Section B
HEARINGS AND DECISIONS
63
HEARINGS
63.1
Requirement for a Hearing
A boat or competitor shall not be penalized without a protest hearing, except as provided in rules 30.2, 30.3, 30.4, 64.3(d), 69, 78.2, A5 and P2. A decision on redress shall not be made without a hearing. The protest committee shall hear all protests and requests for redress that have been delivered to the race office unless it allows a protest or request to be withdrawn.
63.2
Time and Place of the Hearing; Time for Parties to Prepare
All parties to the hearing shall be notified of the time and place of the hearing, the protest or redress information shall be made available to them, and they shall be allowed reasonable time to prepare for the hearing.
63.3
Right to Be Present
  1. A representative of each party to the hearing has the right to be present throughout the hearing of all the evidence. When a protest claims a breach of a rule of Part 2, 3 or 4, the representatives of boats shall have been on board at the time of the incident, unless there is good reason for the protest committee to rule otherwise. Any witness, other than a member of the protest committee, shall be excluded except when giving evidence.
  2. If a party to the hearing of a protest or request for redress does not come to the hearing, the protest committee may nevertheless decide the protest or request. If the party was unavoidably absent, the committee may reopen the hearing.
63.4
Conflict of Interest
  1. A protest committee member shall declare any possible conflict of interest as soon as he is aware of it. A party to the hearing who believes a member of the protest committee has a conflict of interest shall object as soon as possible. A conflict of interest declared by a protest committee member shall be included in the written information provided under rule 65.2.
  2. A member of a protest committee with a conflict of interest shall not be a member of the committee for the hearing, unless
    1. all parties consent, or
    2. the protest committee decides that the conflict of interest is not significant.
  3. When deciding whether a conflict of interest is significant, the protest committee shall consider the views of the parties, the level of the conflict, the level of the event, the importance to each party, and the overall perception of fairness.
  4. However, for World Sailing major events, or for other events as prescribed by the national authority of the venue, rule 63.4(b) does not apply and a person who has a conflict of interest shall not be a member of the protest committee.
63.5
Validity of the Protest or Request for Redress
At the beginning of the hearing the protest committee shall take any evidence it considers necessary to decide whether all requirements for the protest or request for redress have been met. If they have been met, the protest or request is valid and the hearing shall be continued. If not, the committee shall declare the protest or request invalid and close the hearing. If the protest has been made under rule 60.3(a)(1), the committee shall also determine whether or not injury or serious damage resulted from the incident in question. If not, the hearing shall be closed.
63.6
Taking Evidence and Finding Facts
The protest committee shall take the evidence of the parties present at the hearing and of their witnesses and other evidence it considers necessary. A member of the protest committee who saw the incident shall, while the parties are present, state that fact and may give evidence. A party present at the hearing may question any person who gives evidence. The committee shall then find the facts and base its decision on them.
63.7
Conflict Between Rules
If there is a conflict between two or more rules that must be resolved before the protest committee makes a decision, the committee shall apply the rule that it believes will provide the fairest result for all boats affected. Rule 63.7 applies only if the conflict is between rules in the notice of race, the sailing instructions, or any of the other documents that govern the event under item (g) of the definition Rule.
63.8
Protests Between Boats in Different Races
A protest between boats sailing in different races conducted by different organizing authorities shall be heard by a protest committee acceptable to those authorities.
64
DECISIONS
64.1
Penalties and Exoneration
When the protest committee decides that a boat that is a party to a protest hearing has broken a rule and is not exonerated, it shall disqualify her unless some other penalty applies. A penalty shall be imposed whether or not the applicable rule was mentioned in the protest. If a boat has broken a rule when not racing, her penalty shall apply to the race sailed nearest in time to that of the incident. However,
  1. when as a consequence of breaking a rule a boat has compelled another boat to break a rule, the other boat shall be exonerated.
  2. if a boat has taken an applicable penalty, she shall not be further penalized under this rule unless the penalty for a rule she broke is a disqualification that is not excludable from her series score.
  3. if the race is restarted or resailed, rule 36 applies.
64.2
Decisions on Redress
When the protest committee decides that a boat is entitled to redress under rule 62, it shall make as fair an arrangement as possible for all boats affected, whether or not they asked for redress. This may be to adjust the scoring (see rule A10 for some examples) or finishing times of boats, to abandon the race, to let the results stand or to make some other arrangement. When in doubt about the facts or probable results of any arrangement for the race or series, especially before abandoning the race, the protest committee shall take evidence from appropriate sources.
64.3
Decisions on Protests Concerning Class Rules
  1. When the protest committee finds that deviations in excess of tolerances specified in the class rules were caused by damage or normal wear and do not improve the performance of the boat, it shall not penalize her. However, the boat shall not race again until the deviations have been corrected, except when the protest committee decides there is or has been no reasonable opportunity to do so.
  2. When the protest committee is in doubt about the meaning of a class rule, it shall refer its questions, together with the relevant facts, to an authority responsible for interpreting the rule. In making its decision, the committee shall be bound by the reply of the authority.
  3. When a boat is penalized under a class rule and the protest committee decides that the boat also broke the same rule in earlier races in the same event, the penalty may be imposed for all such races. No further protest is necessary.
  4. When a boat penalized under a class rule states in writing that she intends to appeal, she may compete in subsequent races without changes to the boat. However, if she fails to appeal or the appeal is decided against her, she shall be disqualified without a further hearing from all subsequent races in which she competed.
  5. Measurement costs arising from a protest involving a class rule shall be paid by the unsuccessful party unless the protest committee decides otherwise.
64.4
Decisions Concerning Support Persons
  1. When the protest committee decides that a support person who is a party to a hearing has broken a rule, it may
    1. issue a warning,
    2. exclude the person from the event or venue or remove any privileges or benefits, or
    3. take other action within its jurisdiction as provided by the rules.
  2. (b) The protest committee may also penalize a competitor for the breach of a rule by a support person by changing the boat’s score in a single race, up to and including DSQ, when the protest committee decides that
    1. the competitor may have gained a competitive advantage as the result of the breach by the support person, or
    2. the support person commits a further breach after the competitor has been warned by the protest committee that a penalty may be imposed.
65
INFORMING THE PARTIES AND OTHERS
65.1
After making its decision, the protest committee shall promptly inform the parties to the hearing of the facts found, the applicable rules, the decision, the reasons for it, and any penalties imposed or redress given.
65.2
A party to the hearing is entitled to receive the above information in writing, provided she asks for it in writing from the protest committee no later than seven days after being informed of the decision. The committee shall then promptly provide the information, including, when relevant, a diagram of the incident prepared or endorsed by the committee.
65.3
When the protest committee penalizes a boat under a measurement rule, it shall send the above information to the relevant measurement authorities.
66
REOPENING A HEARING
The protest committee may reopen a hearing when it decides that it may have made a significant error, or when significant new evidence becomes available within a reasonable time. It shall reopen a hearing when required by the national authority under rule 71.2 or R5. A party to the hearing may ask for a reopening no later than 24 hours after being informed of the decision. On the last scheduled day of racing the request shall be delivered
  1. within the protest time limit if the requesting party was informed of the decision on the previous day;
  2. no later than 30 minutes after the party was informed of the decision on that day.
When a hearing is reopened, a majority of the members of the protest committee shall, if possible, be members of the original protest committee.
67
DAMAGES
The question of damages arising from a breach of any rule shall be governed by the prescriptions, if any, of the national authority.
68
There is no rule 68.
Section C
MISCONDUCT
69
MISCONDUCT
69.1
Obligation not to Commit Misconduct; Resolution
  1. A competitor, boat owner or support person shall not commit an act of misconduct.
  2. Misconduct is:
    1. conduct that is a breach of good manners, a breach of good sportsmanship, or unethical behaviour; or
    2. conduct that may bring the sport into disrepute.
  3. An allegation of a breach of rule 69.1(a) shall be resolved in accordance with the provisions of rule 69. It shall not be grounds for a protest and rule 63.1 does not apply.
69.2
Action by a Protest Committee
  1. A protest committee acting under this rule shall have at least three members.
  2. When a protest committee, from its own observation or from information received from any source, including evidence taken during a hearing, believes a person may have broken rule 69.1(a), it shall decide whether or not to call a hearing.
  3. When the protest committee needs more information to make the decision to call a hearing, it shall consider appointing a person or persons to conduct an investigation. These investigators shall not be members of the protest committee that will decide the matter.
  4. When an investigator is appointed, all relevant information he gathers, favourable or unfavourable, shall be disclosed to the protest committee, and if the protest committee decides to call a hearing, to the parties.
  5. If the protest committee decides to call a hearing, it shall promptly inform the person in writing of the alleged breach and of the time and place of the hearing and follow the procedures in rules 63.2, 63.3(a), 63.4 and 63.6 except that:
    1. unless a person has been appointed by World Sailing, a person may be appointed by the protest committee to present the allegation.
    2. a person against whom an allegation has been made under this rule shall be entitled to have an advisor and a representative with him who may act on his behalf.
  6. If the person is unable to attend the hearing and
    1. provides good reason, the protest committee shall reschedule it; or
    2. does not provide good reason and does not come to it, the protest committee may conduct it without the person present.
  7. The standard of proof to be applied is the test of the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconduct. However, if the standard of proof in this rule conflicts with the laws of a country, the national authority may, with the approval of World Sailing, change it with a prescription to this rule.
  8. When the protest committee decides that a competitor or boat owner has broken rule 69.1(a), it may take one or more of the following actions
    1. issue a warning;
    2. change their boat’s score in one or more races, including disqualification(s) that may or may not be excluded from her series score;
    3. exclude the person from the event or venue or remove any privileges or benefits; and
    4. take any other action within its jurisdiction as provided by the rules.
  9. When the protest committee decides that a support person has broken rule 69.1(a), rule 64.4 applies.
  10. If the protest committee
    1. imposes a penalty greater than one DNE;
    2. excludes the person from the event or venue; or
    3. in any other case if it considers it appropriate,
  11. it shall report its findings, including the facts found, its conclusions and decision to the national authority of the person or, for specific international events listed in the World Sailing Regulations, to World Sailing. If the protest committee has acted under rule 69.2(f)(2), the report shall also include that fact and the reasons for it.
  12. If the protest committee decides not to conduct the hearing without the person present, or if 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 the same or a new protest committee to proceed under this rule. If it is impractical for the protest committee to conduct a hearing, it shall collect all available information and, if the allegation seems justified, make a report to the national authority of the person or, for specific international events listed in the World Sailing Regulations, to World Sailing.
69.3
Action by a National Authority and ISAF
The disciplinary powers, procedures and responsibilities of national authorities and World Sailing that apply are specified in World Sailing Regulation 35, Disciplinary Code. National authorities and World Sailing may impose further penalties, including suspension of eligibility, under that regulation.