Rule M6: MISCONDUCT (rule 69)

Section M — Recommendations For Protest Committees

This appendix is advisory only; in some circumstances changing these procedures may be advisable. It is addressed primarily to the protest committee chair but may also help judges, protest committee secretaries, race committees and others involved in hearings.

In a hearing, the protest committee should weigh all testimony with equal care; should recognize that honest testimony can vary, and even be in conflict, as a result of different observations and recollections; should resolve such differences as best it can; should recognize that no boat or competitor is guilty until a breach of a rule has been established to the satisfaction of the protest committee; and should keep an open mind until all the evidence has been heard as to whether a boat or competitor has broken a rule.

MISCONDUCT (rule 69)

M6.1:

An action under this rule is not a protest, but the protest committee gives its allegations in writing to the competitor before the hearing. The hearing is conducted under rule 63, but the protest committee must have at least three members (rule 69.2(a)). Use the greatest care to protect the competitor’s rights.

M6.2:

A competitor or a boat cannot protest under rule 69, but the hearing request form of a competitor who tries to do so may be accepted as a report to the protest committee, which can then decide whether or not to call a hearing.

M6.3:

Unless World Sailing has appointed a person for the role, the protest committee may appoint a person to present the allegation. This person might be a race official, the person making the allegation or other appropriate person. When no reasonable alternative person is available, a person who was appointed as a member of the protest committee may present the allegation.

M6.4:

When it is desirable to call a hearing under rule 69 as a result of a Part 2 incident, it is important to hear any boat-vs.-boat protest in the normal way, deciding which boat, if any, broke which rule, before proceeding against the competitor under rule 69.

M6.5:

Although action under rule 69 is taken against a competitor, boat owner or support person, and not a boat, a boat may also be penalized (rules 69.2(h)(2) and 62.4).

M6.6:

When a protest committee upholds a rule 69 allegation it will need to consider if it is appropriate to report to either a national authority or World Sailing. Guidance on when to report may be found in the World Sailing Case Book. When the protest committee does make a report, it may recommend whether or not further action should be taken.

M6.7:

Unless the right of appeal is denied in accordance with rule 70.3, a party to a rule 69 hearing may appeal the decision of the protest committee.

M6.8:

Further guidance for protest committees about misconduct may be found on the World Sailing website.

Definitions in Context

Committee

The protest committee, the race committee or the technical committee.

Party

A party to a hearing is

(a) for a protest hearing: a protestor, a protestee;
(b) for a redress hearing: a boat requesting redress or for which redress is requested; a boat for which a hearing is called to consider redress under rule 61.1; a committee acting under rule 61.1;
(c) for a redress hearing under rule 61.4(b)(1): the body alleged to have made an improper action or improper omission;
(d) a person against whom an allegation of a breach of rule 69.1(a) is made; a person presenting an allegation under rule 69.2(e)(1);
(e) a support person subject to a hearing under rule 62 or 69; any boat that person supports; a person appointed to present an allegation under rule 62.2.

However, the protest committee is never a party.

Protest

An allegation made under rule 60 by a boat or a committee that a boat has broken a rule.

Rule

(a) The rules in this book, including the Definitions, Race Signals, Introduction, preambles and the rules of relevant appendices, but not the Basic Principles or titles;
(b) World Sailing Regulations that have been designated by World Sailing as having the status of a rule and are published on the World Sailing website;
(c) the prescriptions of the national authority, unless they are changed by the notice of race or sailing instructions in compliance with the national authority’s prescription, if any, to rule 88.2;
(d) the class rules (for a boat racing under a handicap or rating system, the rules of that system are ‘class rules’);
(e) the notice of race;
(f) the sailing instructions; and
(g) any other documents that govern the event.

Support Person

Any person who

(a) provides, or may provide, physical or advisory support to a competitor, including any coach, trainer, manager, team staff, medic, paramedic or any other person working with, treating or assisting a competitor in or preparing for the competition, or
(b) is the parent or guardian of a competitor.