Page 14 - Misconduct a Reference for Race Officials

Q15. If my appeal is not upheld, can I appeal to World Sailing?

A15. No. There is no mechanism for this.

Q16. If my appeal is upheld, can the protest committee or race committee decide not
to implement the appeal decision?

A16. No. See rule 71.4.

Q17. Can the right of appeal be denied?

A17. When a properly constituted International Jury has been appointed and the Jury or a
validly appointed panel of it (see RRS Appendix N) have decided the protest or
request for redress, the right of appeal is always denied.

Rule 70.5 and the RYA prescription to it set out three other circumstances when the
right of appeal may be denied. In all these circumstances, the denial of appeal must
be stated in both the notice of race and sailing instructions.
(1) The most common circumstance is under rule 70.5(a) when ’it is essential to
determine promptly the result’. For example, a national championship may have
an initial series of qualifying races leading to a second series with gold and silver
fleets. It will be valid for the right of appeal to be denied under rule 70.5(a) in the
initial series, but not in the second (final) series.
(2) When approved by the RYA for a specific event. The RYA prescription ensures
that such approval will be granted only in exceptional circumstances. Note that
the cost of an International Jury is not a valid reason.
(3) In rare cases, when approved by the RYA after consultation with World Sailing.

Q18. What happens when the scores from one event are used in part to score
another event?

A18. Aggregation of scores from one series into a longer series is a common occurrence
at many Clubs. For example, a selection or trophy series may be an aggregation of
scores from the results from a number of independently organised open events. If
the event organisers wish to deny the right of appeal in such a selection event or
series, perhaps because a team must be nominated before an appeal can be heard,
then it is essential that the denial of appeal is stated in the notice of race and sailing
instructions for all the underlying open or other primary events as well as for the
selection series itself.

Q19. Is there any other way to find out the rights and wrongs of a situation?

A19. Yes. The RYA offers a rapid-response Racing Rules Advisory Service, which is run
by members of the Racing Rules Committee. See the RYA website.

The Racing Rules Advisory Service may be able to help:-
 A competitor or race committee with a rules query
 A competitor considering whether to protest, request redress or ask for a
reopening *
 A protest committee in receipt of a tricky protest or request for redress *
 A competitor considering whether to appeal
 A protest committee considering whether to refer its decision to the RYA

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