Note: This forum is not affiliated with World Sailing and comments on this forum do not represent an official interpretation of the rules, definitions, cases or regulations. The only official interpretations are those of World Sailing.
Protest committee hearing online
Rene Nusse
Nationality: Australia
Certifications:
Club Race Officer
Club Judge
Umpire In Training
0
Greetings All, Is there some info available about conducting a protest committee hearing online, i.e., remotely? Platform to use, special rules etc... Your input is much appreciated...
I've recently done a couple of hearings using Teams/Zoom.
Some quick thoughts.
Virtual hearings are necessarily less good than face to face hearings. They are more impersonal, and may impose barriers on some participants.
Virtual hearings are quite good for considering application of rules and interpretation of documents, where facts are largely not in issue and there are few witnesses. They may be less good for boat v boat protests with numerous witnesses who may be difficult to control electronically.
Virtual participation of one or more judges, in a hearing with parties and witnesses present in a physical hearing room with one or more judges isn't too problematic.
If parties are remote, there may be an inequitable advantage to a party who is technologically adept vis a vis one who is 'technologically challenged'.
So, first and foremost consider whether a protest is suitable for a virtual hearing. I suggest that we shouldn't allow it to become the norm.
Practically:
Appoint a 'producer' to create the meeting, distribute meeting links, admit/control/mute/unmute people to the meeting.
You'll need to get contact details for all witnesses, so they can be invited to the meeting.
Log on a separate camera or phone to focus on boat model demonstrations, either on a high stand, or hold it up with your hand.
Relying on the built in microphone on a one laptop in the face to face room, doesn't work too well. A separate omni directional microphone is a good idea.
When scheduling hearings be careful about time zones.
You should probably use a somewhat expanded Notice of Hearing. Heres some text that I have used:
Parties are ....... Witnesses are .... Observers are ...
Generally it’s up to the parties who they call as witnesses. The protest committee is happy to hear from whoever you want to bring along.
Parties and Observers stay in the meeting throughout up to protest committee deliberation phase at the end: Witnesses are normally only allowed in the meeting while giving evidence, but in this hearing, if they wish, they may remain as Observers.
Parties may question witnesses.
Observers are required to stay quiet and take no part in the meeting.
We would prefer everybody to log in individually, and not all be in the same room at the same time.
Please remember you mustn’t have any advice or information from any other person while participating in this hearing.
Order of Appearances is expected to be:
...
We would like to release the witnesses as soon as possible after they give evidence so they can log off or remain as Observers.
Created: 24-Dec-06 21:54
P
Angelo Guarino
Certifications:
Regional Judge
Fleet Measurer
0
John A re: "Witnesses are normally only allowed in the meeting while giving evidence, but in this hearing, if they wish, they may remain as Observers."
John, I know that "remain" implies the fact that witnesses are not observers until after they have given evidence, but you might consider making that clearer in that sentence.
Maybe along the lines of ...
"Witnesses are normally only allowed in the meeting while giving evidence, but in this hearing, if they wish, they may remain as Observers [, but only after they have given evidence and when the PC believes there will be no further questions].
Created: 24-Dec-07 00:17
P
John Allan
Certifications:
National Judge
Regional Race Officer
0
Angelo, witnesses becoming observers.
The protest committee specifically considered this issue before putting that sentence in.
We deliberately chose to forgo our chance to get further evidence from witnesses.
This was an uncomfortable protest where one party (the race committee) originally named just about every member of the race management team as witnesses, and we were concerned that some of those people would get the impression of being unfairly criticised behind their backs, if they were excluded from the hearing. We were also fairly confident that those witnesses would have little to contribute to finding the relevant facts.
Created: 24-Dec-07 08:57
P
Roger Wilson
Nationality: United Kingdom
Certifications:
International Race Officer
Regional Umpire
National Judge
0
Hi,
This is what we have used for a number or regattas and seem to work well.
My experience is you need a mobile phone positioned above the area where the boats are being moved about with it logged in as a separate window. You can buy very useful stands on amazon quite cheaply.
We often use a room at the event with either the PC secretary or one judge in the room with the Parties and the witnesses/observers, who can manage calling people in and make sure the parties don't tell the witnesses what to say or move the models for them!!!!
Created: 24-Dec-07 11:28
P
Angelo Guarino
Certifications:
Regional Judge
Fleet Measurer
0
John re: "This was an uncomfortable protest"
Oh ... I had missed that. So what you posted is from a document produced for a specific circumstance ... and not a generalized template you were suggesting.
My comment was based on it being a general-use template. - Ang
Some quick thoughts.
Virtual hearings are necessarily less good than face to face hearings. They are more impersonal, and may impose barriers on some participants.
Virtual hearings are quite good for considering application of rules and interpretation of documents, where facts are largely not in issue and there are few witnesses. They may be less good for boat v boat protests with numerous witnesses who may be difficult to control electronically.
Virtual participation of one or more judges, in a hearing with parties and witnesses present in a physical hearing room with one or more judges isn't too problematic.
If parties are remote, there may be an inequitable advantage to a party who is technologically adept vis a vis one who is 'technologically challenged'.
So, first and foremost consider whether a protest is suitable for a virtual hearing. I suggest that we shouldn't allow it to become the norm.
Practically:
Parties are .......
Witnesses are ....
Observers are ...
Please remember you mustn’t have any advice or information from any other person while participating in this hearing.
John, I know that "remain" implies the fact that witnesses are not observers until after they have given evidence, but you might consider making that clearer in that sentence.
Maybe along the lines of ...
"Witnesses are normally only allowed in the meeting while giving evidence, but in this hearing, if they wish, they may remain as Observers [, but only after they have given evidence and when the PC believes there will be no further questions].
The protest committee specifically considered this issue before putting that sentence in.
We deliberately chose to forgo our chance to get further evidence from witnesses.
This was an uncomfortable protest where one party (the race committee) originally named just about every member of the race management team as witnesses, and we were concerned that some of those people would get the impression of being unfairly criticised behind their backs, if they were excluded from the hearing. We were also fairly confident that those witnesses would have little to contribute to finding the relevant facts.
This is what we have used for a number or regattas and seem to work well.
My experience is you need a mobile phone positioned above the area where the boats are being moved about with it logged in as a separate window. You can buy very useful stands on amazon quite cheaply.
We often use a room at the event with either the PC secretary or one judge in the room with the Parties and the witnesses/observers, who can manage calling people in and make sure the parties don't tell the witnesses what to say or move the models for them!!!!
Oh ... I had missed that. So what you posted is from a document produced for a specific circumstance ... and not a generalized template you were suggesting.
My comment was based on it being a general-use template. - Ang