James Garner should have been sent off in Everton's 1-0 win at Aston Villa on 18 January, the Premier League's Key Match Incidents (KMI) Panel has said.
Garner, who was already on a caution, chased Morgan Rogers from midfield and pushed the Villa player in the back as he reached the edge of the penalty area.
Referee Tony Harrington did not award a free-kick but the KMI Panel unanimously voted that a foul should have been given and Garner shown a second yellow card.
It said Garner's actions were "a clear two-handed push into the back" which warranted "a second caution for a clear tactical foul".