Richard Cockerill has slammed the ERC over their call not to investigate the challenge that saw Marcos Ayerza suffer a broken collarbone in Toulon.
The Argentina front-row was forced to exit the field after home lock Bakkies Botha allegedly 'jumped into the tackle' at Stade Félix Mayol on Sunday.
But with the ERC choosing not to investigate the incident, director of rugby Cockerill has been left fuming as his player spends three months out.
"It's a pretty disgraceful decision not to at least have a hearing," he told BBC Radio Leicester.
"The citing officer put it forward as a citable offence and the gatekeeper from ERC disciplinary has decided it is not worthy.
"From the footage we have seen and the footage we sent to the ERC we sent we felt it was an illegal act jumping into the tackle.
"It has clearly caused a lot of damage to the player and we are very disappointed with the attitude the ERC have come back to us with.
"We are bitterly disappointed that the inconsistency at ERC disciplinary level yet again fails to deal with what is in my opinion is an act of foul play."