Independent Disputes Committee decision: Scotland

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   An Independent Disputes Committee has found that comments made by Scottish Rugby Union (SRU) representatives in relation to the potential impact of Typhoon Hagibis on Scotland’s Rugby World Cup 2019 Pool A match against Japan constituted misconduct.

The committee was chaired by Christopher Quinlan QC (England), together with Adam Casselden SC (Australia) and Nigel Hampton QC (New Zealand).

Two charges were brought by World Rugby (under Rugby World Cup Limited) in line with the Rugby World Cup 2019 Terms of Participation and World Rugby Regulation 20.2 (Misconduct and Code of Conduct):
Comments made by Mark Dodson in the UK Telegraph newspaper, the BBC Radio 4 Today programme, and at the Scotland team announcement on 11 October 2019
Comments attributed to an SRU spokesperson in the UK Telegraph newspaper on 10 October 2019 and the SRU’s Counsel Nick De Marco QC in the UK The Sun newspaper on 11 October 2019 and the UK Telegraph newspaper on 12 October 2019

World Rugby strongly believed the comments, which suggested an unfair and disorganised treatment of all teams, to be inappropriate and ill-judged at a time when Japan was preparing for the largest and most destructive typhoon in decades.

The international federation believed that such comments brought the game into disrepute, not only in relation to World Rugby’s handling of an extraordinary situation, but also in the message that it sent to the Japanese people.

Having considered all the evidence, including submissions by World Rugby and the SRU, the committee determined in respect of the first charge that comments attributed to Mark Dodson amounted to misconduct and brought the game into disrepute.

In respect of the second charge, the available evidence was insufficient for the committee to be satisfied on the balance of probabilities as to the source of the offending remarks and therefore it dismissed the charge.

Having determined clear misconduct, the committee handed down the following sanction:
The SRU is formally reprimanded for its conduct
The SRU should issue in writing a meaningful apology to World Rugby and RWCL for its misconduct in terms approved by the committee
The SRU is fined the sum of £70,000

The committee also notes that the fine will be donated to the Childfund Pass it Back programme on World Rugby’s instruction, assisting with the ongoing relief effort in areas affected by Typhoon Hagibis.

Prior to its decision, the committee gave the parties ample time to resolve the dispute. World Rugby made an open offer to the SRU which required the SRU to apologise for its conduct and make a donation to the Typhoon disaster relief fund in Japan. The SRU suggested alternative wording which included a mutual expression of regret from both parties, and no apology.

The full written decision can be read here.