Page 26 - World Sailing Misconduct Guidance

APPEALS

41 Right of appeal
41.1 The competitor has the right to appeal to the national authority (unless denied under rule 70.5 –
but note some national authority prescriptions may affect the operation of this rule in rule 69
cases). Any appeal should be determined under the normal appeal procedures for challenging
the decisions of protest committees. However - as with protests and request for redress - no
appeal can be based on the facts found by the protest committee.

41.2 Grounds for appeal might be:

41.2.1 that a conclusion of misconduct and a decision to penalize (or warn) was not supported
by the facts found;

41.2.2 that the protest committee had found there was a breach of a sportsmanship, when no
principle of sportsmanship was broken; or

41.2.3 the procedures of the protest committee were at fault.

41.3 The national authority can uphold, reverse or change the protest committee's decision. It can
also require the protest committee to reopen the hearing or order a new hearing.

42 Participation pending appeal

42.1 A competitor who has been excluded (or a boat which has been disqualified) from an event is not
entitled to continue to compete even if they notify the protest committee of an intention to appeal.
The original decision of the protest committee must be respected and a refusal to do so would
constitute fresh misconduct.

42.2 The national authority may prescribe that the original decision of the protest committee shall
govern the results of the event.

25 World Sailing Misconduct Guidance