Forum: Protest Hearing Procedures

Redress

Peter Mcfarlane
Nationality: Australia
What actions can a competitor take if a request for redress or a protest is ignored The rules dont seem to allow the protestor any procedure to follow
Created: 22-May-11 12:12

Comments

P
Angelo Guarino
Nationality: United States of America
Certifications:
  • Regional Judge
  • Fleet Measurer
2
Peter, the simple technical answer is RRS  70.1(b).

The protestor/requestor should ask for a written explanation of why they were denied a hearing.  This simple act should spur those involved into action.  If it doesn't, the filing-party is building a record (along with the original filing, NOR, SI's, etc) for an appeal under 70.1.

RRS 63.1 (emphasis added)
"[...] The protest committee shall hear all protests and requests for redress that have been delivered to the race office unless it allows a protest or request to be withdrawn."

Ang
Created: 22-May-11 12:16
Ric Crabbe
Nationality: United States of America
Certifications:
  • National Judge
2
Appeal.  I sit on an association appeals committee and have twice heard appeals where a competitor was denied a hearing. Of course, we instructed the OA to hold a hearing.IIRC, in one case we appointed our own chair for it.
Created: 22-May-11 13:32
Mark Townsend
Nationality: United States of America
Certifications:
  • International Race Officer
  • International Umpire
  • International Judge
1
Agree with Angelo’s answer. Also note It is rule 65.2 that allows a competitor to request a written explanation.

65.2  A party to the hearing is entitled to receive the above information in writing, provided she asks for it in writing from the protest committee no later than seven days after being informed of the decision. The committee shall then promptly provide the information, including, when relevant, a diagram of the incident prepared or endorsed by the committee.

The above information is the information described in rule 65.1.

65.1 After making its decision, the protest committee shall promptly inform the parties to the hearing of the facts found, the applicable rules, the decision, the reasons for it, and any penalties imposed or redress given.


Created: 22-May-11 13:55
Rob Overton
Nationality: United States of America
Certifications:
  • National Judge
  • International Umpire
1
I agree with Angelo and Mark about establishing a paper trail, but I'll go a step further: Even if you don't get the paper trail (and, in my experience, you won't -- the protest committee chairman who ignored your protest will most likely ignore your request for a written explanation), you should APPEAL!  I've served on appeals committee that received appeal based on the allegation that there was no hearing, and the appellant won the appeal every time, without having any paperwork to prove they didn't get a hearing.  The fact of no hearing is difficult for the race organizers or protest committee to dispute, and it's not relevant whether the protest was timely or met the other requirements of rule 61.1.  Those are matters the protest committee will determine during the hearing.  You are entitled to a hearing, and the only way to get one is to appeal!  Look at Appendix R for instructions.
Created: 22-May-11 17:35
P
Angelo Guarino
Nationality: United States of America
Certifications:
  • Regional Judge
  • Fleet Measurer
0
Rob re: "[...] and it's not relevant whether the protest was timely or met the other requirements of rule 61.1.  Those are matters the protest committee will determine during the hearing.  You are entitled to a hearing [..]"

I'm just reposting what Rob wrote here to emphasize it as a stand-alone statement.  IMO, it's key and at the core of the answer to the entire thread.
Created: 22-May-12 13:11
Mark Townsend
Nationality: United States of America
Certifications:
  • International Race Officer
  • International Umpire
  • International Judge
0
Peter, I assume your national authority is Australian Sailing. The information on how to file an appeal is on their website. https://www.sailingresources.org.au/class-assoc/racing-rules/ You only have a limited amount of time to file an Appeal, so time is of the essence.

I would start by asking the organizing authority or protest committee the status of your hearing request. Even if the protest committee thinks your protest is invalid, they must have a hearing and allow you to attend.
 
Based upon their response you can pursue an appeal, which can be filed on the web. In your written appeal you must state the reasons why you believe the protest committee's interpretation of a rule, or its procedures, were incorrect. based upon your post the rules you could list are below.
  • Rule 63.1 - "A decision on redress shall not be made without a hearing."
  • Rule 63.2 - "All parties to the hearing shall be notified of the time and place of the hearing."
  • Rule 63.3 - "A representative of each party to the hearing has the right to be present throughout the hearing of all the evidence."
  • Rule 65.1 - "After making its decision, the protest committee shall promptly inform the parties to the hearing of the facts found, the applicable rules, the decision, the reasons for it, and any penalties imposed or redress given."

Based upon your post the reasons you could state are as follows. If they didn't hold a hearing, 

The protest committee failed to hold a hearing to consider redress as required by rule 63.1.


If they did hold a hearing but did not inform you. 

A hearing was held but the protest committee failed to inform the parties as required by rule 63.2. I was not allowed to be present at the hearing as required by rule 63.3. They failed to inform the parties as required by rule 65.1.


Created: 22-May-12 15:30
Peter Mcfarlane
Nationality: Australia
0
Thanks everyone for feed back
Created: 22-May-17 00:50
Aslan Ozcakir
Nationality: Turkey
Certifications:
  • National Judge
  • National Race Officer
0

What about reopening?  

Can a boat who is not a party of a hearing ask for a re-opening because in that hearing a redress was given and her score worsened? 

Would you consider to reopen a hearing requested by a boat who is NOT a party of the initial hearing? 

Thanks in advance for your comments. 
Aslan

Created: 22-May-17 03:42
Mark Townsend
Nationality: United States of America
Certifications:
  • International Race Officer
  • International Umpire
  • International Judge
1
Can a boat who is not a party of a hearing ask for a reopening because in that hearing a redress was given and her score worsened? 

Quick answer... No.

Any party to the hearing may request a re-opening of the hearing. In cases where the request for redress was from the race committee or the technical committee or considered by the protest committee under rule 60.3(b), parties are boats for which redress is requested. All other boats are ‘affected’ boats, but they are not parties.

An affected boat can request redress based on a claim that her score or place in a race or series has been or may be, through no fault of her own, made significantly worse by an improper action or omission of the protest committee, but not by a protest committee decision when the boat was a party to the hearing;
Created: 22-May-17 05:16
P
Angelo Guarino
Nationality: United States of America
Certifications:
  • Regional Judge
  • Fleet Measurer
0
Mark, agree with your post above, and also would like to add that local prescriptions may expand more easily those who are parties to a R4R. I’m thinking of our US prescription to RRS 63.2 as an example, where those who “participate in” the hearing, or request in writing, are automatically make a party to the R4R. 

US Sailing prescribes that when redress has been requested or is to be considered for one or more boats:

(a)Any other boat may participate in the hearing.
(b)The protest committee shall make a reasonable attempt to notify all boats of the time and place of the hearing and the reason for the request or for considering redress, and boats shall be allowed reasonable time to prepare for the hearing.
(c)The protest committee shall request redress for boats
        (1)that participate in the hearing, or
        (2)that request in writing to do so before the hearing begins, making them
parties to the hearing. It need not state a reason for such a request; this changes rule 62.2.
Created: 22-May-18 11:55
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