Forum: Protest Hearing Procedures
Redress
Peter Mcfarlane
0
What actions can a competitor take if a request for redress or a protest is ignored The rules dont seem to allow the protestor any procedure to follow
In the end i approches the National Authority who held the hearing thanks for feed back
In the end i approches the National Authority who held the hearing thanks for feed back
Comments
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The protestor/requestor should ask for a written explanation of why they were denied a hearing. This simple act should spur those involved into action. If it doesn't, the filing-party is building a record (along with the original filing, NOR, SI's, etc) for an appeal under 70.1.
RRS 63.1 (emphasis added)
"[...] The protest committee shall hear all protests and requests for redress that have been delivered to the race office unless it allows a protest or request to be withdrawn."
Ang
The above information is the information described in rule 65.1.
65.1 After making its decision, the protest committee shall promptly inform the parties to the hearing of the facts found, the applicable rules, the decision, the reasons for it, and any penalties imposed or redress given.
I'm just reposting what Rob wrote here to emphasize it as a stand-alone statement. IMO, it's key and at the core of the answer to the entire thread.
I would start by asking the organizing authority or protest committee the status of your hearing request. Even if the protest committee thinks your protest is invalid, they must have a hearing and allow you to attend.
Based upon their response you can pursue an appeal, which can be filed on the web. In your written appeal you must state the reasons why you believe the protest committee's interpretation of a rule, or its procedures, were incorrect. based upon your post the rules you could list are below.
Based upon your post the reasons you could state are as follows. If they didn't hold a hearing,
What about reopening?
Can a boat who is not a party of a hearing ask for a re-opening because in that hearing a redress was given and her score worsened?
Would you consider to reopen a hearing requested by a boat who is NOT a party of the initial hearing?
Thanks in advance for your comments.
Aslan
Quick answer... No.
Any party to the hearing may request a re-opening of the hearing. In cases where the request for redress was from the race committee or the technical committee or considered by the protest committee under rule 60.3(b), parties are boats for which redress is requested. All other boats are ‘affected’ boats, but they are not parties.
An affected boat can request redress based on a claim that her score or place in a race or series has been or may be, through no fault of her own, made significantly worse by an improper action or omission of the protest committee, but not by a protest committee decision when the boat was a party to the hearing;
US Sailing prescribes that when redress has been requested or is to be considered for one or more boats:
(1)that participate in the hearing, or
(2)that request in writing to do so before the hearing begins, making them parties to the hearing. It need not state a reason for such a request; this changes rule 62.2.