Page 127 - Judge Manual 2017

has broken rule 69.1(a). The following explanation of this standard of proof is
based on World Sailing Case 122.

Two standards of proof are defined and used in hearings as follows:

• ‘Balance of probabilities’ is also known as ‘preponderance of the
evidence’. With this standard of proof, the evidence must be assessed on
the basis of whether a particular fact is more likely to have happened than
not. There can be some evidence that supports the allegation and other
evidence that is conflicting. The decision is based on the majority of the
evidence. This is the standard protest committees work to when
considering protests or requests for redress.
• ‘Comfortable Satisfaction’ is greater than the ‘balance of probabilities’. In
a rule 69 hearing, the protest committee must answer ‘Yes’ to both of the
following questions before it warns or penalizes a competitor or boat under
rule 69.2(h) or 69.2(i):
Is the committee comfortably satisfied that the facts found establish
that the alleged conduct occurred?
Is the committee comfortably satisfied that the conduct that occurred
was misconduct sufficiently serious to warrant the warning or penalty?

The requirement that the protest committee must be comfortably satisfied
does not mean that all of them needs to be so satisfied. It is sufficient if a
majority of them are so satisfied.

The standard of proof may have been varied by a National Prescription with
the consent of World Sailing.

Comfortable satisfaction’ is a standard used by the Court of Arbitration for
Sport (CAS), as well as in doping cases.

N.2.9 Mitigating and Aggravating Circumstances
Once the protest committee decides that the person has committed an act of
misconduct, they will consider whether to give a penalty. In doing so, the protest
committee should also consider whether there are any mitigating
circumstances that may lead to reducing the penalty, and aggravating
circumstances that may lead to a more severe penalty than is typical for similar
misconduct.
Consider whether any remorse is for the misconduct rather than for the penalty
that might be given. Take into consideration any sincere and unprompted
apology in relation to an incident that seems to be impulsive or spontaneous.
N.2.10 Litigation

In the past, competitors have made threats against protest committees, such
as threatening to sue the committee members for libel or defamation. The
dictionary definition of libel is, 'the publication of defamatory matter in
permanent form, as by a written or permanent statement, picture, etc.'
It is the personal responsibility of a race official to ensure that appropriate
insurance policies are in place to cover their work (whether this is through the
organizing authority, MNA, etc.). World Sailing does not provide insurance for
World Sailing Race Officials.”

It might be appropriate in some countries for protest committee members to be

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