Jerome Schuster, the Perpignan prop (No 1), is requested to appear before an independent Disciplinary Hearing on Wednesday, 13 January 2010 as a result of a citing arising from the Heineken Cup Pool 1 Round 4 match against Munster at Stade Aime Giral, on Sunday, 20 December, 2009.
The independent Judicial Officer appointed for the hearing is Professor Lorne Crerar (Scotland).
The citing lodged by the Citing Commissioner for the match, Alan Mansell (England), is for an alleged strike with his head of Munster player Denis Leamy (No 8) in contravention of Law 10.4 (a).
Law 10.4 (a) - A player must not strike an opponent with the fist or arm, including the elbow, shoulder, head or knee(s).
Under the IRB Recommended Sanctions for Offences Committed within the Playing Enclosure, striking with the head carries the following penalties:
Lower End: 4 weeks
Middle Range: 8 weeks
Top End: 12 weeks+
Maximum Sanction: 104 weeks
For a full list of IRB Recommended Sanctions please refer to ercrugby.com by pressing the following link:
i) Citing Commissioner
a) Citing Commissioners will be appointed by ERC for all Heineken Cup and all televised Amlin Challenge Cup matches and shall be entitled to cite a Player for any act or acts of Foul Play that in the Citing Commissioner's opinion warranted a citing.
b) For such matches Clubs will not have the power to cite a player but may refer incidents to the Citing Commissioner within 24 hours of the conclusion of the match.
c) The Citing Commissioner will have 50 hours from the start of the game to make a citing and the determination of the Citing Commissioner will be final and binding. In exceptional circumstances this deadline can be extended.
d) The Disciplinary Officer may forward the submitted Citing to a Citing Officer to determine whether there are sufficient grounds for the citing to progress.
e) The Disciplinary Officer will then bring a charge against the cited player.
(ii) Independent Disciplinary Hearing
a) Citing hearings will be heard by an independent Judicial Officer as soon as is practicable. Until the hearing a cited player is eligible to play in ERC tournaments
b) The independent Judicial Officer is chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar.
c) The ERC Disciplinary Officer, Roger O'Connor, presents the case against the player
d) Both parties to the hearing (ERC and the player) have the right to appeal decisions of the independent Disciplinary Hearing. Appeals must be lodged within 72 hours of receiving the full written decision from the Chairman of the independent Disciplinary Committee
e) The full written decision of the independent Judicial Officer will be available on www.ercrugby.com/disciplinenews when the disciplinary process is complete