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Decision-making

32 General

32.1 The 2013-2016 edition of the RRS contains a rule with a positive obligation on
competitors (rule 69.1(a):

"A competitor shall not commit gross misconduct, including a gross
breach of a rule, good manners or sportsmanship, or conduct bringing
the sport into disrepute."

32.2 A breach of the rule can only be dealt with under rule 69 (i.e. not under the
normal protest procedure for a breach of a rule).

32.3 The protest committee should follow the standard process used for judging –
determine the facts found, then the conclusions in order to reach a decision.
It is important to determine what actually happened before turning to the
question of whether that conduct constituted or breach of sportsmanship or
gross misconduct.

33 Standard of proof required

33.1 With effect from 1 January 2013, the standard of proof required to establish
gross misconduct is the "comfortable satisfaction test" set out in rule 69.2(c).
The test states that the competitor is guilty of gross misconduct if:

"…it is established to the comfortable satisfaction of the protest
committee, bearing in mind the seriousness of the alleged misconduct,
that the competitor has broken rule 69.1(a)…"

33.2 Any other standard of proof - in particular, "balance of probabilities" or
"beyond a reasonable doubt" - can no longer be used.

33.3 The comfortable satisfaction test is a sliding scale but, in all cases, it is more
than the balance of probabilities and less than proof beyond a reasonable
doubt. Where the actual line falls in any particular case depends on its own
facts. The more serious the misconduct in question, the more certain the
protest committee must be that the misconduct occurred.

33.4 There is no definition of the word "comfortable" and it must be interpreted
under the RRS in the way that judges ordinarily understand it in nautical or
general use. Judges must rely on their knowledge and experience to know
when they are comfortable that a competitor has committed gross
misconduct.
33.5 A useful test is "Are you uncomfortable, based on the evidence, with finding
the competitor guilty?". If you are, then you must find the competitor not
guilty.
34 Problem Issues

There are a number of factors that will affect the ability of the protest committee to
make a decision on misconduct.

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