Redress, Reopening a hearing and Appeals  11-05

Appeals and redress are very different and sailors have been known to get these  confused with a protest.

A redress can be sought by a boat, and the RC.  There is some discussion as to the PC ( Protest Committee ) being able to seek redress for a boat, due to the fact that 60.3(b) says that the PC may call a hearing to consider redress ( rather than seek redress ).  In any event the RC can seek redress and in many cases the RC includes the PC.

Redress has the same time limit constraints that a protest has (RRS 62.2 ), as stated in the Sis or within two hours of the relevant incident  (RRS 61.3 ).  Be sure to refer to RRS 62.2 when evaluating your options as to why you want redress.  The PC has the authority to extend the time limit if it believes there is good reason to do so ( note: putting the boat away or going home to change usually will not be acceptable ).

Redress reasons are found in RRS 62.  Note the reasons are limited to those in 62.1 only.

Reopening a hearing is RRS 66 and can be done by the PC.  See the details in the rule.

Appeals are covered in RRS 70.   If the right of appeal has been denied under rule RRS 70.4, no appeal can be sought.  There are other parameters for both the PC and the appellant in this section and RRS 71.  Note that the National Authority ( and the RSA’s appeals committee ) can return a protest or request for redress to the PC to be reopened or for a new hearing and decision by the same PC or a different PC.

It would be worth your while to browse through 70 & 71.  It pays to know what can and cannot be done.

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Be sure to see the past articles on how an appeal is to be entered.  Again, all appeals of a Protest Committee’s decision are now sent directly to US SAILING.  See page 81 or your new 2005 to 2008 rule book.
The appeal is logged and then sent on to the correct Appeals committee.  They in turn will contact all of the parties and the appeal process will begin.  In the case of SAYRA the SAYRA appeals committee will receive the documents from US SAILING.
Note that fees for filing are not to be sent to US SAILING, but will be sent to SAYRA when the appellant is contact. ( See F1.1)
It would be wise for anyone appealing any decision to see F2.2.  In fact it would be very wise to have this kind of information come out in the hearing as facts.
Some of the items that should be in all facts found in a protest ( and appeals )

A diagram, endorsed by the protest committee

Postions and tracks of the boats involved

Course to the next mark

Speed and direction of the wind

Speed and direction of the current if relevant

Depth of water

If there was contact and where on each boat

There is more, so it would be good to take a look at the book.
4-05

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The most significant change in the appeals procedure is found in Appendix F  in F1  Where to file an Appeal or Request

F1.1 directs all appeals to sent directly to US SAILING.  They do not go to the local RSA or the Organizing Authority or the Protest Committee of the regatta where the protest took Place.

The appeal will then in turn be sent to the proper RSA appeals committee and at the same time the US SAILING appeals committee will follow the progress of that appeal, even if it never becomes an appeal to the US SAILING Appeals Committee.

The RSA ( Regional Sailing Association ) will then contact the appellant and as the rule states, may require a fee be paid before an appeal or request will be considered.

Old F1.3 has been deleted as this is now taken care of by F1.1

F2.4 added further explanation of the rule.

F4.1 has added “ or conduct a hearing to consider redress”

F5 has had the title changed and now the appeals committee “shall” rather than may require the protest committee to provide additional fact.

It also requires the protest committee to do this promptly.

F6  Comments.  Now any party, protest committee or association appeals committee shall send copies to all the parties when they make comments and of course they must be in writing.

F7(b) replaces old F7(c) and clarifies the wording and adds “party” ( note: now that included redress affecting the Organizing Authority ).

11/04

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When reviewing a protest for the purpose of filing an appeal,
Remember: that only the protest committee's interpretation of a rule or its procedures can be appealed.
When the jury brings the parties back into the hearing for the decision they should then present three basics summaries.
Facts Found
Check your rule book, the committee under rule 63.6 "shall then find the facts and base its decision on them"
If this is not done, one could present this break in procedure as part of an appeal. Make sure that in the hearing you fully understand what facts the committee has established.

Rules Applicable and Broken
The facts found will have a bearing on the rules applicable and those found to be broken. There would be an area open for review if a rule was found to have been broken and no facts were present to support that case. The appeals committee can find that other rules besides those indicated on the protest form to have been broken.
They can also find that a boat has broken a rule, but exonerate it ( RRS 64.1(b) ) because another boat broke a rule that lead the exonerated boat to break a rule. The appeals committee can also find this as one of its conclusions.

The Decision
RRS 65.1 states that the PC must promptly inform the parties the facts found, the applicable rules, the decision, protest dismissed or penalty given. If the penalty is one different than the SI's or the RRS allow, it would be a reason for an appeal.
You can verbally ask for a copy of the decision, but the rules state that the request to be valid, must be in writing and within 7 days of the actual decision.

The appeal must be filed within 15 days of receiving the written decision.