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Author Topic: Rejection of Entries - Member Feedback Wanted  (Read 425 times)
wnethercote
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Posts: 102


« on: May 04, 2019, 06:59:27 PM »

This was a topic intended for the 2019 Annual Meeting, but poor attendance prevented its discussion.  We have an opportunity to add it to the next on-line ballot, but before doing so, member input would be valued.

During the run-up to the 2019 Gold Cup the Governing Committee became aware of the possibility of an entrant to the event who was generally regarded as a reckless sailor, if not unsafe.  It was of concern to the Governing Committee because of a member’s right to sail in the Gold Cup and Continental Regattas, whether under IDNIYRA or IDNIYRA EU governing documents, or the NIA rules.  In the end, the sailor did not enter the Gold Cup and NAs, but the concern remains.

The ‘soft-water’ rules allow for exclusion of entries and It is suggested that the IDNIYRA by-laws be amended to allow for rejection of entries.  Ultimately, such provisions might be transferred to the EPIC agreement, were it accepted by IDNIYRA.

The soft water rules consider exclusion of competitors for soft-water sailors:

"EXCLUSION OF BOATS OR COMPETITORS
76.1
The organizing authority or the race committee may reject or cancel the entry of a boat or exclude a competitor, subject to rule 76.3, provided it does so before the start of the first race and states the reason for doing so. On request the boat shall promptly be given the reason in writing. The boat may request redress if she considers that the rejection or exclusion is improper."

US Sailing prescriptions to this rule add that “an organizing authority or race committee shall not reject or cancel the entry of a boat or exclude a competitor eligible under the notice of race or sailing instructions for an arbitrary or capricious reason or for reason of race, colour, religion, national origin, gender, sexual orientation, or age.”

It is proposed that the following provision be added to the IDNIYRA by-laws, either under the race system or racing rules sections.
 
"Notwithstanding members’ rights to sail in IDNIYRA regattas (IDNIYRA Constitution Article V.A or Organization of the INDIYRU EU Article 2.c) The organizers may reject or cancel the entry of a sailor or exclude a sailor from competition provided the organizers do so before the start of the first race of a series and state the reasons for doing so.  Such reasons will normally constitute a breach of the common sense, safety or good sportsmanship components of NIA, Part IV, A, Fair Sailing. Approval of a majority of available Governing Committee members is required for such action.  On request the sailor shall be given the reason in writing.  The sailor may protest the action in accordance with NIA, Part V, Protest, Disqualifications, Appeals, but only on the basis that the action was unjustified or improper. The protest shall be heard at the close of registration.

An entry for a sailor eligible under the notice of race or sailing instructions shall not be rejected or cancelled for an arbitrary or capricious reason or for reason of race, colour, religion, national origin, gender, sexual orientation, or age."

Again, if you have views on this, please post a response.

Warren Nethercote, Commodore IDNIYRA
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DN 805
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Posts: 267


« Reply #1 on: May 26, 2019, 08:14:30 PM »

I am unable to favor the adoption of the policy to reject an entry on the grounds that the entrant MAY violate a sailing rule.
Besides it being simply unfair to punish someone before a crime is committed, this type of penalty  tends to damage
one's  reputation and can result in litigation that is costly to all involved.  When a sailor violates the sailing rules, the first
step is to file a protest.   If the sailor subsequently ignores the sailing rules, then the governing committee should
have a meeting with the violator to discuss the issues, recommend  that the sailor seriously consider the severity
of his actions, offer assistance in overcoming the negative behavior, and ask for resignation if the sailor finds he/she
is unable to comply with the sailing rules.

DN 805
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