Page 91 - Misconduct a Reference for Race Officials

The decision is made by applying the rules to these facts.
Facts are situations, conditions or actions that could be directly observed by a person
witnessing the incident and are usually quantifiable. For example, the following
statements are facts:

 ‘boat A was three boat lengths from mark X’,
 ‘boat A was sailing parallel to and one boat length to windward of boat B’,
 ‘boat A altered course 25 degrees to windward’, and
 ‘boat A was scored OCS’.
The statement ‘boat X did not keep clear of boat Y” is not a fact, it is a conclusion. To
be useful in making a decision it must be justified by documented facts relevant to the
definition keep clear, such as the courses and relative positions of X and Y.
Further typical examples of conclusions, that must be justified by facts, are:
 ‘boat A was seriously damaged’,
 ‘boat A did not sail the correct course’ and
 ‘boat A broke rule 10’.
If there is contact between boats, facts and conclusions relevant to rule 14 must be
recorded for each boat that made contact.
Facts such as the wind speed and direction, speed and direction of tide or current, sea
state, etc. should be recorded when relevant.

If any boat has taken a penalty, record the penalty taken in the facts found.
Facts that are not relevant to the decision need not be recorded.

M3.4 Decide the protest or request for redress (rule 64).

 Base the decision on the facts found (if you cannot, find some more facts).
 In redress cases, make sure that no further evidence is needed from boats that will be
affected by the decision.

PROTESTS

There are three steps – decide which rule or rules apply to the facts, state conclusions,
and make the decision. Here is an example, including the statement of facts:

FACTS FOUND
 Boat A was reaching on starboard tack in 10kts of wind, towards the next mark, to
be rounded to starboard, which was 100 metres away. Tide was slack, wind
direction steady.
 Boat B was clear astern of boat A, also reaching on starboard tack, and sailing
faster. She became overlapped to leeward approximately 1 hull length from A.
She changed course to a course approximately 20⁰ higher than boat A’s.
 Boat A hailed boat B not to sail above a proper course.
 Boat A held her course, and boat B continued to sail her higher course for around
10 seconds, until the boats came within 30 cm of each other.
 Boat B bore away. There was no contact. Each protested the other.

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