Page 27 - World Sailing Misconduct Guidance

RECOMMENDED PENALTIES

43 General
43.1 A list of recommended actions or penalties is in Appendix B.

43.2 The recommended actions or penalties are just those - recommendations. It is important that the
protest committee considers the offence in the context of all relevant factors.

43.3 Use the recommended penalties as starting points and adjust accordingly for any aggravating or
mitigating circumstances.

43.4 The following are some aggravating factors (the list is not exhaustive) which should lead the
protest committee to take more severe action:

43.4.1 repeat offences;

43.4.2 discriminatory conduct (e.g. on grounds sex, race, disability, sexuality, age etc.);

43.4.3 intentional damage to property;

43.4.4 violence or aggression (whether actual or perceived by the victim);

43.4.5 abuse of race officials or other volunteers;

43.4.6 the competitor shows no remorse or perception that the misconduct was wrong;

43.4.7 the misconduct is witnessed by a large number of people; or

43.4.8 the sport/event has been brought into disrepute with the local community/wider public

43.5 The following are some mitigating factors (the list is not exhaustive) which should lead the
protest committee to take less severe action:

43.5.1 there is no evidence of prior misconduct and it is likely the competitor will not transgress
again;

43.5.2 the misconduct was reckless rather than intentional or wilful;
43.5.3 non-malicious excess aggression arising from youth or inexperience of the sport;

43.5.4 an isolated instance of knowingly breaking a rule without the intent to do so;
43.5.5 the misconduct was not witnessed by a significant number of people; or

43.5.6 the competitor shows genuine remorse for his actions.

26 World Sailing Misconduct Guidance