Rule M5: DISCRETIONARY PENALTIES (rule 64)

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.

DISCRETIONARY PENALTIES (rule 64)

Rule 64 enables a boat that has broken a rule subject to a discretionary penalty to comply with Sportsmanship and the Rules by reporting within the protest time limit that she has broken the rule. If the report does not include sufficient facts for the protest committee to decide what penalty to impose, the committee may question a representative of the boat and any witnesses to collect evidence it decides is appropriate. It is not necessary to conduct a hearing to collect this evidence. Note that guidelines for discretionary penalties may be found on the World Sailing website.