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18 Composition of a protest committee for rule 69 hearings

18.1 Under rule 69.2(b), the protest committee must consist of at least three
people, to be appointed by the organizing authority or the race committee in
the normal manner under rules 89.2(b) and 91.

18.2 If the matter that is the subject of the hearing is potentially controversial within
a club, or if it is difficult finding members ready to serve, it may be sensible to
seek at least one member (particularly the person who is to chair the hearing)
from outside the club.
18.3 The RYA Racing Division can assist in recommending National or
International Judges.

19 Protest committee witnesses

19.1 It is common for the person seeing the alleged conduct to be a member of the
protest committee already. This can lead to the question of whether the
person should serve on the protest committee dealing with the rule 69 report.

19.2 There is no conflict or requirement to stand down if the protest committee was
already established, and with that person as a member of it, at the time of the
alleged misconduct. However, a member of the protest committee who saw
the incident in question must still state that fact in the presence of the parties
(as required by rule 63.6). The protest committee member may then give
evidence in the usual way, but is not required to do so.
19.3 If the protest committee remains constituted (at least three people) without
that person being a member, it is best practice for that member to stand down
for the hearing.
19.4 If that person happens to be the chairman, it may be appropriate to hand over
the chair, even if the person remains on the protest committee. This would be
especially appropriate if the behaviour being investigated was directed at the
protest committee member concerned. In addition, if a fresh protest
committee has to be set up, any person to be called as a witness should not
be a member of the committee.

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