Page 21 - Microsoft Word - RYA Guidance - Misconduct a Reference for Race Officials (ex covers) - 01 13 v2.docx

34.1 The protest committee feels it did not receive enough evidence on a particular
point

If the point is central to the issue, the committee is not entitled to find the
competitor guilty. It must obtain the evidence needed before proceeding.

If the point is not central to the question of misconduct, the committee must
consider to what extent it is relevant to the question of guilt.

If the committee feels the point is irrelevant to the question of guilt, then it can
proceed.

If the point is relevant, then more evidence must be received before
proceeding

34.2 The protest committee discovers evidence of another incident of misconduct

Evidence of other misconduct is not to be considered as evidence meaning
the competitor committed the original misconduct under investigation. The
two are separate allegations and a fresh rule 69 process must be carried out
in relation to the new misconduct.

Similarly, the fact that a competitor has committed misconduct in the past is
not evidence that the competitor did so again.

34.3 The competitor has alleged the investigation of the misconduct and the
hearing has been biased or improperly carried out
If the committee is satisfied it has carried out an unbiased and thorough
process, then it can proceed. If not, then it must either conduct the process
afresh or send a report to the RYA under rule 69.3 if it is unable to remedy the
defects in the process.

34.4 The competitor threatens legal action against the committee

Whilst potentially disturbing to the individual committee members, the threat
of legal action should not deter a protest committee. Provided the rules are
followed and the competitor is accorded a fair and impartial hearing, there is
limited recourse in law to the courts in the UK. The chairman should
acknowledge the threat and record it but proceed.

It is essential that the rules and guidance are followed to the letter and a
thorough record made of the proceedings. Using the checklist in Appendix C
will help achieve this.

If time permits, the protest committee should speak to the RYA Racing or
Legal Departments and seek advice there.

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