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Part appendices

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.

M3.3

Find the facts (rule 63.5(a)).

  • (a) Write down the facts; resolve doubts one way or the other.
  • (b) Call back parties for more questions if necessary.
  • (c) When appropriate, draw a diagram of the incident using the facts you have found.

Definitions in Context

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.

Rule M3.2

- (a) Ask the parties to tell their stories. Then allow them to question one another. In a redress matter, ask the party to state the request. - (b) Make sure y...

Rule M3.4

- (a) Base the decision on the facts found. (If you cannot, find some more facts.) - (b) In redress cases, make sure that no further evidence is needed from boa...

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