Page 128 - Judge Manual 2017

insured against costs arising out of civil court proceedings. Although action
brought by a competitor might fail, the costs of defense might be considerable.

Under rule 3, each competitor, boat owner and support person agrees to be
governed by the racing rules and to accept the penalties imposed or other
action taken, subject to appeal and review procedures. Nonetheless, courts in
some countries state that they have a greater authority than the racing rules to
decide on decisions from a protest committee under rule 69.
N.2.11 Party Fails to Attend

Rule 69.2(f) states that, if the competitor provides good reasons for being
unable to attend the hearing, the protest committee shall reschedule it.

Rule 69.2(f) states that, if the competitor does not provide a good reason for
being unable to attend the hearing and does not come to it, the protest
committee may conduct it without the competitor present. If the committee
proceeds without the competitor, and penalizes the competitor, it shall include
in its report under rule 69.2(j), the facts found and the decision and the reasons
for it.
Under rule 69.2(k), if the protest committee chooses not to conduct the hearing
without the competitor present, or if the hearing cannot be scheduled for a time
and place when it would be reasonable for the competitor to attend, the protest
committee shall collect all available information and, if the allegation seems
justified, make a report to the relevant national authorities. If the protest
committee is appointed by the World Sailing under rule 89.2(c), it shall send a
copy of the report to the World Sailing. Rule 69.2(k) applies when the protest
committee has left the event and a report alleging a breach of rule 69.1(a) is
received. The race committee or organizing authority may appoint a new protest
committee to proceed under this rule.
N.2.12 Case Dismissal

After a hearing, if it is found that the allegation of misconduct is not proven, the
protest committee should make this quite clear. The news of a rule 69 hearing
will have spread throughout the regatta, and it is important that the competitor’s
name is cleared publicly.
N.2.13 Penalties

A rule 69 hearing does not have to result in the imposition of a penalty if the
allegation of misconduct is proven; a warning may be given. A warning may
suffice after, for example, a minor act of misconduct followed by an apology for
the misconduct. A warning or a penalty equal or less than one DNE shall not
normally be reported to any national authority (see discussion of rule 69.2(j)(3)
below). If a person is excluded from an event or venue it must report the penalty
to the national authority.

The protest committee may exclude a competitor and their boat, when suitable,
from further participation in an event or series. The maximum penalty would be
to disqualify the competitor from the entire regatta, since the protest committee
has no power to penalize outside the event over which it has jurisdiction.

The protest committee may also take any action within its jurisdiction (provided
that this is set out in the rules).

No publication of the outcome should normally be made, other than the usual

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