2) Take the guy to small claims court.
However, in doing so, you will violate rule three where you agreed to NOT resort to any court of law or tribunal.
I disagree. As I read RRS 3(c):
with respect to any such determination, not to resort to any court of law or tribunal.
It applies to RRS 3(b):
to accept the penalties imposed and other action taken under the rules, subject to the appeal and review procedures provided in them, as the final determination of any matter arising under the rules; and
Which means that competitors (and boat owners) agree to use the protest and appeal process set out under the rules (rather than court) to adjudicate rules infractions, and to abide by their outcomes.
I've heard that in some countries, protest committees do award damages - but that is not so in the US. US Sailing Prescription 68(b) states:
A protest committee shall find facts and make decisions only in compliance with the rules. No protest committee or US SAILING appeal authority shall adjudicate any claim for damages. Such a claim is subject to the jurisdiction of the courts.
So, you can't sue someone for breaking rule 10 (On Opposite Tacks). You have to protest them. You can, however, sue them for damages arising from damage or injury caused by a collision where they broke rule 10.
It seems to me that you need to request the PC file a gross misconduct charge against the individual.
Well, I don't think that simply refusing to settle out of court rises (or should it be "sinks"?) to the level of "gross misconduct". I believe you'd have a hard time convincing a protest committee to open a hearing under RRS 69. Most likely, they'd tell you that awards for damages are the jurisdiction of the courts and you should sue.
Sincerely,
Eric
