Racing Rules: Rule 69 and Arbitration

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Rule 69 and Arbitration

Printed From: Yachts and Yachting Online
Category: General
Forum Name: Racing Rules
Forum Discription: Discuss the rules and your interpretations here
URL: http://www.yachtsandyachting.com/forum/forum_posts.asp?TID=12118
Printed Date: 26 Jun 25 at 3:13pm
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Topic: Rule 69 and Arbitration

Posted By: Solo4652
Subject: Rule 69 and Arbitration
Date 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?

Replies:

Posted By: JimC
Date 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!

Posted By: Brass
Date Posted: 10 Aug 15 at 1:48pm

The http://www.rya.org.uk/SiteCollectionDocuments/Racing/RacingInformation/RacingRules/RYA%20Guidance%20-%20Misconduct%20-%20a%20Reference%20for%20Race%20Officials%20-%2001.13.pdf" rel="nofollow - 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.

Posted By: Solo4652
Date 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.