Page 16 - World Sailing Misconduct Guidance

PROCEDURE

24 Preparing the written notification
24.1 The competitor must be given written notification of the fact a hearing is to occur, the alleged
misconduct and the time/place of the hearing. If an investigator was appointed by the protest
committee, then all material gathered by him must be given to the parties to the hearing (rule
69.2(d)).
24.2 An existing protest form - even if alleging rule 2 breaches - will not meet the requirements for
written notification. A new notice must be prepared.

24.3 World Sailing recommends the model wording in Appendix K for the written notice.

24.4 The written notice should state the alleged specific act or acts of misconduct. It is not sufficient to
state that the person committed an act of misconduct by committing a breach of good manners,
without saying what the misconduct is. The description of the misconduct should be specific.

24.5 For example, it is insufficient to state that a competitor stated that a decision of a protest
committee is wrong, as doing so is not misconduct. The notice should state more information
such as “John Smith stated in a loud voice at the hearing immediately after the decision was
announced that the decision was wrong and called the members of the protest committee in a
loud voice idiots and that they have no clue what they are doing”.

24.6 Where foul language is used, the notice should either quote the language used or describe it in
terms such as “using vulgar language indicating sexual intercourse” Do not merely say that the
competitor used “insulting language” without quoting the language or paraphrasing the language.

24.7 A good test is whether an unbiased outsider will understand the notice and would agree that the
alleged conduct in it is misconduct.
24.8 The notice should also allege the time, place and identity of other persons involved insofar
known.

24.9 It is preferable to be specific regarding the act of misconduct so that there is no possible
misunderstanding by the competitor. Remember that a finding at the end of the hearing cannot
be of misconduct except that alleged in the notice. If the evidence at the hearing differs materially
from that alleged in the notice, the hearing should be adjourned to give a further written statement
of allegations and time to prepare. An alternative is to inform the competitor or other person that
a finding might be made in respect of this additional misconduct, and ask whether he or she
requires additional time to prepare and gather evidence in this regard. It should be recorded that
this was done and this record should form part of the report made in terms of rule 69.2(j).

25 Reasonable time to prepare/time of hearing
25.1 Rule 63.2 requires that the competitor must be allowed reasonable time to prepare for any
hearing.

15 World Sailing Misconduct Guidance