Dema Reborn, on 19 December 2014 - 08:16 PM, said:
Don't think your link works Mark as that goes direct to your computer,that's why included it from the FA webpage....
Fair enough Keith, I've managed to cut and paste it
THE FA CHALLENGE CUP
SECOND ROUND PROPER
MILTON KEYNES DONS v CHESTERFIELD
SATURDAY 6 DECEMBER 2014
THE FA CHALLENGE CUP
SUB-COMMITTEE MEETING
HELD AT THE FA OFFICES
WEMBLEY STADIUM, LONDON, HA9 0WS
ON MONDAY 15 DECEMBER 2014
COMMENCING AT 12.00PM
Present: Messrs Andy Ambler (in the Chair), Keith Lamb andJeff Mostyn
Messrs Steve Clark,Chris Darnell representing The FA Competitions Department
Chris Turner, SallySwain, Paul Cook and Graham Bean representing Chesterfield
FC
Purpose of Hearing
To adjudicate on the Second Round Proper tie, Milton KeynesDons v Chesterfield, played at Milton KeynesDons on Saturday 6 December 2014, following a charge issued against Chesterfield in relation to the eligibility of GeorgMargreitter, who played in the tie for Chesterfieldwithout being correctly qualified in accordance with FA Challenge Cup Rule15(j).
In accordance with FA Challenge Cup Competition Rule 16(a),the Professional Game Board shall have the power to call upon a player, and/orthe Club to which he is registered, or for which he played, to prove that theplayer is qualified according to the Competition Rules. Pursuant to Rule 1(d) ofthe Rules of The FA Challenge Cup, and under the provisions of Rule 1(g), theSub Committee has the power to exercise all powers of the Professional GameBoard of The FA in relation to this matter.
In addition, pursuant to Rule 16(b), where an ineligibleplayer plays for a Club in a Competition match, the Professional Game Boardshall remove the Club from the Competition, and may impose further penaltiesagainst the Club.
And subject to Rule 16©, where the Club satisfies theProfessional Game Board that the Club (or any of its officers) did not know andcould not reasonably have known, even had it made every reasonable enquiry(with the exercise of the utmost caution), that the player was ineligible, theClub shall not be removed from the Competition but may still be subject to anyother penalty (e.g. fine, ordered to replay the match).
Having given careful consideration to the submissions of Chesterfield, The FAChallenge Cup SubCommittee made the following findings of fact and on the basisof those findings reached its decision
.
Findings of Fact
1. That Georg Margreitter was named on the Chesterfield TeamSheet and Match Report Form as playing at number 29 in the Second Round Properagainst Milton Keynes Dons on Saturday 6 December 2014.
2. That the matter came to the attention of The FA by phonecall notification from Chesterfieldreceived on Monday 8 December 2014.
3. That Georg Margreitter was on emergency loan to Chesterfield fromWolverhampton Wanderers, for the period of 12 September 2014 to 13 December2014 inclusive.
4. That written permission was given for the player to playin The FA Cup by Wolverhampton Wanderers to Chesterfield via text message on Monday 1December 2014 prior to the 12 noon deadline for the 2nd Rd Proper on Friday 5 December 2014.
5. That a copy of the written permission was not received byThe FA by the 12 noon deadline for the 2nd Rd Proper on Friday 5 December 2014meaning that Georg Margreitter was not correctly registered in accordance withFA Cup Rule 15(j) and was therefore not eligible to play in the tie on Saturday6 December 2014 for Chesterfield.
6. That on Monday 1 December 2014 and Friday 5 December2014, The FA sent a notification by email to all clubs in the Second RoundProper, including Chesterfield, reminding all clubs (in bold, large-fontcapitals) that:
CLUBS MUST ENSURE THAT ALL PLAYERS ARE ELIGIBLE TO PLAY INTHE COMPETITION BY CHECKING THEY ARE NOT UNDER SUSPENSION AND TO MAKE SURE THEYARE CORRECTLY REGISTERED IN ACCORDANCE WITH COMPETITION RULE 15
Decision
1. On the Second Round Proper tie, Milton Keynes Dons v Chesterfield, played at Milton Keynes Dons on Saturday 6December 2014, following a charge issued against Chesterfield,in relation to the eligibility of Georg Margreitter who played in the tie for Chesterfield without beingcorrectly qualified in accordance with FA Challenge Cup Rule 15(j).
2. The Sub-Committee noted that pursuant to FA Challenge CupRule 16(a) they had the power to call upon a player, and/or the Club to whichhe is registered, or for which he played, to prove that the player wasqualified according to the Competition Rules.
In addition, pursuant to Rule 1(d):
“take such action and make such decisions, orders, rulings andimpose such penalties as it deems necessary and following such procedures as itconsiders appropriate and such shall, subject to Rule 31, be final and bindingon all Participants.”
And, additionally pursuant to Rule 1(g):
“in addition to any other action or penalty, theProfessional Game Board shall have the power to disqualify any competing Club,or Player for any competing Club(s), which it determines to have breached theRules of The Association or the Competition Rules (and any rules or regulationsissued pursuant to the Competition Rules), and the decision of the ProfessionalGame Board shall be final and binding.”
And, that this position is reinforced by the provisions ofFA Challenge Cup Rule 16(b): “subject to Rule 16© below, where an ineligibleplayer plays for a Club in a Competition match, the Professional Game Boardshall remove the Club from the Competition, and may impose further penaltiesagainst the Club.”
“however, where the Club satisfies the National Game Boardthat the Club (or any of its officers) did not know and could not reasonablyhave known, even had it made every reasonable enquiry (with the exercise of theutmost caution), that the player was ineligible, the Club shall not be removedfrom the Competition but may still be subject to any other penalty (e.g. fine,ordered to replay the match).
3. The Sub-Committee considered submissions made on behalfof Chesterfield and the grounds of mitigationput forward by Chesterfieldthat included:
a. that Chesterfieldunderstood the rules relating to The FA Challenge Cup Competition and believedthat Georg Margreitter was registered correctly.
b. that, whilst Chesterfieldacknowledged that the rules of the Competition had been
breached, Chesterfieldmade a plea for leniency on the grounds that they saw the
matter as a technical breach as permission had been grantedfor the player to play
from his loaning club but just not submitted to The FA inaccordance with the
Competition Rules.
c. that no deliberate intent to deceive or gain advantagehad been shown by
Chesterfield.
d. that Chesterfieldhad acted before and during the hearing with honesty, integrity and transparencyat all times.
Further to the above, the Sub-Committee concluded that aspermission had been provided by Wolverhampton Wanderers to Chesterfield priorto 12 noon on Friday 5 December 2014 and that because Chesterfield did notdeliberately act in an underhand way so as to circumvent the rules of theCompetition by bringing the matter to the attention of The FA, theSub-Committee decided that Chesterfield should not be removed from theCompetition and ordered the tie to be replayed at Milton Keynes Dons on theearliest available date as directed by The FA.
And, whilst the Sub-Committee were satisfied with theevidence submitted by Chesterfield,the decision to order the tie to be replayed was deemed to be the fairestoutcome in this unique situation in order to protect the integrity of theworld’s oldest and most prestigious cup competition.
4. Furthermore, Chesterfield were made responsible for thecosts of the hearing but no further punishment was awarded as ordering a replaywas deemed sufficient punishment
.
5. The Sub-Committee noted that the decision of theSub-Committee was final and binding on all parties.
The meeting ended at 1.45pm