)provides a detailed overview of sanctions and respective entry points. All University rugby activity is subject to these sanctions.