The Pool Three match on January 22 was postponed due to an unplayable pitch and rescheduled for the following day. However, the match was not subsequently played.
An investigation by European Rugby Cup's disciplinary officer Roger O'Connor has found that Newcastle "may have committed an act of misconduct in that the club refused and/or failed to participate in the match (on its rescheduled date, January 23, or at all). More particularly, that the club departed Bourgoin on 23 January (a) before the 12.00 noon pitch inspection had been conducted, and (b) without the match having been played or postponed."
Bourgoin also face a misconduct complaint on the grounds that they "may have committed an act of misconduct in respect of the club's failure and/or refusal to use its best endeavours to ensure that the match was not postponed (or otherwise rescheduled by ERC) due to adverse weather or venue conditions."
A three-man independent disciplinary committee will hear the case in Dublin.