SECTION C - GROSS MISCONDUCT

69 ALLEGATIONS OF GROSS MISCONDUCT

69.1 Obligation not to Commit Gross Misconduct
(a) A competitor shall not commit gross misconduct, including a gross breach of a rule, good manners or sportsmanship, or conduct bringing the sport into disrepute. Throughout rule 69, ‘competitor’ means a member of the crew, or the owner, of a boat.

(b) An allegation of a breach of rule 69.1(a) shall be resolved in accordance with the provisions of rule 69.

69.2 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 broken rule 69.1(a), it may call a hearing. If the protest committee decides to call a hearing, it shall promptly inform the competitor in writing of the alleged breach and of the time and place of the hearing. If the competitor provides good reason for being unable to attend the hearing, the protest committee shall reschedule it.

(b) A protest committee of at least three members shall conduct the hearing, following the procedures in rules 63.2, 63.3(a), 63.4 and 63.6.

(c) If it is established to the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconduct, that the competitor has broken rule 69.1(a), 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.
If the standard of proof in this rule conflicts with the laws of a country, the national authority may, with the approval of the ISAF, change it with a prescription to this rule.

(d) 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. If the protest committee is an international jury appointed by the ISAF under rule 89.2(b), it shall send a copy of the report to the ISAF.
(e) If the competitor does not provide good reason for being unable to attend the hearing and does not come to it, the protest committee may conduct it without the competitor present. If the committee does so and penalizes the competitor, it shall include in the report it makes under rule 69.2(d) the facts found, the decision and the reasons for it.

(f) If the protest committee chooses not to conduct the hearing without the competitor present or if the hearing cannot be scheduled for a time and place when it would be reasonable for the competitor to attend, the protest committee shall collect all available information and, if the allegation seems justified, make a report to the relevant national authorities. If the protest committee is an international jury appointed by the ISAF under rule 89.2(b), it shall send a copy of the report to the ISAF.

(g) When the protest committee has left the event and a report alleging a breach of rule 69.1(a) is received, the race committee or organizing authority may appoint a new protest committee to proceed under this rule.

69.3 Action by a National Authority or Initial Action by the ISAF
(a) When a national authority or the ISAF receives a report alleging a breach of rule 69.1(a) or a report required by rule 69.2(d) or 69.2(f), it shall conduct an investigation, in accordance with its established procedures, and, when appropriate, 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. The national authority shall promptly inform the other national authorities involved and the ISAF of its decision and reasons, even if its decision is to take no further action.

(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 69.3(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.

69.4 Subsequent Action by the ISAF
Upon receipt of a report required by rule 69.3(c) or ISAF Regulation 19, or following its own action under rule 69.3(a), 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.