Rugby's judiciary has been accused of victimising Dylan Hartley after the England captain was cleared to play in next month's autumn series at Twickenham.
Hartley's citing for striking Clermont prop Rabah Slimani during Northampton's 24-7 Champions Cup defeat on Saturday was dismissed after an independent disciplinary hearing decided the offence was unworthy of a red card.
England received worse news concerning Joe Marler, who is to miss the Tests against Argentina and Australia after receiving a three-week suspension for striking with the arm - but can at least prepare for the series that begins on November 11 knowing Hartley and Nathan Hughes are available.
On a busy day for the sport's disciplinary process that included two more cases, Hughes was given a two-week ban for striking Marcus Smith on the neck. However, the Wasps number eight's return date was set five days before the Pumas clash.
Although his offence was deemed minor, Hartley's dismal record that has robbed him of 60 weeks of his career threatened to increase any sanction given and placed his involvement next month in doubt.
"Citings like this do beg the question of whether Dylan is being singled out for what has happened in the past rather than being judged solely on Saturday's game."
Jim Mallinder [below], Northampton's director of rugby, insists it is the extensive list of misdemeanours that include biting, gouging and butting that meant the 31-year-old was objected to an "unjustified" hearing in London.
"The decision to cite Dylan from Saturday's game against Clermont was unjustified. This was a run-of-the-mill rugby incident during a high intensity game of European rugby," Mallinder said.
"Anyone who watched the game could see that this was completely accidental - a misjudgement at a clear-out, plain and simple.
"When we should be preparing for a crucial league game against Wasps this Saturday, we have instead been distracted by what we believe was an unwarranted judicial hearing.
"Citings like this do beg the question of whether Dylan is being singled out for what has happened in the past rather than being judged solely on Saturday's game."
Argentina, Australia and Samoa visit Twickenham on successive weekends and while the Northampton hooker is under pressure from Jamie George, he is set to be retained in the role he has performed throughout Eddie Jones' reign.
Jones will be forced to revise his plans elsewhere in the front row, however, after Marler was ruled out of all but the climax to the autumn having been sent to the sin-bin for a forearm on Will Rowlands in Harlequins' 41-10 defeat by Wasps on Sunday.
The offence was deemed to be mid-range and worthy of a red card, but one week was taken off the original four-week sanction due to the prop's admission of guilt and he is free to play from November 19.
Jones was considering resting first choice loosehead Mako Vunipola due to his involvement in the British and Irish Lions tour to New Zealand during the summer but with Marler out and rookie Ellis Genge the next in line, he will have to select the Saracens player.
The availability of Hughes, whose strike on Smith occurred in the same match at the Ricoh Arena, will come as a relief to Jones due to his lack of depth at number eight after Billy Vunipola was ruled out for three months by a knee injury.
