Case Number:

ON/1091/24

Kyle Kesik #9, Keighley

Competition:

League One

Match:

Keighley Cougars v Rochdale Hornets

Match Date:

2024-07-07

Incident:

Head Contact

Decision:

Charge

Charge Detail:

Law 15.1 (b)

Head Contact

Grade E

Fine:

£112.50

Sanctions:

3-5

Decision On Charge

Player plea:

Not Guilty

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

Following a Match Review Panel meeting held on 11th July 2024, you are charged with misconduct for a breach of Law 15.1(b) during the above match.

The Panel reviewed an incident which occurred at 13 07 footage time of the above match. In the Panel’s opinion you have contacted your opponent in the head or neck. The Panel believe your actions were serious misconduct and against the spirit of the game.

In accordance with the RFL’s On Field Sentencing Guidelines, the Panel consider that such offence is a Grade E offence – Head Contact.

The normal suspension range for such offence is 3 to 5 matches.

• Match Review Panel reviewed an incident in the above match.
• The match referee temporarily dismissed Mr Kesik from the field of play.
• The report stated that “In the 10th minute of the game following a play the ball around 20 metres from the Rochdale try line, Rochdale ball carrier Mr Luke Nelmes took the ball forwards towards the Keighley defensive line. Keighley number 9 Mr Kyle Kesik proceeded to make direct and high contact to the head of Mr Nelmes as he lost significant height in the tackle. I separated the players from both teams and explained to Mr Kesik and his captain Mr Ellis Robson that the tackle was high with direct contact, but the mitigating factor was the loss in height of the ball carrier due to another defender tackling Mr Nelmes’ legs. I therefore temporarily dismissed Mr Kesik from the field of play.”
• The MRP accept the footage does not show the point of contact however given the aftermath, have no reason to dispute the version of events given by the referee.
• The incident led to the ball carrier leaving the field of play and not returning. Subsequent information confirms that the opponent failed his Head Injury Assessment.
• The Match Review Panel deemed this to be forceful and dangerous and that this was high level of force and danger. For a contact to the head with high level of force and danger, the entry grading the Match Review Panel submit is a Grade D charge.
• The Match Review Panel do not believe that there were any mitigating factors at play with regards this incident.
• The aggravating factors are:
- Tackler makes no definite attempt to change height to avoid the ball carrier’s head.
- The trajectory of the tackler’s shoulder/arm is always going towards the ball carrier’s head.
- Ball carrier fails HIA.
• The Match Review Panel believe that the aggravating factors are sufficient to move this to a Grade E charge.

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

Player in attendance alongside Steve Watkinson (CEO). Player pleads Not Guilty.

KK talked the panel through the incident. He explained that opponent was taller than him and that he had made contact with the ball as the opponent carried it towards the defensive line.

His teammates did not agree with the decision and none of the opposing team ran it and objected to the tackle. The opponent had no blood on his face following the contact and contact was not forceful. KK felt that the opponent may have banged his head of the floor as he went to ground. He was sure he did not make contact with the opponent’s head.

SW felt that the footage was not clear and that the view was obstructed by a teammate.

KK added that the Touch Judge did not come on to the pitch following the tackle and that he was surprised when he found out he had been charged. He felt the sin-binning he suffered following the tackle would be sufficient punishment.

Decision:

Guilty

Reasons for Decision:

The Tribunal have reviewed the footage and listened to the submissions made from both the Compliance Manager and from the player and his club.

They remind themselves in relation to the relevant burden and standard of proof. The Compliance Manager – on behalf of the Match Review Panel – bears the burden of proof and has to establish that the on-field misconduct has occurred to the reasonable satisfaction of the Tribunal. Bearing in mind the seriousness of the allegation, the standard of proof is greater than a mere balance of probability, but less that proof beyond reasonable doubt.

The Tribunal have come to the conclusion that the Referee had a very good view of what happened and he was in no doubt that the player made direct contact to the head of the opponent in the tackle. This contact resulted in the opponent suffering a head injury.

Decision On Sanction (where found to have committed Misconduct)

Summary of CM's submissions on the appropriate sanction:

The MRP graded this incident at Grade E and believe any suspension should be in the middle of that range.

Summary of Player's submissions on the appropriate sanction:

SW added the club felt the contact which caused the injury to the opponent came from his head making contact with the ground.

Reasons for Decision:

The Tribunal accept the submissions of the Match Review Panel and in agreement that this is a Grade E charge.

There was no significant loss of heigh from the opponent and following the incident he failed his HIA and was unable to return to the pitch.

Taking into account the players pleas and previous disciplinary record the panel agree they’ll be a 4-match suspension for the player. He will also be fined £112.50/

Suspension:

4 matches