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FA reject unfair dismissal appeal from NUFC for Cheik Tiote


Crumpy Gunt
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wouldn't it have been better to appeal just before the derby? As I thought that he could still play until the desision of the appeal is made, and the ban would effectively be put on hold until the come to a decision?

 

Although i'm probably just dreaming this up to be fair.

 

Doesn't work like that any more.

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wouldn't it have been better to appeal just before the derby? As I thought that he could still play until the desision of the appeal is made, and the ban would effectively be put on hold until the come to a decision?

 

Although i'm probably just dreaming this up to be fair.

 

I think they changed it to stop that, we did it with Nobby once I seem to remember.

You have to notify them of your intent to appeal within 48 hours I think it is.

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http://www.thefa.com/TheFA/~/media/48069C5515B944F29C1FC1F9E4138728.ashx/SectionsABC_FAHandbook.pdf

5. CLAIMS OF WRONGFUL DISMISSAL

(a) A Player and his Club may seek to limit the disciplinary consequences of the dismissal

of a Player from the Field of Play by demonstrating to The Association that the

dismissal was wrongful.

(b) A claim of wrongful dismissal may be lodged only for on-fi eld offences which result in

a sending off, except for two cautions leading to a dismissal.

© The Regulatory Commission that considers a claim of wrongful dismissal is concerned

with only the question of whether any sanction of a suspension from play is one which

should be imposed in view of the facts of the case. This role is not to usurp the role of

the Referee and the dismissal from the Field of Play will remain on the record of the

Club and the Player, will remain the subject of the administration fee and will accrue

the appropriate number of penalty points for a fi rst team sending off.

 

DISCIPLINARY PROCEDURES

(d) The Club on behalf of the Player must, by 1pm on the next working day following the

game, notify The Association in writing (by fax or e-mail - Fax 0844 980 0626 or e-mail

[email protected]) of their intention to submit a claim. The claim will NOT

proceed if this deadline is not met. The evidence upon which the claim is founded

(which must include a video and/or DVD recording showing the incident from all

available angles), must be submitted by the Player concerned or his Club, together

with the relevant fee, by 1pm on the second working day following the incident. The

relevant fee, to be paid by cheque to The Football Association Limited, for clubs in

each league is as follows:

FA Premier League £1,500

Football League Championship £750

Football League 1 £500

Football League 2 £350

Football Conference National Division £300

Important - forfeiture of fee for late withdrawal of a claim. It should be noted that

where a claim is withdrawn after 5.00pm on the next working day following the game,

any fee that has been submitted to The Association in respect of the claim WILL NOT

be refunded. If the relevant fee has yet to be paid, the claimant will still be required to

pay it to The Association. Failure to pay the fee in these circumstances will result in

disciplinary action against the claimant.

Where a claim is withdrawn before the 5.00pm deadline, if any fee has been

submitted, it will be refunded. If the relevant fee has yet to be paid to The Association

the claimant will not be required to pay it.

(e) The Claim will be determined based on video and/or DVD and written evidence only.

None of the Match Offi cials nor the Club or Player are entitled to be present or

represented at the Regulatory Commission.

(f) Players and Clubs should note that the time limits set out above are strict. Only

complete claims submitted before the relevant deadlines will be considered by The

Association.

(g) Once the claim is lodged with The Association it will confi rm that the video and/or

DVD shows the incident as reported by the Referee / Assistant Referee and the claim

has conformed with the criteria.

(h) Prior to the commencement of the suspension, a Regulatory Commission will be

convened to decide the matter on any relevant documentary and video and/or DVD

evidence submitted. The following procedures will be used at a Commission unless

the Commission thinks it appropriate to amend them:

The Commission Secretary will produce:

I. (i) The Referee’s report, reports from any other Match Offi cial and any other

evidence supporting the Referee’s action.

(ii) All statements and video and other evidence provided in support of the

claim, including details of the Player ;

II. After considering the evidence, the Commission will decide whether the claim

should be rejected or successful.

III. If the Commission’s decision is to reject the claim, it will, in every case, go on to

consider whether or not the player’s punishment should be increased.

If the Commission considers that the rejected claim had no prospect of success

and / or amounts to an abuse of process, the Commission shall have the

discretion to increase the penalty up to twice the standard punishment set out in

this Memorandum.

 

DISCIPLINARY PROCEDURES

In all other cases, the Player reported by the Referee shall serve the standard

punishment as set out in this Memorandum. In all cases where a claim is rejected

the fee shall be retained.

IV. If the Commission’s decision is that the claim is successful, the standard

punishment set out in the Memorandum is withdrawn and the fee returned. The

dismissal will not be counted for the purposes of paragraph 8(g) below.

The decision shall be conveyed to the Commission Secretary who shall prepare

Minutes of the decision of the Commission and communicate the decision to the

Club that day. The Club must provide the Commission with contact details.

(i) Should a Club have two FTCMs with no, or insuffi cient, working days in between for

the claim for wrongful dismissal to be notifi ed, lodged and heard by a Regulatory

Commission, the following will apply:

I. Where there are no working days between two matches and a Club wishes to

make a claim for wrongful dismissal, the Club shall notify The Association by fax

and e-mail (using the contact details as set out in (d) hereabove) within 24 hours

of the dismissal. If, and only if, this notifi cation is appropriately submitted, the

Player will be eligible to play in the second match. Submission of evidence and

the fee will still be required by 1pm on the second working day as set out in (d)

hereabove.

II. Where there are insuffi cient working days between two matches for a Regulatory

Commission to decide on a claim for wrongful dismissal, the timetable for

notifi cation and submission as set out in (d) hereabove will still apply. However, a

Player will be eligible to play in matches prior to the decision of the Regulatory

Commission, provided the claim for wrongful dismissal has been appropriately

notifi ed.

In respect of these specifi c circumstances, particular attention should be paid to

(h) III. here above, in respect of claims brought which had no prospect of success

or amounted to an abuse of process.

Should a Player play in a match without the appropriate notifi cation having been

lodged as set out hereabove, this shall constitute Misconduct.

(j) As a general guide, the following schedule will apply:

 

Match Day  Notice of Claim    Claim Lodged    Commission

Fri/Sat/Sun      Monday              Tuesday          Thursday

(k) In the event that a Club submits a notifi cation of their intention to claim wrongful

dismissal but fails to complete the claim or withdraws a complete claim prior to it being

considered by a Regulatory Commission, and The Association believes that the

notifi cation or claim of wrongful dismissal had no prospect of success or amounted to

an abuse of process, The Association may issue a charge of misconduct under FA Rule

E3.

(l) The decision of the Regulatory Commission in relation to a claim of wrongful

dismissal is fi nal and binding on all parties and is not subject to appeal.

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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's fucking brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's fucking brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

 

Disagree and agree at the same time. I don't think the rules should punish the best of the best for doing something they are competent at. They should discourage the lesser ability players stay safe though.

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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's fucking brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

 

Disagree and agree at the same time. I don't think the rules should punish the best of the best for doing something they are competent at. They should discourage the lesser ability players stay safe though.

 

I don't think players should be exempt from the rules/common sense just because they're of a better standard...

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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's fucking brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

 

Punish Tiote for being good at his job, let De Jong walk away for being shite at it...mad world.

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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's fucking brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

 

Disagree and agree at the same time. I don't think the rules should punish the best of the best for doing something they are competent at. They should discourage the lesser ability players stay safe though.

 

I don't think players should be exempt from the rules/common sense just because they're of a better standard...

 

Not really making this argument myself, but for the sake of it, should common sense apply to uncommon people..?

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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's fucking brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

 

Punish Tiote for being good at his job, let De Jong walk away for being shite at it...mad world.

 

De Jong's was just as reckless and he should have been sent off too - i fucking hate what happened then, and it's kinda my point. It's just unfortunate it's one of our players. You should get sent off for going in two-footed, off the floor imo.

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What would help make these better for refs to judge is if the FA took some action on the victim if its proven there was no contact.

A lot of the time player reaction is a massive part of refereeing decisions, rolling around screaming and then after the event on video its shows no contact.

Discourage these kind of tackles but also aim to discourage play acting..

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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's f***ing brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

 

Punish Tiote for being good at his job, let De Jong walk away for being s**** at it...mad world.

 

De Jong's was just as reckless and he should have been sent off too - i f***ing hate what happened then, and it's kinda my point. It's just unfortunate it's one of our players. You should get sent off for going in two-footed, off the floor imo.

in what way was tiote's challenge two footed?
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As a Newcastle fan i'm begging it's overturned. As a football fan i kinda hope it isn't. Whether he won the ball or not you shouldn't go in on players like that. Cheick won the ball cos he's fucking brilliant... most players aren't as good as him and, i reckon, over half the time a player goes in like that - they'll get atleast some of the man. It's dangerous. If he was a second (less than, tbh) out of time he'd have snapped the players leg in half.

 

Punish Tiote for being good at his job, let De Jong walk away for being shite at it...mad world.

 

De Jong's was just as reckless and he should have been sent off too - i fucking hate what happened then, and it's kinda my point. It's just unfortunate it's one of our players. You should get sent off for going in two-footed, off the floor imo.

 

You offer a good argument and i'm totally torn on how I feel tbh seeing it from both sides, but as a fan of big tackles and a fan of keeping them in the game, i'd have to say that bad tackles should be punished and good ones highlighted and praised, like Tiote's. If you are late you are punished and if Tiote was late he needs to be punished, he wasn't, won the ball cleanly as you could and still got sent off due to the aggression seen by the ref. The player didn't help, they were diving and play acting all game but really the ref got it wrong and it can easily happen but in fairness and in terms of the sport should be overturned. Tackling is a major part of the game, taking it away and it becomes a puffs game which suits Cronaldo etc...but sometimes men like to play the game and understand tackles can hurt and can injure but if they are done within the spirit of the game, ie to win the ball and not take the player then they've got to stay, Tiote's tackle was such a tackle for me, De Jong's wasn't and what needs changing is the way we punish players afterwards.

 

 

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Both his feet were off the floor.

Yes but only one was leading, the other was tucked under, it was not a two footed tackle, its not a jump if one foot is still on the deck.

Was more like a low flying sidekick lol

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