Section B
HEARINGS AND ,MAKING DECISIONS
Rule 63 applies to all hearings conducted by the protest committee.
63. CONDUCT OF HEARINGS
   
63.1. Rights of Parties
(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.
63.2. Time and Place of the Hearing; Time for Parties to Prepare
(a) The protest committee shall hear each protest or request delivered unless it allows it to be withdrawn.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.
63.3. Conflict of Interest
(a)  A protest committee member shall declare any possible conflict of interest as soon as he is 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 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 <% rule_link('63.6') %>(b) shall included any conflict of interest declared by a protest committee member, and any decision by the protest committee under rule 63.3(c)(2).

 
 
63.4. Hearing Procedure
(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.
63.5. Decisions
(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 rulesare 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.
63.6. Informing the Parties and Others
(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.
63.7. Reopening a Hearing
(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.
64. DISCRETIONARY PENALTIES
When a boat reports within the protest time limit that she has broken a rule  which is subject to a discretionary penalty, the protest committee shall decide the appropriate penalty having first considered the evidence that it considers appropriate. There is no requirement to hold a hearing.
65. LEGAL LIABILITY AND COSTS
65.1.
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.
65.2.
Any measurement costs arising from a protest involving a class rule shall be paid by the unsuccessful party unless the protest committee decides otherwise.
66.
There is no rule 66.
67.
There is no rule 67.
68.
There is no rule 68.
Section C
MISCONDUCT
69. MISCONDUCT
69.1. Obligation not to Commit Misconduct; Resolution
  1. A competitor, boat owner or support person shall not commit an act of misconduct.
  2. 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.
  3. 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 and rule 63.1 does not apply. 
69.2. Action by a Protest Committee
  1. A protest committee acting under this rule shall have at least three members.  
  2. 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.
  3. 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.
  4. When an investigator is appointed, all relevant information he gathers, favourable or unfavourable, shall be disclosed to the protest committee, and if the protest committee decides to call a hearing, to the parties.
  5. 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 rules 63.2, 63.3(a), 63.4, 63.6, 65.165.2, 65.3 and 66 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 have an advisor and a representative with him who may act on his behalf.
  6. If the person 
    1. provides good reason why he is 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 the person present.
  7. 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.
  8. 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.
  9. When the protest committee decides that a support person has broken rule 69.1(a), rule 64.5 applies.
  10. 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 specific international events listed in the World Sailing Regulations, 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. 
  11. If the protest committee decides not to conduct the hearing without the person 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 it is impractical for the protest committee 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 specific international events listed in the World Sailing Regulations, to World Sailing.

69.3. Action by a National Authority and ISAF
The disciplinary powers, procedures and responsibilities of national authorities and World Sailing that apply are specified in the World Sailing Disciplinary Code. National authorities and World Sailing may impose further penalties, including suspension of eligibility, under that code.
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