Implications of Q&A #6 of WS Q&A 2017-007 Basic Principles - Sportsmanship
Nationality: United States of America
- Judge In Training
- Fleet Measurer
Created: 17-Dec-14 16:47
I first posted this as a comment, but deleted that and thought it might deserve its own thread.
#6 of WS Q&A 2017-007 Basic Principals - Sportsmanship is as follows:
After our recent threads about R2, Basic Principles and this Q&A (Q&A 2017-007), it's got me thinking ...
Question 6: If the answer is that a boat is obliged to retire after a race or event as soon as she becomes aware that she broke a rule, but does not do so, would this amount to misconduct in terms of rule 69?
Answer 6: An action by the protest committee under rule 69 would only apply if the protest committee believes that the competitor may have committed misconduct.
Here is the scenario:
69.1.(a) 1: Misconduct is conduct that is a breach of good manners, a breach of good sportsmanship, or unethical behaviour
- Boat A fouls Boat B (added after orig post) .. and the foul is clear to both boats.
- Boat B makes a bunch of noise, but delays calling "Protest" by about 10 secs and it takes them more than 1 min to get the flag up (no excuse, crew and skip not otherwise occupied).
- Boat A does not take any on-the-water penalty.
- As the boats separated, Boat A looked for Boat B's protest flag for about 30 sec .. and then sailed on. Boat A didn't see Boat B's flag until after finishing.
- Boat B files a protest within the time limit.
- On shore, prior to the Hearing, another competitor, Boats C, says they heard the commotion and asks the skipper of Boat A what all the fuss was about with Boat B. Skipper of Boat A admits that he made a miscalculation and fouled Boat B, but that he watched for quite a while and didn't see the protest flag so he assumed that Boat B "let me go". Boat A says he's confident the protest will be tossed because of lack of notice.
- Boat C tells the PC that Skipper A admitted to the foul.
- PC tosses protest because of lack of timely on-the-water notice (call and flag).
Basic Principle: A fundamental principle of sportsmanship is that when competitors break a rule they will promptly take a penalty
Since a breach of good sportsmanship is "misconduct" and taking a penalty is fundamental to sportsmanship ...
Q1) Based on the report from Boat C, can the PC open a misconduct hearing after they toss Boat B's protest to hear testimony of Boat C and/or ask Boat A directly if he fouled Boat B?
Q2) If 'yes' to Q1, should they?