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The charge relates to an alledged stamp on Liverpool's defender Alvaro Arbeloa . Referee Alan Wiley claims he missed the incident but video evidence seems to support the FA's case and Wiley added that he would have sent Fagan off had he seen the incident.
If found Guilty Fagan will miss three games, Newcastle at home, Arsenal away and Bolton at Pride Park.
If the ban is imposed it comes at a bad time for the Rams following the heavy losses in recent games. Fagan was one of the few players to emerge from the last few games with any credability and has impress many supporters with his efforts.