Forum: Protest Committee & Hearing Procedures

A protests B, C & D; B protests A & C; C protests only D .. but not all valid

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Angelo Guarino
Forum Moderator
Nationality: United States
Assume a scenario with 4 boats overlapped at a leeward rounding A -> D with A inside and D outside.  A touches the mark.  There is various bumper-boat contacts for all boats.  

All 4 boats deliver protests to the Race Office.  The PC, seeing that the protests are likely from the same incident, combines the protests into a single hearing.  Representatives for all 4 boats are at the hearing.

  • A protests B, C & D;
  • B protests A & C, and  
  • C protests only D

Starting with A's protest, since it names all parties, the PC takes evidence that A's protest might be invalid.  Next they look at B's and again they take evidence that B's might be invalid as well.  When they get to C's, it seems solid and likely valid, but her protest only identifies D.

The PC excuses the parties to discuss validity and finds that only C's protest of D is valid.

Understanding that it is likely that during C's hearing the PC will receive evidence that shows A and B were involved in this incident and may have broken a rule, how do you proceed after you bring the parties back for your validity decision?  Does your approach change if this hearing was scheduled days after the race and A and B drove a significant distance to be there?
Created: Today 12:20

Comments

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Michael Butterfield
The protest committee should protest the other boats see 60.4(c) (2)

Then continue. 
Created: Today 12:33
Graham Louth
Follow the procedure in RRS 63.2(d).
Created: Today 12:34
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Angelo Guarino
Forum Moderator
Nationality: United States
Mike and Graham .. yes .. follow 60.4(c)(2) and RRS 63.2(d) .. but when?

During the validity part of A and B's .. the information gained cannot be used because those were invalid.  During C's validity the only thing learned was that C hailed "protest" and flew the red flag timely.

Do you excuse A and B .. start C v D, start taking evidence and then follow 60.4(c)(2) and  63.2(d) and start over?
Created: Today 12:37
Gijs Vlas
 Rule 60.4(c)(2)
 The protest committee may also protest if, during the hearing of a valid protest, it learns that another boat (not a party to the original protest) was involved in the incident and may have broken a rule.

In practice, this means that if a protest committee is involved in a hearing (or otherwise informed), and discovers another boat was implicated in the situation, it can close the original hearing, lodge its own protest, and then hear the cases together under Rule 63.2(d)
Created: Today 12:38
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Michael Butterfield
You have a valid protest, as soon as you hear of the other boats possably having broken a rule, you stop the hearing, protest the other boats and then resume the hearing.
The boats are all parties then can hear all evidence and ask questions and of course later as a party be disqualified. 
Created: Today 12:41
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Angelo Guarino
Forum Moderator
Nationality: United States
Mike .. so you might excuse A and B momentarily (not parties to C v D) .. asking them to stay close .. start C v D but ask if A and B were involved and then proceed under 63.2(d).

.. or .. 

Might a PC, seeing this coming, gather some evidence during C's validity .. enough to justify 63.2(d) for efficiency?
Created: Today 12:47
Gijs Vlas
@ Angelo - What I do not understand is that A and B's protests would be invalid.
Under RRS 61.2(c), a protest “shall identify the incident.” That incident may involve one or more boats. So, a single protest form can validly include multiple boats, provided they were all part of the same incident (e.g., a three-boat mark-room pile-up). 
Created: Today 12:42
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18899 - Gijs Vlas
Gijs .. I didn't provide the defect in A's protest.  Assume A didn't hail "protest" on the water for instance and there was no damage or injury .. or the protest was delivered to the RO hours late and no "good reason" was given during validity.
Created: Today 12:44
Graham Louth
Before even starting to hear evidence about validity, I would seek to confirm that all three protests were indeed about the same incident, so as to confirm the decision to combine the three hearings into a single hearing (as per RRS 63.2(b)). If you did that then, in my view, you would already have the evidence you needed to proceed under 63.2(d) as soon as you had decided that A and B's protests were invalid, but C's was valid. So I would proceed in accordance with RRS 63.2(b) immediately.
Created: Today 13:03
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18902 - Graham Louth
, so as to confirm the decision to combine the three hearings into a single hearing (as per RRS 63.2(b))
Graham re: "I would seek to confirm that all three protests were indeed about the same incident, so as to confirm the decision to combine the three hearings into a single hearing"

Huh .. sounds interesting .. but in which protest was that evidence gathered if that evidence is gathered prior to validity?
Created: Today 13:07
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John Allan
Nationality: Australia
50
Tips
After the protest committee, in its validity deliberations, decides that A's protests and B's protests are invalid, and C's protest is valid, it must recall the parties and
  • declare C's protest is valid and that the hearing of that protest will continue.
  • declare that A's protest is invalid and that the hearing of that protest is closed.
  • declare that B's protest is invalid and that the hearing of that protest is closed.

I think the protest committee should advise or request A and B to remain nearby.

There is no way to get around the requirements of RRS 63.4(a)(1).

The protest committee should then hear C's protest against d up until the protest committee 'learns that A and B may have broken a rule'.

The protest committee should then close the hearing of C's protest and protest A and B (including writing protests, informing A and B of the intention to protest, providing them with the protests, and informing them of the time and place of the hearing (which will be about 5 minutes after putting the protests into their hands)).

The protest committee then opens a new hearing to hear PC v A, PC v B, and C v D together.

As long as A and B don't leave (or advised not to leave) the protest hearing venue after initially having their protests declared invalid, there should be no problem
Created: Today 13:09
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18904 - John Allan
John .. also .. I didn't mention in my OP .. but one might want to keep an eye to RRS 63.4(e)(1).  A and B might end up witnesses if not parties.  So for that reason also, a process which is clean is beneficial.

PS:  Precisely the dialog i was hoping with this scenario.  "Being forewarned is being forearmed" :-)
Created: Today 13:20
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Niko Kotsatos
Nationality: United States
Reply to: 18904 - John Allan
One slight nitpick is that from the original post, it seems PC is more likely to protest B and C, rather than A and B.
Then am I right, there is some change in the order you hear evidence due to the invalid protests as compared to if they were valid?
Created: Today 14:03
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18904 - John Allan
eems PC is more likely to protest B and C, rather than A and B
Niko re: "seems PC is more likely to protest B and C, rather than A and B"

Really happy to see you working through this in your head Niko.  That was exactly my hope .. especially for JIT's like yourself.

When looking a combined hearings, 99% of the time I will start validity at the protest that names all the parties directly (if one exists).  The reason being that if that protest is clearly valid, there is really no need to spend a lot of time checking validity of the remaining protests.

The other thing I was hoping people would consider is under what umbrella evidence is gathered.  60.4(c)(2) requires the evidence be found in a valid protest.  Therefore, logically, I think that evidence can only come after validity has been established or during the validity evidence-gathering for that particular valid protest.

The other thing is that hearing procedures require that witnesses be excused when not giving evidence.  So, as John A nicely laid out, being prudent about who is in the room and when is important, in the possible event that the dismissed boats become PC witnesses instead of parties to a PC protest.
Created: Today 14:25
Warren Collier
Nationality: United States
Reply to: 18904 - John Allan
I agree with John's procedural flow with the slight change of Niko's logic that says PC should protest B & C rather than A since A was the inside boat and thus is considered exonerated by 43.1 during the pinwheel at the mark. This logic leads to the following thoughts:
1. If the PC doesn't protest A, they aren't a party, and thus can't be penalized in the new hearing. However, they are not privy to the other parties' testimony, nor are they able to question the other parties during the hearing, but can be called as a witness against B, C & D by the PC.
2. It seems redundant for the PC to protest C as well as B since C is already a party and can be penalized by their original valid protest.
3. If during the new hearing one of the parties brings up A hitting the mark or the bumper boat contact - the PC isn't required to make A a party by 60.1, 60.4(c)(2) and 63.2(d) again because the PC is implicitly agreeing that A was exonerated by 43.1.
Created: Today 15:37
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Niko Kotsatos
Nationality: United States
Reply to: 18904 - John Allan
So, I guess I could amend my statement that PC would only protest B and C, in that we also have heard A may have broken RRS 31, so even if we expect them to be exonerated, we still have grounds to protest if we want them included as a party and not just as a witness.
Created: Today 16:08
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John Allan
Nationality: Australia
OK, so when the protest committee announces its decision about the validity of A and B's protests, it could also advise them that they will be required as witnesses [in the hearing of C v D protest], and should stick around.

As witnesses, until they become parties to a valid protest they have to stay out of the protest room.

Actually, I wouldn't mind telling them 'It may be that as a result of the hearing of C's protest the protest committee will proceed to hear the allegations made in your protests'.
Created: Today 13:40
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Michael Butterfield
We when possible have a jury secretary to
Check for cases to be held together
Invalid cases exposed on the papers. 
Cases with insufficient parties where witnesses may beed to be parties. 

We then in advance protest some extra sailors to ensure a swift resolution of hearings. 
Created: Today 14:03
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John Allan
Nationality: Australia
See RRS 60.4(c) and (d).

A protest committee cannot validity protest a boat based on information from a person with a conflict of interest.

A protestor is a person with a conflict of interest, so a protest committee cannot validly protest a boat based on a written protest

UNTIL

it learns, in a valid hearing that a boat may have broken a rule.
Created: Today 14:15
Warren Collier
Nationality: United States
Reply to: 18909 - John Allan
Niko - see John's response to this. He meant 60.4(b) and (c).
Created: Today 16:18
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Niko Kotsatos
Nationality: United States
Reply to: 18909 - John Allan
Thanks Warren, I had missed this!
Created: Today 19:21
Graham Louth
I don't disagree with anything that John has said. The only point I am challenging is the need to continue with the hearing of boat C's valid protest (with the representatives of boats A and B outside the room) before closing the hearing and protesting those two boats if the PC has already learnt in the (single) hearing held up to that point that boats A and B were also involved in the incident and *may* have broken a rule. If the PC has combined the hearings into a single hearing, and at least one of the relevant protests is valid, I think everything that the PC has learnt in the hearing up to that point remains acceptable for the purposes of RRS 60.4(c)(2). But if you want to be 'squeaky clean' then by all means continue with the hearing of boat C's valid protest, but don't waste everyone's time by proceeding in the usual way - just ask the question "Were A and B also involved in the incident and is it possible that they may have broken a rule?".
Created: Today 14:18
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18910 - Graham Louth
"Were A and B also involved in the incident and is it possible that they may have broken a rule?".
Graham re: "..  just ask the question 'Were A and B also involved in the incident and is it possible that they may have broken a rule?'."

OK .. I hear you Graham.  What do people think about this direct approach?
Created: Today 14:38
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John Allan
Nationality: Australia
Niko,  No rule prescribes the order in which the protest committee hears evidence from the parties.

Sometimes it's smart to hear from the party with the biggest story to tell, or the protests against the most boats first.

Sometimes you can start with the party whose evidence you expect to be least contentious, so as to build up some uncontested facts that everyone can work from.
Created: Today 14:21
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Michael Butterfield
How manyhearings do you do? There is always time pressure. 
You can protest as a committee who you want, they lie on the file until possibly invalid. 
When you hear the valid protest your protests validated. The parties have notice and you can continue without delay on what will be a difficult matter. 
Created: Today 14:24
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John Allan
Nationality: Australia
Graham, i prefer to try to be squeaky clean with procedures because whe protest committees try to take short cuts that's whe they trip themselves up.

While, arguably it's nobody's  business how a protest committee learns that a boat may have broken a rule,  Personally,  I'd be wanting to hear at least one description of incident from a party to a valid protest saying how A and B may have broken a rule, before I delivered a protest committee protest.

I think, procedurally, you absolutely must
  • Declare A and B's protests invalid and say the hearing of those protests is closed
  • Hear some part of C's valid protest before deciding to protest A and B.
  • Inform, notify and deliver your protests to A and B.
Then you can go ahead with your all in hearing.
Created: Today 14:39
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18915 - John Allan
Maybe IJ's serving on a properly composed International Jury can confidently take more direct routes with an eye to efficiency at large events as they are not subject to appeal.  

I, being subject to appeal, and often serving on PC panels with the members of my local appeals comm, I'd rather not endure those, "Ang, what the $%#! were you thinking" looks (more than I already get!). :-)
Created: Today 15:02
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18915 - John Allan
While, arguably it's nobody's  business how a protest committee learns that a boat may have broken a rule,
John re: "While, arguably it's nobody's  business how a protest committee learns that a boat may have broken a rule,"

Isn't it the business of the boats protested by the PC?  On appeal, those boats can argue improper action by the PC and have the protest invalidated if the evidence was gathered outside of a valid protest.

Whenever I've chaired a PC that protested another boat, and I restart the hearing combining the protests, I go though the validity all over again including the validity of the PC protest.  During that time, I have re-established the validity of the hearing the evidence was taken in and summarized what/when the PC "learned" leading to the PC protest.
Created: Today 15:21
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Niko Kotsatos
Nationality: United States
Reply to: 18915 - John Allan
Could we rely on the info in the written protest to protest them and declare them as parties to the hearing?
Created: Today 16:07
Paul Murray
Nationality: United States
John Allan. Thanks for your post. Like most it was complete and clear!

I want to address the last question the OP asked about distance and time. If the participants are traveling significant distances, I would think protest hearings would be scheduled when daily racing is complete.  Waiting days after poses risks of failing memory and scheduling conflicts.  In the current technological environment, hearings, if not practical to be held in person can use ZOOM for timely hearings regardless of distance.  

So No,  I don’t think Time and/or distance should affect the hearing procedure.
Created: Today 14:48
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 18916 - Paul Murray
So No,  I don’t think Time and/or distance should affect the hearing procedure.
Paul .. yea .. fair comment.  Maybe I should have been more clear.  

When I said "significant" I simply meant far enough that it would be a PITA to be sent home only to be asked to return.  For me, that's anything over 20 min driving time one-way.  So, really we're talking about hearings that, for one reason or another .. or by design in the SI's .. are not heard on the same day as racing.
Created: Today 14:53
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Michael Butterfield
You can only rely on valid protests 
Created: Today 16:28
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Daniele Romano
Nationality: Italy
I deliberately haven’t read the thread yet, so I won’t be influenced by what others wrote.
Here’s what I would suggest if I were on the Protest Committee (though keep in mind I’m a rather newbie here):

  1. Hold the only valid hearing—the one with boats C and D present;

  2. If, and only if, that hearing revealed evidence that A and/or B may have broken a rule, then I’d have the PC file a protest under RRS 60.4(c)(2) against one or both boats, and continue according to 63.2(d);

  3. The question of distance is tricky, but in my opinion, it falls outside the Rules. Nowadays, though, remote hearings are a valid alternative to being physically present. If that weren’t possible, and the PC’s documents already suggested a strong likelihood of needing to proceed as in point 2, then I’d kindly ask A and B to be ready in advance.

Created: Today 18:02
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