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QUIZ 9: Tacking near a windward mark

A closehauled boat on starboard tack (S) was fetching the windward mark on the starboard-tack layline. A boat on port tack (P) crossed just ahead of S and tacked right in front of her. When P completed her tack (i.e. she reached a closehauled course), she was clear ahead of S and almost three lengths from the mark. However, S was going faster, and soon after P entered the two-length zone, S established a leeward overlap. At that point, S began to luff slowly in order to round the mark, being sure to give P room to keep clear. "You are not entitled to room at the mark," yelled P. "I am the leeward boat and you must keep clear," answered S. P luffed at first to avoid contact, but then settled on a course that did not give S enough room to pass the mark. While S was bearing off below the mark, both boats hailed "Protest" and displayed red flags. As a member of the jury, how would you rule on this incident?

Penalize P
Penalize S
Penalize both boats
Don't penalize either boat
You can't tell from the information given