Sunderland manager Steve Bruce remains convinced that Michael Turner should not have been sent off in Saturday's 4-3 defeat at Manchester City.
The Black Cats will be without the former Hull City defender until the middle of January after his appeal was rejected with the FA not only ruling that the red card was correct but that Turner should serve a four-match ban.
Bruce has also been given until New Year's Eve to explain his comments about referee Andre Marriner during the post-match press conference at Eastlands.
The Sunderland boss said: "The problem we've got with Michael Turner - and I've watched it ten times over - and this is the big debate, if there's an intentional elbow, then fine, it's a red card.
"But the pair of them, him and Gareth Barry, are glued to the ball.
"There's no question that Michael Turner has caught Gareth Barry, I'm not arguing that case, and that was on the day as well.
"It was a shuddering challenge, I agree, but that's why my face is the way it is. It's part and parcel of it. It seems to me now that it's a red card if somebody catches somebody across the face with an arm.
"But I keep saying, if you are jumping for a ball, it is impossible to jump without leverage with your arms.
"It's impossible - you look at a high jumper, the way he jumps, his arms are up above his head, and that's most footballers too, especially if you are running forward."