Page 121 - Judge Manual 2017

Contents Page

N Rule 2 and Rule 69

N.1 Rule 2 Fair Sailing N 2
N.2 Rule 69 Hearing N 2
N.2.1 When the Protest Committee Should Initiate
Action Under Rule 69 N 3
N.2.2 Who Can Be Subject to a Rule 69 Hearing N 3
N.2.3 The Time and Place of the Act of Misconduct N 4
N.2.4 Preparation by the Protest Committee N 4
N.2.5 Appointing an Investigator, Rule 69.2(c) and (d) N 4
N.2.6 Informing the Person in Writing N 5
N.2.7 Examples of Cause for Initiation of a Rule 69
Hearing N 6
N.2.8 The Hearing N 6
N.2.9 Mitigating Circumstances N 8
N.2.10 Litigation N 8
N.2.11 Party Fails to Attend N 8
N.2.12 Case Dismissal N 9
N.2.13 Penalties N 9
N.2.14 Reporting the Details of the Hearing in the World
Sailing Regatta Report N 9
N.2.15 Appealing the Decision N 9
N.2.16 Reporting to National Authorities N 9
N.2.17 Action by the National Authorities N 10

N.1 Rule 2 Fair Sailing
Rule 2 is one of five fundamental rules of sailing. The Case Book gives
guidance as to what actions may be considered a breach of this rule and the
principles of sportsmanship and fair play. A boat, a protest committee, technical
committee or race committee may protest under this rule.

A boat may be penalized only when it is clearly established that this rule has
been broken. The penalty is either disqualification or a disqualification that is
not excludable from a boat’s series score (DNE).

A protest committee may disqualify a boat for a breach of rule 2 even though it
is not mentioned in the protest (second sentence of rule 64.1). Rule 2 does not
have the procedural and formal safeguards of rule 69. When the protest
committee is considering that the competitor’s action may also be a breach of
rule 2, it should explain the potential breach of sportsmanship and give the boat
an opportunity to address the issue before it makes a decision.

Case 138 advises that an action that is considered to be an act of misconduct and
that does not directly affect the competition should be subject to action under rule 69.

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