Page 124 - Judge Manual 2017

N.2.4 Preparation by the Protest Committee

Before a protest committee convenes a rule 69 hearing, it should first prepare
itself. The protest committee will try to get a clear view about the meaning of
rule 69 and the procedure to follow.

Start reading rule 69 carefully. Discuss the implications of the rule and discuss
the potential infringement.

Read Rule M5 again, and ensure you are knowledgeable of the procedure to
follow. Think about what might happen during the hearing and what your
answers will be. Plan the procedure within the protest committee, delegating
tasks among the members; one chairs the hearing, another person is the scribe.
If the hearing involves juniors or youths, make arrangements, if possible, that a
parent, guardian or coach is present as a witness to the proceedings. Also refer
to Section D (Judges and Junior Sailors).

N.2.5 Appointing an Investigator (Rule 69.2(c) and (d)
The protest committee may appoint an investigator when they do not have
sufficient information to decide whether to call a hearing or not. The purpose of
the investigator is to ensure that the protest committee is independent, and that
their judgment is not influenced by information obtained during the
investigation.

If possible, the investigator should be familiar with the procedures of Rule 69.
He may be a member of the protest committee, or another race official or
member of the organizing authority. However, the investigator, whether one of
the protest committee or not, is prohibited from partaking in any further
decisions made by the protest committee in the case.
It is important that the investigator keeps a written record of all the evidence he
or she obtains. Rule 69.2(d) deals with the disclosure of the information
gathered by the investigator, an essential element in the fairness of any
subsequent procedures. Fairness and rule 69.2(d) dictate that the investigator
must disclose all information that it gathers, favorable and unfavorable, to
protest committee and, if a hearing is called, to the parties.

The investigator may be appointed by the protest committee under 69(e)(2) to
present the allegation in the hearing.

N.2.6 Informing the Person in Writing
Prepare the written statement of allegations that you will give to the person who
is accused of the rule 69 violation. Make the allegations as detailed as possible,
and include the time and place of the hearing (rule 69.2(a)).
Should the protest committee learn of the evidence of misconduct during a
protest hearing, rule 69 cannot be addressed in that hearing. The protest
committee must prepare the written allegation after that hearing is closed, and
promptly deliver the statement to the competitor. Even if the competitor gives

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