Protest Committee & Hearing Procedures
Aggravated Rule 69 Incidents
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
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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.
The PC Chair has received information from a source. It (the PC) shall decide whether or not to call a hearing.
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:
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: