Page 80 - Judge Manual 2017

If a competitor speaks enough English to say he has poor English skills, ask
him to start the hearing without an interpreter. If he is still having trouble
understanding, allow an interpreter to be present. It is often the coach who plays
this role. The chairman must ensure that the coach does not provide an unfair
advantage to his athlete. Remind the coach that he or she is there as an
interpreter, and not as a rules advisor. Protest Committee members should
speak slowly and clearly to assist the party in understanding what is being said.

The chairman should explain that the procedure will permit each party to give
his evidence at the appropriate time. Do not allow the parties to interrupt each
other’s statements. Allow only an interruption by a party or jury member to say
he did not understood or did not hear something.

K.3 Right to be Present
The parties to the protest have the right to be present during the hearing and to
ask questions of any person giving evidence.

Definition: Party A party to a hearing is
a. For a protest hearing: a protestor, a protestee;
b. For a request for redress: a boat requesting redress or for which
redress is requested, a race committee acting under rule 60.2(b); a
technical committee acting under rule 60.4(b)
c. For a request for redress under rule 62.1(a): the body alleged to have
made an improper action or omission;

d. a person against whom an allegation of a breach of rule 69 is made;
a person presenting an allegation under rule 69;

e. a support person subject to a hearing under rule 60.3(d).

However, the protest committee is never a party.

When a party is absent, the hearing should normally proceed without him
unless there are special circumstances for the absence. When a party wishes
to attend, but finds the time of the hearing inconvenient, the protest committee
must decide to what extent the competitor can be accommodated. The protest
committee must also allow the protestee a reasonable time to prepare for the
hearing. When at the beginning of a hearing, a party asks for more time to
prepare, the protest committee must decide whether more time is deserved or
necessary.

When the protest claims a breach of a rule of Parts 2, 3 or 4 the representative
of each boat shall have been on board the boat at the time of the incident,
unless there is a good reason for the protest committee to rule otherwise (rule
63.3(a)). For radio-controlled boats this rule is changed so that the
representatives of the boats shall have been controlling them.
When neither the protestor nor the protestee attends the protest hearing, the
committee should first consider whether there was a flaw in the posting of the
time or place of the hearing. If the protest committee decides that the parties
were properly notified, the protest committee may act without the parties. In