This was an interesting question because of the part that said that Yellow admitted to breaking the rules purposely to help her position. This is a clear violaton of Rule 2, Fair Sailing. Also, as Dave pointed out Rule 41.1(b) is pretty clear that if you break a rule and it gives you an advantage, then you must retire. So in this case Yellow breaks Rules 2, 11 and 41.1(b) and should be disqualified with the score not being excluded from her series score (DNE). Vickie’s Answers were spot on.
Now to the question of Rule 69 and “Gross Misconduct”; Case 65 demonstrates what is required to constitute a violation of Rule 69. In Case 65 the individual knowingly broke a rule and went out of their way to hurt another competitor. I’ve Posted Case 65 for your reference. Rule 69 involves a serious allegation of cheating, which I do not think is applicable in this case.
The other outstanding question is if we can we take a scoring penalty in our Star Racing. The answer is no. The Scoring Penalty must be specified in the Sailing Instructions to be in effect (read Rule 44.1). Also our SI specifies the “Two-Turns Penalty” for a violation of the rules of Part 2 (read Section 10 of our SI).
1. At Position 2, Grey has the right-of-way over all others.
ReplyDelete2. Grey breaks no rules.
3. Green breaks Rule 11.
4. Blue breaks Rule 11.
5. Yellow breaks Rule 11, but she attempted to exonerate herself by flying the yellow flag. However, the Race Committee should notify Yellow that the Race Committee is calling a Rule 69 hearing. Yellow committed a gross breach of good manners and good sportsmanship.
6. As Green and Blue violated Rule 11 only to avoid contact with Yellow, neither should be disqualified. Yellow should not be allowed to exonerate herself and should be disqualified under the provisions of Rule 69.
What is a Rule 69 hearing?
ReplyDeleteRule 69 is a "good sportsmanship" rule. It provides, at (a)
ReplyDelete"When a protest committee, from its own observation or a report received from any source, believes that a competitor may have
committed a gross breach of a rule, good manners or sportsmanship, or may have brought the sport into disrepute, it may call a hearing."
In this case, I believe Yellow deliberately sailed into an untenable position, knowing that she would violate the rules. Attempting to use the scoring penalty would reward her for unsportsman-like conduct.
I agree that Yellow is deliberately braking a rule. But would be hesitant to go to 69 straight away. I think Yellow breaks rule 2 and should be penalised with a DNE.
ReplyDeleteIt looks to me that there is no question that Yellow breaks Rule 2. I'm just not completely sure when it should be elevated to Gross Misconduct in Rule 69. I'm not sure I have a good definition, but, like porn, I can't define it but I know it when I see it and I don't think that what Yellow did was Gross Misconduct. Perhaps someone else has an idea of a good definition.
ReplyDeleteI agree, if you don't use Rule 69, use Rule 2 and make Yellow keep the DSQ.
ReplyDeleteAgree that 69 is not apppropriate here, not to mention a very cumbersome process that can only be brought by the protest committee and may involve reporting the competitor to the national authority. There is an alternative to rule 2 which does not invlove proving bad sportsmanship. Under Rule 44.1 if a boat gains a significant advantage by her breach, she should retire and may not take an alternative penalty. If the protest committee finds that advantage was unfairly gained, the scoring penalty is not available to Yellow and she would be DSQ'd
ReplyDeleteAre we allowed to use a Scoring Penalty instead of the Two Turns Penalty in our Star Fleet racing?
ReplyDelete