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Protest Committee & Hearing Procedures

Aggravated Rule 69 Incidents

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John Quirk
Nationality: New Zealand
Certifications:
  • National Judge
  • Judge In Training
Along with a host of other WS homework-study items, that I was recently given, included the study item below (which I am sure many on this forum have seen before):

“7. You are the chairman of the protest committee. It is 10:00 PM and the club is closing. You have just been told by the club manager that in an argument with the bartender about one hour ago, the tactician aboard one of the offshore boats was intoxicated and used foul and abusive language. In anger, the tactician allegedly threw a beer bottle at the bartender. What should the protest committee do? What rules apply?”

Of course, the simple answer is to follow Rule 69 (and that SoP) and the relevant WS reference documents: G.2 (World Sailing Judges Manual) and WS Misconduct Guidance etc, and which are all straightforward enough.

However, given the nature of the cited incident-example, and while not specifically stated in the above referenced WS documents, I presume that the OA would also be immediately engaged, and their counsel and even resources sought - e.g. local Lawyer members and/or suitably qualified investigator etc; and to be circumspect and to tread lightly about investigating, ‘testing’ and deciding to hold a hearing etc (are police involved and/or civil proceedings being instigated – soberingly, G4.4.4). 

Any intimate experiences with this type of incident?

Created: Today 08:25

Comments

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Jim Champ
Nationality: United Kingdom
I should have thought the answer was as little as possible. Isn't involving law enforcement and the like a matter for the building owners/management? So is a decision on whether to eject any person from the premises.  A PC could only get in the way of the professionals. At the absolute most gathering names and addresses of any witnesses. Certainly couldn't hold any kind of hearing if any of the parties are intoxicated. Surely a misconduct hearing ought to wait until the dust has settled.
Created: Today 09:52
P
Michael Butterfield
Certifications:
  • International Judge
  • International Umpire
  • International Race Officer
It would be up to the club, which may not be the OA to see if membership regulations were breached and for them to involve the police.

The protest chair  can do no more than collect some information and brief his team early morning.

He will soon be told to leave the club; the team is probably dispersed.

He needs a hearing to decide id a 69 should be brought, it is not their decision.

At his accommodation, the chair can plan and prepare an RRS 69 notice in case it is approved in the morning.

The boat owner's telephone number could be sought in case the owner needs to know about his crew member's actions and the possible consequences; he may choose not to take him to avoid endangering the boat's score.

Contact the protest team for an early meeting to discuss least an early (before race ) hearing is required.

With simple facts like bottle throwing and bad language no real need for an investigator, as few witnesses will be required

, and this simplifies matters.
Created: Today 10:27
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Angelo Guarino
Forum Moderator
Nationality: United States
Certifications:
  • Regional Judge
What Mike said I think.  

69.2(b) When a protest committee, from its own observation or from information received from any source, including evidence taken during a hearing, believes a person may have broken rule 69.1(a), it shall decide whether or not to call a hearing.

The PC Chair has received information from a source.  It (the PC) shall decide whether or not to call a hearing.  
Created: Today 12:35
P
John Allan
Nationality: Australia
Certifications:
  • National Race Officer
  • National Judge
As you are probably aware the IJ Seminar 20 Questions are to get you thinking about complex and unusual issues and refamiliarising yourself with some less used rules.  Your 'solutions' are not handed in or assessed, although the intelligence and diligence you demonstrate in the discussions may influence the senior IJ presenting in your favour.  It always helps if presenters think well of you and want to help you get along.

So, you need to describe how you would want the scenario to play out.  Don't forget to look at RRS M6.

You need to keep a sense of perspective:  it is a breach of good manners, it has no effect on the fairness of the competition and is not an issue involving protection of competitors from harassment, bullying etc.  While it is serious, and in the old money is undoubtedly gross misconduct, it is not World War 3:  it is at the lower end of criminality.

You do not need a 'qualified' investigator:  who you choose to investigate is up to you.

You do not need any legal advice to conduct a RRS 69 hearing.  There is no decision a protest committee can make under RRS 69.2(h) that can have any legal repercussions:  The only actions a protest committee can take under RRS 69.2(h) affect places in races at the event.  This cannot lead to, for example CAS proceedings for restraint of trade.  Of course the protest committee should exercise discretion in making any communications about the matter that may be defamatory (see RRS 63.6(c) and (d)).

Obviously this is a time-line problem.  The scenario opens after close of business and you need to fit in the procedures required by RRS 69.2 in between when you receive the initial information and when you want any penalty, such as exclusion from racing, to apply.  You will need to pay particular attention to:
  • time required to identify and appoint an investigator and time for the investigator to carry out their investigations;
  • time required to draft and produce the written notice to the person, and to effectively deliver that notice to the person,
  • what is a reasonable time to be allowed to the person to prepare for the hearing.
and how this can all be fitted in to the racing schedule.

While it is not strictly a requirement, I would want to talk to the Regatta Chair or a senior Flag Officer or Board Member of the OA and find out how seriously they view the incident, and broadly, what they would like to see happen.  I would be cautious about placing too much reliance on what a staff manager of the host club tells you.

Just note the following:
  • RRS 69.2(a) requires a protest committee of at least three members.
  • Actions under RRS 69.2, such as deciding whether or not to hold a hearing and appointing an investigator are actions of the protest committee:  the protest committee chair is not authorised to take these actions without the agreement of the committee.
  • The appointment of an investigator under RRS 69.2(c) is conditional on the protest committee deciding that they need more information to enable them to decide whether or not to call a hearing:  if you initially decide to call a hearing, you cannot appoint and get the benefit of an investigator after you make that decision.
Created: Today 14:15
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