Oumar Niasse will miss Everton’s next two games after being banned for diving.
The Football Association brought retrospective disciplinary action against Niasse after he won a penalty during the Blues’ draw with Crystal Palace last weekend.
Eagles defender Scott Dann was adjudged to have fouled the striker for the spot kick which saw Leighton Baines pull David Unsworth’s side level at Selhurst Park.
Dann and Palace boss Roy Hodgson both claimed Niasse had deceived referee Anthony Taylor in going to ground, which was echoed by an FA charge.
The Senegal international appealed against the ruling but it was upheld, meaning he will have to sit out the upcoming matches with Southampton and West Ham.
Niasse becomes the first Premier League player to be banned under the new legislation designed to deter them from engaging in acts of simulation.
“Although we are disappointed by the decision of the Independent Regulatory Commission to reject Oumar’s denail of the charge, the club and the player accept the outcome of today’s hearing,” read a club statement.
“We will make further comment when we have fully reviewed the observations contained in the report.”
Unsworth, speaking before the appeal ruling, admitted his disappointment in the original charge had been levelled at Niasse against Palace in the 2-2 stalemate.
He said: “I spoke to him and he was shocked. He said there was contact.
“One thing I know about Oumar is he doesn’t tell lies. He’s not a striker who will go down for no reason. He wants to score goals.
“Contact or slight contact, it doesn’t matter. We’re all bitterly disappointed.
“My view won’t change. Contact is contact. Anywhere on the pitch, it’s a foul.”