In rule 69.1 of the RRS for 2017-20, the definition of act of misconduct has been modified by elimination of the adjective "gross" when applied to the conduct described in 69.1(b)(1):
"
Misconduct is:- conduct that is a breach of good manners, a breach of good sportsmanship, or unethical behaviour;"
I am interested in whether the readers think this expands the range of conduct punishable under this rule, or if it is intended as a clarification of the previous rule by eliminating ambiguity arising from use of the word "gross."
It also appears that the new rule is intended to expand the reach of 69 by eliminating the reporting requirement for penalties for low-level offenses. See 69.2(j). It seems that this change may be intended to allow punishment for less severe offenses without long-term ramifications for the offending party.
Any comments?
IMO, the "comfortable satisfaction" standard applies to whether or not an alleged incident actually occurred, and possibly to the appropriateness/ severity of the penalty, rather than the question of what kinds of misconduct are punishable under the rule. My question about the standard is whether more proof is required when the offense is more egregious, or less proof is required when the penalty will be light. I believe that this deliberately introduces an element of variability that is likely to undermine the authority of the rules. My personal opinion is that the committee should be "more sure" that an offense occurred when a penalty would be warranted or when the resulting penalty will be more severe, but the descriptive language in the rule and the judges manual seems very confused and ambiguous on that issue.