Forum: The Racing Rules of Sailing

A keen volunteer with a conflict of interest

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Benjamin Harding
Nationality: Hong Kong
100
Tips
Here's a sample case.

*Facts*

At a youth event, a parent volunteer assigned to the launch (sign-in/sign-out) area witnesses a competitor in the same class as their child removing their PFD a few hundred metres from the slipway as they return after a hot day's sailing.  (The SIs require PFDs to be worn at all times while afloat.)

The parent volunteer (having recently read the RRS Introduction and RRS 60.1) eagerly enters the online hearing request form and, within the time limit, submits a protest against that competitor, marking the request as a 'Race Committee Protest'.  The online system automatically posts the protest on the Official Notice Board.

If the competitor is penalised, the volunteer's own child will gain an important place in the competition.

*Questions*

1.  Is the protest valid?
a) Is the parent volunteer a member of the race committee?
b) Does the restriction of RRS 60.4(b)(3) apply?

2.  What should the protest committee consider / How should the protest committee handle the case?

3.  Has the parent volunteer acted incorrectly in any way?
Created: Today 11:09

Comments

Format:
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Roger Wilson
Hi,

My view (been there!) is that the protest is invalid under RRS 60.4(b)(3).

In the past I have put a warning on the event messaging system / Notice to Competitors that the behaviour is unacceptable and I will get the PC to check that the behaviour is not repeated.


Created: Today 11:43
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Angelo Guarino
Forum Moderator
Nationality: United States
I'll take a whack (nice one Ben!)

  1. Is the parent a member of the RC?
    1. Yes, Introduction: RC. They are performing an RC function IMO. 
  2. Does  60.4(b)(3) apply?
    1. Here is the rub. I've always read that restriction as pertaining to a "person" outside of the RC itself coming to the RC with a "report". 
      1. I can see now that my interpretation above is not clear as 60.4(b)(3) is written. 
    2. The check-in/out record the parent was keeping of kids and their PFD's, this would be an "RC Record" and not a "report".
    3. That said, the way it is written is not clear at all. 
  3. Is it valid?
    1. I would say "yes"
  4. How would PC proceed?
    1. I would contact the PRO and make sure they are aware that the RC has filed a protest. It may have been against their internal policy for individual RC members to protest boats (without going through the PRO first). 
    2. If the PRO wants to proceed with the protest; I'd proceed normally (otherwise allow it to be withdrawn by the PRO if requested). 
  5. Did the parent act incorrectly
    1. Depends upon the policy established by the PRO on who/when/how RC protests are generated. 
Created: Today 11:52
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Michael Butterfield
I see this as a report by a racecomittee member on behalf of the committee. To me this is not a "person" who i see as someone outside the committee. 

I believe the protest should proceed. 

It is not our fault "race committee" is defined so widley, and we suffer from it when competitors speak to check in of safety boats and they say or do something. 
Created: Today 12:19
Alan Keen
Angelo,
Your points 1.1 and 3.
There is no doubt that the parent is a member of the RC, but I don't think that this single person is the Committee who is able to submit a protest under 60.1. So I would say No, invalid.
Created: Today 12:24
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 19777 - Alan Keen
Alan ... Eventually a person has to submit (until AI takes over).  RC is defined in Introduction as anyone doing an RC function. 
Created: Today 12:32
Alan Keen
Reply to: 19777 - Alan Keen
The introduction specifies who makes up the Race Committee. I don't understand it to mean that each single person is a committee. A dictionary definition and the common meaning of "committee" is "a group of people appointed for a specific function..." So until the committee (decides to ) submits a protest (and it could decide to appoint a single person to make that decision and submit), I would not consider this a valid protest. I think you are saying something similar in your point 4.
Created: Today 13:11
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Angelo Guarino
Forum Moderator
Nationality: United States
Reply to: 19777 - Alan Keen
Alan .. here is the Introduction entry ...

Race committee         
The race committee appointed under rule 89.2(c) and any other person or committee performing a race committee function.

That deconstructs to ...

"Race Committee: .. any other person performing a race committee function.  

The RC can be "any other person" ... "person" being singular. 
Created: Today 13:55
Jim Champ
Nationality: United Kingdom
If I were the RC leader I would be disturbed by a volunteer submitting a protest without agreement from the RC heirarchy. Clearly this is not really an RC protest. So I would seriously consider withdrawing the protest unless the RC as a whole considered it desirable. But this is internal RC admin, not RRS. Presumably as an RC protest it need not, maybe ought not be led by the volunteer, so it would be easy to cancel. I might, indeed, as RC chair, consider that a withdrawn protest was quite enough to make the point. So I think Angelo's 4.1 and 4.2 are crucial.
Created: Today 12:39
Ric Crabbe
Nationality: United States
As a parent who does volunteer work like launching or checking in/out boats all the time, I would absolutely not consider myself a part of the RC.  The criterion I would use is, would I enter this into my SOARS? (The US Sailing RC/PC activity tracker) I’m no different from the parent that provides snacks for the coach boat. From another perspective, if I were PRO, would I consider some random parent part of my team? Probably not
Created: Today 12:48
Jim Champ
Nationality: United Kingdom
Reply to: 19780 - Ric Crabbe
Ric, its a bit gray. If there's a release/tally system under which competitors can be penalised for breaking then whoever runs it and reports breaches to the RC is surely a part of the RC. A parent who helps launch a few boats is clearly not RC, but in this case the parent was 'assigned', so I think they are acting as part of the RC. After all such roles are normally performed by volunteers who will often be parents.
Created: Today 13:03
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Benjamin Harding
Nationality: Hong Kong
Reply to: 19780 - Ric Crabbe
Ric, at some clubs, events are heavily populated in all RC areas by (parent) volunteers.  Mark-layers, finish boat record keepers, committee boat time keepers, safety boat rib drivers are all RC functions.  Our sport relies on parents to sometimes take on clear race committee functions.  I don't think we can discount them as being part of the RC.  At least the Introduction includes volunteers as RC if they are performing an RC function.

My question is posed such that the questions and issues apply too any parent volunteer in any of those race committee functions.


Created: Today 13:11
Paul Baehr
Nationality: Canada
1. A protest  has been “submitted”. Just because it was in the time limit does not make it “valid”. But it should be heard.
2. The hearing will decide whether it meets criteria of being valid proceed.
3. If it does, the  protest will be heard according to the formal process. Each side will state their case. Witnesses for either side may be called by the “litigants” if they choose to do so.
4. The jury will convene “in camera” and decide the outcome.

Now to my opinion as a  club certified judge.

We can assume that that child is there because he/she is contending that the fact that they broke a rule and that rule is pretty unambiguous. The life belt was either removed or it was not. The determination of the outcome will depend, as it often does, on the credibility of the parties and their witnesses outcome. 

The burden rests on the protestor to make their case. Because they will benefit (indirectly) from the outcome I would focus on the credibility of their witnesses.

If the protester has no witnesses and the child is credible, with or without witnesses, I would dismiss the protest.

If the protester’s case was rock solid I would ask my fellow jury members consider whether there is Rule 69 sanction that comes into play.

Created: Today 13:05
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