ERC DISCIPLINARY HEARING:MUNSTER CENTRE Sam Tuitupou will miss Saturday's Heineken Cup match against Toulon at Thomond Park after he received a three-week ban for a dangerous tackle on London Irish scrumhalf Paul Hodgson in last Saturday's game at the Madejski Stadium.

Tuitupou, who attended a disciplinary hearing at ERC headquarters in Dublin yesterday, pleaded not guilty to the offence. However after considering the evidence and hearing submissions on behalf of the player and Roger O’Connor, ERC’s Disciplinary Officer, the independent judicial officer, Simon Thomas (Wales), determined the player was guilty and imposed a three-week suspension that leaves him free to play again from November 1st.

Thomas decreed the offence was at the lower end (three weeks) of the scale. In determining the length of ban he considered what he deemed was recklessness on the part of Tuitupou and the injuries sustained by Exiles scrumhalf Hodgson.

According to the official ERC release, “The independent judicial officer (Thomas) increased the suspension from the entry point by one week to take into account the need for a deterrent to combat this type of offending, and then balanced this by decreasing the suspension by one week to take into account Mr Tuitupou’s conduct at the hearing, which resulted in the final suspension of three weeks.”

Munster have not yet decided whether to appeal having not received the full written transcription of the hearing. There has to be legal grounds to overturn the original findings rather than simply a dispute over what would constitute a fair decision in the eyes of the Irish province.

Meanwhile, Jamie Cudmore has received a 10-week suspension for a stamping incident in Clermont Auvergne’s 25-10 victory over Saracens at Stade Marcel Michelin last Saturday. The Canadian international will miss his club’s two European matches against Leinster in December as well as this weekend’s trip to Racing Metro 92.

Noted for his abrasive style of play – his nickname is “Cuddles” – the 30-year-old has a chequered disciplinary record. Munster fans will recall his run-in with Paul O’Connell at Thomond Park in 2008, unleashing a flurry of punches that saw him receive a straight red card.

Cudmore was cited for “kicking/stamping/trampling in contravention of Laws 10.4(b) and 10.4(c). In particular, Mr Cudmore was alleged to have kicked and/or stamped and/or trampled on Saracens flanker Jacques Burger.”

The player pleaded not guilty.

After considering the evidence and hearing submissions from Cudmore and O’Connor, ERC’s Disciplinary Officer, the independent judicial officer, Simon Thomas (Wales) determined that the Canadian had committed an act of stamping and imposed a suspension of 10 weeks. The player will be free to play again on Monday, December 20th.

Under the disciplinary legislation for the 2010/11 Heineken Cup, independent judicial officers are required to follow the sanctioning regime laid down by the International Rugby Board (IRB). Once found guilty the officer was required to determine the “entry point” for suspension, based on an assessment of the seriousness of his actions. His transgression was deemed to be at the top end (nine weeks) and mitigating factors that include a player’s conduct, remorse and plea and aggravating issues like his disciplinary record were taken into account.

According to ERC’s official statement: “The independent judicial officer determined that the appropriate ‘entry point’ was top end and merited nine (9) weeks based on (among other things) the intentional nature of the offence and on the injuries sustained by Mr Burger. The independent judicial officer then increased the suspension from the entry point to take into account Mr Cudmore’s disciplinary record, which resulted in the final suspension of 10 weeks. The independent judicial officer ordered Mr Cudmore to pay the costs of the hearing.”

Cardiff flanker Martyn Williams has been handed a two-week ban for striking Edinburgh fullback Chris Paterson with his knee. Williams pleaded guilty but asserted his actions did not warrant a red card. Scarlets replacement secondrow Jonny Fa’amatuainu has received a three-week ban after being cited for a dangerous tackle on Perpignan wing Adrien Plante. He had pleaded guilty.