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Part 5 PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS
- REOPENING A HEARING
The protest committee may reopen a hearing when it decides that it
may have made a significant error, or when significant new evidence
becomes available within a reasonable time. It shall reopen a hearing
when required by the national authority under rule F5. A party to the
hearing may ask for a reopening no later than 24 hours after being
informed of the decision. When a hearing is reopened, a majority of
the members of the protest committee shall, if possible, be members
of the original protest committee.
- RULE 42 AND HEARING REQUIREMENT
When so stated in the sailing instructions, the protest committee may
penalize without a hearing a boat that has broken rule 42, provided
that a member of the committee or its designated observer has seen the
incident, and a disqualification under this rule shall not be excluded
from the boat’s series score. A boat so penalized shall be informed by
notification in the race results.
- DAMAGES
The question of damages arising from a breach of any rule shall be governed by
the prescriptions, if any, of the national authority.
US SAILING prescribes that:
- A boat that retires from a race or accepts a penalty does not, by that action alone, admit liability for damages.
- A protest committee shall find facts and make decisions only in compliance with the rules. No protest committee or US SAILING appeal authority shall adjudicate any claim for damages. Such a claim is subject to the jurisdiction of the courts.
- A basic purpose of the rules is to prevent contact between boats. By participating in an event governed by the rules, a boat agrees that responsibility for damages arising from any breach of the rules shall be based on fault as determined by application of the rules, and that she shall not be governed by the legal doctrine of ‘assumption of risk’ for monetary damages resulting from contact with other boats.
Section C – Gross Misconduct
- ALLEGATIONS OF GROSS MISCONDUCT
69.1
| Action by a Protest Committee
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When a protest committee, from its own observation or a report received,
believes that a competitor may have committed a gross breach of a rule or
of good manners or sportsmanship, or may have brought the sport into
disrepute, it may call a hearing. The protest committee shall promptly
inform the competitor in writing of the alleged misconduct and of the time
and place of the hearing.
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A protest committee of at least three members shall conduct the hearing,
following rules 63.2, 63.3, 63.4 and 63.6. If it decides that the competitor
committed the alleged misconduct it shall either
- warn the competitor or
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