Rule 63.3: Conflict of Interest

63.3

Conflict of Interest

(a) A protest committee member shall declare any possible conflict of interest as soon as possible after becoming aware of it. (b) A party to the hearing who believes a protest committee member has a conflict of interest shall object as soon as possible. (c) A protest committee member with a conflict of interest shall not be a member of the protest committee for the hearing, unless: (1) all parties consent, or (2) the protest committee decides that the conflict of interest is not significant. However, for World Sailing major events, or for other events as prescribed by the national authority of the venue, a person who has a conflict of interest shall not be a member of the protest committee. (d) When deciding whether a conflict of interest is significant, the protest committee shall consider (1) the views of the parties, (2) the level of the conflict, (3) the level of the event, (4) the importance to each party of the case, and (5) the overall perception of fairness. (e) Any written information provided under rule 63.6(b) shall include any conflict of interest declared by a protest committee member, and any decision by the protest committee under rule 63.3(c)(2).

Definitions in Context

Committee

The protest committee, the race committee or the technical committee.

Conflict of Interest

A conflict of interest exists if a person

(a) may gain or lose as a result of a decision to which that person contributes,
(b) may reasonably appear to have a personal or financial interest which could affect that person’s ability to be impartial, or
(c) has a close personal interest in a decision.

Party

A party to a hearing is

(a) for a protest hearing: a protestor, a protestee;
(b) for a redress hearing: a boat requesting redress or for which redress is requested; a boat for which a hearing is called to consider redress under rule 61.1; a committee acting under rule 61.1;
(c) for a redress hearing under rule 61.4(b)(1): the body alleged to have made an improper action or improper omission;
(d) a person against whom an allegation of a breach of rule 69.1(a) is made; a person presenting an allegation under rule 69.2(e)(1);
(e) a support person subject to a hearing under rule 62 or 69; any boat that person supports; a person appointed to present an allegation under rule 62.2.

However, the protest committee is never a party.

Protest

An allegation made under rule 60 by a boat or a committee that a boat has broken a rule.

Rule

(a) The rules in this book, including the Definitions, Race Signals, Introduction, preambles and the rules of relevant appendices, but not the Basic Principles or titles;
(b) World Sailing Regulations that have been designated by World Sailing as having the status of a rule and are published on the World Sailing website;
(c) the prescriptions of the national authority, unless they are changed by the notice of race or sailing instructions in compliance with the national authority’s prescription, if any, to rule 88.2;
(d) the class rules (for a boat racing under a handicap or rating system, the rules of that system are ‘class rules’);
(e) the notice of race;
(f) the sailing instructions; and
(g) any other documents that govern the event.

63.3

Conflict of Interest

Definitions in Context

Committee

The protest committee, the race committee or the technical committee.

Conflict of Interest

A conflict of interest exists if a person

(a) may gain or lose as a result of a decision to which that person contributes,
(b) may reasonably appear to have a personal or financial interest which could affect that person’s ability to be impartial, or
(c) has a close personal interest in a decision.

Party

A party to a hearing is

(a) for a protest hearing: a protestor, a protestee;
(b) for a redress hearing: a boat requesting redress or for which redress is requested; a boat for which a hearing is called to consider redress under rule 61.1; a committee acting under rule 61.1;
(c) for a redress hearing under rule 61.4(b)(1): the body alleged to have made an improper action or improper omission;
(d) a person against whom an allegation of a breach of rule 69.1(a) is made; a person presenting an allegation under rule 69.2(e)(1);
(e) a support person subject to a hearing under rule 62 or 69; any boat that person supports; a person appointed to present an allegation under rule 62.2.

However, the protest committee is never a party.

Protest

An allegation made under rule 60 by a boat or a committee that a boat has broken a rule.

Rule

(a) The rules in this book, including the Definitions, Race Signals, Introduction, preambles and the rules of relevant appendices, but not the Basic Principles or titles;
(b) World Sailing Regulations that have been designated by World Sailing as having the status of a rule and are published on the World Sailing website;
(c) the prescriptions of the national authority, unless they are changed by the notice of race or sailing instructions in compliance with the national authority’s prescription, if any, to rule 88.2;
(d) the class rules (for a boat racing under a handicap or rating system, the rules of that system are ‘class rules’);
(e) the notice of race;
(f) the sailing instructions; and
(g) any other documents that govern the event.

Section B — General Limitations

Conflict of Interest

Section B — General Limitations

Conflict of Interest