THE FA DISCIPLINARY COMMISSION. On behalf Lancashire County Football Association Limited. Non personal hearing VIA WEB EX

Transcription

1 THE FA DISCIPLINARY COMMISSION On behalf Lancashire County Football Association Limited Non personal hearing VIA WEB EX Thomas Pinder [777201] THE DECISION AND REASONS OF THE COMMISSION CASE ID: M 13 September 2017 THE COMMISSION 1. Evans Amoah-Nyamekye (Chair) 2. Tony Rock 3. Keith Allen 1

2 SUMMARY OF DECISION After having considered the seriousness of the incident, the mitigating and aggravating factors, the guidelines sanctions under FA Rule E3 and the Disciplinary Sanctions Guidelines issued by the FA, the Commission decided not to increase the sanction from outside the threshold. Accordingly, the Commission imposed a 35 days match suspension and a 75 fine. The Commission also imposed the mandatory order for Mr. Thomas Pinder to undergo a FA Equality Online Education Course to be completed within 4 months which we felt would be particularly appropriate in this case. The reasons for the decision are stated in full below. INTRODUCTION 1. Following an investigation by the Lancashire County FA it was alleged that Thomas Pinder used foul and abusive words in a series of tweets via social media. The tweets were: I women boxers WTF is all that about II Ryan just my opinion boxing is a man s sport III I have nothing against women referees but do women s games and not men s. IV I m not saying that but do it as a women in the women s game V my opinion women stick to the women s game. 2. On 21 August 2017, Lancashire County FA charged Thomas Pinder with misconduct for a breach under FA Rule E3 aggravated by gender. 3. Thomas Pinder acknowledged the misconduct charge on 29 August 2017, Thomas Pinder pleaded guilty to the charge. Thomas Pinder indicated that wished the disciplinary hearing to be dealt with in his absence. 4. The case was presented before a Disciplinary Commission appointed by The Football Association ( The FA ) as a non-personal hearing, via web ex. THE CHARGE 5. Thomas Pinder faced charges of misconduct for breaches of FA Rule E3 aggravated by a person s gender. 2

3 THE PLEA 6. Thomas Pinder acknowledged the misconduct charge on 1 September 2017, Thomas Pinder pleaded guilty to the charge. Thomas Pinder indicated that he wished to the disciplinary hearing to be dealt with in his absence. 3

4 THE FA RULES The applicable FA Rule E3 states: GENERAL BEHAVIOUR 7. E3 (1) A Participant shall at all times act in the best interests of the game and shall not act in any manner which is improper or brings the game into disrepute or use any one, or a combination of, violent conduct, serious foul play, threatening, abusive, indecent or insulting words or behaviour. 8. E3 (2) A breach of Rule E3(1) is an Aggravated Breach where it includes a reference, whether express or implied, to any one or more of the following :- ethnic origin, colour, race, nationality, religion or belief, gender, gender reassignment, sexual orientation or disability. 4

5 THE COMMISSION 9. The following members were appointed to the Disciplinary Commission ( the Commission, We/us ) to hear the case were: i. Evans Amoah-Nyamekye (Chair) ii. Tony Rock iii. Keith Allen THE HEARING 10. We were assisted by the secretary Hayley Mather. In advance of the Hearing we had received and read the bundle of documents including the statement from Thomas Pinder. 5

6 THE MITIGATION 11. The Commission took the view that Thomas Pinder s mitigation fell short of fully acknowledging his wrongdoing. The Commission accepted that his mitigation statement provided sufficient evidence of limited remorse, however the Commission was concerned about the fact he was not only a referee but also purported to be an assessor. 12. The Commission was able to apply weight reflecting the extent of remorse from Thomas Pinder. 13. The Commission did note from his record which included previous for foul and abusive conduct on facebook. 6

7 THE SANCTION 14. The Commission was able to provide Thomas Pinder with credit due to his plea of guilty. 15. Notwithstanding this, the Commission noted that the comments were of such a nature that they warranted penalty; on any interpretation such words should not have been used, especially by a referee. 16. The Commission did take into account the mitigating features of the case, including; i) Thomas Pinder s mitigation statement. ii) Thomas Pinder was not aggressive. iii) Thomas Pinder s guilty plea. 17. The amount of leniency to be given by the Commission was limited due to: The overall nature of the offence; This was an escalation in the disciplinary record of Mr. Thomas Pinder ; The fact that he was a referee. 18. Accordingly, the Commission imposed 35 days match suspension and a 75 fine. 19. The Commission also imposed the mandatory order for Mr. Thomas Pinder to undergo an FA Equality Online Education Course to be completed within 4 months which we felt would be particularly appropriate in this case. 7

8 CONCLUSION 20. This decision is subject to the right of appeal under the relevant FA rules and Regulations. Signed The Commission: THE COMMISSION 1. Evans Amoah-Nyamekye (Chair) 2. Tony Rock 3. Keith Allen 13 September