CASE 34

Rule 2, Fair Sailing
Rule 62, Redress
Rule 69.1, Allegations of Gross Misconduct: Action by a Protest Committee

Hindering another boat may be a breach of rule 2 and the basis for granting redress and for action under rule 69.1.

Summary of the Facts
As the sixth and final race of a championship series began, A’s accumulated score was such that the only way she could lose the prize was for B to finish ahead of her and among the first three of the 48 competitors. A crossed the line early and was recalled by loud hailer. About 70 to 100 metres beyond the starting line, she turned back, but she had sailed only some 20 to 30 metres towards the line when she met B, which had started correctly. Instead of continuing toward the pre-start side of the line A turned and sailed on top of B.

The race committee hailed A again that she was still above the line and received a wave of acknowledgement in return, but A continued to sail the course, hindering B throughout the windward leg. When A and B reached the windward mark, they were last but one and last respectively, whereupon A retired. B ultimately finished in 22nd place.

Since it was obvious to the race committee that A continued to race solely for the purpose of hindering B, it protested A under rule 2. A, which had been scored OCS, was then disqualified for breaking rule 2. She appealed, asserting that she believed she had returned and started correctly.

Decision
Appeal dismissed. The disqualification under rule 2 was appropriate. B could have requested redress and was entitled to receive it under rule
62.1(d).

The facts show gross breaches of rule 2 and of sportsmanship. Such deliberate attempts to win by unfair means should be dealt with severely. The protest committee could also have called a hearing under rule 69.1, as a result of which it could have disqualified A from the entire series. Such action would have been well within the spirit of the racing rules.

NSF 1975/1