Bastian Schweinsteiger has been charged with violent conduct by the FA over his clash with Winston Reid during Manchester United's draw against West Ham.
The matter was referred to a panel of three former elite referees who each reviewed the video footage independently of one another to determine whether they considered it a sending-off offence.
For an FA charge to follow the decision by the panel must be unanimous.The player has until 12 noon on Thursday 10 December 2015 to reply to the charge.
The incident happened just before half-time when Schweinsteiger appeared to thrust his forearm into Reid's face as they jostled at a corner. Referee Mark Clattenburg spoke to both player but took no further action.
However, after establishing that Clattenburg did not see the incident, the FA were able to charge Schweinsteiger on Monday.