Forum: Protest Committee & Hearing Procedures

RRS 63.5(c) and what a PC "believes"

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Angelo Guarino
Forum Moderator
Nationality: United States
RRS 63.5(c)
If there is a conflict between
(1) two or more rules that must be resolved before a decision can be made, and
(2) those rules are in the notice of race, the sailing instructions, or any of the other documents that govern the event under item (g) of the definition Rule, then the protest committee shall apply the rule that it believes will provide the fairest result for all boats affected.

Q1) Once a PC determines what it "believes" and applies that belief in a decision, can the PC change its mind (continuing the construct) based upon new information or analysis?

Q2) If not, why not? If so, how and what is the correct procedure?
Created: Fri 17:48

Comments

Format:
John Mooney
Nationality: United States
63.7. Reopening a Hearing
(a) The protest committee may reopen a hearing if it decides
  (1) ...
  (2) it may have made a significant error, or
  (3) significant new evidence has become available within a reasonable time.
Created: Fri 18:11
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Angelo Guarino
Forum Moderator
Nationality: United States
John M .. can what a PC believes at the time of the decision be an error?
Created: Fri 18:17
John Mooney
Nationality: United States
Ang, in my view, if a PC "changes its mind" about the analysis that led them to their original decision to grant redress (and what form it should take), then by definition, they have concluded that they made a significant error in that original analysis, and may reopen the hearing to consider correcting it and the decision that flowed from it. Why they came to that conclusion, and whether you or I agree that they erred is irrelevant; it's their call, and they are empowered by 63.7 to make it.
Created: Fri 18:56
Michael Moradzadeh
A change of mind can always be blamed on "we learned something new," rather than "oopsie!"
Created: Fri 18:24
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Angelo Guarino
Forum Moderator
Nationality: United States
Michael ... so no new raw evidence, but a different analysis yields "new evidence"?

The problem with using the "new evidence" here is that under what procedure is that evidence being presented and by whom?  63.5(c) says nothing about basing the PC's belief on evidence.   
Created: Fri 18:41
Greg Dargavel
For me, in this situation ( a concern that the original "belief"  - I'd rather term it an "interpretation" - might be wrong) the PC would need to consider re-opening on the basis that it may have made a significant error, rather than new evidence.
Created: Fri 18:53
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Angelo Guarino
Forum Moderator
Nationality: United States
Greg .. yea .. the RRS uses "believes".
Created: Fri 19:04
Greg Dargavel
Angelo - RRS is closer to God in its terminology than me ;-)
Created: Fri 19:07
Niko Kotsatos
Nationality: United States
What is "fair" will be based on assumptions and conditions. If it turns out that those assumptions are wrong, then that would be new evidence or an error. If expected conditions were different, or you thought something solid was in fact not so, then you could change your mind based on that info.

I don't really see an opportunity to go back and change the ruling just because the opinion has changed. That might be looked upon as favoring one party or another. There would always need to be some sort of new evidence or information (or an error corrected) in order to change a PC ruling IMO.
Created: Fri 19:49
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John Allan
Nationality: Australia
Angelo,  John M .. can what a PC believes at the time of the decision be an error? 

Yes, there is such a thing as an 'erroneous belief'.

But more to the point, regardless of the 'belief' relating to a fact or conclusion,  it may be that the protest committee decides that there may have been a significant error in the outcome (decision).

A protest committee can always undo a wrong decision by reopening, even when  RRS 90.3(e) is on:  in that case the protest committee can publish it's correct decision, but the race committee cannot change the scores as a result.
Created: Fri 20:11
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John Allan
Nationality: Australia
100
Tips
..Michael,  A change of mind can always be blamed on "we learned something new," rather than "oopsie!"

 A protest committee should always have enough spine to admit it may have been wrong, rather than looking for an excuse like ' new evidence '.
Created: Fri 20:44
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