Further to an announcement on 16 March 2022, Rochdale Association Football Club and its Board of Directors can confirm that an Independent Disciplinary Commission established under EFL Regulations has now concluded its investigation of the Club and four individuals (Andrew Curran, Darrell Rose, David Bottomley and Faical Safouane).
The Club would once again like to reiterate that no current Board Director or current employee were subject to any EFL charges.
Read the EFL statement HERE.
Disciplinary investigations by the EFL began in August 2021 and in March 2022 charges were brought by the EFL against the Club and four individuals following the acquisition of shares granting Control in Rochdale AFC to Morton House MGT and First Form Construction Limited (“Morton House”) on 1 July 2021, contrary to EFL rules.
The Club fully co-operated with the EFL at every stage of their investigation and provided the EFL with a considerable volume of their evidence.
A Club can only ever act through its directors, employees or other agents. Their acts and omissions are also the Club’s acts and omissions.
As a general principle, a Club is held to be fully responsible for any consequent breach of rules, whatever charges may also be brought and sanctions imposed on individuals.
The Club, therefore, pleaded guilty to both charges brought by the EFL as did all four individuals who were charged by the EFL. The Club and individuals attended a hearing on 5 September 2022 in London to present their mitigations.
Following the conclusion of the Disciplinary Commission, the Club has been punished by the EFL with the following sanctions:
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) a suspended six-point deduction penalty which will be triggered if during the next two years, to October 2024, it commits any misconduct by failure to comply with the Owners’ and Directors’ Test (OADT) of the Football League.
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) an order to pay a share of costs relating to the investigation and prosecution of the charges and the fees of the Disciplinary Commission against all Respondents
There is no financial fine made against the Club. The Club has fully accepted the punishment metered out and will not appeal. The Club has taken steps since 1 June 2021 to strengthen its governance model in many areas.
Simon Gauge, Rochdale AFC Chairman, commented: “We welcome the EFL’s conclusions after a very long and exceptionally detailed investigation into an opaque and unwanted hostile takeover attempt in July 2021 of Rochdale Association Football Club by Morton House and which has been found to have breached EFL rules.
“A Club can only ever act through its directors, employees or other agents. Their acts and omissions are also the Club’s acts and omissions hence the Club’s guilty plea. The governance of the Club during the period leading up to the removal of directors at an EGM on 1 June 2021 was not of a suitable standard for an EFL member Club.
“We are pleased the regulator has acted fully and decisively against the role of the Club and four individuals to send a strong message throughout football. We hope the EFL continue to prevent individuals that do not meet the EFL threshold for an OADT and who are unable to prove the source and sufficiency of their funding, like Morton House, away from the game we all love.
“As Chairman I have recruited a new larger board of committed people with different skills and experiences and comprising a mixture of eight serving directors, including Supporters Trust representation and three non-executive directors to ensure the governance model of the Club is secure and on the right footing.
“We are pleased that the investigation has reached its conclusion and we now look forward to focusing our efforts on working towards our short, medium and long-term aims for the benefit of Our Town, Our Team, Our Club.”