Forum: Protest Hearing Procedures

Conflict of Interest

P
Paul Zupan
Certifications:
  • International Judge
  • National Judge
The changes in the 2017 RRS include replacing the definition of with in order to bring the current RRS up to date with best practices. This has been in the works since before 2014 as the definition of  was approved in November of that year. And just to clear things up, this new definition may or may not be broader than the previous definition.

But the new definition does identify three primary categories of conflict of interest: (a) any "gain or loss" as a result of a decision, (b) some appearance of a personal or financial interest which would affect impartiality, and (c) has a close personal interest in a decision. Paragraph (b) is new to the definition (though not a new concept in the RRS). And, paragraph (a) was broadened to include any decision, not just a protest committee's decision. Otherwise, the new definition is very similar to the old one, albeit with a new label. But we are awaiting some further interpretations of  which may be provided in the updated Case Book and/or Q&A's, so we may see a bit broader interpretation than the old .

More significantly, RRS was replaced from 2013. The new  more clearly defines the procedural requirements where there may be, or it is acknowledged that there is, a conflict of interest. But first, the rule attempts to take into account that a strict conflict of interest rule is not practical for all events. Club events depend on volunteers who frequently have some degree of conflict. The intent was not to exclude them but provide an avenue for protest committee's to acknowledge and address the issue without necessarily excluding the volunteer. Yet for major events the new rules require race officials to have a high degree of sensitivity to any appearance of a conflict.

The new rule still requires a member of the protest committee to disclose any conflict as soon as they are aware of it, and it requires a party to object to any potential conflict as soon as possible. But now the protest committee is required to include a written statement as to a declared conflict of interest in the protest decision. Thus, when a member of the protest committee declares there is a conflict of interest, whether or not the rest of the protest committee find the conflict significant, that fact needs to be captured in the written decision.

Additionally,  paragraph (b) is new. Instead of uniformly excluding a member of the protest committee where there is a conflict of interest, that member may remain on the panel where; (1) all consent, or (2) the protest committee finds the conflict is not significant. This new paragraph builds in some flexibility to suit different events. This is especially significant for youth events where most of the volunteers are either coaches or related to the competitor. But notice that (d) does not allow a member to remain on the panel with a conflict of interest if it is a major event.

Interpretation of what is a significant conflict of interest is subjective, but the new rules provide some guidelines. Specifically, (c) provides that the protest committee should (1) consider the views of the parties, (2) the level of the conflict, (3) the level of the event, (4) the importance to each party, and (5) the overall perception of fairness. Got it? My guess is not. Look for more interpretations from WS in the near future concerning the question of how to determine significance.

There is some further help in Appendix M. A new provides some additional clarity for the procedures to be followed by a protest committee. But it is mostly a restatement of what is in the rules.
Created: 17-Jan-13 18:57

Comments

Graham Kelly
Nationality: United States
Certifications:
  • National Judge
0
I think the issue of conflicts of interest can get pretty complicated. For low-level events, my personal inclination would be for the judge to prepare a brief declaration regarding the conflict, and then have the affected competitors sign-off or initial the form if they are willing to waive the conflict. At high-level events, I would be reluctant to serve as a judge if I had a conflict, even if the parties were willing to waive it. And because conflicts are likely to be situational and relate to relationships with one or more of the parties to a protest or RFR, I do not see much utility in preparation of a generic advance declaration as described in M2.3, bullet-point #1.
Created: 17-Jan-28 09:06
Todd Jackson
Nationality: United States
0
Question: Does anyone know if there is resource on whether the PRO and/or race committee members on the start boat would be considered those with a conflict of interest as a third party witness?
Created: 22-Jul-20 03:29
P
John Mooney
Certifications:
  • International Judge
  • National Judge
  • Regional Race Officer
0
Yes,Todd, there is such a resource. See the definition of Conflict of Interest, and for what to do if the person with a conflict of interest is a member of the protest committee, see RRS 63.4. A member of the RC does not have any conflict by virtue of being on the RC.
Created: 22-Jul-20 22:19
P
John Allan
Certifications:
  • National Judge
  • Regional Race Officer
1
More to the point, technical  definitions of Conflict of Interest are irrelevant to witnesses in hearings.

Rule 63.4 applies only to members of protest committees.

Rule 63.6 requires the protest committee to allow all relevant and non-repetitive evidence brought before it.

If the protest committee considers that a witness's evidence is coloured by self-interest or partiality, in accordance with rule 63.6(d), it shall give the weight it considers appropriate to that evidence.
Created: 22-Jul-22 01:23
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