This chapter discusses the involvement of the protest committee at events using competitor categorization. If you are appointed to the protest committee of an event where categorization limitations apply, familiarize yourself with the requirements of categorization in the Code. (On the World Sailing website, search “Code”, click “submit” and select “Documents”.)

The World Sailing Sailor Categorization Code provides an international system for the categorization of competitors as amateurs or professionals. The Code categorizes competitors into two Categories: Group 1 competitors take part in racing only as a pastime, while Group 3 competitors have been paid for work or services in sailing. The Sailor Categorization Commission is available to guide and assist officials and can be contacted via the World Sailing Office at categorization@sailing.org.

Events and classes are not under any obligation to use a Categorization system, but should they do so, rule 79 requires that the World Sailing Code is the only system that shall be used.

The Categorization Authority administers the system of categorization on behalf of World Sailing. It reviews and confirms or corrects competitors’ categorization. It has the power to change the categorization of a competitor at the event if there is a good reason to do so (e.g. if the categorization is wrong). Changes in categorization may require a change in a crew list close to the event, with impact on a boat’s ability to train and compete.

Competitors may appeal against a decision to re-categorize them. Until the appeal has been decided, the decision of the Categorization Commission is binding. The competitor may not request redress, as the Categorization Authority is not covered by rule 61 and there is no other redress procedure.

The notice of race should state crew limitation rules which mention sailor categorization when the class rules do not specify. For example, a boat may be limited to the number of Group 3 competitors who may be on board, or the helm might have to be Group 1. It is important that the requirements are drafted clearly, without ambiguity. It is not permitted to have a rule which states that a certain type of individual is Group 1 or Group 3. Only World Sailing can make this decision.

A boat may be protested after the crew deadline (a defined term within the Code) a boat may be protested on the grounds that:

and that the boat would then break the crew limitations in the notice of race, sailing instructions or class rules were the Categorization to be corrected. A protest under the rules may be brought where a boat has simply not complied with the notice of race or class rules. An example is having more Group 3 competitors on board than permitted or having a crew member steer when this is not permitted. In these circumstances the protest committee will apply the normal rules regarding time limits, validity, penalties etc. to the protest. The categorization listed on the World Sailing website against the competitor is definitive in these cases.

The time limit for a boat to protest is the Categorization Protest Time Limit (a defined term in the Code), or, if later, 24 hours after the posting of a changed crew list. The sailing instructions may state a different time limit.

The protest committee will also need to consider the types of Group 3 activity, as listed in the Code, and how to best assess if a competitor falls into one of these categories. These types of protest are often complex and may require close liaison with the Categorization Authority. The FAQs issued by the Categorization Authority can be helpful in assessing the different situations.

As with measurement protests, where the protest committee is in doubt as to the categorization of a competitor, it may call a member of the Categorization Authority as a witness to the hearing. The member may attend by audio or video conference if not in attendance at the event. Alternatively, the protest committee may refer the facts found to the Categorization Authority to seek its opinion on them, in which case the response of the Categorization Authority then binds the protest committee.

Under the Code which changes rule 63.1(a)(4), the protestee is entitled, on request, to present evidence of a personal or private nature in the absence of the protestor. The protest committee must not then record that evidence in its decision. If the protest committee, on hearing the evidence, is not satisfied that it is of a personal or private nature, it must disregard the evidence unless it is offered again in the presence of the protestor.

The Code sets out the penalties for a boat when a protest is upheld. If the boat has not yet raced in the event, she will not be penalized; but if the boat has raced in the event, the penalty is disqualification from all races already completed, except when the protest arises as a result of a mandatory protest by the race committee acting on a report from the Categorization Authority, in which case the penalty is at the discretion of the protest committee. More details follow in the section on Changes by the Categorization Authority below.

The protest committee has no power to change a categorization, only to determine whether it should be different. It must report its decision on a protest to the Categorization Authority, together with a summary of any evidence given in private.

If the Categorization Authority changes a competitor’s categorization during an event it may backdate that change to the commencement of the event. If the Categorization Authority believes a boat would then break the crew limitation rules, it shall report the matter to the race committee, which shall protest the boat. The penalty shall be at the discretion of the protest committee.

If the protest committee receives complaints or information at an event that may cast doubt on a competitor’s categorization, but no protest is involved, it should report that information in confidence to the Categorization Authority via the World Sailing Office.