Forum: Protest Committee & Hearing Procedures

Suspension of "Competition Eligibility" under the WS Eligibility Code Section 5.1(b)

P
Angelo Guarino
Forum Moderator
Nationality: United States
OK .. I've stared at this a few time now, and I want to make sure I understand Eligibility Code 5.1(b).  

First, "Competition Eligibility" is the first thing defined in the Eligibility Code.  Here is it .. 

EC 1.1 Competition Eligibility
1.1 An individual shall have Competition Eligibility unless that eligibility has been suspended or revoked. 'Competition Eligibility' means the individual has a general entitlement to take part in competition in the sport of sailing.

Then revoking Competition Eligibility is handled in Section 5.

5. Suspension or revocation of Competitor Eligibility or World Sailing Eligibility
5.1 Competition Eligibility or World Sailing Eligibility (or both) may be suspended or
revoked:
(a) by a National Authority (for events within its own jurisdiction) or by World Sailing:
   (i) for a breach of RRS 69.1(a); or
   (ii) for competing, within the preceding two years, in an event that the competitor knew or should reasonably have known was a Prohibited Event; or
(b) for a breach of RRS 5.
World Sailing’s powers in this Regulation are in addition to the provisions of RRS 69.

OK .. so a breach of RRS 5 applies only to OA's, Committees, Officials  .. 

5 RULES GOVERNING ORGANIZING AUTHORITIES AND OFFICIALS
  The organizing authority, race committee, technical committee, protest committee and other race officials shall be governed by the rules in the conduct and judging of the event.

So, the only way I can make sense of why RRS 5 works here, is if we read EC 1.1's "take part in competition in the sport of sailing" as including "officiating" (RC's, PC's, TC's) and organizing events (OA's).  That "taking part in the sport of sailing" is not just competing in the sport of sailing but being involved at the OA/Committee level as well.

OK .. so let's assume that's correct.  Now RRS 5 applies to OA's and committees as well as individual officials.  But "Competition Eligibility" applies only to individuals .. "An individual shall have Competition Eligibly .. ".

So, I'm trying to string the pearls here .. an OA or Committee breaks RRS 5 and somehow the process will be segmented down to the individual level .. and those officials will be suspended?
Created: Wed 20:18

Comments

Format:
P
Angelo Guarino
Forum Moderator
Nationality: United States
I think one of the reasons I'm finding this confusing is that:
  1. In the title of EC 5 they use "Competitor Eligibility" instead of "Competition Eligibility" (maybe a typo) 
  2. Then in 5.1(a)(ii), it's "competing in .." not "... taking part in ..." as used the definition ... so 5.1(a)(ii) can only apply to competitors I guess.
Created: Wed 21:33
P
John Allan
Nationality: Australia
Ang, you may be overcomplicating this.

AIUI it means that if a race official is found to have misconducted themselves by breaking a rule in the conduct or judging an event, say a judge failing to declare a conflict of interest as required by RRS 63.3(a), in addition to any sanction or restriction on officiating, they may have their eligibility to compete in other events suspended or revoked.
Created: Wed 22:06
P
Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 19622 - John Allan
John ... so you are saying the use of "take part in" instead of "compete" in EC 1.1 isn't intended to capture beyond a competitor's eligibility?

I guess it would have been so natural to just say .. 

"general entitlement to compete in the sport of sailing" 

instead of 

"... general entitlement to take part in competition in the .."

.. that the phrasing used (combined with the RRS 5 ref) seemed to be purposeful to capture something broader. 
Created: Thu 12:57
P
John Allan
Nationality: Australia
IMHO 'take part in competition' is synonymous with 'compete.

In no way would I agree that a race official, officiating at a race is 'taking part in the competition'.

I don't think the drafters of WS rules, regulations or codes are immune from unnecessary elegant variation. and I am a bit choosy about what inconsistencies I consider to be meaningful or intentional.

I note that exclusion from officiating is well covered by the various provisions for complaints against and misconduct by officials.

To the extent that you are concerned about corporate breaches by OAs or committees, when dealing with a complaint, a MNA or WS would have the option of whether to identify and sanction individual race officials within those bodies, or not.  I would not normally expect a sanction to be automatically applied to every member of a committee.
Created: Thu 14:04
P
Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 19625 - John Allan
John .. thanks for your POV. No "concern" here on my part .. just a want of understanding. 
Created: Thu 14:31
[You must be signed in to add a comment]
Cookies help us deliver our services. By using our services, you agree to our use of cookies. Learn more