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Old 09-04-2013
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Re: Oracle Team USA forfeits both ACWS season titles

ALLEGATIONS OF GROSS MISCONDUCT (Jury Notice 103)

4. On 19th August 2013 the Jury issued Jury Notice JN103. Jury Notice JN103 included allegations of gross misconduct as follows:

4.1 Dirk de Ridder, OTUSA sailing team member, was involved in giving instructions and/or directions to shore crew to add weight into a king post of AC45 boat 4, or was aware that such weight had been added, contrary to the AC45 Class Rule.

4.2 Sailor X1, OTUSA sailing team member, was aware that shore crew added weight into a king post of AC45 boat 4, and he was, or should have been, aware this action was contrary to the AC45 Class Rule.

4.3 Bryce Ruthenberg, OTUSA shore crew member, was involved in the addition of weight into a king post of at least one AC45 in contravention of the AC45 Class Rule and was aware this action was contrary to the AC45 Class Rule.

4.4 Andrew Walker, OTUSA shore crew member, was involved in the addition of weight into a king post of at least one AC45 in contravention of the AC45 Class Rule or was aware that such weight had been added and was, or should have been, aware this action was contrary to the AC45 Class Rule.

4.5 Kyle Langford, OTUSA shore crew member, and sailor on Ben Ainslie Racing (BAR) in the final three AC45 Series, was involved in the addition of weight being inserted into a king post of at least one AC45 in contravention of the AC45 Class Rule and was aware this action was contrary to the AC45 Class Rule.

4.6 Matthew Mitchell, OTUSA shore crew member, was involved in the addition of weight being inserted into a king post of at least one AC45 in contravention of the AC45 Class Rule and should have been aware this action was contrary to the AC45 Class Rule.

[...]

DECISIONS ON PENALTIES

105. Bryce Ruthenberg

Bryce Ruthenberg is excluded from further participation in any role in the 34th America’s Cup. RRSAC rule 69.1(c) requires the Jury to inform his National Authority (Australian Yachting Federation) and the International Sailing Federation, which bodies may impose further penalties; however, in view of his full, frank and early admissions, the Jury will recommend that no further action be taken.

106. Andrew Walker

Andrew Walker is excluded from further participation in any role in the 34th America’s Cup. RRSAC rule 69.1(c) requires the Jury to inform his National Authority (Yachting New Zealand) and the International Sailing Federation, which bodies may impose further penalties.

107. Kyle Langford

In light of his age and inexperience in an America’s Cup environment, the fact that he had no involvement in the work done and his truthfulness during the hearing, together with his sincere efforts to acquaint himself with the Class Rules since the matter came to light, Kyle Langford is warned to use his best endeavours not to be involved with any activity that may be in breach of a rule in the future. The Jury is not required to make a report to any federation.

108. Matt Mitchell

Matt Mitchell is excluded from sailing on a Yacht competing in the Match for the 34th America’s Cup until 4 races have been completed. RRSAC Rule 69.1(c) requires the Jury to inform his National Authority (Yachting New Zealand) and the International Sailing Federation, which bodies may impose further penalties; however, the Jury will recommend that no further action be taken.

109. Dirk de Ridder

Dirk de Ridder is excluded from further participation in any role in the 34th America’s Cup. RRSAC Rule 69.1(c) requires the Jury to inform his National Authority (Koninklijk Nederlands Watersport Verbond) and the International Sailing Federation, which bodies may impose further penalties.

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