10 – MisconductBasic PrincipleCompetitors in the sport of sailing are governed by a body of rules that they are expected to follow andenforce. A fundamental principle of sportsmanship is that competitors break a rule they will promptly take apenalty, which may be to retire.When this does not occur (or other misconduct occurs), the RRS has several rules to address such situationsFair Sailing (rule 2)A boat and her owner shall compete in compliance with recognized principles of sportsmanship and fair play.A boat may be penalized under this rule only if it is clearly established that these principles have been violated.The penalty shall be either disqualification or disqualification that is not excludable.Some examples are: • Crew reaching out and deliberately touching another boat, and then protesting that boat for failing to keep clear (Case 73) • An experienced helmsman of a port-tack boat hails “starboard” to a less experienced sailor who although on starboard tack, isn’t sure of himself and, worried about having his boat holed, tacks onto port tack to avoid a collision (Case 47) • A skipper knows s/he is OCS but decides to sail the race anyway to see how s/he does. (Case 31) • A boat hit the pin boat and continued racing w/o taking a penalty. At the hearing she acknowledges hitting the pin boat and testifies that, being glad to compete at a WC, she figured this would be a “practice race” and kept on sailing to gain experience.The critical determinant of a rule 2 decision is the intent of the Party involved. The PC must determine thatthe competitor clearly knew that s/he broke a rule but, for example, continued to race anyway. (Case 73 vs.Case 74). The decision to assess a non-excludable (DNE) penalty will depend on the egregiousness of theinfraction.Rule 2 violations generally occur on the water, and usually can be handled by a competent protest committeethat includes at least one certified judge. If in doubt, contact your RAJ for advice as to how to proceed.Gross Misconduct (rule 69)69.1 Obligation not to Commit Gross Misconduct(a) A competitor, boat owner or support person shall not commit an act of misconduct.(b) Misconduct is: (1) conduct that is breach of good manners, a breach of good sportsmanship, or unethical behavior; or (2) conduct that may bring the sport into disrepute.(c) 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.Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 10-1
Misconduct - ContinuedSome Examples described in World Sailing CasesHindering another boat may break rule 2 and may also result in a rule 69 action (Case 34)When a boat knows she has broken the Black Flag rule, she is obliged to retire promptly. When she does notdo so and then deliberately hinders another boat in the race, she commits a gross breach of sportsmanshipand of rule 2, and her helmsman commits a gross breach of sportsmanship. (Case 65)When a boat is racing and meets a vessel that is not, both are bound by government right-of-wayrules. When, under those rules, the boat racing is required to keep clear but intentionally hits the other boat,she may be penalized for gross misconduct. (Case 67)Some Potential Situations • The helmsman of the winning boat used extremely foul language when the crew executed a very poor spinnaker takedown, and the outburst was heard by a number of spectators. • Immediately following a race in which he lost a very close finish, Competitor X deliberately collided with another boat and used abusive language. • A competitor participates in a protest hearing and, after leaving the protest room, is overheard making disparaging comments about the protest committee.Parties• During a protest hearing one of the gets angry and starts swearing at the members ofPartythe PC and/or the other. • At a junior regatta a group of kids (competitors) was drinking beer in the dry sail area. • At a leeward mark rounding during a Junior Sabot Regatta an outside boat reached over, unscrewed the leeboard fitting handle of the inside boat and dropped the handle in the water so that the inside boat could not continue racing.Note that incidents that rise to the level of a rule 69 hearing may occur on or off the water. Rule 69 hearingsare very serious matters that incur legal obligations and require special handling in accordance withprocedures established by US Sailing. They must be conducted only by very experienced judges at least one ofwhom has prior experience conducting a rule 69 hearing.Uncertified PC members and Club Judges should contact their RAJ (and ombudsman) for guidance in how tohandle a potential rule 69 matter. The PC should follow processes described in US Sailing Judges Manualand RRS Appendix M, particularly RRS M5 (Misconduct).Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 10-2
11 – RedressSession 11 - Redress Redress, different from a Protest, provides for corrective measures for certain situations.•Redress is a corrective mechanism•Boats cannot protest the RC, PC or OA[RRS 60.1(a) “boat”]•Boats can request redress [RRS 60.1(b)]Presented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 116 Special Note for Redress Protest Committee members should be aware of several prescriptions Remember the US Sailing Prescrip ons for handling Requests for that would apply during Redress Redress hearings.RRS 60 Especially the prescriptions to rules 60 and 63• US Sailing prescribes that rule 60.3(b) is changed to: (b) request redress for a boat to call a hearing to consider redress; or Boats added under the prescription to RRS 60 become a Party to theRRS 63.2 hearing with full rights• US Sailing prescribes that when redress has been requested or is to be considered for one or To satisfy the prescription to RRS more boats: 63.2: Modify the protest hearing (a) Any other boat may par cipate in the hearing. notice to include sufficient (b) The protest commi ee shall make a reasonable a empt to no fy all boats of the me information be allowed reasonable me to prepare for the hearing. (c) The protest commi ee shall request redress for the other boats that par cipate in the Allow time for sailors to see the hearing or request in wri ng to do so, making them par es to the hearing. It need notice and submit the required not state a reason for such a request; this changes rule 62.2. written request to participate in the redress hearing• Can be turned off in SIsPresented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 117Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 11-1
Special Note for RedressNo ce Board Pos ng Notice of a Request for Redress HearingDate Class RaceEvent has asked for redress in the following matter:Boat/Sail No.Any boat competing in this Class in this Event that wishes to participate in a hearing to be held on at hours, please SIGN UP below. ONLY one (1) participant per boat may attend hearing. COMPETITOR’S NAME SAIL #For the Protest Committee:Posting Date & Time:Presented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 118 Redress Validity – [RRS 62.2]•Must be in writing, and meet a time limit• The protest time limit or two hours after the incident, whichever is later• Can be extended (“…shall be extended ...If there is good reason to do so.”)•No protest flag required•No hail requiredPresented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 119Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 11-2
Redress Qualifying for Redress (Rule 62.1)A request for redress or a protest commi ee’sdecision to consider redress shall be based on aclaim or possibility that a boat’s score or place ina race or series has been or may be, through nofault of her own, made siagnific ntly worse byPresented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 120 Redress Only Acceptable Reasons (Rule 62.1)(a) an improper ac on or omission of the race commi ee, protestcommi ee, organizing authority or technical commi ee for the event,but not by a protest commi ee decision when the boat was a party tothe hearing;(b) injury or physical damage because of the ac on of a boat that wasbreaking a rule of Part 2 or of a vessel not racing that was required tokeep clear;(c) giving help (except to herself or her crew) in compliance with rule1.1; or(d) an ac on of a boat, or a member of her crew, that resulted in apenalty under rule 2 or a penalty or warning under rule 69.2(h).Presented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 121Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 11-3
World Sailing CASE 110Rule 62.1(b), RedressA boat physically damaged from contact with a boat that was breaking a rule of Part 2 is eligible for redressonly if the damage itself significantly worsened her score. Contact is not necessary for one boat to cause injuryor physical damage to another. A worsening of a boat’s score caused by an avoiding maneuver is not, by itself,grounds for redress. ‘Injury’ refers to bodily injury to a person and, in rule 62.1(b), ‘damage’ is limited tophysical damage to a boat or her equipment.Assumed FactsBoat B is required to keep clear of Boat A. However, B collides with A, turning A 180 degreesbefore she is able to continue sailing to the next mark. A loses five finishing places because ofthe incident. She protests B and requests redress under rule 62.1(b). During the hearing, it isestablished that there was physical damage to A but that the damage itself did not affect herability to proceed in the race at normal speed. A’s protest is upheld and B is disqualified.Question 1Is A entitled to redress?Answer 1No. Under rule 62.1(b), the damage itself must be the reason a boat’s score is madesignificantly worse. In this case the damage had no effect on A’s score.Question 2Must contact between the boats occur in order for redress to be granted under rule 62.1(b)?Answer 2No. A boat that suffers injury to a member of her crew or physical damage while acting toavoid contact with a boat that has broken a rule of Part 2 may be entitled to redress if theinjury or damage is found to have made her score significantly worse and was not her fault.Question 3If there had been no collision because A had been able to avoid B by changing course 180degrees, but A lost five places as a result, would she have suffered ‘injury’ or ‘damage’ asthose terms are used in rule 62.1(b)?Answer 3No. ‘Injury’ in the racing rules refers only to bodily injury to a person, and ‘damage’ is limitedto physical damage to a boat or her equipment.Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 11-4
Redress PC Requirements•Redress cannot be granted without a hearing[RRS 63.1]•PC must make as fair an arrangement aspossible for all boats concerned [RRS 64.2]•PC must consider all boats affected, whetheror not they requested redress [RRS 64.2]Presented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 124 Redress Fair Arrangements• Scoring adjustments in Rule A10 • Position @ last mark • Time adjustment • Average points• Fairest arrangement may be to do nothing• Abandon race – last resort• If multiple panels run redress by chief judge for consistencyPresented by US Sailing Judges Commi ee (v January 1, 2017) © 2017 US Sailing – All rights reserved. 125Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 11-5
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12 – SOARSUS Sailing requires both prospective and Certified Race Officials, including Club Judges, to maintain an up-to-date Sailing Officials Automated Reporting Systems (SOARS) account.SOARS documentationUS Sailing has released the second version of SOARS (i.e., SOARS 2.0). We strongly recommend that youtake a look at the SOARS documentation, which can be found at:www.ussailing.org/wp-content/uploads/DARoot/Race Admin/SOARS 2.0/Using Your SOARS Log.pdfThe following provides excerpts from this documentation. Please refer back to the documentation fordetails and additional information.Setting up or Logging in SOARSTo set up your SOARS account, log on to www.ussailing.org/SOARS/MainMenu.aspxMain Screen © 2017 US Sailing – All rights reserved. Page 12-1 SOARS will take you to the main screen:Presented by US Sailing Judges CommitteeLast Modified: 14 February 2017
From the Main Screen, SOARS allows you to see and manage information used for certification and otheruseful attributes.Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 12-2
13 – Staying Up to Date Becoming a Certified Club Judge Have and maintain US Sailing Membership Take the seminar Pass the test – 80% (40 correct answers for 50 questions) Own the rule book, appeals/cases and judges manual Obtain recommendation of local sailing organization officer Obtain recommendation from seminar lead instructor based on performance in the mock hearings. Recommendation from one certified judge or national judge based on performance in actual regatta hearing. Participation in 3 hearings where facts were found (e.g. not invalid). Maintain record of activity in SOARS Obtain approval of RAJ.Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 13-1
14 – Club Judge TestOnline • Online practice test available http://www.ussailing.org/race-officials/judges/judge-programs/ https://www.classmarker.com/online-test/start/?quiz=jph56ec1e8863154Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 14-1
Online Test Link to Actual Online Test sent after seminar Test allows person to use: (open book) • RRS • US Sailing Judges Manual No outside help or rules advisors! Test Format • Test Contains Two types of questions • True/False questions • Diagram questions • Scoring • 50 questions • Passing score is 80% • Time Limit • 60 MinutesPresented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 14-2
15 – Around the CourseLet’s explore the Part 2 (and potentially other) rules by going through a “virtual” race!Heads-up!This Participant’s Notebook purposely does not reproduce the slides in this session. We suggest using thispage for any notes or questions that you may have.Notes:Presented by US Sailing Judges Committee © 2017 US Sailing – All rights reserved.Last Modified: 14 February 2017 Page 15-1
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