RRoS 2005-08 Pt5c

GROSS MISCONDUCT

69 ALLEGATIONS OF GROSS MISCONDUCT
69.1 Action by a Protest Committee
(a) 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. The protest committee shall promptly inform the
competitor in writing of the alleged misconduct and of the time
and place of the hearing.
(b) A protest committee of at least three members shall conduct the
hearing, following rules 63.2, 63.3, 63.4 and 63.6. If it decides
that the competitor committed the alleged misconduct it shall
either
(1) warn the competitor or
(2) impose a penalty by excluding the competitor and, when
appropriate, disqualifying a boat, from a race or the remaining
races or all races of the series, or by taking other action
within its jurisdiction. A disqualification under this rule
shall not be excluded from the boat’s series score.
(c) The protest committee shall promptly report a penalty, but not a
warning, to the national authorities of the venue, of the competitor
and of the boat owner.
(d) If there is good reason for the competitor not to attend the hearing,
the protest committee shall postpone it. However, if the
competitor has left the event and as a result cannot reasonably
be expected to attend a hearing, the protest committee shall not
conduct one. Instead, it shall collect all available information
and, if the allegation seems justified, make a report to the relevant
national authorities.
(e) When the protest committee has left the event and a report
alleging misconduct is received, the race committee or organizing
authority may appoint a new protest committee to proceed
under this rule.
69.2 Action by a National Authority
(a) When a national authority receives a report required by rule
69.1(c) or 69.1(d), a report alleging a gross breach of a rule,
good manners or sportsmanship, or a report alleging conduct
that has brought the sport into disrepute, it may conduct an
investigation and, when appropriate, shall conduct a hearing. It
may then take any disciplinary action within its jurisdiction it
considers appropriate against the competitor or boat, or other
person involved, including suspending eligibility, permanently
or for a specified period of time, to compete in any event held
within its jurisdiction, and suspending ISAF eligibility under
ISAF Regulation 19.
(b) The national authority of a competitor shall also suspend the
ISAF eligibility of the competitor as required in ISAF Regulation
19.
(c) The national authority shall promptly report a suspension of
eligibility under rule 69.2(a) to the ISAF, and to the national
authorities of the person or the owner of the boat suspended if
they are not members of the suspending national authority.
69.3 Action by the ISAF
Upon receipt of a report required by rule 69.2(c) or ISAF Regulation
19, the ISAF shall inform all national authorities, which may also
suspend eligibility for events held within their jurisdiction. The ISAF
Executive Committee shall suspend the competitor’s ISAF eligibility as
required in ISAF Regulation 19 if the competitor’s national authority
does not do so.