Page 86 - Misconduct a Reference for Race Officials

Any written complaint about race management should be considered as a potential
request for redress. If in doubt, call a hearing for the boat to state her case.
A request to reopen a hearing by a boat that was not a party to the original hearing
must be treated as a request for redress by the boat making the request to reopen.
See RYA cases 1994/3 and 2002/1. Similarly, a request for redress by a party to a
hearing must be treated as a request to reopen the hearing. See rules 62.1(a) and 66.
All protests and requests for redress must be accepted and scheduled for a hearing,
even if the time limit has expired or it is suspected it may not be valid. Only the protest
committee can decide that a protest or request is invalid, and there may be a good
reason to extend the time limit (rule 63.1).
Once a protest or request for redress has been delivered, it cannot be withdrawn
without the permission of the protest committee (rule 63.1).
Do not allow a protest to be withdrawn if it is suspected that withdrawal is requested as
a result of coercion, or to avoid a penalty on any party.
For a protest, the only information that must be provided at this stage is a description
of the incident (rule 61.2).

For a request for redress; any document that ‘identifies the reason’ for possible
redress is sufficient (rule 62.2).

If a request for redress alleges that a boat has been incorrectly scored (including a
disputed OCS score), ask the requester to discuss the problem directly with the race
committee (including allowing the competitor to see any document or hear any tape
that will be offered in evidence). A hearing will only be necessary if the complaint
cannot be resolved. Consider using a ‘scoring query form’ to assist in this process.
When a request for redress may significantly affect the results of other boats, or if
abandonment is a possible outcome, consider acting under rule 60.3(b) to request
redress for all boats concerned, so that all can attend and express a view. The protest
committee must issue a written request for redress and inform the boats concerned.
The two requests should then be heard together.
 Inform each party, and the race committee when necessary, when and where the
hearing will be held.
Consider posting a notice on the official notice board listing the hearings, the parties
and the place and approximate times of hearings. It is helpful to document this
procedure in the sailing instructions, stating that this is the notice required by rule 63.2,
and where and when the notice will be posted (usually by a fixed time after the expiry
of the protest time limit).
It is the parties’ responsibility to ensure their witnesses attend.
The protest committee cannot compel anyone, party or witness, to attend.

When there are requests for redress under rule 62.1(a) against a committee, try to
schedule them consecutively, and preferably as the first hearing(s). Inform the relevant
committee as soon as such a request is lodged.
When there is more than one protest and/or request for redress for what is clearly the
same incident, seek consent from the parties to schedule a single hearing to hear all
the cases together.

M2 BEFORE THE HEARING
Introduce the protest committee members (including yourself).
It may help to place a ‘name-plate’ in front of each protest committee member.

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