CASE 139
Rule 69.2(j), Misconduct: Action by a Protest Committee
Examples illustrating when it would be ‘appropriate’ under
rule 69.2(j)(3) to report a rule 69 incident to a national
authority or World Sailing.
Facts
PThe protest committee has found that a competitor or support person has
committed an act of misconduct and imposed a penalty under rule 69.
Question 1
When should the protest committee report the breach to the national
authority of the person or to World Sailing?
Answer 1
Rule 69.2(j) requires a report to the national authority or to World Sailing
when the penalty applied is greater than DNE for one race, if the person has
been excluded from the venue or in other cases when the protest committee
considers it ‘appropriate’. It would be ‘appropriate’ to report in the
following circumstances, as examples:
(1) In a single race event the protest committee believes that the penalty
for the breach would have been more than DNE for one race if it were
in a multiple race event. This might be because of the seriousness of
a single breach or a number of lesser breaches.
(2) A support person is found in breach of rule 69 and would have been
excluded from the venue, but the event is now into its last day and
exclusion from the venue would be ineffective.
(3) The protest committee has good reason to believe that the person who
has breached rule 69 has previously been penalized for a breach of
rule 69.1(a) and especially if the breach is similar.
(4) The breach has an impact on events beyond the jurisdiction of the
protest committee. For example, selection or qualification for another
event and the breach has adversely affected the selection or
qualification of another competitor.
Question 2
Should the report be sent to the national authority or World Sailing?
Answer 2
The report is sent to World Sailing only when the breach occurs at specific
international events as listed in World Sailing Disciplinary Code. Otherwise
the report is to be sent to the national authority of the person(s) found to
have breached rule 69 (not necessarily to the national authority of the boat
owner or venue).
World Sailing 2016