Part 5 - Protests, Redress, Hearings, Misconduct and Appeals

A boat or committee may protest a boat.

(a) If a protest concerns an incident observed by the protestor in the racing area: (1) If the protestor is a boat, she shall hail ‘Protest’ and, if her hull length is longer than 6 metres, conspicuously display a red flag, at the first reasonable opportunity for each. She shall display the flag until she is no longer racing. (2) If the protestor is a committee, it shall inform the boat after the race within the protest time limit of its intention to protest her. (b) However, if (1) the protestee is not within hailing distance at the time of the incident, (2) the incident was an error in sailing the course, (3) the incident was not observed by the protestor in the racing area, or (4) a protest committee decides to protest a boat under rule 60.4(c), then the only requirement for the protestor is to inform the protestee of its intention to protest at the first reasonable opportunity. (c) If at the time of the incident it is obvious to a protesting boat that a member of either crew is in danger, or that injury or serious damage has resulted, rules 60.2(a) and 60.2(b) do not apply to her, but she shall attempt to inform the other boat within the protest time limit of her intention to protest. (d) A committee may inform a boat of its intention to protest by posting a notice on the official notice board.

(a) When delivered, a protest shall be in writing and identify the protestor, the protestee, and the incident. (b) A protest shall be delivered to the race office (or by such other method as stated in the sailing instructions) within the protest time limit unless the protest committee decides there is good reason to extend the time. The protest time limit is (1) for protests about an incident observed in the racing area, two hours after the last boat in the race finishes, or (2) for other protests, two hours after the relevant information is available to the protestor. However, if the sailing instructions state a different protest time limit, then that time limit applies instead.

(a) A protest is invalid (1) if it does not comply with the definition Protest or rule 60.2 or 60.3, (2) if it is from a boat that alleges a breach of a rule of Part 2 or rule 31, but she was not involved in it or did not see the incident, or (3) as far as it alleges a breach of rule 69 or a Regulation referred to in rule 6, unless permitted by the Regulation concerned. (b) A protest is invalid also if it is from a committee and is based on information from (1) a request for redress, (2) an invalid protest, or (3) a report from a person with a conflict of interest (other than a representative of the boat herself). (c) However, rule 60.4(b) does not apply to a protest from (1) the protest committee if it learns of an incident involving a boat that may have resulted in injury or serious damage, (2) the protest committee if it learns during the hearing of a valid protest that the boat, although not a party to the hearing, was involved in the incident and may have broken a rule, or (3) the technical committee if it has first conducted an inspection and decided a boat or personal equipment does not comply with the class rules or rule 50.

(a) The protest committee shall conduct a hearing as required by rule 63 to decide a protest. (b) A boat shall only be penalized (1) at a protest hearing to which she is a party, (2) under rule 62.4, 64 or 69, or (3) under a rule which expressly states that a penalty may be applied without a hearing. (c) If the protest committee decides that a boat has broken a rule it shall disqualify her whether or not the applicable rule was mentioned in the protest. However, the boat shall not be disqualified if (1) she is exonerated or some other penalty applies, (2) the boat has already taken an applicable penalty, in which case she shall not be penalized further unless the penalty for a rule she broke is disqualification that is not excludable, (3) the race is restarted or resailed, in which case rule 36 applies, or (4) she broke a class rule and rule 60.5(d)(1) applies. If a boat has broken a rule when not racing, her penalty shall apply to the race sailed nearest in time to the incident. (d) If the protest committee decides that a boat has broken a class rule: (1) the boat shall not be penalized if any deviations in excess of tolerances specified in the class rules were caused by damage or normal wear and they did not improve the performance of the boat, (2) the boat shall not race again until any such deviations have been corrected unless the protest committee decides there is, or has been, no reasonable opportunity to do so, (3) any breach of the same rule in earlier races in the same event may have the same penalty imposed for all such races without further protest, and (4) the boat may compete in subsequent races without changes to the boat, but only if she states in writing that she intends to appeal. If she fails to appeal, or the appeal is not successful, she shall be disqualified without a hearing from all subsequent races in which she competed.

(a) A boat may request redress. (b) The race committee or the technical committee may request redress for a boat. (c) The protest committee may call a hearing to consider redress for a boat.

(a) A request for redress shall be in writing and identify the reason for making it. (b) A request shall be delivered to the race office (or by such other method as stated in the sailing instructions): (1) if it is based on an incident in the racing area, within the protest time limit or two hours after the incident (whichever is later), (2) if it is based on a protest committee decision on the last scheduled day of racing, no later than 30 minutes after the decision was posted, or (3) for all other requests, as soon as reasonably possible after the relevant information is available. However, the protest committee shall extend the time if there is good reason to do so.

A request for redress is invalid if it does not comply with rule 61.2.

(a) The protest committee shall conduct a hearing as required by rule 63 to decide whether to grant redress. (b) A boat is entitled to redress if her score or place in a race or series has been made, or may be made, significantly worse through no fault of her own by (1) an improper action or improper omission of a committee or the organizing authority, but not by a protest committee decision when the boat was a party to the hearing, (2) injury or physical damage because of the action of a boat that was breaking a rule of Part 2 and took an appropriate penalty or was penalized, (3) injury or physical damage because of the action of a vessel not racing that was required to keep clear or is determined to be at fault under the IRPCAS or a government right-of-way rule, (4) giving help (except to herself or her crew) in compliance with rule 1.1, or (5) an action of another boat, or a crew member or support person of that boat, that resulted in a penalty under rule 2 or a penalty or warning under rule 69. (c) If a boat is entitled to redress, the protest committee shall make as fair an arrangement as possible for all boats affected, whether or not they asked for redress. This may be to adjust the scoring (see rule A9 for examples) or finishing times of boats, to abandon the race, to let the results stand or to make some other arrangement. (d) If there is doubt about the facts or probable results of any arrangement for the race or series, especially before abandoning the race, the protest committee shall take evidence from appropriate sources.

Upon receipt of a report from a boat or a committee, or based on its own observation or information from any source, including evidence taken during a hearing, the protest committee may call a hearing to consider whether a support person has broken a rule.

If the protest committee decides to call a hearing, it shall conduct a hearing as required by rule 63 and may appoint a person to present the allegations.

If the protest committee decides that a support person who is a party to the hearing has broken a rule, it may (a) issue a warning, (b) exclude the person from the event or venue or remove any privileges or benefits, or (c) take other action within its jurisdiction as provided by the rules.

In addition, if the protest committee decides that (a) a boat may have gained a competitive advantage as the result of the breach by the support person, or (b) the support person committed a further breach after the protest committee warned a boat in writing, following a previous hearing, that a penalty may be imposed, then the protest committee may also penalize a boat that is a party to the hearing for the breach of a rule by a support person by changing the boat’s score in a single race, up to and including disqualification.

(a) All parties to a hearing shall be (1) informed of the time and place of the hearing, (2) given access to the protest, request for redress, or report to be considered at the hearing, (3) allowed reasonable time to prepare for the hearing, and (4) allowed to have a representative present throughout the hearing of the evidence but, in a protest involving a breach of a rule of Part 2, 3 or 4, representatives of boats shall have been on board at the time of the incident unless there is good reason for the protest committee to decide otherwise. (b) If a party does not come to a hearing, the protest committee may proceed with the hearing in their absence.

(a) The protest committee shall hear each protest or request delivered unless it allows it to be withdrawn. (b) The protest committee may combine hearings which arise from the same or very closely connected incidents into one hearing. However, a hearing under rule 69 shall not be combined with any other type of hearing. (c) If the validity requirements are met, the protest committee may change the type of case if it is appropriate to do so having considered the information in the case, including any evidence given during a hearing. (d) If the protest committee decides to protest a boat under rule 60.4(c)(2), it shall close the current hearing, deliver a protest in accordance with the rules, and then hear the original and new protests together. (e) A hearing involving parties in different events conducted by different organizing authorities shall be heard by a protest committee acceptable to those authorities.

(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).

(a) The protest committee shall first consider validity. The hearing shall be closed if (1) a protest or request is invalid, or (2) a protest was made under rule 60.4(c)(1) and there was no injury or serious damage. (b) The protest committee shall take the evidence of the parties present at the hearing, their witnesses, and any other evidence it considers necessary. Hearsay evidence is admissible. However, the protest committee may exclude evidence which is irrelevant or unduly repetitive. (c) A party present at the hearing may question any person who gives evidence. (d) A member of the protest committee who saw the incident shall, as soon as reasonably possible, declare this fact to the parties attending the hearing. (e) A witness shall be excluded from the hearing when not giving evidence, except for a witness who: (1) is also a party, or (2) is a member of the protest committee.

(a) The protest committee shall consider the evidence and decide what weight to give it. It shall then find the facts based on the balance of probabilities (unless an applicable rule requires otherwise), and then apply the rules to those facts to make its conclusions and a decision. (b) Decisions shall be made by simple majority vote. When there is an equal division of votes, the chair of the hearing may cast an additional vote. (c) If there is a conflict between (1) two or more rules that must be resolved before a decision can be made, and (2) those rules are in the notice of race, the sailing instructions, or any of the other documents that govern the event under item (g) of the definition Rule, then the protest committee shall apply the rule that it believes will provide the fairest result for all boats affected. (d) If the protest committee is in doubt about the meaning of a class rule, it shall refer its questions, together with the relevant facts, to an authority responsible for interpreting the rule. In making its decision, the protest committee is bound by the authority’s reply.

(a) The protest committee shall promptly inform the parties to the hearing of the facts found, the applicable rules, the decision, the reasons for it, any penalties imposed, and any redress given. (b) If requested by a party in writing within seven days of being informed of the decision, the above information shall be provided promptly in writing and the protest committee may, if it considers it relevant to do so, prepare or endorse a diagram. (c) The protest committee may publish the above information after any hearing, including a hearing under rule 69, unless it decides there is good reason not to do so. (d) The protest committee may direct that the above information is to be confidential to the parties. (e) If the protest committee penalizes a boat under a class rule, it shall send the above information to the relevant class rule authorities.

(a) The protest committee may reopen a hearing if it decides (1) a party was unavoidably absent from the hearing, (2) it may have made a significant error, or (3) significant new evidence has become available within a reasonable time. However, a protest committee shall reopen a hearing when required to do so by the national authority under rule 71.3 or R5. (b) A party to the hearing may request a reopening by delivering a written request to the race office (or by such other method as stated in the sailing instructions) no later than 24 hours after being informed of the decision. The request shall identify the reason for making it. However, on the last scheduled day of racing the request shall be delivered (1) within the protest time limit if the requesting party was informed of the decision on the previous day; (2) no later than 30 minutes after the party was informed of the decision on that day. A request that does not comply with this rule is invalid. (c) The protest committee shall consider all requests to reopen a hearing. When a request to reopen is being considered, or when the hearing is reopened, (1) if based only on new evidence, a majority of the members of the protest committee shall, if practicable, be members of the original committee; (2) if based on a significant error, the protest committee shall, if practicable, have at least one new member.

Questions of legal liability arising from a breach of a rule, including any claims for monetary damages, shall be governed by prescriptions, if any, of the national authority.

Any measurement costs arising from a protest involving a class rule shall be paid by the unsuccessful party unless the protest committee decides otherwise.

(a) A competitor, boat owner or support person shall not commit an act of misconduct. (b) Misconduct is: (1) conduct that is a breach of good manners, a breach of good sportsmanship, or unethical behaviour; or (2) conduct that may bring, or has brought, the sport into disrepute. (c) An allegation of a breach of rule 69.1(a) shall be resolved in accordance with the provisions of rule 69. It shall not be grounds for a protest.

(a) A protest committee acting under this rule shall have at least three members. (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. (c) When the protest committee needs more information to make the decision to call a hearing, it shall consider appointing a person or persons to conduct an investigation. These investigators shall not be members of the protest committee that will decide the matter. (d) When an investigator is appointed, all relevant information gathered by the investigator, favourable or unfavourable, shall be disclosed to the protest committee, and if the protest committee decides to call a hearing, to the parties. (e) If the protest committee decides to call a hearing, it shall promptly inform the person in writing of the alleged breach and of the time and place of the hearing and follow the procedures in rule 63, except that: (1) unless a person has been appointed by World Sailing, a person may be appointed by the protest committee to present the allegation. (2) a person against whom an allegation has been made under this rule shall be entitled to attend the hearing with an advisor and a representative who may act on the person’s behalf. (f) If a party (1) provides good reason for being unable to come to the hearing at the scheduled time, the protest committee shall reschedule it; or (2) does not provide good reason and does not come to the hearing, the protest committee may conduct it without that party present. (g) The standard of proof to be applied is the test of the comfortable satisfaction of the protest committee, bearing in mind the seriousness of the alleged misconduct. However, if the standard of proof in this rule conflicts with the laws of a country, the national authority may, with the approval of World Sailing, change it with a prescription to this rule. (h) When the protest committee decides that a competitor or boat owner has broken rule 69.1(a), it may take one or more of the following actions (1) issue a warning; (2) change their boat’s score in one or more races, including disqualification(s) that may or may not be excluded from her series score; (3) exclude the person from the event or venue or remove any privileges or benefits; and (4) take any other action within its jurisdiction as provided by the rules. (i) When the protest committee decides that a support person has broken rule 69.1(a), rules 62.3 and 62.4 apply. (j) If the protest committee (1) imposes a penalty greater than one DNE; (2) excludes the person from the event or venue; or (3) in any other case if it considers it appropriate, it shall report its findings, including the facts found, its conclusions and decision to the national authority of the person or, for major international events listed in the World Sailing Code of Ethics, to World Sailing. If the protest committee has acted under rule 69.2(f)(2), the report shall also include that fact and the reasons for it. (k) If the protest committee decides not to conduct the hearing without a party present, or if the protest committee has left the event and a report alleging a breach of rule 69.1(a) is received, the race committee or organizing authority may appoint the same or a new protest committee to proceed under this rule. If the protest committee decides it is impractical to conduct a hearing, it shall collect all available information and, if the allegation seems justified, make a report to the national authority of the person or, for major international events listed in the World Sailing Code of Ethics, to World Sailing.

The disciplinary powers, procedures and responsibilities of national authorities and World Sailing that apply are specified in the World Sailing Code of Ethics. National authorities and World Sailing may impose further penalties, including suspension of eligibility, under that code.

Unless rule 70.3 applies, a party to a hearing has the right to appeal the protest committee’s decision or its procedures, but not the facts found, to the national authority. In addition, a party may appeal when the protest committee has failed to hold a hearing or to make a decision.

A protest committee may request confirmation or correction of its decision by the national authority.

There is no right to appeal decisions: (a) of an international jury properly constituted under Appendix N, (b) that are essential to promptly determine the result of a race that will qualify a boat to compete in a later stage of an event or a subsequent event (and the national authority may prescribe that its approval is required for the use of this rule), (c) made at an event open only to boats entered by (1) an organization affiliated to the national authority, or a member of such an organization, or (2) a personal member of the national authority, provided the national authority has granted its approval for the use of this rule, or (d) made at an event by a protest committee constituted as required by Appendix N, except that only two members of the protest committee need be International Judges, and provided that the national authority has granted its approval to the use of this rule after consultation with World Sailing. However, (b), (c) and (d) shall only apply if specified in the notice of race or sailing instructions.

In rules 70 to 72, the national authority means the one to which the organizing authority is associated under rule 89.1. However, if boats will pass through the waters of more than one national authority while racing, an appeal or request shall be sent to the national authority where the finishing line is located, unless the sailing instructions identify another national authority.

Appeals and requests shall conform to Appendix R.

A person who has a conflict of interest or was a member of the protest committee shall not take any part in the discussion or decision on an appeal or a request for confirmation or correction.

The national authority shall accept the facts found by the protest committee unless rule R5 applies.

The national authority may: (a) uphold, change or reverse the protest committee’s decision (including a decision on validity or a decision under rule 69), (b) order that the hearing be reopened, or (c) order that a new hearing be held by the same protest committee or by a new protest committee (which may be appointed by the national authority).

If the national authority orders a hearing to be reopened, it may limit the scope of the reopened hearing to such issues as it considers appropriate.

If the national authority decides that a boat that was a party to a protest hearing broke a rule and is not exonerated, it shall penalize her, whether or not that boat or that rule was mentioned in the protest committee’s decision.

The decision of the national authority is final. The national authority shall send its decision in writing to all parties to the hearing and the protest committee, who shall be bound by the decision.