Page 125 - Judge Manual 2017

approval to proceed with the hearing immediately, wait. The competitor must
be given a reasonable time to prepare a defense. Schedule the rule 69 hearing
leaving enough time for the competitor to review the allegations, gather
witnesses and find a person to provide support during the hearing. This is often
only the following day.
The written notice in terms of rule 69.2 should state the alleged specific act or
acts of misconduct. It is not sufficient to state that the person committed an act
of misconduct by committing a breach of good manners, without saying what
the misconduct is. The description of the misconduct should be specific.

The notice should be detailed. For example, state that “immediately after the
decision was announced, the competitor stated in a loud voice that the decision
was wrong, and called the members of the protest committee ‘idiots’ and that
they have ‘no clue what they are doing’”. It is not sufficient to write, “the
competitor said that the decision of a protest committee is wrong”.
Where foul language is used, the notice should either quote the language or
describe it clearly. For example, “using vulgar language indicating sexual
intercourse.” Do not merely say that the competitor used “insulting language”
without quoting or paraphrasing the language.

A good test is whether a dispassionate outsider will understand the notice and
would agree that the alleged conduct is misconduct.

The notice should also allege the time, place and identity of other persons
involved, if known.
It is preferable to be specific regarding the act of misconduct so that there is no
possible misunderstanding by the competitor. Remember that a finding at the
end of the hearing cannot be of misconduct, other than that alleged in the
notice. If the evidence at the hearing differs materially from what is alleged in
the notice, the hearing should be adjourned to give a further written statement
of allegations and time to prepare. An alternative is to inform the competitor or
other person that a finding might be made in respect of this additional
misconduct, and ask whether he or she requires additional time to prepare and
gather evidence in this regard. Record that this was done. This record should
form part of the report made in terms of rule 69.2(j).

N.2.7 Examples of Cause for Initiation of a Rule 69 Hearing
Only when there is evidence at hand that indicates a realistic prospect that
misconduct has occurred should a rule 69 hearing be initiated. It should also be
in the interests of the sport to initiate a hearing. For example, misconduct by a
junior sailor might not justify a hearing if a lesser and more appropriate form of
intervention can be made. However, in most cases this test will clearly be met.

Breach of good manners: Whether conduct is a breach of good manners will
depend much upon whether other people, such as competitors, officials or the
public, are offended by the behavior. What might be acceptable behavior in one
situation may be unacceptable in another. The common use of foul language
on television makes it difficult for some young people to realize how offensive
such language may be to others. Persons who do not speak the language
spoken at the regatta as their first language might also have less understanding
of the offensiveness of specific terms. This is a difficult area to be judged

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