Page 100 - Judge Manual 2017

the protest committee make their decision?

Such witnesses, who stay for the decision, must not give any new evidence
after the parties have been dismissed. The members giving evidence are not
interested parties. They are a part of an independent body, with nothing to gain
or lose from the decision. Remaining as a part of the protest committee
corporate body helps to portray the protest committee as an independent body
with an interest in the fairness of the competition as a whole. Usually, witnesses
who are part of the protest committee would stay in the room as part of the
protest committee making the decision.

In cases where the chairman or the protest committee member or members
who is the witnesses feels uncomfortable, the witness would leave the room
when the protest committee begins its deliberations. Be aware that dismissing
protest committee witnesses while the remaining members make the decision
tends to portray protest committee members as individuals who are intent on
protesting individual boats, and having a personal interest in the success of
their protests. The practice of dismissing protest committee witnesses becomes
embarrassing when all members of the protest committee witness an incident.
However, should the protest committee be convinced that the protestee feels
genuinely and strongly that it would be unjust for the one or two protest
committee witnesses to remain, then the protest committee witness should be
dismissed for the decision. Rule N3.2 provides that the protest committee
remains properly constituted as long as 3 members remain and at least 2
members are International Judges.
K.28 Doping

Drug testing can be initiated only with written permission from the national
authority or the World Sailing.
Competitors cannot protest alleged infringements of rule 5; hearings in relation
to drug abuse can be initiated only after a competitor has refused to be tested
or failed a drug test.
Since the testing of samples takes several weeks, the process of imposing
penalties, when World Sailing Regulation 21 applies, will fall outside the protest
committee’s jurisdiction. Rule 63.1 does not apply.
K.29 Redress

A boat whose score or place in a race or series that has been made significantly
worse through no fault of her own may, in circumstances complying with rule
62.1, be granted redress.

Redress cannot be granted without a hearing (rule 63.1).

K.29.1 Who May Request Redress?
a. A boat (rule 60.1(b))

The introduction to the Racing Rules of Sailing, under Terminology, states
that a “Boat” means a sailboat and the crew on board.

Normally boats request redress for themselves; however, this is not a
requirement of the rules. A boat or its crew may request redress for another
boat. Rule 60.2(b) requires the protest committee to include all boats