Previously, clubs had a defence against an FA charge of misconduct by spectators if they could prove the incident complained of was the result of circumstances over which it had no control or had used all due diligence to ensure that its responsibility was discharged.
However, following a change to the rules which was passed in the summer by The FA Council, this defence shall not apply where the misconduct by spectators of that club included a discriminatory reference, whether express or implied.
Should, therefore, a club be charged under FA Rule E20 for discriminatory behaviour of their supporters, a Regulatory Commission will consider a range of factors, for example, the number of supporters involved or the duration of the incident, before determining what, if any, sanction should be imposed.
Should the club establish to the Regulatory Commission’s satisfaction that all incidents complained of were the result of circumstances over which it had no control and/or had used all due diligence to ensure that its said responsibility was discharged, whilst this will no longer be a defence so that a Regulatory Commission will be bound to find that a breach has occurred, the primary focus for sanction would be to consider an action plan and/or operational advice and/or other practical measures as they see fit to be carried out by the club. This will subsequently be monitored by The FA to ensure implementation.
Should a club be found to have breached FA Rule E20 and a Regulatory Commission finds the club had not satisfactorily discharged its said responsibility, then sanctions would be open to the Commission’s discretion.
