PART 5 PROTEST, REDRESS, HEARINGS, MISCONDUCT AND APPEALS
SECTION A
PROTEST; REDRESS; RULE 69 ACTION
60 RIGHT TO PROTEST; RIGHT TO REQUEST REDRESS OR RULE 69 ACTION
60.1 A boat may
(a) protest another boat, but not for an alleged breach of a rule of Part 2 or rule 31 unless she was involved in or saw the incident; or
(b) request redress.
60.2 A race committee may
(a) protest a boat, but not as result of information arising from a request for redress or an invalid protest, or from a report from a person with a conflict of interest other than the representative of the boat herself;
(b) request redress for a boat; or
(c) report to the protest committee requesting action under rule 69.2(b)
60.3 A protest committee may
(a) protest a boat, but not as a result of information arising from a request for redress or an invalid protest, or from a report from a person with a conflict of interest other than the representative of the boat herself. However, it may protest a boat.
--- (1) if it learns of an incident involving her that may have resulted in injury or serious damage, or
--- (2) if during the hearing of a valid protest it learns that the boat, although not a party to the hearing, was involved in the incident and may have broken a rule;
(b) call a hearing to consider redress;
(c) act under rule 69.2(b); or
(d) call a hearing to consider whether a support person has broken a rule, based on its own observation or information or information received from any source, including evidence taken during a hearing.
60.4 A techical committee may
(a) protest a boat, but not as a result information arising from a request for redress or an invalid protest, or from a report from a person with a conflict of interest other than the representative of the boat herself. However, it shall protest a boat if it decides that
--- (1) a boat has broken a rule of Part 4, but not rules 41, 42, 44 and 46, or
--- (2) a boat or personal equipment does not comply with the class rules;
(b) request redress for a boat; or
(c) report to the protest committee request action under rule 69.2(b)
60.5 Hower, neither a boat nor a committee may protest for an alleged breach of rule 5, 6, 7 or 69.
61 PROTEST REQUIREMENTS
61.1 Informing the Protest
(a) A boat intending to protest shall inform the other boat at the first resonable opportunity. When her protest will concern an incident in the racing area she was involved in or saw, she shall hail 'Protest' and conspicuously display a red flag at the first reasonable opportunity for each. She shall display the flag until she is no longer racing. However,
--- (1) if the other boat is beyond hailing distance, the protesting boat need not hail but she shall inform the other boat a the first reasonalbe opportunity;
--- (2) if the hull length of the protesting boat is less than 6 metres, she need not display a red flag;
--- (3) if the incident was an error by the other boat in sailing the course, she need not hail or display a red flag but she shall inform the other boat either before or at the first reasonable opportunity after the orther boat finishes;
--- (4) if as a result of the incident a menber of either crew is in danger, or there is injury or serious damage that is obvious to the boat intending to protest, the requirements of this rule do not apply to ther, but she shall attempt to inform the other boat within the time limit of rule 61.3.
(b) if the race committee, technical committee or protest committee intends to protest a boat concerning an incident the committee observed in the racing area, it shall inform her after the race within the time limit of rule 61.3. In other cases the committee shall inform the boat of its intention to protest as soon as reasonably possible.
(c) if the protest committee decides to protest a boat under rule 60.3(a)(2), it shall inform her as soon as reasonably possible, close the current hearing, proceed as required by rules 61.2 and 653, and hear the original and the new protest together.
61.2 Protest Contents
A protest shall be in writing and identify
(a) the protestor and protestee;
(b) the incident;
(c) where and when the incident occurred;
(d) any rule the protestor believes was broken; and
(e) the name of the protestor's representative.
However, if requirement (b) is met, requirement (a) may be met at any time before the hearing, and requirement (d) and (e) may be met before or during the hearing. Requirement (c) may also be met before or during the hearing, provided the protestee is allowed reasonable time to prepare for the hearing.
61.3 Protest Time Limit
A protest by a boat, or by the race committee, technical committee or protest committee about an incident the committee observed in the racing area, shall be delivered to the race office within the protest time limit stated in the sailing structions. If non is stated, the time limit is two hours after the last boat in the race finishes. Other race committee, technical committee or protest committee protest shall be delivered to the race office no later than two hours after the committee receives the relevant information. The protest committee shall extend the time if there is good reason to do so.
62 REDRESS
62.1 A request for redress or a protest committee's decision to consider redress shall be based on a claim or possibility that a boat's score or place in a race or series has been or may be, through no fault of her own, made significantly worse by
(a) a improper action or omission of the race committee, protest committee, organizing aouthority or technical committee for the even, but not by a protest committee decision when the boat was a party to the hearing;
(b) imjury or physical damage because of the action of a boat that was breaking a rule of Part 2 or of a vessel not racing that was required to keep clear;
(c) giving help (except to herself or her crew) in compliance with rule 1.1; or
(d) an action of a boat, or amember of her crew, that resulted in a penalty under rule 2 or apenalty or warning under rule 69.2(h).
(d) an action of a boat, or member of her crew, that resulted in a penalty under rule 2 or a penalty or warning under rule 69.2(h).
62.2 A request shall be in writing and identify the reason for making it. If the request is based on an incident in the racing area, it shall be delivered to the race office within the protest time limit or two hours after the incident, whichever is later. Other request shall be delivered as soon as reasonably possible after learning of the reasons for making the request. The protest committee shall extend the time if there is good reason to do so. No red flag is required.
SECTION B
HEARING AND DECISIONS
63 HEARINGS
63.1 Requirement for a Hearing
A boat or competitor shall not be penalized without a protest hearing, except as provided in rules 30.2, 30.3 30.4, 64.3(d), 69, 78.2 A5 and P2. A decision on redress shall not be made without a hearing. The protest committee shall hear all protests and request for redress that have been delivered to the race office unless it allows a protest or request to be withdrawn.
63.2 Time and Place of the Hearing; Time for Parties to Prepare
All parties to the hearing shall be notified of the time and place of the hearing, the protest or redress information shall be made available to them, and thy shall be allowed reasonable time to prepare for the hearing.
63.3 Right to Be Present
(a) A presentative of each party to the hearing has the right to be present throughout the hearing of all the evidence. When a protest claims a breach of a rule of Part 2, 3 or 4, the representatives of boats shall have been on board at the time of the incident, unless there is good reason for the protest committee to rule otherwise. Any witness, orther than a member of the protest committee, shall be excluded except when giving evidence.
(b) If a party to the hearing of a protest or request for redress does not come to the haring, the protest committee may nevertheless decide the protest or request. If the party was unavoidably absent, the committee may reopen the hearing.
63.4 Conflict of Interest
(a) A protest committee member shall declare any possible conflict of interest as soon as he is aware of it. A party to the hearing who believes a member of the protest committee has a conflict fo interest declared by a protest committee member shall be included in the written information provided under rule 65.2.
(b) A member of a protest committee with a conflict of interest shall not be a member of the committee for the hearing, unless
--- (1) all parties consent, or
--- (2) the protest committee decides that the conflict of interest is not significant.
(c) When deciding whether a conflict of interest is significant, the protest committee shall consider the views of the parties, the level of the conflict, the level of the event, the importance to each party, and the overall perception of fairness.
(d) However, for World Sailing major events, or for other events as prescribed by the national authority of the venue, rule 63.4(b) does not apply and a person who has a conflict of interest shall not be a member of the protest committee.
63.5 Validity of the Protest or Request for Redress
At the beginning of the hearing the protest committee shall take any evidence it considers neccessary to decide whether all requirements for the protest or request for redress have been met. If thy have been met, the protest or request is valid and the hearing shall be continued. If not, the committee shall declare the protest or request invalid and close the hearing. If the protest has been made under rule 60.3(a) (1), the committee shall also determine whether or not injury or serious damage resulted from the incident in questin. If not, the hearing shall be closed.
63.6 Taking Evidence and Finding Facts
The protest committee shall take the evidence of the parties present at the hearing and of their witness and other evidence it considers necessary. A member of the protest committee who saw the incident shall, while the parties are present, state that fact and may give evidence. A party present at the hearing may question any person who gives evidence. The committee shall then find the facts and base its decision on them.
63.7 Conflict Between Rules
If there is a conflict between two or more rules that must be resolved before the protest committee makes a decision, the committee shall apply the rule that it believes will provide the fairest result for all boats affected. Rule 63.7 applies only if the conflic is between rules in the notice of race, The sailing instructions, or any of the other documents that govern the event under item (g) of the definition Rule.
63.8 Protest Between Boat in Different Races
A protest between boats sailing in different races conducted by different organizing authorities shall be heard by a protest committee acceptable to those authorities.
64 DECISIONS
64.1 Penaltiesa and Exoneration
When the protest committtee decides that a boat that is a party to a protest hearing has broken a rule and is not exonerated, it shall disqualify her unless some other penalty applies. A penalty shall be imposed whether or not the applicable rule was mentioned in the protest. If a boat has broken a rule when not racing, her penalty shall apply to the race sailed nearst in time to that of the incident. However,
(a) when as a consequence of breaking a rule a boat has compelled another boat to break a rule, the other boat shall be exonerated.
(b) if a boat has taken an applicable penalty, she shall not be further penalized under this rule unless the penalty for a rule she broke is disqualification that is not excludable from her series score.
(c) if the race is restarted or resailed, rule 36 applies.
64.2 Decisions on Redress
When the protest committee decides that a boat is entitled to redress under rule 62, it shall make as fair an arrangement as possible for all boats affected, whether or not they asked for redress. This may be to adjust the scoring (see rule A10 for some examples) or finishing times of boats, to abandon the race, to let the results atnad or to make some other arrangement. When in doubt about the fact or probable result of any arrangement for the race or series, especially before abandoning the race, the protest committee shall take evidence from appropriate sources.
64.3 Decisions on Protests Concerning Class Rules
(a) When the protest committee finds that deviations in excess of tolerances specified in the class rules were caused by damage or normal wear and do not improve the performance of the boat, it shall not penalize her. However, the boat shall not race again until the deviations have been corrected, except when the potest committee decides there is or has been no resonalble opportunity to do so.
(b) When the protest committee is in doubt about the meaning of a class rule, it shall refer its questions, together with the relevant facts, to an authority responsible for interpreting the rule. In making its decision, the committee shall be bound by the reply of the authority.
(c) When a boat is penalized under a class rule and the protest committee decides that the boat also broke the same rule in earlier races in the same event, the penalty may be imposed for all such races. No further protest is necessary.
(d) When a boat penalized under a class rule states in writing that she intends to appeal, she may compete in subsequent races without changes to the boat. However, if she fails to appeal or the appeal is decided against her, she shall be desqualified without a further hearing from all subsequent races in which she competed.
(c) Measument costs arising from a protest infolving a class rule shall be paid by the unsuccessful party unless the protest committee decides otherwise.
64.4 Decisions Concerning Support Persons
(a) When the protest committee decides that a support person who is a party to a hearing has broken a rule, it may
--- (1) issue a warning,
--- (2) exclude the person from the event or venue or remove any priviletes or benefits, or
--- (3) take other action within its jurisdiction as provided by the rules.
(b) The protest committee may also penalize a competitor for the breach of a rule by a support person by changing the boat's score in a single race, up to and including DSQ, when the protest committee decides that
--- (1) the competitor may have gained a competitive advantage as the result of the breach by the support person, or
--- (2) the support person commits a further breach after the competitor has been waned by the protest committee that a penalty may be imposed.
65 INFORMING THE PARTIES AND OTHERS
65.1 After making its decision, the protest committee shall promptly inform the parties to the hearing of the facts found, the applicable rules, the decision the reasons for it, and any penalties imposed or redress given.
65.2 A party to the hearing is entitled to receive the above information in writing, provided she asks for it in writing from the protest committee no later than seven days after being informed of the decision. The committee shall then promptly provide the information, including, when relevant, a diagram of the incident prepared or endorsed by the committee.
65.3 When the protest committee penalizes a boat under a class rule, it shall send the above information to the relevant class rule authorities.
66 REOPENING A HEARING
The protest committee may reopen a hearing when it secides that it may have made a significant error, or when significant new evidence ecomes available within a reasonable time. It shall reopen a hearing when required by the national authority under rule 71.2 or R5. A party to the hearing may ask for a reopening no later than 24 hours after being informed of the decision. On the last scheduled day of racing the request shall be delivered.
(a) within the protest time limit if the requesting party was informed of the decision on the previous day;
(b) no later than 30 minutes after the party was informed of the decision on that day.
When a hearing is reopened, a majority of the member of the protest committee shall, if possible, be members of the original protest committee.
67 DAMAGES
The question of damages arising from a breach of an rule shall be governed by the prescriptions, if any, of the national authority.
Note: There is no rule 68.
SECTION C
MISCONDUCT
659 MISCONDUCT
69.1 Obligation not to Commit Misconduct; Resolution
(a) A competior, boat owner or support person shall not commit an act of misconduct.
(b) Misconduct is :
--- (1) conduct that is breach of good manners, a breach of good sportsmanship, or unethical behaviour; or
--- (2) conduct that may bring the sport into disrepute.
(c) An allegation of a breach of rule 69.1(a) shall be resolved in accordance with the provisions of rule 69. It shall not be grounds for a protest and rule 63.1 does not apply.
69.2 Action by a Protest Committee
(a) A protest committee acting under this rule shall have at least three members.
(b) When a protest committee, from its own observation or from information received from any source, including evidence taken during a hearing, believes a person may have broken rule 69.1(a), it shall decide whether or not to call a hearing.
(c) When the protest committee needs more information to make the decision to call a hearing, it shall consider appointing a person or persons to conduct an investigation. These investigators shall not be members of the protest committee that will decide the matter.
(d) When an investigator is appointed, all relevant information he gathers, favourable or unfavourable, shall be disclosed to the protest committee, and if the protest committee decides to all a hearing, to the parties.
(e) If the protest committee decides to call a hearing, it shall promptly inform the person in writing of the alleged breach and of the time and place of the hearing and follow the procedures in rules 63.2, 63.3(a), 63.4 and 63.6 except that
--- (1) unless a person has been appointed by World Sailing, a person may be appointed by the protest committee to present the allegation.
--- (2) a person against whom an allegation has been made under this rule shall be entitled to have an advisor and a representative with him who may act on his behalf.
(f) If the person is unable to attend the hearing and
--- (1) provides good reason, the protest committee shall reschedule it; or
--- (2) does not provide good reason and does not come to it, the protest committee may conduct it without the person present.
(g) The standard of proff to be applied is the test of the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconfuct. However, if the standard of proof in this rule conflicts with the laws of a country, the national authority may, with the approval of World Sailing, change it with a prescription to this rule.
(h) When the protest committee decides that a competitor or boat owner has broken rule 69.1(a), it may take one or more of the following actions
--- (1) issue a warning;
--- (2) change the boat's score in one or more races, including disqualification(s) that may or may not be excluded from her series score;
--- (3) exclude the person from the event or venue or remove any privileges or benefits; and
--- (4) take any other action within its jurisdiction as provided by the rules.
(i) When the protest committee decides that a support person has broken rule 69, rule 64.4 applies
(j) If the protest committee
--- (1) imposes a penalty greater than on DNE;
--- (2) excludes the person from the event or venue; or
--- (3) in any other case if it considers it appropriate,
it shall report its findings, including the facts found, its conclusion and decision to the national authority of the person or, for specific international event listed in the World Sailing Regulations, to World Sailing. If the protest committee has acted under rule 69.2(f)(2), the report shall also include that fact and the resons for it.
(k) If the protest committee decides not to conduct the hearing without the person present, or if the protest committee has left the event and a report alleging a reach of rule 69.1(a) is received, the race committee or organizing authority may appoint the same or a new protest committee to proceed under this rule. If it is impractical for the protest committee to conduct a hearing, it shall collect all available information and, if the allegation seems justified, make a report to the national authority of the person or, for specific international events listed in the World Sailing Regulations, to World Sailing.
69.3 Action by a National Authority and World Sailing
The disciplinary powers, procedures and responsibilities of national authorities and World Sailing that apply are specified in World Sailing Regulation 35, Disciplinary Code. National authorities and World Sailing may impose further penalties, including suspension of eligibility, under the regulation.
SECTION D
APPEALS
70 APPEALS AND REQUESTS TO A NATIONAL AUTHORITY
70.1 (a) Provided that the right of appeal has not been denied under rule 70.5, a party to a hearing may appeal a protest committee's decision or its procedures, but not the facts found.
(b) A boat may appeal when she is denied a hearing required by rule 63.1
70.2 A protest committee may request confirmation or correction of its decision.
70.3 An appeal under rule 70.1 or request by a protest committee under rule 70.2 shall be sent to the national authority with the organizing suthority is associated under rule 89.1. However, if boats will pass through the waters of more than one national authority while racing, the sailing instructions shall identify the national authority to which appeals or request are required to be sent.
70.4 A club or other organization affiliated to national authority may request an interpretation of the rules, provided that no protest or request for redress that may be appealed is involved. The interpretation shall not be used for changing a previous protest committee decision.
70.5 There shall be no appeal from the decisions of an international jury constituted in compliance with Appendix N. Furthermore, if the notice of race and the sailing instructions so state, the right of appeal may be denied provided that
(a) it is essential to determine promptly the result of a race that will qualify a boat to compete in a later state of an event or a subsequent event (a national authority may prescribe that its approval is required for such a procedure);
(b) a national authority so approves for a particular event open only to entrants under its own jurisdiction; or
(c) a national authority after consulation with World Sailing so approves for a particular event, provided the protest committee is constituted as required by Appendix N, except that only two members of the protest committee need be International Judges.
70.6 Appeals and request shall conform to Appendix R.
71 NATIONAL AUTHORITY DECISIONS
71.1 A person who has a conflict of interest or was a member of the protest committee shall not take any part in the discussion or decision on an appeal or request for confirmation or correction.
71.2 The national authority may uphold, change or reverse a protest committee's decision including a decision on validity or a decision under rule 69. Alternatively, the national authority may order that a hearing be reopened, or that a new hearing be held by the same or a different protest committee. When the national authority decides that there shall be a new hearing, it may appoint the protest committee.
71.3 When from the facts found by the protest committee the national authority decides that a boat that was a party to a protest hearing broke a rule and is not exonerated, it shall penalize her, whether or not that boat or that rule was mentioned in the protest committee's decision.
71.4 The decision of the national authority shall be final. The national authority shall send its decision in writing to all parties to the hearing and the protest committee, who shall be bound by the decision.
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