1.1 The RFU, BUCS and the Students’ RFU (SRFU) have a shared responsibility for the development and delivery of higher education rugby in England. Whilst each organisation has a different remit, there is a collective commitment to ensuring that the values of the game are upheld

1.2 This document outlines the partnership approach to dealing with all disciplinary matters related to higher education rugby union in England. The scope of coverage is all rugby union activity that takes place in higher education providers in England. This includes all BUCS, NAMS, LUSL, TRiCSS and any form of intramural activity

1.3 The process of reviewing all disciplinary cases is led by an HE Rugby Union Disciplinary Group that has named membership from each of the 3 partner organisations

1.4 This document will be reviewed on an annual basis by the HE Rugby Union Disciplinary Group

2.1 All players that are ordered off the field of play (or cited) from English Universities and Colleges and/or involved in BUCS Competitions (BUCS leagues and knockouts, LUSL, BUCS Sevens) will be dealt with under RFU Regulation 19 (Discipline). The jurisdiction to deal with these players comes from the fact that the players belong to a University/College that is a member of the Students RFU (SRFU) and/or are a member of a County Constituent Body (CB)

2.2 In addition, BUCS Rugby Union Regulation 1.9 makes it clear that any orderings off are dealt with by the Union to which the club/team is affiliated – irrespective of where geographically the match was played. As such, on-field disciplinary issues involving teams from Wales or Scotland will be dealt with by the WRU/SRU respectively

2.3 Normally all cases related to an ordering off the field will be heard by the discipline panel of the CB in which the University or College is based, unless directed otherwise by the RFU Head of Discipline or for reasons outlined in RFU regulation 19.1.15

2.4 For the purposes of clarity, the discipline process for teams competing in BUCS Super Rugby (BUCS Men’s National League and BUCS Men’s National Championship), BUCS Women’s National League, and BUCS Women’s National Championship, is not delegated to the CB and any cases will be heard by RFU Disciplinary Panels

2.5 Any suspension imposed on the player will have a world-wide application and will cover any rugby matches played either within the University/ College or any Club. Players are provisionally suspended from playing or participating in any match-day activity until their case has been concluded by the Disciplinary/Appeal Panel

2.6 Any appeal to the decision of either a RFU disciplinary panel or CB disciplinary panel will be conducted in accordance with RFU Regulation 19.12 which can be found here. Any appeal must be submitted within 14 days of receiving the written judgement

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) 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

19.11.7) 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 provides a detailed overview of sanctions and respective entry points. All University rugby activity is subject to these sanctions.

Breaches of BUCS Competition Regulations (e.g. fielding an ineligible player) are dealt with under the BUCS Regulations, with options for institutions to appeal a match result based on certain breaches or for an institution to be referred to the BUCS Disciplinary Panel.

5.1 This information is available to all universities directly from each of the 3 partners organisations via their respective webpages

5.2 This information will be communicated directly to appropriate university rugby contacts via the SRFU/RFU University Rugby Updates e-news platform and the appropriate BUCS communications channels

BUCS

Andy Gilvary – Head of Competitions and Performance

Michael Collins – National Performance Manager

Nick Burley – Sport Governance and Compliance Manager

RFU

David Barnes – Head of Discipline

Josh Pieterse – Discipline Case Officer

SRFU

Patrick Craig – Hon. Secretary

Mark Hyndman - Chair