Rules World Sailing Case Book

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Case 78

Rules
Rule 2, Fair Sailing
Rule 41, Outside Help
Rule 69.1(a), Misconduct: Obligation not to Commit Misconduct; Resolution

Summary:
In a fleet race either for one-design boats or for boats racing under a handicap or rating system, a boat may use tactics that clearly interfere with and hinder another boat’s progress in the race, provided that, if she is protested under rule 2 for doing so, the protest committee finds that there was a reasonable chance of her tactics benefiting her final ranking in the event. However, she breaks rule 2, and possibly rule 69.1(a), if while using those tactics she intentionally breaks a rule.
Facts for Question 1:
In a fleet race for one-design boats, boat A uses tactics that clearly interfere with and hinder boat B’s progress in the race. While using those tactics, A does not break any rule, except possibly rule 2 or rule 69.1(a). B protests A under rule 2.
Question 1:
In which of the following circumstances would A’s tactics be considered unsportsmanlike and a breach of rule 2 or of rule 69.1(a)?
  1. The protest committee finds that there was a reasonable chance that A’s tactics would benefit her final ranking in the event.
  2. The protest committee finds that there was a reasonable chance that A’s tactics would increase her chances of gaining selection for another event, but would not benefit her final ranking in the event.
  3. The protest committee finds that there was a reasonable chance that A’s tactics would increase her chances of gaining selection to her national team, but would not benefit her final ranking in the event.
  4. The protest committee finds that A and a third boat, boat C, had agreed that they would both adopt tactics that benefited C and that there was a reasonable chance that A’s tactics would benefit C’s final ranking in the event.
  5. The protest committee finds that A was attempting to worsen B’s race or series score for reasons unconnected with sport.
Answer 1:
In circumstance (a), A would be in compliance with recognized principles of sportsmanship and fair play.

In circumstances (b) and (c), A would break rule 2, and possibly rule 69.1(a).

In circumstance (d), both A and C would break rule 2, and possibly rule 69.1(a). In addition, by receiving help prohibited by rule 41 from A, C would also break rule 41.

In circumstance (e), A would break rule 2, and possibly rule 69.1(a) because, with no good sporting reason, her actions would clearly break recognized principles of sportsmanship and fair play.
Question 2:
Would Answer 1 be different if the boats had been racing under a handicap or rating system and if A had been faster or more manoeuvrable than B?
Answer 2:
No.
Question 3:
Would Answer 1 be different if, while using tactics that clearly interfered with and hindered B’s progress in the race, A had intentionally broken a rule?
Answer 3:
Yes. Whenever a boat intentionally breaks a rule, she also breaks rule 2, and possibly rule 69.1(a).