The misconduct complaint was that Mr Gajan made a number of comments to media representatives in which he brought into disrepute ERC, the tournament, the match officials and/or the sport of rugby union.
The independent Disciplinary Committee was made up of Antony Davis (England, Chairman), Jean-Noël Couraud (France) and Pat Barriscale (Ireland).
Mr Gajan, who pleaded not guilty to the misconduct complaint, and his lawyer, Paul Mauriac, gave evidence and made their submissions to the Committee by telephone.
After considering the evidence and hearing submissions on behalf of Mr Gajan and on behalf of Roger O'Connor, ERC's Disciplinary Officer, the independent Disciplinary Committee found that Mr Gajan was guilty of misconduct in that he had been inappropriately critical of ERC, the tournament, the match officials and the sport of rugby union, and imposed a fine of €12,500.
However, the Committee decided that €7,500 of the €12,500 would be suspended until 30 June 2012, and would be payable only if Mr Gajan is found guilty of further acts of misconduct arising from ERC tournaments before that date.
The Committee concluded that Mr Gajan's comments to media representatives were contrary to the 2010/11 Amlin Challenge Cup Participation Agreement, and it commented that in the future, the appropriate channels should be used for any communication regarding ERC's tournaments.
a) The independent Disciplinary Committees are chosen by the Chairman of the independent Disciplinary Panel, Professor Lorne Crerar
b) For the first time, a three-person independent Disciplinary Committee included one representative of the country of the party against whom the charge had been made
c) ERC Disciplinary Officer, Roger O'Connor, presents the cases against the club / individual
d) Both parties to the hearing (ERC and the club / individual) have the right to appeal decisions of the independent Disciplinary Committee. Appeals must be lodged within three working days of receiving the full written decision from the Chairman of the independent Disciplinary Committee
e) The full written decision of the independent Disciplinary Committee will be available on http://www.ercrugby.com/disciplinenews when the disciplinary process is completed.