Not sure if thats true or not but in any case thats not what the rules under which he was charged state.
Doesn't matter what you think as he was found guilty of charges under those rules, his club have accepted his guilt under those rules, and the only discussion now is around the length of his ban.
You and other think it should be a short ban and others, including me, think it should be a long ban.
I know i'll be giving him pelters next time he plays at Goodison and I also know he wont care a jot that I'm doing so.