From the other thread:
Of course, there's almost zero chance that anyone would get redress for this, since it doesn't meet the RRS 62.1 requirement of "no fault of her own."
Well, actually, I believe that it would be redressable. Take a look at ISAF Case 80
http://www.sailing.org/tools/documents/CaseBook20092012-[7029].pdf, which is a nearly identical to this discussion. It states:
A protest hearing and decision must be limited to a particular incident that has been described in the protest. Without a hearing, a boat may not be penalized for failing to sail the course.
In Case 80, RC scored a boat DNF for failing to sail the course. She requested redress on the grounds that she had finished properly but was not given a finishing place. Protest Committee did not give redress because she "...failed to sail the course and that her failure to do so was entirely her own fault and not due to an act or omission of the race committee."
The appeal was upheld. Race committee can only score a boat DNF for failing to satisfy the definition of
finish. Given that she did
finish, it was improper for RC to score her DNF. The protest committee erred by not limiting the hearing to the incident described - i.e. the finish. To quote the casebook:
When the protest committee considered whether or not A sailed the course, it improperly expanded the hearing beyond the incident that was the subject of A's request for redress.
Moral: Race committee may score a boat accordingly for not
starting or not
finishing, or for voluntarily taking a penalty (SCP or RAF), but otherwise
must score her according to her finishing position.
I hope that helps,
Eric
US Sailing Certified Judge
Member, Area D Appeals Committee
