[Public-List] ...We're not done yet.

Dominic Amann dominic.amann at gmail.com
Mon Nov 12 13:43:54 PST 2018


Beyond tiresome I would say. Tragic - that the person be so ego-attached as
to cut off his nose to spite his face.

On Mon, 12 Nov 2018 at 09:38, Gordon Laco via Public-List <
public-list at lists.alberg30.org> wrote:

> I promised George Dinwiddie that I’d provide follow up on events involving
> our club’s overly aggressive member, the fellow we were in the collision
> with in September.
>
> In brief recap, in his most recent incident he tried to jam himself
> between two starboard tack boats sailing nose to tail when he was on port
> tack, colliding with us in SURPRISE in the process.  We were the second
> starboard tack boat.   The club decided this most recent in a long series
> of incidents was provocation enough to issue a Rule 69 charge, and in due
> course there was a hearing.  The hearing found him guilty and issued a 12
> month suspension from racing on Wednesday nights, but allowed him to race
> in our weekend distance races.  The weekend races have less traffic and
> would offer him an opportunity to demonstrate an attitude adjustment.
> There was a warning that the next transgression might lead to a life-time
> ban.
>
> Here’s what’s happened since then.
>
> Our member has combed the rule book and the proceedings of the hearing,
> and determined that he was notified incorrectly of the hearing, and that he
> was subsequently notified incorrectly of the decision of the hearing
> board.   Based on that he is appealing his ‘conviction’ to higher yachting
> authorities.    If his hearing is deemed valid, and is heard by the higher
> yachting authority, two things can happen.
>
> - the club’s proceedings may be deemed valid, and the penalty upheld
> - the club’s proceedings may be deemed invalid due to the errors or
> irregularities our member claims, in which case the penalty is overturned.
>
> In the former case, we proceed and he has a chance to redeem himself.  In
> the later case, the club needs to decide if it’s going to start again by
> laying the charge, then holding the hearing again, this time taking steps
> to avoid the claimed irregularities.  There will be a new deliberation and
> presumably new results.
>
> Or, the club can decide they are fed up with the time and energy being
> devoted to this members problems,  and not bother to lay further charges
> under the rules, and just rescind the membership of this person under the
> clubs own rules and bylaws.  Basically ‘if you can’t play nicely, go and
> play somewhere else’.    The difference between a club-based suspension and
> a Sail Canada based ban is that the later is international.   Apparently
> any suspension under Rule 69 that is longer than four weeks needs to be
> published internationally and is applied internationally.
>
> If this person beats the Rule 69 penalty, and the club decides it’s fed up
> with him and revokes his membership, that is in effect the end of racing
> for him anyway because there are no other clubs running races within 30
> miles of us here on Georgian Bay.
>
> Any way one looks at it, I don’t think anything good will come of this for
> the person in question.  I’ve been asked if I would be willing to testify
> again should the club find itself in the position of re-doing the Rule 69
> hearing.  I said I would.
>
> How tiresome.
>
> Gord
> #426 Surprise
>
>
>
>
>
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-- 


Dominic Amann

M 416-270-4587


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