Page 126 - Judge Manual 2017

consistently. Swearing directed at an individual could be considered differently
from expressions of frustration that is not directed to any individual.

• Breach of good sportsmanship: This includes cheating (acting to gain an
advantage by infringing rule 2, lying at a hearing, etc.). Unlike protests where
it is assumed that if there is a rule infringement it was not done on purpose;
the person’s intentions or attitude (if it was reckless) can be important in
deciding whether conduct is a breach of good sportsmanship.
Examples of occasions when action under rule 69 would be appropriate,
should the protest committee become aware of evidence, are presented in
Case 138. Some include:
• lying at a hearing
• knowingly infringing a rule with intent to gain an unfair advantage
• threatening behavior, or physical contact
• falsifying measurement documents
• failure to comply with a reasonable request of a race official
• deliberately damaging another boat
• abuse of officials
• theft
• offensive drunken behavior
• fighting

N.2.8 The Hearing
During the hearing, the procedures should be adhered to meticulously. Any
doubt as to the correct procedure should be resolved in favour of the course of
action which presents the greatest fairness to the competitor.
It is especially important at a rule 69 hearing to maintain an atmosphere of
formality and to ensure that the competitor is given ample opportunity to answer
the allegations. It is important that a written account is kept of the proceedings.
The hearing must be held in accordance with rules 63.2, 63.3, 63.4, and 63.6.

The protest committee should consider making an electronic recording of the
hearing. Such a recording is often very useful if there is a dispute later as to
what happened at the hearing or what evidence was given. This is particularly
so where there might be further proceedings by World Sailing or an MNA under
Regulation 35 or proceedings before CAS. If a recording is made, the
competitor, boat owner or support person and any witnesses should be
informed beforehand that the proceedings are being recorded. Access to the
recording at a later date is at the discretion of the protest committee: there is
no right for the parties to have a copy. A party is only entitled to a copy of the
recording if required for an appeal or further proceedings. In that case, the party
must first agree that the recording will only be used for that purpose, and that
its confidentiality will be respected. An alternative to providing the recording is
to order a transcript of the recording via a commercial provider.
An act of misconduct may be a breach of a rule, good manners or
sportsmanship, or conduct that brings the sport into disrepute. Rule 69.2(g)
requires that the protest committee find to its “comfortable satisfaction” bearing
in mind the seriousness of the alleged conduct, whether or not the competitor

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