Everton intend to contest the Football Association’s charge against Oumar Niasse after the Senegal striker became the first Premier League player to be accused of “successful deception of a match official” for an action during the 2-2 draw with Crystal Palace on Saturday.

The law was introduced at the start of the season in response to repeated calls to eliminate diving and may lead to Niasse being handed a two-match suspension after an independent panel decided he was guilty of simulation to win a penalty in the first half at Selhurst Park.

The referee, Anthony Taylor, awarded a spot-kick after deeming Niasse had been fouled by Scott Dann in the fifth minute, with Leighton Baines converting to cancel out Palace’s first-minute opener.

Dann claimed Niasse, who drew Everton level for a second time with a goal on the stroke of half-time, had “conned the referee” but it is understood Everton will appeal any suspension.

“Incidents which suggest a match official has been deceived by an act of simulation are referred to a panel consisting of one ex-match official, one ex-manager and one ex-player,” read an FA statement. “Each panel member will be asked to review all available video footage independently of one another to determine whether they consider it was an offence of ‘successful deception of a match official’. Only in circumstances where the panel are unanimous would the FA issue a charge.”

Niasse, who defended himself following the incident and told the Liverpool Echo he would be “shocked” to be charged, had until 6pm on Tuesday night to respond.

The law was approved at the FA’s annual general meeting in May in an extension of its powers to retrospectively charge players with offences deemed worthy of a ban. In the past, three former match officials have ruled on red-card offences that were missed by the referee but this could become the first in the Premier League to overturn a decision on an incident that was seen by officials.