1. NATIONAL CONFERENCE
Michael O’Connor – International Judge

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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)

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