Wigan forward Callum McManaman will not be charged over his tackle on Newcastle's Massadio Haidara at the weekend.
The Wigan forward caught Haidara on the knee with his follow-through during the second half of Sunday's 2-1 victory at the DW Stadium.
Mark Halsey did not punish McManaman at the time, and replays suggested the referee was partially unsighted.
But a statement from the Football Association said that "because at least one of the match officials saw the coming together, though not the full extent of the challenge" no further action can be taken.
The statement read: "Following consultation with the game's stakeholders in the summer, it was agreed that retrospective action should only be taken in respect of incidents which have not been seen by the match officials.
"Where one of the officials has seen a coming together of players, no retrospective action should be taken, regardless of whether he or she witnessed the full or particular nature of the challenge. This is to avoid the re-refereeing of incidents.
"In the case of McManaman, it has been confirmed that at least one of the match officials saw the coming together, though not the full extent of the challenge. In these circumstances retrospective action cannot be taken.
"The principal objective behind the not seen policy is to address off the ball incidents where match officials are unlikely to be in a position to witness misconduct."
McManaman will now be available for Wigan's FA Cup semi-final against Millwall next month.
FA director of governance Darren Bailey expanded on the governing body's decision on Sky Sports News.
He said: "The actual policy is fairly clear and straightforward. In the first instance, the first question we have to ask ourselves is did any of the match officials see the incident.
"In circumstances where one of the match officials has witnessed the coming together, then there's no need to go on and consider the next question, which is whether the player would have been ordered off for the particular offence, or actually precluded.
"One of the principal reasons we have not-seen incidents is to deal with off the ball incidents as opposed to contests for possession or tackle scenarios.
"If we allow incidents to be reopened on a regular basis then the game will not have any participation certainty and on Monday we will be confronted with a whole range of tackles from the top of the game all the way down the pyramid."