Dundee chairman Bob Brannan insists the Tayside club will continue discussions before making any further legal plans after the Scottish Football Association upheld the decision of the Scottish Premier League to fine Livingston over the Hassan Kachloul affair.
An SFA sub-committee met in Edinburgh for a marathon hearing into the case of the Moroccan, who has been at the centre of a long-running summer saga.
The ex-Southampton man was signed by the West Lothian club in March on an amateur basis outside of the transfer window but was found to have been paid.
Dundee, who dropped into the Bell’s First Division after a 1-1 draw at Livi on the final day of the SPL season, were left furious the top flight board only fined the Almondvale club £15,000 instead of docking points and took the issue to the governing body.
Brannan was desperately disappointed to see the club’s appeal fail but refused to say whether they would continue the fight.
He said: “We are very disappointed at the outcome for Dundee.
“What is particularly disappointing is that the SPL have spent the last six weeks trying to block our right to appeal rather than argue the merits of the case.
“It wasn’t until 6pm this evening that the SPL finally revealed their position in a very technical, legal argument that won over the committee.
“We respect the SFA’s decision but we feel that a £15,000 fine is not a fair penalty for the SPL to impose given the seriousness of the breach of rules that took place.
“We will meet tonight and reserve our position.”
On July 12, a specially-convened SFA sub-committee decided the Dark Blues had a right of appeal against the fine handed out by the SPL to Livi prompting the most recent hearing after Dundee called for the intervention of the governing body.
The West Lothian club have since withdrawn their appeal against the fine, preferring instead to take the matter to the Court of Session in Edinburgh.
Dundee were hoping a FIFA directive on the issue of transfers would highlight their case.
The SPL board claimed Livi had breached certain transfer rules but could have signed the player anyway.
SPL lawyer Roddy McKenzie insists the board of the top flight were now “vindicated” in their original decision to fine Livi.
He said: “I spoke to (SPL executive chairman) Lex Gold who is obviously delighted.
“The SPL board feels vindicated by the decision they came to and are very pleased that the SFA appeals committee has upheld the original decision.
“The SPL board came to the correct decision and all we look forward to is the football to start at the weekend.
“The SPL board decided that Livingston had breached the rules of the SPL and the SFA, that they should be fined but that Livingston would have been able to register Mr Kachloul as a professional.
“Dundee challenged that finding and the SFA committee said Livingston could have signed him as a professional and therefore there was no competitive advantage.”