Rule M2.1: Make sure that

Section M — Recommendations For Protest Committees

This appendix is advisory only; in some circumstances changing these procedures may be advisable. It is addressed primarily to the protest committee chair but may also help judges, protest committee secretaries, race committees and others involved in hearings.

In a hearing, the protest committee should weigh all testimony with equal care; should recognize that honest testimony can vary, and even be in conflict, as a result of different observations and recollections; should resolve such differences as best it can; should recognize that no boat or competitor is guilty until a breach of a rule has been established to the satisfaction of the protest committee; and should keep an open mind until all the evidence has been heard as to whether a boat or competitor has broken a rule.

M2.1

Make sure that

(a) each party has the opportunity to read the protest, request for redress or allegation and has had reasonable time to prepare for the hearing (rules 63.1(a)(2) and 63.1(a)(3)).
(b) only one person from each party is present unless an interpreter is needed (rule 63.1(a)(4)).
(c) all boats and people involved are represented. If they are not, however, the committee may proceed under rule 63.1(b).
(d) boats’ representatives were on board when required (rule 63.1(a)(4)).
(e) when the parties were in different events, both organizing authorities accept the composition of the protest committee (rule 63.2(e)).
(f) in a protest concerning class rules, obtain the current class rules and identify the authority responsible for interpreting them (rule 63.5(d)).

Definitions in Context

Committee

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

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.