Page 18 - Microsoft Word - RYA Guidance - Misconduct a Reference for Race Officials (ex covers) - 01 13 v2.docx

31.3 The competitor asks for more time to prepare for the hearing

Determine how long the competitor has had to prepare (i.e. from when they
received the notification of the hearing). Is this length of time reasonable?
Consider if the competitor needs to call specific witnesses or obtain certain
evidence. In general, the more complex and serious the allegation, the more
time that should be given to prepare.

If the protest committee is satisfied the competitor has had adequate time to
prepare and continuing with the hearing will not prejudice the fairness of the
process, the hearing should continue. Any continuing objection (or indeed an
agreement by the competitor to proceed) should be noted in the record of the
hearing.

31.4 A representative of the competitor answers questions on his/her behalf

This is not permitted. The competitor must personally answer any questions
put to him or her.

31.5 The competitor is a junior

The chairman should inform the competitor's parents or guardians of the
hearing, preferably in person.

The chairman must make sure the competitor understands the nature of the
hearing and why it is occurring. Representation by a parent or other adult
who can ask questions and speak for the competitor is necessary.
If the person representing the competitor is not a parent, the parents should
be invited as observers.

The committee must take into account the age and experience of the
competitor during their questioning. It may be appropriate to change the
layout of the committee room from the usual 'courtroom' style.

Appendix K contains further information about dealing with misconduct in
youth and juniors.

31.6 The competitor becomes upset or emotional

The chairman should allow the competitor a short break and then ask if they
are happy to continue. If they say yes, this should be recorded in writing.

It is important that the protest committee allows the competitor a fair hearing.
In the unlikely event the competitor cannot continue, then the hearing must be
adjourned and rescheduled.

If the competitor is unrepresented and finds the process hard to cope with or
understand, the protest committee should insist they bring someone to
support them to the hearing.

31.7 The competitor is disruptive and behaves unreasonably at the hearing

The chairman must control the proceedings and explain to the competitor that
the committee is not prepared to tolerate unacceptable behaviour.

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