Rule 69 and Arbitration

   I protested a competitor under Rule 69 and indicated on the protest form that Arbitration would be acceptable.

An Arbitrator decided that the protestee had broken Rule 69 and disqualified the competitor from that race.

The protestee's results currently show "DSQ". I was under the impression that a disqualification under Rule 69 should appear as a non-discardable disqualification.

I've read through Rule 69 and I'm not sure whether there has to be a formal protest hearing for a non-discardable disqualification to be handed out, or whether such a penalty can be given on the basis of Arbitration.

Can anybody advise, please?

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Solo4652 Send Private Message Find Member's Posts Visit Member's Homepage Groupie Joined: 08 Apr 15 Location: Stockport Online Status: Offline Posts: 71	Post Options Post Reply Quote Solo4652 Report Post Quote Reply Topic: Rule 69 and Arbitration Posted: 10 Aug 15 at 11:12am
	I protested a competitor under Rule 69 and indicated on the protest form that Arbitration would be acceptable. An Arbitrator decided that the protestee had broken Rule 69 and disqualified the competitor from that race. The protestee's results currently show "DSQ". I was under the impression that a disqualification under Rule 69 should appear as a non-discardable disqualification. I've read through Rule 69 and I'm not sure whether there has to be a formal protest hearing for a non-discardable disqualification to be handed out, or whether such a penalty can be given on the basis of Arbitration. Can anybody advise, please?

JimC Send Private Message Find Member's Posts Visit Member's Homepage Really should get out more Joined: 17 May 04 Location: United Kingdom Online Status: Offline Posts: 6661	Post Options Post Reply Quote JimC Report Post Quote Reply Posted: 10 Aug 15 at 12:18pm
	Umm, I wonder if the penalty is being reported to the RYA as required. If so doubtless they'll comment on any errors in procedure. If I were the club I'd seek guidance from the RYA on this one, not forum advice. As soon as you impose a penalty under 69 it becomes a significant event. Personally I'd have grave doubts about whether arbitration was appropriate for RRS69, but that is a completely personal opinion. My reading of the RYA disputes procedure (http://www.rya.org.uk/racing/racingrules/Pages/rules-disputes-process.aspx) also suggests that an arbitration hearing should not be issuing a DSQ. Were I the arbitrator, I hope that as soon as it became clear that the incident were more serious than a warning then I would have closed the arbitration hearing and gone for a full PC. Wonderful thing, hindsight! Edited by JimC - 10 Aug 15 at 12:50pm

Brass Send Private Message Find Member's Posts Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1151	Post Options Post Reply Quote Brass Report Post Quote Reply Posted: 10 Aug 15 at 1:48pm
	The RYA Misconduct Guidance just doesn't contemplate rule 69 processes involving arbitration, and IMHO you would exceedingly unwise to attempt to arbitrate a rule 2. The only outcomes of RYA Arbitration are: no rule broken; acceptance of an exoneration penalty; retirement; referral to a full protest hearing. There is no provision for disqualification to follow from Arbitration. The only outcomes of a rule 69 hearing by a protest committee are: no rule broken; warning a competitor; excluding the competitor and, when appropriate, disqualifying a boat, from one or more races where a disqualification under this rule shall not be excluded from the boat’s series score. Neither of these processes can yield a simple DSQ.

Solo4652 Send Private Message Find Member's Posts Visit Member's Homepage Groupie Joined: 08 Apr 15 Location: Stockport Online Status: Offline Posts: 71	Post Options Post Reply Quote Solo4652 Report Post Quote Reply Posted: 10 Aug 15 at 3:03pm
	Thanks for the replies. Since I am the protestor, and the potential outcomes for the protestee (and the club in terms of admin, reports, potential full Protest Committee) could be quite serious, I don't think I can contribute to this message thread now. I'll leave it to the club's Sailing Committee to decide the best way forward.