Middlesbrough F.C. were knocked out of the playoffs by Southampton F.C. on Tuesday 12 May and, by Friday the 15th, they were reportedly preparing for the final. Whether that preparation is required now depends on the outcome of disciplinary proceedings brought by the EFL against Southampton concerning allegations of spying in advance of the first leg of the playoff semifinal.
William Salt, a Southampton FC analyst, is alleged to have observed a Middlesbrough training session at Rockliffe Park last Thursday, within 72 hours of the first leg of their semifinal. Southampton have been charged with misconduct under Regulations 3.4 and 127.1 of the EFL’s Regulations, which respectively provide that clubs shall behave towards each other with utmost good faith, and that no club shall directly or indirectly observe, or attempt to observe, another club’s training session in the period of 72 hours prior to any match scheduled to be played between those respective clubs. There is no requirement of intent and no threshold of harm that must be caused: the prohibition is absolute.
These stricter provisions were introduced following the infamous 2019 incident involving the Leeds United manager, Marcelo Bielsa, who admitted to sending a member of staff to watch Derby County train, midway through the 2018/19 season. Leeds was fined £200,000 on 18 February 2019.
An independent disciplinary commission has been set up to hear the charges against Southampton. If the charges are established, the disciplinary commission has the power to impose a wide range of sanctions under Regulation 93.2 of the EFL Regulations.
The Powers of the Commission
The commission will hold a hearing, accepting evidence from both sides about the alleged rule-breaking by Southampton. If it decides that Southampton have breached Regulation 127, it has several options in terms of the sanctions that can be imposed on Southampton. That includes:
- a points deduction (Regulation 93.2.7);
- the imposition of a financial penalty payable to the League (Regulation 93.2.8); and/or
- ordering any other sanction as the Disciplinary Commission may think fit (Regulation 93.2.12).
What Happens Next?
The Telegraph reported on 15 May that Southampton have pleaded guilty to spying on a Middlesbrough team training session. If this is the case, and much will turn on the evidence before the commission, then this hearing will be a high-stakes damage limitation exercise for Southampton.
Fans and the media are debating whether Southampton deserve to be expelled from the playoff next weekend. That power is available to the commission under Regulation 93.2.12. It remains to be seen whether the evidence that is adduced convinces the commission to use this power to expel Southampton from the playoffs. For example, recent news reports suggest that the allegations of spying are more widespread than the one instance first reported. The commission’s decision is due on 19 May, with the play-offs scheduled for 23 May.
How exactly the process will play out is uncertain. Even if the strongest sanction possible (i.e. expulsion) is adopted, the timeline does not account for Southampton’s right of appeal against the decision of the commission (or the EFL’s appeal, if Southampton receive a lesser sanction).
The Complications With an Appeal
Under the EFL rules, both parties have the right to challenge the commission’s decision to an appeal board under Regulation 95.1. The appeal board’s decision is final and cannot be challenged. The three days between the commission’s decision and the playoffs mean that an appeal, if lodged, cannot be concluded in time.
That further complicates the timelines, as clubs promoted to the Premier League become shareholders in the League at a shareholders’ meeting in early June upon transfer of shares from relegated to promoted clubs. Therefore, this issue has the possibility of affecting timelines for the Premier League, who will be observing intently.
Conclusion
While the first instance commission’s decision in the ‘Spygate’ scandal is expected on 19 May, it has the potential of playing out for longer legally. The fans, and other clubs, will be watching closely. The MR team will update you on the decision as soon as possible after it is published.