The Rugby Football Union disciplinary panel has met for more than 17 hours over the past two days and will deliver a verdict after a final meeting on Monday evening. Yates is accused of biting Simon Fenn, the London Scottish flanker, in last month's Tetley's Bitter Cup tie.
An RFU statement said: "The RFU has announced that its disciplinary panel, which met this evening, has completed hearing the evidence connected to the citing of Kevin Yates by London Scottish.
"A provisional date for the next hearing has been set for the evening of Monday February 9. Final statements will be submitted to the panel by the counsel for London Scottish and Kevin Yates after which the panel will give its verdict.
"The location for the hearing has not been finalised but will not be disclosed. The same panel of Chairman Michael Burton, QC, Jonathan Dance and Brian Baister will be present and a further press statement will be issued at the conclusion of the hearing."
But for the hearing, Yates would certainly have been in the England squad for Saturday's opening Five Nations' Championship match against France in Paris.
He is now going to have missed two great occasions in France - Bath's European Cup final triumph last Saturday and the game at the new Stade de France this weekend.