The Australian Rugby League Commission (ARLC) and NRL have today announced a new policy that will see players charged with serious crimes subject to a “no-fault stand down” with pay pending the outcome of their legal proceedings.
As a result, Jack de Belin has been stood down indefinitely by the ARLC, while a decision on Dylan Walker is yet to be reached.
The ‘serious crime’ has been defined as an offence that carries a maximum prison sentence of 11 years or more.
Additionally, NRL CEO Todd Greenberg will have discretionary powers to stand down players for other criminal offences, with Beattie saying crimes involving women or children will be particularly scrutinised.
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Both Greenberg and Beattie stressed on multiple occasions that applying the policy was in no way a presumption of guilt for any player stood down.
“I stress that the NRL is making no judgement on the guilt or innocence of the player,” Greenberg said in a press release.
“That is not our role. That is the job of the courts – and it will remain so,” he said.
Greenberg also added he intended to use the discretionary power “sparingly”, and that he personally had to be satisfied of the strength of the allegations and that the reputation of rugby league would be harmed by having that player take the field.
Players will still be permitted to train with their club during the stand down. Contrary to earlier reports, clubs will not automatically receive salary cap relief in the event a player is stood down. However, clubs will be able to apply to the commission for relief.
The decision to implement the new policy was made at this week’s ARLC annual general meeting and made public at a press conference from NRL CEO Todd Greenberg and ARLC chairman Peter Beattie this afternoon.
While players charged with criminal offences have previously been free to play while their cases run their course, a devastating offseason that saw rugby league’s public image damaged by a number of controversies involving high-profile players has seen the ARLC implement this new policy.
Those controversies were headlined by two alleged incidents, one involving Dragons forward Jack de Belin, another involving Manly centre Dylan Walker.
De Belin was charged with aggravated sexual assault, and Walker is currently in court battling charges of common assault related to domestic violence. Both have pleaded not guilty in their respective cases.
De Belin will now be stood down indefinitely with pay under the new policy, while Greenberg told press that a decision on Walker is yet to be reached.
“We have to take a leadership position to protect our game,” Greenberg said.
“And that is what we will do with a change of policy in place.”
It is important to note that the policy only applies if the player is charged by police – not simply if a public accusation is made.
Speaking after all 16 teams were briefed on the new policy, St George CEO Brian Johnston welcomed the approach to player misbehaviour, but made it clear his club will continue to stand by and support de Belin.
“I’m very supportive of the NRL’s desire to improve player behaviour and propagate the game or rugby league,” Johnston said.
“What we’re dealing with is a very complex and polarising subject regarding Jack de Belin.
“But above all we’ve been guided by the legal system, the NRL rules and code of conduct. Above all we are very, very concerned about the welfare of Jack de Belin, that’s our priority at the present stage.
“We’re about to head off now and give consideration to the changes the NRL are making to the rules so we can digest that and clearly understand what it means.”
The Rugby League Players’ Association (RLPA) has come out and opposed the changes, however, arguing they significantly impact on the ability of players to earn an income far more so than people in other professions, and will reportedly support players who choose to pursue legal action against the NRL if they’re stood down.
But Kangaroos coach Mal Meninga told AAP he was happy with the, what were at that stage proposed, changes.
“I’m black and white, particularly when it comes to serious crimes,” he said on Wednesday.
“I understand we have great welfare systems. And I also understand there’s a young lady who has made these allegations, there’s a duty of care to make sure we look after her.”
Leaguesliterarylovechild
Roar Rookie
The NRL is not conducting any investigation in relation to JDB. In fact they have expressly said it is a no fault stand down. The examples you have given all involve the employer assessing whether or not there is any fault whereas the NRL has tried to impose a suspension without any fault. The Federal Court case is not going very well so far for the NRL is it?
Wal
Roar Guru
Like Barnaby Joyce, or any of the following examples where people have been stood down pending investigations https://www.theage.com.au/national/victoria/four-stood-down-amid-leak-investigation-at-state-s-emergency-service-20190301-p51173.html Former Wollongong top cop Zoran Dzevlan stood down from Sydney command for alleged 'inappropriate behaviour' Wayne Muir stood down as CEO of Victorian Aboriginal Legal Service after historical sexual misconduct allegations Sky News host Samantha Maiden stood down pending investigation. Any Police officer who shots an offender is stood down during investigations. There are so many examples of people being stood down on full pay pending investigations, why should JDB be any different. As you say the Federal Court may see it differently, and likely if he is found innocent he would be due reparations.
Leaguesliterarylovechild
Roar Rookie
You're very confident, aren't you? I find your argument entirely unconvincing. In any event we'll soon find out what the Federal Court thinks about the argument that employers can impose punishments on people who have not been convicted of anything and without making any adverse finding against JDB.
Dwanye
Roar Rookie
Those pols def should have
northerner
Guest
So, if you sign a contract you have the right to take to the field? Really? Does that mean you can't be dropped for poor performance, bad attitude, breaking Club rules? News to me.
northerner
Guest
It happens to cops all the time. Think about that American cop who shot the Aussie lady for no good reason that I can see: would you support his going back on the beat until his trial is over? I doubt it. Most folks wouldn't. He's entitled to leave with pay while the charges are investigated, and the trial held, but no more than that. That's not interfering in any way with "due process" nor with the presumption of innocence before the courts. Were the NRL to try to determine his guilt or innocence outside the legal system, that would be contravening due process. And I might add, the victim has a right to due process as well. Letting a non-judicial body take over the determination of guilt or innocence is a contravention of her rights. Difficult though it may have been, I think the NRL has come down on the right side on this one.
Jacko
Guest
Spruce when you are sign a contract to play rugby League then YES it is a fundamental right to play rugby league....
no one in particular
Roar Guru
The NRL are in breach of the CBA
no one in particular
Roar Guru
Shaun Kenny-Dowell?
KenW
Guest
Really? He was a rising superstar of the game before his mission. Played Origin after just a handful of first grade games - just looked too big, too fast, too strong and was clearly getting better. While he's still a decent player and most teams would be happy to have him (unless they play a lot of Sundays...) he's never looked like fulfilling that promise since his return. In different parts of their careers they may be, but I reckon Hoppa jnr is a great example of what a couple of years out of the sport can do.
Wal
Roar Guru
Innocent until proven guilty, applies to the courts. An employer is held to an entirely different set of rules/laws. Even more so as a media organisation, the NRL has only limited obligations to allow JDB to play. It is analogous to a model/spokesperson to a brand. If they feel an individual no longer represents their morals or values they can stop using that person in advertising. It only gets messy if they chose to not pay out a contract. Since the NRL is offering potential compensation to the Dragons and JDB is continuing to get paid, his legal recourses become far more limited.
Wal
Roar Guru
There has been a lot of commentary about the 2 years legal proceedings and the effect this may have JDB. What about the hell the woman who was allegedly raped is about to endure, the 2 years of media scrutiny, exposure of personal and professional life. JDB's legal team won't play nice that is for sure. I think it speaks volumes of a broken system that a potential victim has to decide if all of this is worth pursuing justice over.
McTavish
Roar Rookie
I get your point about those specific professions but the point was partly that there is no talk that they should not be stood down due to considerations of possible prejudice to their presumption of innocence or financial ability to defend such charges. The list of occupations where this approach would be likely is by no means comprehensive and many would not fall under the banner of working with vulnerable populations e.g. actors/entertainers and other public figures, military personnel and senior public servants. Do you think top tier accounting or legal firms would be happy to have a partner charged with rape or murder continuing with business as usual? The rights of the employee need to be balanced against the rights of their employer to protect their brand and reputation.
Train Without A Station
Roar Guru
And what about the other possibility?
Bruiser
Roar Rookie
The decision by the NRL has nothing to do with his guilt or innocence, he has brought the game in disrepute and the NRL are protecting their reputation, simple as that.
Forty Twenty
Roar Rookie
You seem to be unaware of the history of false allegations in the NRl. The most serious cases have clearly involved false claims. Try reading up on Brett Stewart and all the others. I can't be bothered listing them all again. You would have to ask these woman what they hoped to achieve and luckily they failed.
Leaguesliterarylovechild
Roar Rookie
Its a suspension therefore its a punishment.
Ian_
Roar Rookie
If found guilty he won't be playing NRL again. He'll be in jail for enough years to see out his potential playing years
Ian_
Roar Rookie
You do know that most rape cases do not fall over because the allegations were fairy tales, but because there was not enough evidence to prove beyond reasonable doubt that player x was guilty, right? And that's not surprising considering its usually he said/she said, and there's no CCTV or independent witnesses or anything like that. Rape is very hard to prove. As for women targeting players, that is mostly fantasy. Why would a woman do it? Why would a woman choose to make a false claim, secure in the knowledge that she is not just taking on the player himself but his teammates (who will invariably support his side of the story), his club (who will try to protect their asset including doing stuff like digging up dirt on the woman, planting stories friendly to their player in the media, providing the player with high flying expensive lawyers etc), his agent/manager (who wants to look after his meal ticket), elements of the media, the clubs fans and fans of NRL generally, quite a lot of whom can be pretty feral about it (not saying all or even most fans are feral but plenty are). So after making a false allegation and undergoing a public character assassination by all these various parties, what exactly does this mystery woman hope to achieve? I would not say it never happens, but honestly of all the ways someone could achieve fame, money, whatever they are after, making false rape claims against a football player would rank as one of the most difficult, and most stupid.
Forty Twenty
Roar Rookie
Nothing new in that, it's common knowledge to anyone, including myself who is widely read. The last NRL player who was justly accused of rape is? If I'm correct the only rape allegations against NRL players have been fairy tales. Haven't heard much about that stat. It doesn't matter what action the NRL takes if woman target players in this manner, which is what has happened in recent history, not much mention of that issue today. It's unpalatable but it's also the truth.