An Independent Regulatory Commission ruled a charge of discriminatory conduct relating to a bust-up with Brighton’s Gaetan Bong was “not proven”.
Rodriguez denied Bong’s claim that he said: “You’re black and you stink.”
The West Brom striker, who pinched his own nose and wafted his hand in front of it, has always insisted there was no racial element involved and he actually said: “Your breath f***ing stinks.”
A close pal of Rodriguez said: “JayRod is consulting with the people he needs to — his family, his parents and his lawyers — but he WILL have his say.
“He does not want to shrug this off and just get on with his life as if it never happened.”
There were no witnesses who could back up Bong’s version of events from the January 13 match, including ref Martin Atkinson.
Last night the FA said: “The FA wishes to stress there has been no suggestion by any party involved in this case that this was a malicious or fabricated complaint.”
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It means Rodriguez has escaped a possible five-match ban.
The full FA statement said: "A charge of discriminatory misconduct against West Bromwich Albion’s Jay Rodriguez has been found not proven following an Independent Regulatory Commission hearing.
"It was alleged that during the game against Brighton & Hove Albion on 13 January 2018, the player used abusive and/or insulting words which included a reference to ethnic origin and/or colour and/or race.
"Rodriguez denied the charge and requested a personal hearing which took place at Wembley Stadium [Wednesday 11 April 2018].
ng considered all the evidence, the Independent Regulatory Commission determined that on the balance of probabilities the allegation was not proven."
It added: "The FA wishes to stress that there has been no suggestion by any party involved in this case that this was a malicious or fabricated complaint. The FA is completely satisfied that this was a complaint made in absolute good faith.
"The FA takes all allegations of discrimination extremely seriously and continues to encourage all participants who believe that they have been the subject of or witness to discriminatory abuse to report this through the appropriate channels.
"The FA would like to express its full thanks to all parties for their full cooperation during the disciplinary process."
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