Page 73 - Judge Manual 2017

Keep the copy for the parties to the hearing at the protest desk and provide the
parties with a copy as soon as possible.

J.5 Arbitration System

When a protest is delivered to the protest desk, the person accepting protests
logs the time and asks the protestor to stand by. A judge then determines if the
protest meets the requirements for arbitration. If so, the judge will ask the
protestor to find the representative of the other boat. Arrange an arbitration
meeting as soon as possible, if the parties accept arbitration as an alternative
to a full hearing.

If one of the parties does not come to the arbitration meeting, the arbitration
meeting does not proceed. The voluntary nature of arbitration makes rule
63.3(b) inapplicable. The protest committee secretary will then schedule a
protest hearing.

Schedule a protest hearing if the arbitration does not resolve the protest.

Refer to Section L for more details on Arbitration.

J.6 Accepting a Penalty in an Incident

When a protest has been delivered, a protestee may accept a penalty for the
incident prior to a hearing. Ascertain whether the incident resulted in any
damage to any boat or injury to a competitor. If there was no damage or injury,
the boat may take a penalty by retiring from the race or take any alternative
penalty available in the Sailing Instructions. If there was serious damage or
injury, the penalty is to retire from the race. Ask the competitor to write on the
protest form, the words –
“I accept a penalty in the incident described in this protest, and hereby retire (or
accept the penalty of (fill in any alternative penalty that might
be available)”

A representative of the protested boat would sign the form. A separate form
may be used for this declaration. If so, staple it to the protest form. In all cases
of acknowledgement, the protest must be presented to the protest committee,
perhaps when all other hearings have been completed.

Once that declaration is made, ask the protestor whether he or she wishes to
withdraw the protest since, under rule 64.1(b) the protestee has now taken a
penalty and could not be subject to any further penalty in that incident if it goes
to a hearing. If so, ask the protestor to write on the form, “I wish to withdraw this
protest”. The protest committee may then allow the protest to be withdrawn
under rule 63.1.

J.7 Withdrawing Protests

Once the protest has been received, a protestor’s request to withdraw the
protest must be approved as a decision of the protest committee (rule 63.1).

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