Josh is correct. Law 23: Whenever, in the opinion of the Director, an offender could have been aware at the time of his irregularity that this could well damage the nonoffending side, he shall require the auction and play to continue (if not completed). When the play has been completed the Director awards an adjusted score if he considers the offending side has gained an advantage through the irregularity*. * as, for example, by partner’s enforced pass. The out of turn opener couldn't have been aware at the time of his irregularity that this could well damage the nonoffending side. On the contrary, it's heavily odds on that it would damage his own side to bar partner. Anyway, after 1♥x get passed around to the "psycher", why should he sit?