COUNTY ANTI-DISCRIMINATION
DISCIPLINARY COMMISSION
on behalf of Manchester County Football Associ ati on
A NON-PERSONAL HEARING
of
Mr KYLE WHITE
Cheers FC
THE DECISION AND REASONS OF THE COMMISSION
Warning: This document contains offensive and/or discriminatory language
Manchester FA and Kyle White
Decision & Reasons of The Commission
Content
Page
Paragraphs
Introduction ....................................................................................................................................................................3............................ 1 – 3
The Charge
The Reply
.......................................................................................................................................................................
3............................ 4 – 8
............................................................................................................................................................................
4........................ 9 – 10
The Commission
.....................................................................................................................................................
The Hearing & Evidence
...........................................................................................................................
Previous Disciplinary Record
4..................... 13 – 17
...........................................................................................................
5..................... 18 – 19
.................................................................................................................................................................
6..................... 20 – 22
...........................................................................................................................................................................
6.................................... 23
Our Findings
Mitigation
4..................... 11 – 12
The Sanction
...................................................................................................................................................................
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6..................... 24 – 31
Manchester FA and Kyle White
Decision & Reasons of The Commission
Introduction
1.
On 15 May 2016, Cheers FC (“Cheers”, the “Club”) played a Tameside Football
League home fixture against Kings Head FC (“Kings Head”) – (collectively the
“match”).
2.
The appointed Match Referee, Mr Fintan Jordan, reported that Mr Kyle White,
a Cheers player, said to him, “F**k off you fat Irish c**t”, and he dismissed Mr
White for abusive and racist remark.
3.
After receipt of Mr Jordan’s report, Manchester County Football Association
(“Manchester FA”) sought further clarification from Mr Jordan.
The Charge
4.
On 17 May 2016, Manchester FA charged Mr White with misconduct for a
breach of FA Rule E3 – Improper Conduct (including foul and abusive
language) and further charged that this Improper Conduct was aggravated by a
person’s Ethnic Origin, Colour, Race, Nationality, Faith, Gender, Sexual
Orientation or Disability, contrary to FA Rule E3(2) – (collectively the “Charge”).
5.
It was alleged that Mr White used offensive, abusive and insulting words
towards the match official, which included a reference to nationality within the
meaning of FA Rule E3(2) – an “Aggravated Breach”, and was dismissed from
the field of play. This Charge was in addition to the red card received.
6.
The alleged insulting words said by Mr White towards the match official were
“Fuck off you fat Irish Cunt” and “you already know it you fucking Irish Cunt”.
7.
The relevant sections of FA Rule E3 (p. 112 of the FA Handbook Season 20152016) states:
“(1)
A participant shall at all times act in the best interest 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.
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Manchester FA and Kyle White
(2)
Decision & Reasons of The Commission
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.
…”
8.
Mr White was required to respond to the Charge by 31 May 2016.
The Reply
9.
On 08 June 2016, a “Guilty” plea to the Charge was entered via the online
system and requested the case to be dealt with in his absence by a Disciplinary
Commission at a Correspondence / Non-Personal hearing (the “Reply”).
10.
Mr Peter Slack, the Club Secretary, also submitted an EMail with explanation
and mitigation on behalf of Mr White.
The Commission
11.
The following members were appointed by The Football Association (“The
FA”) to this Disciplinary Commission (“the Commission”, “We/us”) to hear
this case:
Mr Thura KT Win JP (Chairman);
Mr Steve Daniels; and
Mr Michael Grant.
12.
Mr Richard Cooper, the Regulations, Sanctions and Discipline Manager of
Manchester FA, acted as the Secretary to the Commission.
The Hearing & Evidence
13.
We convened at 9.30am on 14 June 2016 via videoconference for this NonPersonal Hearing (the “Hearing”).
14.
We had received and read the bundle of documents from all parties prior to the
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Manchester FA and Kyle White
Decision & Reasons of The Commission
Hearing.
15.
The Match Referee, Mr Fintan Jordan, had reported on 15 May 2016 that:
“In 85th minute, a defending player miscontrols a pass and the ball goes towards his
goalkeeper. The keeper picks up what I did not deem as a back pass. White shouts across
the field of play at me saying ‘what a f***ing bad decision’. I approached the player to
warn him as I already booked him for dissent in the first half. He refused to calm himself
and shouted ‘F**k off you fat Irish c**t’. Having decided to produce a red card for the
abusive and racist remark, the player repeated his comment and I approached his
manager to inform of my decision to dismiss the player for what I deemed abusive and
racist remark.”
16.
In response to Manchester FA seeking clarification, Mr Jordan, stated in an
EMail, dated 16 May 2016, that (we quote the relevant text):
“…His initial words were ‘Fuck off you fat Irish Cunt’
When I asked to confirm his name to ensure it was the same name given as first half
caution, he replied ‘you already know it you fucking Irish Cunt’…
My nationality is Northern Irish.”
17.
On behalf of Mr White, Mr Peter Slack, the Club Secretary, submitted an EMail,
dated 09 June 2016, in which he stated (we quote the relevant text):
“…having known Kyle for a number of years I can say it was out of character for the
way he reacted, I have [spoken] to Kyle he deeply regrets the incident [and] apologises
for his remarks.”
Previous Disciplinary Record
18.
As Mr White had pleaded “Guilty” to the Charge, we sought Mr White’s
previous relevant disciplinary record.
19.
Mr Cooper advised us that Mr White has no previous relevant misconduct
offences. We accepted that this was a good previous record.
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Manchester FA and Kyle White
Decision & Reasons of The Commission
Our Findings
20.
As Mr White had pleaded “Guilty” to the Charge, we would give credit for it.
21.
We noted the two comments reported by Mr Jordan were: “Fuck off you fat Irish
Cunt” and “you already know it you fucking Irish Cunt” (in para 16).
22.
We deemed these comments to be offensive, abusive and insulting, contrary to
FA Rule E3(1), and it included the word “Irish”, which is a reference to a
nationality, contrary to FA Rule E3(2), and therefore an “Aggravated Breach”.
Mitigation
23.
We noted Mr Slack’s submission, on behalf of Mr White, (in para 17) that it was
“out of character for the way [Mr White] reacted” and Mr White “deeply regrets the
incident and apologises for his remarks”.
The Sanction
24.
The relevant sections of FA Rule E3 (p. 112 of the FA Handbook Season 20152016) for sanctions states:
“(3)
Subject to sub-paragraphs E3(4) – E3(6) below –
(i)
Where a Participant commits an Aggravated Breach of Rule E3(1) for the
first time, a Regulatory Commission shall impose an immediate
suspension of at least five matches on that Participant. The Regulatory
Commission may increase this suspension depending on any additional
aggravating factors present.
…
(4)
Where an Aggravated Breach of Rule E3(1) is committed –
(i)
By a Participant for whom a match-based suspension would be
inappropriate due only to that Participant’s particular role in football; or
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Manchester FA and Kyle White
(ii)
Decision & Reasons of The Commission
In writing only; or
(iii) Via the use of any communication device, public communication network
or broadcast media only; or
(iv) By reference only to nationality,
a Regulatory Commission will not be bound to impose an immediate suspension
of at least five matches for a first such breach, or of more than five matches for a
second second or further such breach. Instead the Regulatory Commission may
impose any sanction that it considers appropriate, taking into account any
aggravating or mitigating factors present. For avoidance of doubt and without
limitation, E3(4)(i) shall not apply to a Manager, coach or Player.
…
(8)
A Regulatory Commission may impose a financial penalty or any other sanction
that it considers appropriate in respect of an Aggravated Breach of Rule E3(1)
whether or not it has imposed a suspension in respect of the same breach.
(9)
A Participant who commits an Aggravated Breach of Rule E3(1) will be subject
to an education programme, the details of which will be provided to the
Participant by The Association.”
25.
We noted that this “Aggravated Breach” being by a reference only to
nationality, FA Rule E3(4) would apply and that we were not bound to impose
an immediate suspension of at least five matches for Mr White’s first such
breach.
26.
However, as Mr White had used the comment twice, it would aggravate the
offence. But due to Mr White’s “Guilty” plea and his previous good disciplinary
record, we decided that the appropriate and proportionate sanction would be
an immediate suspension of 5 matches and £75 fine for this “Aggravated
Breach”.
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Manchester FA and Kyle White
27.
Decision & Reasons of The Commission
We reminded ourselves that Mr White was dismissed for use of discriminatory
language as per the “Aggravated Breach” and he had received an automatic 2match suspension and a fine of £25 for the dismissal.
28.
In accordance with paragraph 11.5(i) of the Memorandum of Procedures for Field
Offences 2015-2016 (p397 of The FA Handbook Season 2015-2016), we should
have regard to any punishment imposed under the Memorandum, in this case,
the 2-match suspension and a fine of £25 that Mr White would have already
received for his dismissal by the Referee for the same offence. This paragraph
11.5(i) states:
“A charge of Misconduct (as defined in and) pursuant to Rule E1 of the Rules of The
Football Association may be brought against a player in relation to an incident,
notwithstanding that the same incident has been dealt with pursuant to this
Memorandum. A Disciplinary Commission considering a charge under Rule E1 of The
Football Association in such circumstances, shall have regard to any punishment
imposed under this Memorandum when considering any punishment under paragraph
18 of the Disciplinary Procedures to be used at Personal Hearings before Commissions
requested by Participants of Clubs and Clubs dealt with by the Associations”
(emphasis added).
29.
We agreed that the 2-match suspension and £25 fine from Mr White’s dismissal
would count towards the sanction we would impose for the misconduct Charge
of the same offence before us.
30.
After having pleaded “Guilty” to the Charge, and taking into consideration of
Mr White’s previous good disciplinary record, as well as having regards to the
aforementioned and the Sanction Guidelines, we ordered that Mr White is:
30.1. to serve an immediate suspension until Cheers FC complete 3 (three)
matches in approved domestic Competitions (see paras 24, 26 and 29);
30.2. fined a sum of £50 (fifty pounds), in accordance FA Rule E3(8) (see paras
24, 26 and 29);
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Manchester FA and Kyle White
Decision & Reasons of The Commission
30.3. to satisfactorily complete a mandatory education programme, in
accordance with FA Rule E3(9) (see para 24), within 4 (four) months or
Mr White be suspended until such time he successfully completes the
mandatory education programme, the details of which will be provided
to Mr White;
30.4. Warned as to his future conduct; and
30.5. 5 (five) Club Disciplinary points to be recorded.
31.
The decision is subject to the right of appeal under the relevant FA Rules and
Regulations.
Signed…
Thura KT Win JP (Chairman)
Steve Daniels
Michael Grant
14 June 2016
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