Just so everyone understands the situation of the hole in the boat, as I was told, that boat was on Port Tack and was hit by the Starboard Tack boat. I thought there was something in the rules that says you are to avoid a collision at all costs? So, without being there, did the starboard tack boat try to avoid them but "missed", did they hail Starboard, get told to Hold Course and hit them? Was it going upwind or down?
The port tack boat (with the hole) did two 360 turns, then continued racing, with that hole, but was taking on water and retired, then was DSQ'd when the extent of the "substantial damage" was seen, at least that's the way I heard it, but again, I was not there.
So, in that case, what about the starboard tack boat? Is he off clean after putting a hole in another boat?
They both should be penalized if the boat holed had the ooportunity to evade but didn't in a timely manner - meaning you can't "let" someone hit you and get an advantage from it- I guess if the fouled boat did not see the offending boat AT ALL you could say they had no idea of what was about to hit them... but then you could argue they should be penalized for not being aware of their surroundings (?). Hailing starboard doesn't have anything to do with it really IMO- especially at this level. As Rick said at one of his sailing seminars... hailing starboard (unless the other boat clearly doesn't see you) is nothing more than a "beating your chest" move.
before dingo gets on my case... this is a rule discussion and has nothing to do with the actual racing or even the actual situation other than it brings up a good opportunity to discuss and clarify rules.