NATIONAL CONFERENCE Michael O’Connor – International Judge

Misconduct and Sportsmanship RRS14 Damage ISA Presciptions RRS 2 Fair Sailing RRS 69 Intro Disciplinary Code (ISAF Reg 35) into RRS for 2016 ISAF Disciplinary Commission and Review Board Court of Arbitration of Sport

Protest Committees Important Role Judge on and add Rule 14 where applicable Note ISA prescriptions – no adjudication on damage claims Must hear all protests under Rule 2 Can investigate and hold hearings under Rule 69 CRITICAL Finding the Facts

Finding the Facts and Conflict Resolution Initial reports – hear to help Encourage information to come forward - approachable Open questions – no sides Service provider Receive a report – protest or observation/report on fair play or misconduct Agree the process Follow it with a check list & don’t rush Do not express opinions on anything – silence Finally decide how to proceed

Dissent Find the facts Resolve the conflict (if possible) Consider calling a hearing about a hearing Better to call a hearing and find allegation unsubstantiated than not at all Duty to all sailors and officials – the sport does not tolerate bad behaviour Diagrams – Dissent Flow Chart Examples of GROSS Misconduct (Rule 69 candidates) Example of Rule 2 fair sailing Differences in process Rule 69 v Rule 2 Level and types of penalty

Role of Protest Committees - R69 Jurisdiction from when competitors arrive at event until they leave Can the incident be reasonably associated with the event Complaint from outside party – may have brought the sport into disrepute Could be after the event if still ‘associated’ Does not preclude action by a Club Notes a class disciplinary ethos – dialogue PC, Class, RC Could be best left to the Class – must must be sure of real steps – and unable to go back afterwards Confidentiality NB on R69 Protest Cttes can act without a report but on observation and from prior hearings valid or invalid Must give written notice, allegation and time/place for a 69 hearing

Finding Decisions under R69 The ‘comfortable satisfaction’ test Allows slide scale of penalty NOT balance of probabilities (normal hearings) NOT beyond reasonable doubt Q “Are you uncomfortable based on the evidence of finding the competitor guilty?” Legal threats – record and continue Follow the rules and document to the letter – use check lists and give a fair and impartial hearing Can be reopened Can be appealed (if not previously denied in the SI’s)

Role of ISA Set the policy through the Board Hear Appeals from decisions of PCs Consider reports from 69.2 and 69.3 hearings if necessary Make prescriptions to the RRS, provide best practice etc Can carry out its own investigations and hearings.