day 1. 0413isaf international judges' seminar2 pat healy (usa) [email protected] rut subniran...

0413 ISAF International Judges' Seminar 2

Pat Healy (USA)[email protected]

Rut Subniran (THA)

[email protected]


WELCOMEPresented by

The International Sailing Federationand

Croatian Sailing Federation

The people responsible are:

Miroslav Bjelajac (CRO)

Pat Healy (USA)

Rut Subniran (THA)

2002 Winter OlympicsSalt Lake City

Canada was crowd and TV commentators favoritesCANADA

Figure Skating

Marie Le Gougne, International Judge

2002 Winter OlympicsNine judges – 4 West vs 4 East + France

Didier GailhaguetPresident, French Figure Skating Assoc.

FRANCEMarina Anissina &Gwendal Peizerat

CANADAJamie Salé & David Pelletier

RUSSIAYelena Berezhnaya & Anton Sikharulidze

Two days later declared co-Olympic Champions

RoteI

RecognitionII

ApplicationIII

DevelopmentIV

RecognitionII

MemorizeRoteI

Memorize

Understand

Improve

ApplicationIII

RecognitionII

RoteI

Memorize

Understand

Utilize

RecognitionII

ApplicationIII

DevelopmentIV

RoteI

Memorize

Understand

Utilize

Push the art and science of judging forward

RoteI

RecognitionII

ApplicationIII

DevelopmentIV ImproveIm


Preparing for the International Judges Seminar

• Completed advance preparation

• Knowledge of the rule book• Have read the IJ Manual • Experience in protest rooms

An IJ Seminar can also be a ‘graduate school’ for National Judges.


Seminar Outline

International Judges Examination

Test Review

Practice test

This is NOT the most important part!


Seminar OutlineThe bodies

Judges Programme

A judge’s qualities

The event– First responsibilities– Meetings– Communications– Jury administration

Rule 42 compliance

Protest Hearings– Procedures– Validity– Evidence– Facts and conclusions– Decisions

Redress

Damage and Injury

Misconduct

Arbitration

These are the

importa

nt parts

!



Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


The Bodies

ISAF

NA

OA

RC PC

ISAF

– International Sailing Federation

• Rules• Cases• International Race

Officials


The Bodies

ISAF

NA

OA

RC PC

NA – National Authority

• Decides appeals• Prescriptions• National Judges• Approval of event or

International Jury


The Bodies

ISAF

NA

OA

RC PC

OA

– Organizing Authority

• Publishes the Notice of Race

• Appoints the Race Committee

• Appoints the Jury


The Bodies

ISAF

NA

OA

RC PC

RC

– Race Committee

• Publishes Sailing Instructions

• Conducts races• Scoring• Appoints a PC


The Bodies

PC

– Protest Committee (includes an International Jury)

• Decides protests• Decides requests for

redress• Other duties

ISAF

NA

OA

RC PC


The Bodies

• Event measurers (part of RC)• Measurement authority• Equipment inspectors

• May also be PC members

MEASURERS

UMPIRES

Why worry


Honest Senate

ISAF

NA

OA

RC PC MEASURERSUMPIRES

128 MNAs

Don’t screw up



Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


International Judges Programme


Necessary Qualifications(ISAF Regulation 31)

• Racing experience• Rules knowledge• Judicial temperament • Physical capability • Proficiency in English• Must support policies of ISAF• Must satisfy System 1 or 2



How to Become or Remain an International Judge

First appointments or re-appointments

Re-appointments only

SYSTEM 1

SYSTEM 2Both systems are explained under 2.5 of the Manual



International JudgeRe-Appointments

If under 70: Renew every 4 years

If 70 or older: Renew every 2 years

SYSTEM 1 or 2 may be used



Considerations forAppointment

Additional considerations are set out under Section B of the Manual.

Fulfilling SYSTEM 1 or 2 does not mean automatic appointment or re-appointment



IJSC Reference Form

• Rules knowledge• Hearings• Contribution to

discussions• Boat driving and

handling• Communication

• Proficiency in English

• Temperament and behaviour

• Physical fitness• Other comments• Recommendation

of the chairman




Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


Qualities of anInternational Judge

What behaviour is expected?

What personal abilities are needed?

What personal character attributes are expected?



Code of Behaviour

• Respectful and polite to competitors, colleagues, coaches, officials, hosts

• Maintain fairness• Uphold confidentiality• No conflict of interest

More detail is under 3.1 and 3.2 of the Manual



Code of Behaviour

• Respectful and polite to competitors, colleagues, coaches, officials, hosts

• Maintain fairness• Uphold confidentiality• No conflict of interest• Social behaviour

More detail is under 3.1 and 3.2 of the Manual



Social Behaviour

• Follow dress code (on the water, ashore)• No drinking until end of hearings• No smoking in the jury room or on-water• Absence of greed• Be punctual• Act with dignity and decorum at all times



Personal AbilitiesWhat skills are needed?

• Excellent rules knowledge • Jury experience• English language proficiency• Observation and listening

skills• Concentration• Physical health• Ability to run a protest

hearing – procedures• Reasoning abilities

• Find and write facts• Class and measurement

knowledge (at least one member)

• Race management knowledge• Management skills• Communication skills• Racing experience (how boats

move)• Boat handling ability



Personal AttributesWhat personality is needed?

• Integrity, honesty, fairness• Objectivity• Able to work within a team

(jury)• Respect for competitors• Visible, approachable• Good personal behaviour and

appearance• Aware of conflict of interest• Can avoid perceived bias• Can maintain confidentiality

• Reliable and punctual• Able to see other points of view• Diplomacy• Aware of cultural differences• Keeps good relationships with

other race officials• Able to make hard decisions• Capable of handling pressure• Able to commit to the entire

event• Willing to support ISAF policy



Personal AttributesWhat personality is needed?

• Integrity, honesty, fairness• Objectivity• Able to work within a team (jury)• Respect for competitors• Visible, approachable• Good personal behaviour and appearance• Aware of conflict of interest• Can avoid perceived bias• Can maintain confidentiality• Reliable and punctual• Able to see other points of view• Diplomacy• Aware of cultural differences• Keeps good relationships with other race

officials• Able to make hard decisions• Capable of handling pressure• Able to commit to the entire event• Willing to support ISAF policy

• Excellent rules knowledge • Jury experience• English language proficiency• Observation and listening skills• Concentration• Physical health• Ability to run a protest hearing – procedures• Reasoning abilities• Find and write facts• Class and measurement knowledge (at

least one member)• Race management knowledge• Management skills• Communication skills• Racing experience (how boats move)• Boat handling ability

Personal AbilitiesWhat skills are needed?

Can a judge improve in these areas?

What about in these?


Break15 Minutes


Protest Committeesincluding

International Juries


Status of Protest Committees

Protest committee

Appointed by RC or OA Right of appeal

International jury

Appointed by OA or ISAF No appeal


Exceptions to Appeal

Right of appeal may be denied if:

• Prompt results needed for qualification for later stage or event

• Approved by NA (restricted entrants)

• Approved by NA and ISAF for a particular event (2 IJ, 3 NJ)


International Jury Composition

• Minimum of 5 members• Minimum of 3 International Judges• Maximum of 2 judges from one NA



Some special provisions• Panels (large juries)• Illness and emergency• Groups M, N, Q• Choice of chairman• NA approval?• Special experience (type of racing, class

of boats, rule 42 on-water judging)



Nationality does not make a judge an interested party

A jury remains properly constituted with 3 members (two must be IJs) if others should not participate

When should a judge not participate?


International Jury Responsibilities

• Conduct hearings (protests, requests for redress, etc)

• Decide questions of eligibility, measurement and boat certificates

• Authorise substitutions• Advise OA or RC on problems, when

asked


International JuryResponsibilities

Further responsibilities, only if directed by OA:

• SI changes• Supervise RC ? • Other matters referred by OA

Although we can be a valuable resource. The best PROs are

not sitting the judge boats


International Jury Decisions

A jury should try to reach unanimity, if possible

If not, decision is by majority vote

If no majority, chairman resolves ties

Appendix N Review Question

You have been asked by the yacht club’s regatta organizing committee and ISAF to be the vice chairman of an International Jury for an International Class World Championship to be held at a yacht club in your country. The class wants to use Appendix P – Immediate Penalties for Breaking Rule 42 - be used.

The regatta committee has asked you to recommend individuals for the remaining positions on the Jury.

1. Since the regatta is in your country and you and the members of the organizing and race committee all speak the same language, you think it would be best if you were the chairman instead of someone from another country who does not speak your language.

What should you do?

Ans: Perceived as the honest senateNo

2. How many people should you tell the organizing authority you need for the International Jury?

Ans: It depends

Standard Jury 5 Judges – majority (3 IJs) 3 Ctys

On-water judging 6 Judges in 3 judge boats

2 Panels of 3 persons – majority (2 IJs) 3 Ctys

Total On-water 6 judges – 4 IJs – 3 Countries

3. The chairman of the Race Committee is also an International Judge (IJ) and has asked to be included on the jury. What should you say?

N1.1 … It shall be independent of, and have no members from the race committee …

4. The chairman of the yacht club’s regatta organizing committee is also an IJ and has asked to be included on the jury. What should you say?


It is legal, …but not wise

5. The president of the Class Association has asked to be included on the jury. What should you say?


It is legal, …but not wise

6. What should be the composition of the jury be?

IJ or NJ? Country (A, B, C)

Judge 1 (You) IJ AJudge 2 IJ BJudge 3 IJ CJudge 4 NJ AJudge 5 NJ B, or C / not AJudge 6 NJ AJudge 7 ? ?

7. Would your jury composition be different if you intended to divide it into two panels to hear protests faster?

Ans: It depends

8. Must ISAF approve the members of the International Jury?

ISAF Regulations … (www.sailing.org)Appointment or approval of the International Jury …

18.12.8 ISAF shall exercise the right to appoint the International Jury … for the following events: …

AMERICA’s CupISAF Events – Youth, Sailing, Women’s…World

ChampionshipsWorld Championships of the Olympic Classes …Regional Games …ISAF World Sailing Rankings graded Events …World Championships of non-Olympic ISAF Classes when

agreed between ISAF and class…

Ans: It depends

http://www.sailing.org/

9. Must the Class Association approve the members of the International Jury?

Ans: It depends

Class Championship Rules

Real answer is that it is that ISAF, the class and the local organizing authority reach the final make-up of the jury.

10. One week before the regatta the company of a NJ tells her she must be at a special meeting during the entire week and cannot come to the regatta. What must be done for the jury to remain properly constituted?

Ans: Find a replacement

$ - Insure the Organizing Authority understand their responsibility

11. On the first day racing one of the IJs is involved in a car accident and must go home. What must be done for the jury to remain properly constituted?

Ans: Must make an honest attempt to find a replacement

$ - Insure the Organizing Authority understand their responsibility

12. On the last day of racing one of the IJs learns of a death in his family and he must leave before the protest hearings begin. What must be done for the jury to remain properly constituted?

Ans: Find a replacement

N1.5 When a full jury has fewer then 5 members, because of illness or emergency … if at least 3 members with 2 being IJs…

That is enough for now

more later


Part 2 RulePatterns

Strategy Tactics Techniques

25% Racing Rules

75% Pattern Recognition

76

That explains Overtaking/Overtaken (rule 12)

What about Starboard/Port?

To that (serious) question, we first have to answer the more general question …

and Windward/Leeward (rule 11)

77

Where did the racing rules come from?

78

• English Civil War 1642 – 1649

Oliver Cromwell King Charles I

DSQ

79

Charles James

1649 – 1660Exiled in Holland and France

80

Restoration of the Monarchy

1660

Hunting/chase = jagen (Old Low German) = jacht (Dutch)Boat = JachtschipSport = Yachting

MARY

81

Charles James

What rules did the brothers use?To answer that we have to go further back.

82

Roman Emperor HonoriusHo – nor – ri - ous

410 AD

Alaric the Visigoth

83

The Vikings, and their boats – and rules, dominated Northern Europe shipping

84

LadebordeLarboardPort

StoerbordeStarboard

85

Starboard Tack Port Tack

10 12

11

13

KEEP CLEAR LIMITATIONS

22

23

24

22-Shall Restarting Doing penalty Sailing backwards

23-If possible Capsized Anchored Aground

24-If reasonably possible Boat not racing Doing a penalty Another leg

Keep Clear Give Room

give mark-roomDef:Overlapped

18.2(e)

18.2(d)

18.2(b)

18.4

18.2(c)

21

“We are / are not overlapped!”“Wait until the zone.”

I do / do not have room to give mark-room.I did everything possible to give room

“I am / You are at the zone,“Mark Room / No Mark Room”“I doubt it / No doubt”

Outside / clear astern gives mark-room

(Forever–unless outside tacks or leaves the zone)

Taking mark room you deserve means not having to say “you’re sorry” for breaking 10, 11, 12, 13, 15, or 16.

Inside r-o-w must gybe if that’s her proper course.

14

16

17

15

19

18

20

21“You’re Excused”

Exoneration

give mark-roomDef:Overlapped

18.2(e)

18.2(d)

18.2(b)

18.4

18.2(c)

21

“We are / are not overlapped!”“Wait until the zone.”

I do / do not have room to give mark-room.I did everything possible to give room

“I am / You are at the zone,“Mark Room / No Mark Room”“I doubt it / No doubt”




Inside r-o-w must gybe if that’s her proper course.

19

18

18give mark-room

Def: Overlapped

18.2(e)

18.2(d)

18.2(b)

18.4

18.2(c)

21

“We are / are not overlapped!”

I did everything possible to give room




Inside r-o-w must gybe at or before her proper course.

I am / You are at the zone – Overlap?Doubt / No doubt

… room to sail her proper course to the mark , androom to round the mark as necessary …

19 give room

19.2(a)

19.2 (b)1

19.2 (b)2

19.2 (c)1

19.2 (c)2

19.2 (c)3

19.2 (c)4

21

R-O-W boat chooses which side to pass

Outside boat gives inside boat room(Unless she cannot)

If clear astern & R-O-W R-O-W limits apply KC boat keeps clear

Exonerated for breaking 10, 11, 12, 13, 15, or 16.

If clear astern & R-O-W gains an inside overlap KC boat keeps clear

If clear astern & KC & there is room to pass KC keep clear and entitled to room

If clear astern & KC & there is no room to pass KC not entitled to room

… the space necessary in existing conditions … to comply with her obligations … while manoeuvering promptly in a seamanlike way

--------------------------------- continuing obstruction -------------------------------


Lunch

100 Questions & Answers


Practice Test


Practice Test

• Rule book only – no other documents.• Name and date on all answer sheets.• Circle the letter of correct answer – MAY be

more than one correct answer.• Each answer is worth one point (+ or -). • SIs and Class Rules do NOT change RRS,

UNLESS a change is stated in the question. • Wind always blows from the top of the page.


Practice Test

• Make notes only on the question papers (circle the answer there also).

• You may refer ONLY to the ISAF Racing Rules for Sailing (in any language).

• The exam is in three parts A, B and C. • You have 20 minutes (use 5 min for A + B).• Please write your finishing time.• The starting time is ……….


20 Minutes

March 2014 ISAF International Judges' Seminar 97

Practice Test – PA1

(a) BLUE broke rule 18.2(b).

(b) Red broke 18.2(b) which compelled BLUE to break rule 18.2(b).

(c) BLUE broke rule 11.

(d) Yellow broke rule 14 but is exonerated, because Blue compelled her to do so when she broke rule 18.2(b).

(e) YELLOW broke rule 14 but is not penalized.

(f) BLUE broke 14.Exonerated


Practice Test – PB1

PB-1

(a) – Rule 44.1

(b) – A boat did not break a rule

(c) – Rule 44.1

(d) – Rule G4

(e) – Rule 64.1

(f) – Rule 64.3(a)


Practice Test – PC1FACTS• Blue, Yellow and Green are J/24 sailing in 8 knots to a

leeward mark to be passed to port.• Blue, Yellow, Green overlapped at zone.• Blue on the inside, Yellow in the middle and Green on

the outside.• Green passed within one BL of the mark. • Yellow passed between Green and the mark.• Blue sail the wrong side of of the mark and touched the

mark.• Blue took a one-turn penalty.


Practice Test – PC1

CONCLUSIONS and RULES that apply• Blue was entitled to mark-room from Yellow and

Yellow was entitled to mark room from Green rule 18.2(b).

• Yellow did not give mark-room to Blue because Green did not give enough mark-room to Yellow and Blue. Rule 18.2(b).

• Blue broke rule 31.• Yellow was compelled to break 18.2(b) by Green.


Practice Test – PC1DECISION:• As Yellow was compelled to break rule 18.2(b) by

Green’s breach she is exonerated under rule 21.• Blue is not penalised for breaking rule 31, as she

took a penalty in accordance with rule 44.1.

• Green is disqualified rule 18.2(b).• Blue request for redress is denied under rule

62.1(b).

Rule 64.1(a)


Practice Test – PC1DECISION:• As Yellow was compelled to break rule 18.2(b) by

Green’s breach she is exonerated under rule 21.• Blue is not penalised for breaking rule 31, as she

took a penalty in accordance with rule 44.1.• Blue was compelled to touch the mark by Yellow’s

breach of a rule and is exonerated under rule 64.1(a)

• Green is disqualified rule 18.2(b).• Blue request for redress is denied under rule

62.1(b).

Rule 64.1(a)



Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


The Event


Pre-event Responsibilities of the ChairmanLiaise with OA on logistics• Housing

• Transportation

• Expenses

• Jury arrival dates and arrangements

• Jury facilities (ashore and on-water)• Initial meeting arrangements• Review all documents

IJ Manual Section G – The Event


Before accepting a jury appointment:• Ensure you have no conflict of interest• Ensure you can commit for the entire time• Understand travel cost expectations.

After accepting a jury appointment:• Expect to obtain and review NoR, SIs, class rules etc

Pre-event Responsibilities of All Judges

Include travel costs from home to airport


First Jury Meeting

• Review sailing instructionsConsider essential changes only

• Delegation of duties• Logistics• All other matters as listed in

Section H of the Manual

Jury Chairman's responsibility.

What do you do if the chairman doesn’t do this?


First Jury MeetingDecide when jury should take action– consider:

• Rule 42, Propulsion• Serious damage and no protest• Fair sailing• Touching mark• Not sailing the course • Incomplete penalty• Misconduct

FAST - Jury Chairman's responsibility.


Decide when jury should NOT take action – consider:

• Part 2 incidents with other boats around (unless serious damage)

First Jury Meeting

Discuss questions from competitors.



Meeting with RC and OA

• Jury authority and role

• All those matters as listed in Section H of the Manual

• Confirm that Jury and RC communications will be between Jury Chairman and PRO only



Competitors’ Briefing

Input from the Jury Chairman

• Jury introduction• Jury is there to provide a service• Briefing on judging rule 42• Rules questions in writing • Refer competitors to notices • Location of notice board, jury room, office, etc



Competitors and Coaches


Dealing with Competitors

• Interaction depends on level of the event and age of competitors

• In all cases, friendliness, fairness and impartiality (this includes giving the right appearance)

• With young and inexperienced competitors: Show care and understanding

Be willing to answer questions

Be willing to explain decisions

FAST - Respect


Difficult Competitors

• Be patient but firm

• Avoid argumentsGet questions in writing.Do not act alone.

• For contested decisionsAvoid personal confrontations.Explain it is the role of the Jury to find

facts and make the decisions, and the Jury agreed its decision.

FAST


Coaches,Team Leaders, Support Crew

• Coaches are experienced sailors and serve competitors, so deserve respect

• Encourage meetings with coaches• Support boats provide additional safety• Restricted areas should be well defined

in sailing instructions

FAST


Protests Involving Coaches

Coaches have no status in the rules• Not competitors• Not officials• Cannot be protested, no longer subject to a rule 69

action

For a coach breaking rules• Some SIs provide a penalty applied to a competitor

BUT??


Media• Media role is important to the sport

• Nominate one Jury member as contact (chairman?)

• Communicate hearing results to media centre

• Explain decisions to the media

• Attend press briefings

FAST


On the Water• Jury boat visibility

• If observing an incident Record the boats involved, description of the incident, leg, time, race number.

Follow-upNotify chairman of observed incidentsDiscuss incident only in the hearingA judge may be a witness

FAST


Break15 Minutes

Decision Writing Exercise 1




Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


Judging Rule 42, Propulsion


Rule 42 Enforcement

• Only is the SIs state Appendix P applies

• Immediate on-water penalty by judges using yellow flag

• Can a boat protest a boat for breaking rule 42 when Appendix P applies?


Rule 42Using Appendix P

• Positioning of judge boats• Good understanding of rule 42 is

essential (and any class rule changes)

• Best if two judges agree the rule is broken

• Apply same criteria to 1st, 2nd and 3rd breach


Rule 42Using Appendix P

• Hold up flag, blow whistle, point flag and hail sail number

• Watch boat taking the penalty• Record: race, leg, position, action, penalty

taken• Report all to the Jury• Be prepared to answer competitor queries

after racing


Rule 42.1 - Basic

• Use only wind and water for speed• May trim sails and hull• May perform other acts of seamanship• Shall not otherwise move body to

propel boat


Rule 42.2 - Prohibited

Pumping: repeated fanning of a sail by trimming and releasing by body movement

Rocking: repeated rolling by body movement by adjustment of sails or centreboard not for steering

by steering

Ooching: forward body movement, sudden stopSculling: repeated helm movement not steeringRepeated tacks or gybes not for wind or tactics


Rule 42.3 - Allowed• Roll tacking and gybing

But no speed increase

• Rolling for steering• One pump to initiate surfing or planing

Conditions must exist

Not on beat to windward

• Sculling to turn back to close-hauled• Use helm to reduce speed• To give help in danger• To get clear after grounding or collision



Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


The Protest Hearing


Administration

• Notice board• Jury room facilities• Protest forms• Receiving protests• Photocopying• Jury secretary duties• Posting schedule and decisions


Hearing Preparation

• Organization of tables and chairs• Temperature, lighting, noise level• Not able to be overheard• Appropriate dress code• Read the protest (but don’t be

influenced by what is written !!)• Was a penalty taken?• Concurrent hearings


Who can protest ?• Boat vs. boat (rule 60.1)• Race committee vs. boat (rule 60.2)• Protest committee vs. boat

Under rule 60.3(a)

Under rule rule 60.3(a)(1) – serious damage or injury

Under 60.3(a)(2) – during a protest hearing


Request to Withdraw Protest• Not automatic, PC must approve• Find out reason reason• Allow withdrawal unless suspicion of

foul play• Record approval on protest form

and get signature• Usually a delegate of the PC. If

doubt whole panel decides


Attending the Hearing

• Only one representative from each partyIf Parts 2, 3 or 4 : Must have been on board unless PC agrees otherwise.

Ensure representative is authorised by skipper or owner.

• WitnessesPresent only while giving evidence.


Absent Parties

• Try to locate an absent party• If one party elects not to attend

Protest should proceed

• If a party is unable to attend PC may consider re-scheduling if good reason

• If neither party attends

PC may dismiss the protest

PC may proceed using the form as evidence

PC could later decide to reopen


Observers

• Generally encourage• PC members must be comfortable• Disallow if a party has a good reason to

object • A witness cannot be an observer• Observers must leave during PC discussions • Silent, no recording devices or mobile

phones, sit at back, may not leave, etc. See Section K.7, also 4.7 and D.7 of the Manual


Protest Procedure

• Introductions• Interested party• Translators• Validity• Protestor’s story• Protestee understands?• Protestee’s story• Protestor understands?• Protestor’s questions• Protestee’s questions• Protestor’s witness’ evidence

• Questions to the witness (protestee asks first)

• Protestee’s witness’ evidence• Questions to the witness

(protestor asks first)• PC questions• Final statements (protestor

first)• Facts, conclusions and rules

that apply, decision• Inform parties of decision


Introductions andInterested Party

• Introductions If needed and if time

• Objections by a party May believe a PC member is an interested party

PC may overrule the objection

• An interested partyCannot take part in the hearing

Can be a witness


Translators

• Are to translate only, not give rule advice Tell them so

• A coach may translate but an independent translator is preferable

• A PC member may translate but this is not preferred

A PC member may be able to monitor the translator


Validity• Inform protestee

Hail (unless distance too great) Flag (not required if under 6 m)

No hail or flag if obvious damage [rule 61.1(a)(4)] If no hail, other boat must be informed

• Protest Must be in writing Must identify the incident and protestee Other details may be corrected or added

• Must be timely, usually Protest Time Limit• Time limit shall be extended if good reason

What is the test?

What is the test?


Deciding Validity

• Excuse parties if PC needs to deliberate

• If valid, hearing will continue

• If invalid, hearing is closed


Chairman’s Management

• Control inappropriate behaviour• Allow only one person to speak at a

time• Remain polite but firm• Discourage leading questions• Keep the hearing to the point (the

‘facts’)


Witnesses• Exclude except when giving evidence• A party has the right to call any witnesses• A party may question any witness• PC may call witnesses• A PC member may be a witness• An interested party may be a witness• Techniques to reduce excessive time and

number


PC Questioning Techniques

• PC questions as late as possible• Avoid leading questions• Ask only questions which help find the

facts• Avoid asking unnecessary questions


Principles of PC Questioning

• 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?


Evidence• Weigh all evidence with equal care• Don’t be influenced by strong or

confident personalities• Control expressions, facial and verbal• Be aware of the parties’ body language• Varying evidence does not necessarily

mean that someone is lying• Listen carefully and take notes


Evidence

• Hearsay is not evidence• Photographs (may be valuable but take care)

• Videotapes (procedures are in K.14 of the IJ Manual)

• Written evidence by absent author

Accept only if all parties agree (because witness cannot be questioned)


Final Statements

Discourage the evidence being repeated. The chairman may say:

“If you wish to do so, you may now make a final statement, particularly on any rule or interpretation you would like us to consider.

There is no need to repeat your story.”


Deliberations

• Ask parties and observers to leave• Don’t laugh or joke when the room is clear!• Ask less experienced judges first, but vary

the order from hearing to hearing• Record easily agreed facts, in order• Apply the relevant rules to the facts• Identify missing facts• Discuss and agree controversial issues


Resolving Controversial Issues

• Try to get unanimity among PC• Listen to dissenter’s point of view• Discuss conflicting evidence• Back up to last point of certainty• Establish most likely scenario• Can recall parties for missing

information• Last resort only: take a vote


Contact

If there was there contact:

• Did any boat break rule 14?• If yes, does any penalty apply?


Facts and Conclusions


Writing the Facts

• Appoint the ‘scribe’ (chairman or other)

• Include all relevant facts

• BUT exclude irrelevant facts


Writing Conclusions

• Decide which rules apply, then . . .

• Record conclusions

• Record which boats broke which rules and why (use the language in the rules)

• No rule broken – Protest Dismissed• Boat(s) broke one or more rules – DSQ• Exceptions:

– Exoneration• Rule 64.1(a): when compelled to break a rule.• Rule 14(b): R-O-W Exonerated if no damage or injury• Rule 21: within room or mark-room that isn’t given

– Other penalties may be in SIs– Rule 36 – Races restarted or resailed– Boat not racing – Not Penalized (Preamble Part 2)


Decision


Scoring DNE

DNE = disqualification not excludable

• Rule 2• Rule 30.3 (Black Flag Rule)• Rule 42 (Propulsion) - P2.2 or P2.3 applies


Other Scoring

• DNC, DNS, OCS, ZFP, BFD, DNF – race committee

• DSQ, DNE, DGM, RDG – protest committee

• SCP – can be automatic

In all cases, notify the scorer promptly

Gross Misconduct

% Scoring Penalty


Announcing the Decision

• Recall parties and all others interested to the protest room

• Read facts found, conclusions and decision

• Provide translation if needed• Give copy of decision if requested

State when and where available

Provide a diagram if it will assist


Explaining the Decision

• Give immediate clarification if needed• No further discussion at this time• Informal discussion at a future time

could be agreed• If there is right of appeal, advise a

dissatisfied party (?)


Measurement Protests

• Measurer cannot protest• Measurer must report non-compliance

to RC• RC shall then protest

Can the PC initiate a measurement protest?Who can the report be from?



• A protest by RC or a boat must identify the rule alleged broken

• PC can call event measurer as a witness

• Decision must comply with rule 64.3 Sometimes not DSQ

Boat may race if intending to appeal

Costs paid by unsuccessful party



• PC makes final decision, BUT• When in doubt, the PC: must ask the measurement authority

and is bound by its reply

Who is the measurement authority?


Protest Committee Protests

• Nominate one PC member to present the case. However . . .

• Explain protest is by PC as a whole• A PC member may give evidence as a

witness• That PC member can participate in the

decision


Requests to Reopena Hearing


Request to Reopen

Request may come from• A boat which was a party (<24 hours)• The RC or OA if it was a party (<24

hours)• PC itself may decide without a request


Deciding Whether to Reopen

• Have a preliminary meeting to: Listen to the party’s evidence

Consider other information as needed

• Decide in private• Reopen only if:

A significant error may have been made, or timely and significant new evidence is

available


The Reopening

Inform parties

Same PC members if possible

Rules of Part 5 apply

May or may not change decision

Quick Test 0109



Lunch



Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


Damage and Injury


Rules References toDamage and Injury

Damage Penalize a boat – rule 14(b)

Serious damage Taking a penalty – rule 44.1(b)

Injury or physical damage Giving redress – rule 62.1(b)

Injury or serious damage PC protest – rule 60.3(a)(1)


Damagerule 14(b)

Not defined, but ISAF Case 19 suggests:

Market value diminished?

Item or equipment made less functional?


Serious DamageRule 44.1(b)

Not defined, but ask:

Was the performance of the boat seriously impaired?

Was the cost of repair high?

Was the market value significantly diminished?


Physical DamageRule 62.1(b)

Example of physical damage:Real damage to the boat or equipment

Examples of what is NOT physical damage:

Capsize with no damage but causing loss of places

Rigs or lifelines entangled


InjuryRules 62.1(b), 60.3(a)1

Injury when considering redress:Did the injury result in the boat losing places?

Injury when considering a PC protest:Did the injury require more than minor first aid? (not necessarily hospitalisation)

Facts – Conclusion – DecisionExercise




Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


Hearings Involving Misconduct


“Fair Play”

Is there a difference between ‘fair play’ and ‘fair sailing’?

Give some examples of what may be (or have been) ‘unfair play’


Rule 2Fair Sailing

• A fundamental rule• A boat, PC and RC can protest a boat

under rule 2• Can be applied alone• Must be clearly established• Penalty is DNE


Rule 69Gross Misconduct

• Addresses behaviour of competitors, not of boats

• Rule 69.2(a) does not include coaches• Rule 69 is primarily a procedural rule

but it can be broken by a competitor• Rule 69 protest is considered a report


PC Receiving a Report

• May be from any source, including an interested party

• Does not have to be in writing• May be in any form. Examples:

VideotapeProtest formEvidence in a hearing

• PC may also act on its own observation


Deciding on a Hearing

• PC has discretion whether or not to call a hearing

May interview reporter or accused

May first consider other information

• When should a PC proceed? Guidelines are given in the Manual in Section N.2


Conducting the Hearing

• Preparation – Manual N.2.5• Inform the competitor in writing –

Manual N.2.6• PC must have at least 3 members• Follow normal hearing procedures (rules

63.2, 63.3, 63.4, 63.6)• Maintain formality• Keep a written record of evidence


Result of the Hearing

• Penalty may be applied to a boat or person

• May dismiss, issue warning or penalize

• Any penalty must be within PC’s event jurisdiction

• Report penalty (but not a warning) to NAs of competitor, venue, boat owner



Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


Redress


Requesting Redress

• Boats cannot protest the RC or PC• Boats may request redress• RC may request redress for a boat• PC may call hearing to consider redress

No redress without a hearing


Validity of the Request

• No flag required• Must be in writing• Accept a “protest against the PC” as a

request for redress• Must meet protest time limit or within 2 hours

of incident (whichever is later)• Time limit shall be extended for good reason


Being Present at the Hearing

• Similar to a protest hearing (rule 63.3(a))• Restricted to witnesses and parties (or

representatives)

• Who is a party?A boat requesting redressA boat for which the RC has requested redress (rule 60.2(b)), and the RC itself.A boat being considered for redress by the PC (rule 60.3(b))

The body alleged to have made an ‘improper action or omission’ (rule 62.1(a))


The Rights of a Party

• Attend throughout the hearing (rule 63.3(a))• Give evidence (rule 63.6)• Call witnesses (rule 63.6)• Question witnesses (rule 63.6)• Ask for a reopening (rule 66)• Appeal the decision (rule 70.1)


Qualifying for Redress

All of these conditions must be satisfied:

• No fault of her own• Score made significantly worse, but• For one of these 4 reasons . . .


The Four Reasons

1. Improper action or omission by RC, PC, OA, EIC, or MC

2. Injury or physical damage caused by a boat breaking a Part 2 rule a not-racing keep-clear vessel

3. Giving help under rule 1.14. A boat penalized under rule 2 or

disciplined under rule 69.1(b)


Reason One

Improper action or omission by RC, PC,

OA, EIC or MC


Race Committee Errors

Some examples:• Mistiming or incorrect signals• Improper notification of changes to SIs• Incorrect scoring• Wrong identification• Missing or drifting mark


Protest Committee Errors

Some examples:• Incorrect decision• Improper procedures• Collision with a jury boat• On-the-water rule 42 penalty in error


Reason Two

Injury or physical

damage caused by

a boat breaking a Part 2 rule

a not-racing keep-clear vessel


Injury or Physical Damage

Some examples:• Broken rudder• Badly torn sail• Injured crew member

Must be the cause of loss of points


NOT Physical Damage

• Capsize• Rigs or lifelines entangled• Forced to alter course or tack resulting

in loss of places• Crew overboard• Entangled with a mark (but could be a

RC omission – reason One)


Reason Three

Giving help under rule 1.1


Giving Help

• A boat must comply with rule 1.1

• Reasonable decision to help – ISAF Case 20

• Help to own boat or crew does not qualify for redress


Reason Four

A boat penalized under rule 2 or disciplined under rule 69.1(b)


Fair Sailing or Misconduct

If loss of places was caused by another boat which the PC has imposed a rule 2 penalty or disciplined under rule 69,

then:

Redress is available without injury or damage.


Redress Decisions

When redress requirements have been met the PC may need evidence from other boats, because

• PC must make as fair an arrangement as possible• Must consider all boats affected

Abandoning race is only a last resort


Fair Arrangements

• Scoring adjustment advice is in rule A10Position at last mark

Time adjustment

Average points• Redress must be given to all boats affected• Fairest arrangement may be to do nothing


Exercise #2Write the Facts – Conclusion – Decision for this incident.



Judges Programme



Rule 42 compliance


Redress

Damage and Injury

Misconduct

Arbitration


Arbitration


Principles of Arbitration

• There are various arbitration formats• Manual section L contains a

recommended format• NoR should advise and the SIs must

detail the procedure• It is a short meeting conducted before

protests• Only protestor, protestee and an

experienced judge attends


Outcomes of Arbitration

• The arbitrator’s opinion will be:Protest is invalid

One or both boats broke a rule

Neither boat broke a rule

The matter should go to protest

• A boat which broke a rule may accept a penalty less than DSQ rather than going to a hearing

• Best if the arbitrator is not on the PC – but may be an observer.

day 1. 0413isaf international judges' seminar2 pat healy (usa) [email protected] rut subniran...

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