PART 5
Whichever the type of hearing, each with their own specific processes, the outcome from an offence by a support person is governed by rule 64.4, Initially, there is a limited choice of personal sanctions against the support person. That includes a warning (see below), exclusion, and withdrawal of privileges or benefits. The protest committee is also given a more general power to ‘take other action within its jurisdiction as provided by the rules’. It is not clear what this might be, but there must be some document governing the event that empowers the protest committee to go further than the options already mentioned with regards to support persons.
The rule does not require the competitor(s) in the boat to have been complicit with the actions of the support person – if they were aware that the support person had made illegal modifications to the boat, they too would be open a hearing for breaking rule 69, Misconduct. (That might arise from evidence in the hearing against the support person.) If the support person is found to have sabotaged a competitor boat, the supported boat can be penalized even if the crew knew nothing about it. Note there does not need to be an actual advantage gained, just the possibility of it.
Since the supported boat is automatically a party to a hearing against a support person, it is important for the boat to be notified of the hearing and to be present, especially where there is a possibility of there having been a competitive advantage. Evidence and questions will enable the involvement and knowledge of the boat’s crew to be determined.
The rule does not directly specify the content of a warning, When a support person is warned, it is implicitly that repetition of the behaviour or fresh misbehaviour will result in further sanctions against the support person. Rule 64.4(b) (2) goes further and contemplates that a warning in theses terms can be repeated to the associated competitor. When that is done, and there is then a further breach by the support person, the competitor can be penalized in addition to any further sanctions against the support person. It would seem sensible for a protest committee, when initially issuing a warning to a support person, to repeat it to a related competitor, to keep open this option.
The protest committee can go further, and disqualify, or worsen the score of, the boat of a competitor associated with the support person when the competitor may have gained from the support person’s breach.
Rule 65 65.1 65.2 INFORMING THE PARTIES AND OTHERS
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.
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 class rule, it shall send the above information to the relevant class rule authorities.
Appendix M 3.5, says that if time is pressing, announce the decision and give the reasons later. Neither the rule nor Appendix M remind the protest committee to tell the scorers of the decision as soon as possible if it will change the results.
Rule 65.3 is sometimes overlooked by protest committees.
When A10(a) or A10(b) redress is given, I recommend referring specifically to the relevant rule in the redress decision. Just writing ‘average points’ is not specific enough. I then try to check the scorers’ calculations when the results are posted. If it is done manually, mistakes can be made, and incorrect or inappropriate methods used. When A10(a) is used, resulting in a potential change to the value of a redress score from race to race, a further check after further races is sensible1
. 1 See the General Guidance to Scoring under Appendix A, at the end of this book. Computer scoring programs have been known to be wrong. 218 RYA The Racing Rules Explained
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