West Bromwich Albion striker Nicolas Anelka has been handed a five-match ban for his 'quenelle' gesture despite an independent regulatory commission finding he did not intend it to be anti-Semitic.West Brom reacted swiftly after the decision, suspending Anelka pending the conclusion of the FA's disciplinary process and the club's own internal investigation.
The French striker has also been fined £80,000 ($149,000) for an aggravated breach of Football Association rules and was ordered to attend an education program.
The ruling effectively means that players can be sanctioned for behaviour that is widely viewed as racist or discriminatory even if they did not intend it to be so.
It comes after the 2011 case of Liverpool striker Luis Suarez, who was found guilty of racially abusing Patrice Evra even though he argued the words he used were not racist in his home country Uruguay.
The two charges that Anelka faced - that the gesture was abusive and/or indecent and/or insulting and/or improper, and that it included a reference to ethnic origin and/or race and/or religion or belief - were both found proved.
An FA statement said: "An independent regulatory commission has found an aggravated breach of FA rule E3 against Nicolas Anelka proven and has issued a five-match suspension and a fine of £80,000, pending appeal."
Importantly, the commission added that it was its finding that Anelka had not been deliberately anti-Semitic.
The commission statement said: "So far as the basis for our finding on Charge 2 is concerned, we did not find that Nicolas Anelka is an anti-Semite or that he intended to express or promote anti-Semitism by his use of the quenelle."
In response, Anelka's legal advisers Brown Rudnick LLP said in a statement: "Nicolas Anelka is pleased that the FA regulatory commission has found him not to be an anti-Semite and that he did not intend to express or promote anti-Semitism by his use of the quenelle gesture.
He is now waiting to receive the commission's full reasons for its decision before considering whether or not to appeal.
"Nicolas Anelka has been advised not to make any further comment while the proceedings are ongoing."
The Frenchman performed the goal celebration after scoring in his club's match against West Ham United on 28 December, 2013.
Anelka denied the gesture had any anti-Semitic meaning and said it was a signal in support of his friend, the French comedian Dieudonne M'bala M'bala, the person who first brought the quenelle to prominence.
He and a legal team have mounted a defence this week at an independent regulatory commission's hearing at the Grove Hotel in Watford.
The punishment is suspended for a seven-day period - beginning when the full written verdict is received - in which Anelka may launch an appeal. Should he decide to accept the sanction, it could begin earlier.
Anelka's friend Dieudonne has been prosecuted for inciting racial hatred in France and Dieudonne's supporters have been pictured using the quenelle as an anti-Jewish gesture. The comedian has also been banned from entering the UK.
The case was expected to hinge on whether Anelka had any knowledge of the quenelle's anti-Semitic connotations and also whether he could be found guilty of the charge even if he was not aware of the full implications of the gesture, which French minister for sport Valerie Fourneyron has condemned as "shocking" and "disgusting".
Anelka has been insistent all along that, on his part, it was an innocent gesture.
He wrote on Twitter in December: "I do not know what religion has to do with this story", adding that "of course I am neither racist nor anti-Semitic".
Vivian Wineman, president of the Board of Deputies of British Jews, welcomed the decision to issue a ban.
He said: "This supports the FA's decision to invoke its own regulations after its assiduous report concluded that Mr Anelka's gesture had anti-Semitic connotations and is highly offensive to Jews and right-minded members of the public."
Simon Johnson, a former FA executive who is now chief executive of the Jewish Leadership Council, added: "The conviction of Nicolas Anelka is a welcome outcome. It demonstrates that the FA's processes are robust enough to deal with the most pernicious of racism cases.
"All those of us dedicated to defeating racism and discrimination throughout sport can take great confidence that, when put to the test, football's anti-racism procedures stood up to the challenge."
Football's anti-discrimination group Kick It Out said it would wait until Anelka has decided whether to appeal before commenting.
A statement read: "Kick It Out awaits Anelka's response and the written reasons from the independent regulatory commission. The campaign will continue to follow protocol by not issuing further comment until the case is brought to its conclusion."
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