2008 Olympic Games: Protests against Danish 49er team in Medal Race

The information herein was copied directly from the official website of the International Sailing Federation, 2008 Olympic Games, and concerns the Medal Race for the 49er event, held on August 17, 2008. Following this protest decision, there was a request for redress filed by Italy and Spain that was denied. Following the dismissal of the redress request, the Italian Olympic Committee (CONI) and the Spanish Olympic committee (COE) filed an application with the ad hoc Division of the Court of

Arbitration for Sport (CAS) against these two decisions of the International Jury of the International Sailing federation (ISAF) related to the gold medal race of the 49er event which took place on

17 August 2008. CAS dismissed this application on August 23, 2008, and with this dismissal, marked the end of further proceedings regarding this matter, and confirmed that the Danish 49er team had won the Gold Medal.

 

 

August 18, 2008

Protestor: RC

Protestee: DEN

 

PROTEST DETAILS

Facts found:

Protest 66 RC v DEN and Protest 68 ESP v DEN were heard together and under Medal Race Sailing Instruction Addendum Q 5.5(b). Sailing to the start, DEN capsized and broke her mast. This resulted in significant damage including the mainsail, gennaker and mast step. DEN returned to shore. It was not possible for DEN to repair the damage in the time available and DEN arranged with CRO to use the CRO boat. DEN, through their coach, at the first reasonable opportunity notified the Race Committee of the replacement 15 minutes before the warning signal. DEN sailed to the start, started 3 minutes 57 seconds after the starting signal and completed the race. The race was conducted in winds close to the upper limits for 49er racing and in very difficult wave and tidal conditions. Every boat capsized at some stage during the race and two boats failed to finish inside the time limit. As soon as practical after coming ashore DEN submitted a written request to the Olympic Measurement Committee (OMC) for the replacement boat and presented the boat for inspection. The boat was thereafter subject to checks for compliance with the class rules and all other checks carried out on other boats during quarantine. The request for replacement was then approved by OMC in accordance with SI 21.2. The replacement boat sailed by the DEN competitors did not have the identifications required by the Notice of Race and Sailing Instructions on its sails. It did not carry a camera as required by the Organising Authority. It was not subjected to quarantine procedure as required by Measurement Regulation 13.

 

Conclusion:

DEN, as a boat assigned to compete in the medal race, was required by SI 19.7 to make a genuine effort to start, sail the course and finish. The OMC approved the replacement of the boat and found that it complied with class rules and all equipment inspections carried out in the Medal Race Quarantine Procedures. DEN complied with SI 21.2 and 21.3. The basis for the protest under MR 12.4 ceased to exist when the OMC approved the request. SI 2 (Additional Identification), SI 3 (Cameras) and MR 13 (Medal Race Quarantine Procedures) are subject to discretionary penalties (SI 18.7, MR 13.7). DEN did not gain a competitive advantage by failing to carry the camera (in the prevailing conditions), by failing to carry the correct identification, or by sailing a boat that had not been subjected to the Medal Race Quarantine Procedure at the required time. SI 2, 3 and 21, and MR 13 are not subject to protests by boats (SI 18.7 and MR 13.7).

 

Rule(s) applicable:

SI 19.7, MR 13, NoR 3, SI 2, 3, 18.7, 21.2 and 21.3.

 

Decision:

The protest by the RC is dismissed.The protest by ESP under SI 21.2 and SI 21.3 is invalid. No discretionary penalties imposed.

 

Short decision:

The protest by ESP under SI 21.2 and SI 21.3 is invalid. The protest by the RC is dismissed. No discretionary penalties imposed.

 

Jury:

John Doerr (chair), David Tillett, Marianne Middelthon, Takao Otani, Josje Hofland

 

 

APPLICABLE RULES

 

Addendum Q 5.5(b).

(a) Protests and requests for redress need not be in writing.

(b) The protest committee may take evidence and conduct the hearing in

any way it considers appropriate and may communicate its decision

orally.

 

SI 21.2. 21.3

21. EQUIPMENT AND MEASUREMENT

21.1 After boats, spars and sails have passed measurement and been marked

accordingly with stickers or stamps, they shall not be removed from the venue,

including the racing areas and the waters leading to them, without prior written

permission of the organizing authority.

21.2 Replacements Ashore: Requests for substitution of damaged or lost equipment

shall be made to the measurement coordinator for consideration by the

measurement committee. Permission will be given only when the committee is

satisfied that the item of equipment is severely damaged, not deliberately

mistreated, and cannot be repaired satisfactorily. A request shall be made at the

first reasonable opportunity on a form available at the protest desk.

21.3 Replacements Afloat: When an item of equipment is damaged or lost shortly

before a race and is replaced, the boat shall notify the race committee before

the warning signal. As soon as practicable after coming ashore, the boat shall

comply with instruction 21.2 and the replaced item shall be presented to the

measurement coordinator. If the measurement committee decides that the item

could have been used in the race or had been purposely damaged by anyone

associated with the boat, the measurement committee may request action

under rule 69.1(a).

21.4 A boat or equipment may be inspected at any time for compliance with the class

rules, measurement regulations and sailing instructions. When instructed to do

so by a measurer on the water, a boat shall proceed immediately to a

designated area for inspection.

 

Measurement Regulation 13.

13. Medal Race Quarantine Procedures

13.1 On completion of the opening series the ten boats assigned to compete in the

Medal Race for each event will be quarantined and subject to equipment

inspection. Boats which may be eligible following the results of protests shall go to

the quarantine area.

13.2 Boats eligible for the medal race for each Class will be held in a Quarantine

Area as follows:

a. RSX Men Measurement Tent

b. RSX Women Measurement Tent

c. Laser Standard Measurement Tent

d. Laser Radial Measurement Tent

e. Finn Boat park Quarantine Area

f. 470 Men Boat park Quarantine Area

g. 470 Women Boat park Quarantine Area

h. 49er Boat park Quarantine Area

i. Tornado Boat park Quarantine Area

j. Star Boat park Quarantine Area

k. Yngling Boat park Quarantine Area

The boat park Quarantine Area.

For the duration of the quarantine period sails and other loose equipment shall

either be kept with the boat or stored in the measurement tent.

13.3 If for any event there is no racing the day before the medal race, assigned

boats and their equipment shall be parked in the Quarantine Area no later than

18.00hrs that day (or two hours after racing has been abandoned for that class if

this is later than 18.00 hrs.)

If racing is held the day before the medal race, the assigned boats shall be

parked in the Quarantine Area no later than 30 minutes after the expiry of the

protest time limit for that event except where assignment is subject to protest.

Where assignment is subject to protest a boat shall be in the Quarantine Area as

soon as practicable after her place in the medal race is confirmed.

13.4 Should a boat or equipment need repairs that necessitate its removal from the

Quarantine Area, a request for approval may be made in writing to the

Measurement Committee. In approving such a request the measurement

Committee may include such restrictions as it sees fit.

13.5 On the scheduled day of the Medal Race boats shall be made ready for

inspection not less than three hours before the scheduled start time of their race, unless otherwise instructed.

The team leader (or a nominated delegate) and the boat’s crew may be present

during the equipment inspection. At least one such person must be present at all

times during the inspection. An interpreter, if approved, may also be present.

13.6 The Measurer will signal the release of the boats from the Quarantine Area.

13.7 A breach of this Instruction will not be grounds for protest by a boat. This changes

RRS 60.1(a). The penalty for a breach of this Instruction will be at the discretion

of the International Jury and may include ranking the boat tenth in the regatta. If

there are two such boats they will be ranked ninth and tenth, in order of their

opening-series ranks, etc.

 

SI 19.7

19. SCORING

19.1 Rule B8 is deleted.

19.2 Six races are required to be completed to constitute an opening series. If the

series is not completed as scheduled, it will be extended.

19.3 One race is required to be completed to constitute a regatta.

19.4 (a) Except for a race score excluded under instruction 19.5, a boat’s series

score for the regatta will be the total of her race scores from the opening

series and the medal race.

(b) For the medal race, rule A4.1 is changed so that the points are doubled,

and rule A4.2 is changed so that the scores are based on the number of

boats assigned to compete in that race.

19.5 (a) When fewer than five races have been completed, a boat’s series score

will be the total of her race scores.

(b) When five or more races have been completed, a boat’s series score will

be the total of her race scores excluding her worst score.

(c) The score from the medal race will not be excluded.

Beijing Organizing Committee for the Games of the XXIX Olympiad (BOCOG) 7

(d) For boats assigned to compete in the medal race, ties in the regatta score

are broken by the medal-race score. Any remaining tie will be broken by

using the tied boats’ opening-series scores. This changes rule A8.

19.6 The boats assigned to compete in the medal race will be ranked highest in the

regatta except for a boat disqualified from the medal race under rule 5 or 69.

19.7 A boat assigned to compete in the medal race shall make a genuine effort to

start, sail the course and finish. A breach of this instruction will not be grounds

for a protest by a boat. This changes rule 60.1(a). The penalty for this breach will

be ranking the boat tenth in the regatta. If there are two such boats, they will be

ranked ninth and tenth, in order of their opening-series ranks, etc.

19.8 To request correction of an alleged error in posted race or series results, a boat

shall complete a scoring enquiry form available at the protest desk.

19.9 The scoring abbreviation for a discretionary penalty imposed under instruction

18.7 will be DPI.

 

MR 12.4

12. Equipment Control during the regatta

12.1 A boat may be checked at any time during the regatta. Any irregularities will be

reported to the OMC.

12.2 After any race, a boat may be informed by a measurement official that it has been

selected for post-race inspection. When hailed the boat shall return directly to the

designated area at the Sailing Marina. No person shall join or leave the boat and

no equipment or other item shall be taken on or off the boat. A competitor so

notified, shall not leave the measurement area without the permission of the

Issue 1

7 February 2008 9

Measurer. The boat will be inspected as soon as possible.

12.3 At least one representative of the crew is required to be present during the

inspection of their boat and clothing. A measurer may require the boat be

impounded in order to dry out before it’s weight is checked.

12.4 If any aspect of the boat does not comply with the class rules, or if the measurer

has reason to believe that an item of equipment has been altered, repaired or

replaced without prior approval, the measurer shall submit a report to the OMC.

The time limit for filing reports to the international jury is two hours after the

inspection of the boat has been completed.

12.5 Clothing may be weighed in accordance with RRS-Appendix H unless varied by

class rules.

 

SI 2, 3

2. ADDITIONAL IDENTIFICATION

2.1 Each day while racing, the first, second and third boats in series scores at the

beginning of the day shall display a yellow, blue and red sticker respectively.

The organizing authority will supply the stickers and instructions for their use at

the team leaders’ meeting.

2.2 Athletes are required to wear bibs provided by the organizing authority. Bibs

shall be worn as the outer layer of clothing (over any other item of clothing or

equipment). A hole for trapeze/hiking devices may be made.

3. CAMERAS AND ELECTRONIC EQUIPMENT

Boats may be required to carry cameras, sound equipment or positioning

equipment as specified by the organizing authority.

 

 

SI 18.7

18. PROTESTS AND REQUESTS FOR REDRESS

18.1 No boat, regardless of her hull length, need display a red flag. This changes rule

61.1(a).

18.2 Protest forms are available at the protest desk, which is located in the Regatta

Office Building. Protests shall be delivered there within the protest time limit.

Beijing Organizing Committee for the Games of the XXIX Olympiad (BOCOG) 6

18.3 For each event, the protest time limit is 90 minutes after the last boat has

finished the last race of the day.

18.4 Notices will be posted within 30 minutes of the protest time limit to inform

competitors of hearings in which they are parties or named as witnesses.

Hearings will be held in the jury offices.

18.5 Notices of protests by the race committee or jury will be posted to inform boats

under rule 61.1(b).

18.6 A list of boats that under Addendum P have been penalized for breaking rule 42

will be posted.

18.7 Breaches of instructions 2, 3, 10.3, 13.3, 20, 21.1, 21.2, 21.3, 23, 24, 25, 27 and

28 will not be grounds for a protest by a boat. This changes rule 60.1(a).

Penalties for these breaches may be less than disqualification if the jury so

decides.

18.8 On the last day of the opening series a request for reopening a hearing shall be

delivered

(a) within the protest time limit if the requesting party was informed of the

decision on the previous day;

(b) no later than 30 minutes after the requesting party was informed of the

decision on that day.

This changes rule 66.

18.9 On the last day of the opening series a request for redress from a jury decision

shall be delivered no later than 30 minutes after the decision was posted. This

changes rule 62.2.

18.10 Decisions of the jury will be final as provided in rule 70.4.

 

 

SOURCES

 

Event website: http://www.sailing.org/olympics/Olympicshome.php

Notice of Race: http://www.sailing.org/22707.php

Sailing Instructions: http://www.sailing.org/24600.php

Measurement Regulations:  http://www.sailing.org/22710.php