Page 122 - Judge Manual 2017

N.2 Rule 69 Hearings
We recommend the reader to review the World Sailing Misconduct Guidance
2017. It is a complete reference work for all race officials – in particular, judges
and protest committees, based on the World Sailing Racing Rules of Sailing
2017-2020.

http://www.sailing.org/tools/documents/2017WorldSailingMisconductGuidance
-[22804].pdf
Rule 69 hearings are separate and different from other hearings in four main
ways:

• an action under rule 69 is not a protest
• an action under rule 69 is against a competitor, a boat owner or a support
person, not a boat
• an action under rule 69 may be initiated only by a protest committee
• on receiving a report, the protest committee has a discretion on whether to
proceed to a hearing or not

The protest committee initiates a rule 69 hearing either on its own, or after
receiving an oral or written report from anyone, including a person who is not
involved in the regatta.

Note: Major international events (as defined by World Sailing Regulation 35)
have very different procedures under rule 69. Since this Manual does not cover
these procedures, it is important to refer to the Regulation if involved with
misconduct issues at one of these events.

N.2.1 When the Protest Committee Should Initiate Action Under Rule 69 Hearing
Standards of ethical behavior among sailors throughout the world vary greatly,
and it is not the responsibility of International or National Judges to educate
individuals in the subject of moral behavior. Under rule 69.1(a) a “competitor,”
boat owner and support person shall not commit misconduct, being conduct
that is a breach of good manners, sportsmanship or unethical behavior, or
conduct bringing the sport into disrepute.

Such actions are addressed through two rules. Rule 2 requires that a boat, her
owner and crew shall compete in compliance with recognized principles of
sportsmanship and fair play. Rule 69 prohibits misconduct and describes the
procedure for the protest committee to adopt, should a competitor, boat owner
or support person commit such an act of misconduct.

It is essential to the healthy development of the sport that severe penalties be
imposed on competitors, boat owners or support persons who knowingly
infringe a racing rule. Protest committees should take action under rule 69 if a
competitor deliberately breaks a rule for his or her own advancement or if a
deliberate breach results in injury, or if a competitor cheats, lies at a hearing, or
behaves in any way that brings the sport into disrepute. Protest committees
should also take action under rule 69 if the actions of support persons might
affect the fairness of the competition or seriously affects people’s enjoyment of
the sport.

2