The Publisher
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Apr 27, 2010, 5:17 PM
Post #8 of 11
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Re: [The Publisher] Play By The Rules Or Lose Your Wine
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* From Rod Glover:
The recent series of emails discussing competitors who did not "do their turns" all had one thing in common. No one protested! I am sorry, but that is a part of the process. It should be treated as a normal aspect of competition, and should not lead to hard feelings or animus.
Let’s be clear on two things. First, no one is obligated to do a 720 because someone shouted something unintelligible at them. They are only required to do a 720 when THEY believe they have committed a violation. Second, in over 20 years as a judge, almost every ROW protest I heard had two parties presenting two irreconcilable stories, often with diametrically opposed "facts." In most cases both parties were being honest, and felt they were in the right.
The hardest part of being a judge is not applying the rules, it is determining the facts. Experienced judges find it hard to determine the facts, even after hearing extended testimony from numerous witnesses. How accurate is the average sailor likely to be when they decide that someone has committed a violation after briefly viewing an incident, often from a distance. It is absolutely amazing how much perspective can change the apparent "facts." Most people, who someone may feel committed a violation, honestly do not feel they did. In many cases they are right. Yes, there are some who deliberately commit flagrant fouls, thinking they can get away with them, but they are in the minority. In such cases, the obvious remedy is to file a protest.
No one is required to file a protest, but if they do not, and thus do not give the alleged "offender" the opportunity to defend themselves in a hearing, that should end the matter. It is the height of unsportsmanlike conduct to walk around telling others that "so and so" "fouled", or was guilty of a breach of conduct by not doing a 720, when "so and so" was never given the chance to defend their actions in a hearing.
During almost 20 years of competing in the Thistle Class, I could count the total protests in which I had been involved on my fingers. I found that becoming involved in a protest badly distracted me from the race at hand. Though in the right, this hurt my race and punished me. I avoided potential situations, and ignored minor infractions, which was my right, but I did not then discuss them later. I taught my junior students and Sears teams that if they were in a possible protest situation, and did not choose to file, that ended the matter. Any further discussion was unsportsmanlike.
If you honestly feel someone has fouled you, and you wish to make those feelings known, it is perfectly acceptable to inform them you are protesting them, fly your flag, and then later, if you wish, decide not to file. Some may disagree with me on this, but at least they know you feel they have committed a violation, and can make their own decision on a 720. If you decline to file, that should end it. However, be clear. If you do not honestly believe someone has committed a violation, it is not acceptable to shout protest to intimidate them, or force them into an unnecessary 720. I know sailors that do this, and in my opinion, it is a violation of both rule 2 (fair sailing), and in some cases, rule 69 (gross misconduct)
I have sympathy for Chris LaBorde. Members of his Thistle Class operate as an extended family, generally sail clean, do their turns when they err, and seldom end up in hearings. I can remember judging four Thistle Midwinters in a row without one ROW protest. In such groups, flagrant behavior is quite distressing. In some cases, I have seen on-the-water judges warned of potential flagrant behavior, and sometimes they are able to deal with it. This is rare, however, and not a real solution, Unfortunately, general discussion, such as this one in Scuttlebutt are unlikely to change the behavior of people who commit flagrant violations and sail blithely on. It is not in their nature to be bothered. It is worthwhile, however, to lecture new sailors on the fact that a violation unobserved, is still a violation, and that they have an obligation.
In time, people who are observed by all to not abide by the rules, are likely to find themselves unwelcome. However, this should never occur as a result of rumor, innuendo, or gossip at the after race parties. The simple fact is that if you observe unacceptable behavior, your one recourse is to file a protest. If you decline to do so that should end the matter.
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