Case Number:

ON/1299/23

Brad Gallagher #12, Newcastle

Competition:

Championship

Match:

Newcastle Thunder v Swinton Lions

Match Date:

2023-07-29

Incident:

Unacceptable Language

Decision:

Charge

Charge Detail:

Law 15.1 (f)

Verbal abuse based on race, colour, religion, gender, sexual preference, disability, national or ethnic origin or any other form of Unacceptable Behaviour or Language.

Grade F

Fine:

£500

Sanctions:

6+

Decision On Charge

Player plea:

Guilty

Summary of CM's submissions on the Charge / evidence:

Following a Match Review Panel meeting held on 3rd August 2023, you are charged with misconduct for a breach of Law 15.1(f) during the above match.

The Panel reviewed an incident which occurred at 45 00 footage time of the above match. The Match Officials report states the following “I was the reserve referee for this match. Newcastle number 12 Brad Gallagher (BG) and Swinton number 11 Rhodri Lloyd (RL) had been temporarily dismissed by referee Matt Rossleigh. Once they were off the field, I heard BG shout to RL "You Welsh c***!" The incident was shortly before half time. I therefore reported it to Matt Rossleigh at half time. He advised me to submit a report to the RFL.” The Panel believe your actions were unnecessary and are against the true spirit of the game.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade F offence – Verbal abuse based on race, colour, religion, gender, sexual preference, disability, national or ethnic origin or any other form of Unacceptable Behaviour or Language.

The normal suspension range for such offence is 6 matches plus.

• The Match Review Panel reviewed an incident which occurred at approximately 45:00 SharePoint footage time of the above match.
• Sam Houghton was the Reserve Referee and heard the alleged comments. Match Official’s Report states the following; “I was the reserve referee for this match. Newcastle number 12 Brad Gallagher (BG) and Swinton number 11 Rhodri Lloyd (RL) had been temporarily dismissed by referee Matt Rossleigh. Once they were off the field, I heard BG shout to RL "You Welsh c***!" The incident was shortly before half time. I therefore reported it to Matt Rossleigh at half time. He advised me to submit a report to the RFL.”
• The Match Review Panel felt the Player’s actions were unnecessary and against the true spirit of the game and brings the game into disrepute.
• The language used is derogatory and negative - term of abuse and disparagement towards people from Wales and squarely falls under RFL’s definition of Unacceptable Language (nationality/national origin).
• Rhodri Lloyd is a Welsh name and he was born in and started playing professionally in Wales. He has represented his country internationally.
• In accordance with the RFL’s On Field Sentencing Guidelines, the Panel considered that such offence is a Grade F offence in breach of Law 15.1(f) – Verbal abuse based on race, colour, religion, gender, sexual preference, disability, national or ethnic origin or any other form of Unacceptable Behaviour or Language.
• Unacceptable Language further defined in Operational Rules as:
means any comments, threats, chanting, discrimination (direct or indirect), harassment, bullying, victimisation, or incitement to hatred or abuse or any other action (implied, intended, or unintended) which targets individuals or groups on the grounds of: age, colour, ethnic origin, disability (including physical, sensory, cognitive, intellectual, mental illness or some chronic disease), gender identity, gender reassignment, marital or civil partner status, nationality or national origin political persuasion, pregnancy and maternity, religion or belief, sex, sexual orientation, socio economic background or is otherwise in breach of the Respect Policy, Tackle It or the RFL’s Equity Statement.
• Zero Tolerance approach of RFL towards such cases. Harsh sanctions with no exceptions.
• Pursuant to Zero Tolerance, no tolerance of non-English identities being abused for not being English in Rugby League. Nationality is also covered in the definition of Race as a Protected Characteristic in the Equality Act 2010.
• The full definition of ULAB was in the mandatory online education this year.
• The normal suspension range for such offence is 6+ matches period of suspension.
• Verbal abuse based on nationality is unacceptable and has no place in the sport of Rugby League or society.
• The Panel had no option other than to issue a Grade F charge.
• Education to form part of any sanction imposed.

Summary of Player's submissions on the Charge / evidence:

Player in attendance alongside Jordan Robinson (General Manager). Player pleads Guilty to the charge.

BG addressed the Tribunal. He insisted he was not racist and there was no malice or offence meant to have been caused by his comments.

He had played the game since he was 4-years old and throughout his career has received similar verbal abuse from opponents whilst playing and did not realise the seriousness. He would be willing to improve his knowledge by receiving further education on the subject.

JR explained the club would support the player. They would also look to widen the education throughout the club and would work with the RFL on this.

Decision:

Guilty plea

Decision On Sanction (where found to have committed Misconduct)

Reasons for Decision:

The RFL has a zero tolerance towards offences of abuse based on origin.

Such offences have no place in the sport and those found to be guilty of the commission of such offences should understand that significant sanction will naturally follow.

The Tribunal agree that the statement provided by the player clearly shows his remorse and in their view this was not intended to be an insult based entirely on race or nationality and it may be that the use of the word c*** was the most damaging word used. However, the statement didn’t end there and the Tribunal were impressed with the fact that the player recognised that this is something he should be educated about.

The charge has been graded at Grade F. The Tribunal are in agreement with that grading. Suspensions for offences at this grade begin at 6-matches – that is not of course the limit. However, given the plea of guilty, the obvious remorse and the thought given to the events as set out in the players prepared statement, the Tribunal does not feel that it would be suitable to go above 6-matches.

Therefore 6-matches, diversity education and a fine of £500 – as set out in the rules for cases at Grade F are appropriate.

Suspension:

6 matches