Case 139

Rules
Rule 69.2(j), Misconduct; Action by a Protest Committee

Summary:
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:
The 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: 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. 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. 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. 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.

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:

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.
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.
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.
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).