Page 82 - Judge Manual 2017

closed to observers. Such a request can be considered by the protest
committee on its merits after the reasons are stated.
Observers may include persons not connected with the case being heard; club
members, other sailors, parents, coaches and the press or media. No person
should be present who witnessed the incident and is to be called to give
evidence, or might be called to give evidence.

Observers in a hearing should be made aware of their obligation to remain
silent. Make sure that each observer will not be called as a witness. Observers
shall not be allowed to record or photograph any of the hearing. An Observer
form describing the observer’s role and limitation should be given and signed
by the observer.
Observers must leave the room after the evidence has been taken while the
protest committee discusses the case and makes a decision.

K.8 Hearing Procedure: Validity
K.8.1 General Principles

The protest committee must address the validity of a protest before the hearing
can proceed according to rule 61.1. It is not sufficient to simply obtain the
protestor's opinion that the protest is valid. This may require that the chairman
investigates deeper if the response to the question “When did you hail protest?”
is “Immediately.”

When the protested boat admits that she knew she was being protested and
did not take a penalty, the protest committee may review each of the validity
requirements less strictly.

When the protest is valid the hearing must proceed unless a party accepts a
penalty in the incident, such as retiring prior to the hearing. When the protest
or request does not meet the requirements for validity, the committee shall
declare it invalid and close the hearing. However, if the protest is invalid but the
incident resulted in serious damage or injury, the protest committee may protest
any boat or boats involved (rule 60.3(a)(1)).

When the protest appears to be invalid, give the protesting boat the opportunity
to give evidence on the failed validity requirements. If there is conflicting
evidence on the question of validity, ask the parties and any observers to leave
the room while the protest committee decides on whether or not the protest is
valid. Then recall the parties and announce the decision.
K.8.2 Receiving a Written Protest in Time

The sailing instructions may change a rule and may provide for special
procedures for delivering a protest. Unless a different procedure is stated in the
sailing instructions, RRS 61.3 states that the protest shall be delivered to the
race office. However, a protest should be considered to be delivered when it is
received by any official thought to be acting on behalf of the race committee or
protest committee. If the protest is delivered after the protest time limit, it must
still be accepted by the official and the time of receipt noted clearly on the first
page. The official must not refuse a protest because the time limit has expired.