Friday, 24 October 2008

Seminar Preparations | 10

How much time did it take you to come up with the answer from yesterday's question?
Be honest - longer than you thought!

In my opinion rule 62.1 (d) does permit redress for a warning under rule 69 against a competitor. The wording used in the rule is "disciplinary action"! Not "a penalty" or "has been penalized". A warning is a disciplinary action against a competitor who has committed the alleged misconduct.

Perhaps an example?
A young sailor trows a soft drink can in anger away in the boat park. It hits a boat and holes the deck. That boat has to go to the repair shop and cannot sail in the race the next day.

The competitor who has thrown the can is called into a hearing under rule 69, admits he threw the can and is sincerely sorry, apologizes and offers to pay for the damage. In light of the age of the sailor, his admitting of the facts and his remorse, not to mention his offer to pay, the PC decides to give him a warning instead of a DGM.
The boat that missed the race the next day can ask for redress because the outcome of the Rule 69 hearing confirmed the misconduct and disciplined the culprit with a warning.

This concludes the posting series on Seminar Preparation.

1 comment:

  1. Sorry Jos but a warning is an advice, not an action.
    The situation you described is under 60.3a. Jury can protest the trower at the hearing.


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