as club judge seminar · australian sailing| club judge workshop 2017-2020 last reviewed may 2018....
TRANSCRIPT
Australian Sailing |
Club Judge Workshop
2017-2020 Last reviewed May 2018
Australian Sailing |
• Introductions
• Purpose of this presentation is to familiarise you with:
– Protest & Request for Redress issues
– Protest hearing procedures,
– Arbitration
• This is not a boat v boat racing rules of sailing presentation although we will discuss and
analyse some boat v boat scenarios. A good working knowledge of the rules is expected.
Mobile phones off please.
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Welcome to the Australian Sailing Club Judge Workshop
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1 - Officials, the PC and ‘Judges’
2 – Protests
Lodgement
Pre-hearing
Hearing procedure
Evidence, Facts,
Conclusions & Decisions
Agenda
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3 - Other issues to consider
4 - Redress
5 - Reopening a hearing
6 - Arbitration
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• The protest committee hears protests, requests for redress and alleged breaches of rule 69
(Misconduct).
• The PC must
• Determine if a protest is valid
• Find facts
• Draw conclusions
• Make a decision based on the rules
• PC member may also be called upon to conduct arbitration hearings.
• Certain technical abilities, personal characteristics and behaviour are essential…
What might they be?
The role of the PC
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• Good rules knowledge
• Follow procedure
• Proficient in English
• Apply the Rules as written
• Able to find and write facts
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Technical abilities
• Class and technical knowledge (at least
one member of the committee)
• Familiar with race management
• Familiar with boat handling
• Familiar with racing
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• Integrity, honesty, fairness
• Observation and listening skills
• Physical capability
• Ability to work within a team
• Respect for competitors
• Visible, approachable
• Aware of conflicts of interest
• Maintain confidentiality
• Good communication skills
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Personal characteristics
• Reliability and punctuality
• Objectivity and reasoning ability
• Ability to see other points of view
• Diplomacy
• Awareness of cultural differences
• Maintain good relationships with other race
officials
• Capable of handling pressure / making hard
decisions
• Strive for continuous improvement
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• Maintain a good level of understanding and application of the racing rules and cases
• Respect hosts, competitors, colleagues, support persons
• Maintain confidentiality
• Declare any conflict of interest
• Be punctual
• Be polite, courteous, open-minded and patient with colleagues, regatta officials,
competitors and support persons.
• Generally act with dignity and decorum at all times
Model behaviour as individuals
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As a Committee:
• Follow dress code (on the water & ashore)
• No alcohol consumption until the end of the day’s work
• Telephones on mute in the PC room
• No greediness
• Respect role of the chairman, who should
• Ensure correct procedure and maintain control of the hearing
• Discourage inappropriate behaviour
• Discourage leading questions
Model behaviour as a committee
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A boat (Rule 60.1)
• From a different race and/or from a different club (preamble Part 2)
A Race Committee (Rule 60.2)
A Protest Committee (Rule 60.3)
• Note also the provisions of Rule 61.1(c)
A Technical Committee (Rule 60.4)
Who can protest?
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• Forms are for assistance and standardisation.
• A form per se is not mandatory (unless stated in the SIs and correctly amends Rule
61.2) but a protest must be in writing and include the requirements of rule 61.2.
• Protests must be lodged at the Race Office within 2 hours of the finish of the last boat
in the race unless the SI’s state otherwise.
• Whoever receives the protest should record the date and time the protest was received.
Important for validity.
The protest form & its lodgement
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• All protests/requests for redress must have a hearing.
• All parties must be notified of the time and place of the hearing and must be allowed
reasonable time to prepare.
- Use the Official Notice Board for notices or other means allowed by the Sailing
Instructions
- Have sufficient copies of the protest form available
• Assess whether or not Arbitration is applicable.
Time and place of the protest hearing
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• The protest room & layout
• Quiet
• Not to be overheard
• Comfortably accommodate everyone
Setting up the room
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• Read the protest form and identify any issues but DO NOT TRY AND SOLVE THE
PROTEST. You only have one side of the story.
• Determine what rules/cases may apply
• What are the obligations of each boat
• What facts will need to be determined
• What questions need to be asked to determine those facts
• If measurement or class rule, then obtain and read relevant documentation
• Consider any conflict of interest any member may have.
• Did any PC member see the incident?
Pre-hearing
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• One individual from each party
• Must have been on board for protests concerning Part 2,3 and 4 rules
• Present during all testimony
• Witnesses
• Present only while giving evidence
• Written statements if witness absent must be consented to by the parties. In giving
consent, they waive their right to question the witness.
• Absent parties
• PC may still hear and decide the protest – Rule 63.3(b)
• PC may reopen if appropriate
Right to be present
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• Introductions
• Interpreter required?
• Any objection to any PC members?
• Sufficient time to prepare?
• Confirm validity (on-board, time, hail, flag)
• Close if invalid. Proceed if valid
• Judges advise if they may be giving evidence.
• Protestor tells story
• Protestee tells story
• Protestor & Protestee question one another
• Protest committee members ask questions
• Witnesses called in to tell what they saw
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Protest hearing procedure
• Witnesses are questioned
• Invite protestee to question the protestor’s witnesses first
(and vice versa)
• Allow PC member to give evidence
• PC member that gives evidence may be questioned
• Final statements (Protestor first)
• All parties and observers leave
• PC deliberates in private
• Agree facts, conclusions and rules that apply, and reach a
decision
• Call parties back and inform them of decision
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• Introductions – PC members and parties
• Declare any conflicts of interest.
• PC to consider if the conflict is significant and deal with any objections by a party to
any PC member based on conflict of interest
• A member of the PC with a conflict of interest shall not be a member for the hearing
unless all parties consent or the PC decides the conflict is not significant.
• Person with a conflict of interest may still appear as a witness.
Introductions and objections
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• Protestee properly informed?
• Hail or if no hail required, first reasonable opportunity. Is there damage?
• Red flag displayed (not required if hull length is less than 6 m)
• Contents
• In writing and must identify the incident
• Other details may be provided or corrected before or during the hearing
• Time limit
• Lodged in time? If not, is there good reason to extend?
Confirm validity
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• Excuse all present if the PC needs to discuss the validity
• Seek out validity, NOT invalidity
• Decide validity, then:
– If valid, hearing will continue
– If invalid, hearing is closed but produce facts supporting this conclusion
Validity decisions
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From the following information determine if a protest should be found
valid or invalid
Validity exercise
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1. A 30ft boat yells protest at the first mark after not being given mark room, flies a red flag just before the finish line and puts in a written protest within the time limit.
2. A 29er yells protest and puts in a written protest the next day as he had to go to a party.
3. A laser hails protest but submits his protest 10 minutes outside the time limit. The time limit set by the SI’s is 30 minutes after the last boat finishes and the finish line is 15 minutes sail from the race office.
4. An OK Dinghy hails protest but submits his protest 10 minutes outside the time limit. There is no time limit in the SI’s and the finish line is 15 minutes sail from the race office.
5. A 30ft yacht has an incident with a laser, hails protest and submits a written protest within the time limit but does not display a flag.
Validity exercise
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6. A Farr 40 hails do your turns, displays a red flag and submits a written protest within time.
7. A protest is submitted but the protestee is not identified8. A protest is submitted but there is no diagram of the incident9. A boat requests redress because of an incident on the race course but
admits he did not fly a red flag10. A boat submits a protest which advises he did not fly a protest flag and only
told his opponent that he did not sail the correct course when he saw him in the bar after the race.
11. A J24 yells protest but does not display a red flag until after they retrieve a crew member who was knocked overboard during the incident.
Validity exercise
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• Control your facial and verbal expressions
• Be aware of the parties’ body language
• Listen carefully
• Take notes
• Varying testimony does not necessarily mean that someone is lying. Perspectives from
differing locations can be different and some people have a better ‘race memory’, able
to recall incidents with good detail because of their race experience and knowledge.
• Exercise your best judgement in weighing the credibility of evidence.
Listening to testimony
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• Each party has the right to call any witnesses
• Every witness must be available to be cross examined
• Develop techniques to reduce a parade of witnesses
• Try and keep witnesses to the point
• The person calling the witness does not get to question the witness first (refer M3.2)
• Wherever possible, disallow leading questions, e.g.
“I was three lengths from the mark, wasn’t I?”
“You saw me steering a straight course, didn’t you?”
• Remember to thank each witness
Witnesses
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• What rules might apply to this incident?
• What are the boats’ obligations under these rules?
• What facts are needed to determine whether boats met these obligations?
• What question will help establish those facts?
• Ask only questions that help find facts
• Try and avoid using language that supports a position, e.g.
How far apart? -v- How close? -v- What was the distance between the boats?
How fast were the boats travelling when blue smashed into yellow? -v- What was
the speed of the boats when contact occurred?
Did you hear the hail? -v- Tell us anything that you heard?
Questioning techniques
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• Hearsay is not evidence
• Photographs and video can be useful, but be aware of its limitations.
• Evidence from a PC member
• Written testimony by an absent author should only be accepted if all parties agree as
the witness is not available to be questioned.
Other evidence
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“Now is the time for your final statement should you wish. There is no
need to repeat your story but there may be some particular matters you
would like the protest committee to think about.”
Final statements
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• Ask parties and observers to leave
• Wait until all out of earshot
• Don’t laugh, don’t joke
• Remember discussions are private and confidential
• Keep matters moving
1. Start with facts,
2. Then make conclusions and apply the rules
3. To be able to make a decision
Deliberations
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• Consider all the evidence, consider who was in the best position to determine what
happened, determine which evidence is more credible, then decide on the facts.
• Get input from all members
• (Chairman may ask more inexperienced first to draw out their opinion)
• Concentrate on agreeing the facts
• (Don’t jump straight to the decision or what rule was broken)
• Start with the FACTS which are not in dispute
• Reach a consensus which all can agree on
Facts
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• Back up to ‘last point of certainty’
• Use time on distance to determine probability
• Can recall parties or witnesses for missing information
• May need to agree the most likely scenario
• Try to get unanimity among PC members
• Last resort: take a vote
Resolving controversial issues
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• A simple statement of:
• Which boats?
• Broke which rules?
• And why?
• Reach only the ‘CONCLUSIONS ’ which can be supported by the ‘FACTS ’
• The applicable rules should now be clear and the decision should now be straight
forward
Conclusions
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• Was there contact? If yes, Rule 14 must be considered and addressed.
• Was the contact reasonably possible to avoid?
• Was there damage or injury as a result?
• Can the right-of-way boat or boat entitled to room or mark room be exonerated?
• Your facts must support any conclusions you make about rule 14.
If there was contact between boats, you must consider & address Rule 14
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Divide into separate Protest Committees.
Determine facts and draw conclusions
based on the diagrams and evidence provided.
Remember that your facts found and conclusions must support your decision.
Facts & Conclusions exercise
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Facts & Conclusions exercise
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A’s Diagram. A says: “I was forced to luff to avoid contact before B had completed her tack.”
B’s Diagram. B says: “I completed my tack clear ahead of A and there was no need for her to luff”
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• If no rule broken – dismiss protest
• If boat(s) broke a rule and an applicable penalty has not been taken– must DSQ, except:
• Exoneration under Rule 64.1 when compelled to break a rule
• Exoneration under Rule 21 when sailing within the room or mark-room she’s entitled to
• Exoneration under Rule 14(b) if right-of-way boat makes contact without causing damage
or injury
• Other penalties may be in SI’s
• Race was re-started or re-sailed, provided no injury or serious damage
• The boat was not racing and there was no injury or serious damage.
The decision
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• Recall parties to the protest room
• Others may attend
• Read facts found, conclusions, rules applicable and decision
• Arrange for a copy of decision if requested & include a diagram if relevant
• Okay to briefly explain decision, if time, BUT no lengthy discussion, arguments or
disagreements
Informing the parties
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Other Protest Issues
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• Be patient but firm
• For contested hearing decisions:
• Explanations may be best left to a later time
• Explain the PC’s duty to find facts based on the evidence given and make a
decision
• Do not act alone
• Avoid arguments – just give an explanation
Difficult competitors
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• Need empathy and understanding
• Recommend include parent or other support person
• Be willing to answer questions
• Be willing to explain decisions
• Take special care to demonstrate fairness and impartiality
• Encourage observers
Inexperienced or young competitors
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• Generally allowed (and encouraged in some situations).
• Requests commonly from parents, coaches, other sailors.
• Witnesses are not permitted to be observers.
• Chairman must be comfortable
• Best seated at the back of the room. May not leave until all evidence has been heard
• Must remain silent and not communicate in any way with the parties, witnesses or jury
during proceedings.
• No recording devices or mobile phones
Observers in the hearing room
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• Not automatic, the Protest Committee must approve
• Find out the reason
• Allow withdrawal unless suspicion of foul play
• Record approval on protest form and get the protestor to sign
Withdrawing a protest
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Redress
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• Boats cannot protest the RC or PC
• A boat may request redress for an improper action or omission of the RC, PC, OA or
TC
• The RC and TC may request redress for a boat
• The PC may call a hearing to consider redress
• Redress can not be given without a hearing
Redress
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• Must be in writing and identify the reason for making it
• Does not have to be on the standard protest form
• Must be delivered within the protest time limit or two hours after the incident, whichever
is later
• Time limit may be extended by PC if there is good reason to do so
• No hail or flag required
Validity of redress requests
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• EACH of these conditions must be satisfied
• The boat’s score or place in a race has been, or may be, made significantly worse
• Through no fault of her own
• For one of these four reasons
• Improper action or omission of RC, PC, OA or TC
• Injury or physical damage because of:
Action of a boat breaking a Part 2 Rule; or
Action of a vessel not racing that was required to keep-clear
• Giving help in compliance with Rule 1.1
• Action of a boat or member of her crew that resulted in a penalty under rule 2 or a penalty or
warning under Rule 69.2(h)
They keys to redress
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• When redress requirements have been met:
• The PC must make as fair an arrangement as possible for ALL boats affected whether
they asked for redress or not.
• May need testimony from other boats or other sources as required (refer rule 64.2)
• What redress might you consider?
• Position of boat at time of incident (unlikely early in race)
• Time adjustment
• Average points
• Fairest arrangement may be to do nothing
• Abandon race – last resort only
Decisions on redress
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From the circumstances provided,
determine if each request for redress should be granted and if so,
what redress might you consider?
Redress exercise
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• Process of resolving protests without the formality of full hearing.
• Can not be used unless Sailing Instructions so state, and then only:
• for incidents involving rules of Part 2 (When Boats Meet) or rule 31 (touching a
mark); and provided
• no injury or serious damage involved.
• Each party must be represented by a person on board at the time of incident.
• No witnesses are allowed.
• Conduct in a private area with minimal props (eg model boats)
Arbitration (Appendix T)
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1. Check validity. If you think it is invalid, do not take evidence further about the incident and skip
to step 4.
2. Take evidence from each party. Ask questions and allow each party to ask questions.
3. If it is apparent serious damage or injury is involved or arbitration not appropriate, close the
arbitration hearing and make arrangements for a protest hearing.
4. Based on the evidence, make a decision (consult your rule book if necessary) and offer an
your opinion as to what the PC is likely to decide:
(a) the protest is invalid;
(b) no boat will be penalised for breaking a rule; or
(c) one or more boats will be penalised for breaking a rule, identifying the boats and the
penalties.
Give no explanation when you provide your opinion. This may only be done after a protest is
withdrawn.
Arbitration (Appendix T)
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T4 ARBITRATION MEETING OUTCOMESAfter the arbitrator offers an opinion,(a) A boat may take a Post-Race Penalty, and(b) A boat may ask to withdraw her protest. The arbitrator may then act on behalf of the
protest committee in accordance with rule 63.1 to allow the withdrawal.Unless all protests involving the incident are withdrawn, a protest hearing will be held.
• If your decision is accepted and the appropriate penalties taken, then ask if the
protestor wants to withdraw the protest (there is no point in carrying on with a hearing
as the boat can not be further penalised).
• It is advisable to have written statements (use the protest form), “I withdraw this
protest” or “I acknowledge breaking a rule and accept the post-race penalty”.
Arbitration (Appendix T)
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Racing Rules of Sailing (RRS) – www.sailing.org.au
World Sailing Case Book (authoritative interpretations of RRS)
• The following are non-authoritative interpretations of the RRS
• RYA Case Book www.rya.org.uk
• US Sailing Cases www.ussailing.org
World Sailing Judges Manual - www.sailing.org
World Sailing Judges Q & A service
Tactical Sailing Software (TSS) tss.peronneau.net
Boat Scenario boats.berlios.de
Racing Rules of Sailing - Forum and Event Management tools www.racingrulesofsailing.org
Model boats
Book by Willis, Perry etc
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JUDGING RESOURCES
Club Judge Workshop