Page 28 - World Sailing Misconduct Guidance

REPORTING TO THE NATIONAL

AUTHORITY & ITS ROLE

44 Reporting to the national authority and its role

44.1 There are two kinds of reports to the national authority of misconduct decisions – mandatory
reports and discretionary reports.

44.2 A mandatory report is made when the protest committee has imposed a penalty greater than a
DNE or has excluded a person from the event or venue (see rule 69.2(j)(1) and (2)).

44.3 A discretionary report is made a mandatory report is not required, but the protest committee
considers that it is still appropriate in the circumstances to do so.

44.4 A report under rule 69.2(k) will trigger the requirement on the national authority under the World
Sailing Disciplinary Code to investigate the case and hold a hearing if appropriate. In addition to
any disciplinary powers it may have over a competitor under its membership rules, a national
authority has the power to suspend or revoke the Competition Eligibility (the general right to
compete) or World Sailing Eligibility (the right to compete in most international competitions) of
the competitor.

44.5 If the protest committee is considering exercising its discretion to make a report, it should
consider whether further action by the national authority may be warranted. While national
authorities have obligations under the World Sailing Disciplinary Code to investigate reports and
conduct further hearings where appropriate, protest committees have an important role in
ensuring that intervention by the national authority may be justified before making a report.

44.6 Protest committees considering a discretionary report must have regard to the guidance in World
Sailing Case 139.

44.7 If misconduct can be dealt with properly at an event with a fair outcome, then a protest committee
should not make a discretionary report to the national authority. However if the protest committee
considers that further action after the event is warranted, then it should make a report.

44.8 Please use the guidance in Appendix K when making a report to the national authority.

27 World Sailing Misconduct Guidance