Dylan Hartley has already had 54 weeks of bans from rugby. On Wednesday, that number is set to increase.
There is little doubt that the Northampton Saints hooker and England captain will be forced to spend some time on the sideline after his straight-arm connection with the head of Sean O’Brien last Friday.
Hartley was shown a red card by referee Jerome Garces and found no defence for his actions from Saints coach Jim Mallinder. O’Brien was helped from the field and although he did not return from a Head Injury Assessment, Leinster stated that this was due to precautionary measures.
European Professional Club Rugby today confirmed that Hartley had been cited for the incident and the ban criteria may surprise many casual rugby supporters. Since the incident on Friday night, the common thinking was that Hartley was set for the minimum of a six-week ban if found guilty.
World Rugby's minimum recommendation for a swinging arm high tackle: 6 weeks. Time to start of Six Nations: 8 weeks.
— Nick Mullins (@andNickMullins) December 9, 2016
However, the EPCR release says Hartley’s case in London tomorrow will centre around World Rugby Law 10.4 (a) Striking:
‘Under World Rugby’s Sanctions for Foul Play, Law 10.4 (a), Striking a player with a hand, arm or fist carries the following sanction entry points – Low End: 2 weeks; Mid-Range: 5 weeks; Top End: 8 to 52 weeks.’
It is unclear whether or not Hartley will plead guilty or contest the citing but coming clean and apologising usually goes down better in these hearings.
Given that Hartley has been banned on seven previous occasions, for a range of misdemeanours including gouging, elbowing, biting fingers and head-butting, and the damage his hit did to O’Brien, one hopes that low-end is out the window. If not, World Rugby would need to review its laws and suspensions.
Even if Hartley is found guilty of a top-end offence, players have often been able to get a ban reduced by good conduct at a hearing, expressing remorse and by trying to contact the injured party with an apology.
However, as Brian O’Driscoll told SportsJOE, bans and sanctions may mean nothing to Hartley. “When someone has been banned for a seventh time,” he said “I don’t know what you’re supposed to do to prevent him being banned for an eighth time.”