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| 64 Protest Decisions 64.1 Standard of Proof, Majority Decisions and Reclassifying Requests (a) A protest committee shall make its decision based on a balance of probabilities, unless provided for otherwise in the rule alleged to have been broken. (b) Decisions of the protest committee shall be by simple majority vote of all members. When there is equal division of votes cast,the chairman may cast an additional vote. (c) The protest committee shall proceed with each case, as a protest, request for redress or other type of request, based on the information in the written request or allegation and testimony during the hearing. This permits the type of case to be changed if appropriate. 64.2 Penalties When the protest committee decides that a boat that is a party to a protest hearing has broken a rule and is not exonerated, it shall disqualify her unless some other penalty applies. A penalty shall be imposed whether or not the applicable rule was mentioned in the protest. If a boat has broken a rule when not racing, her penalty shall apply to the race sailed nearest in time to that of the incident. However, (a) if a boat has taken an applicable penalty, she shall not be further penalized under this rule unless the penalty for a rule she broke is a disqualification that is not excludable from her series score; old a and b (b) if the race is restarted or resailed, rule 36 applies. 64.2 Decisions on Redress When the protest committee decides that a boat is entitled to redress under rule 62, it shall make as fair an arrangement as possible for all boats affected, whether or not they asked for redress. This may be to adjust the scoring (see rule A9 for some examples) or finishing times of boats, to abandon the race, to let the results stand or to make some other arrangement. When in doubt about the facts or probable results of any arrangement for the race or series, especially before abandoning the race, the protest committee shall take evidence from appropriate sources. 64.4 Decisions on Protests Concerning Class Rules (a) When the protest committee finds that deviations in excess of tolerances specified in the class rules were caused by damage or normal wear and do not improve the performance of the boat, it shall not penalize her. However, the boat shall not race again until the deviations have been corrected, except when the protest committee decides there is or has been no reasonable opportunity to do so. (b) When the protest committee is in doubt about the meaning of a (c) When a boat is penalized under a class rule and the protest committee decides that the boat also broke the same rule in earlier races in the same event, the penalty may be imposed for all such races. No further protest is necessary. (d) When a boat penalized under a class rule states in writing that she intends to appeal, she may compete in subsequent races without changes to the boat. However, if she fails to appeal or the appeal is decided against her, she shall be disqualified without a further hearing from all subsequent races in which she competed. (e) Measurement costs arising from a protest involving a class rule shall be paid by the unsuccessful party unless the protest committee decides otherwise. 64.5 Decisions Concerning Support Persons (a) When the protest committee decides that a support person who is a party to a hearing under rule 60.3(d) or 69 has broken a rule, it may (1) issue a warning, (2) exclude the person from the event or venue or remove any privileges or benefits, or (3) take other action within its jurisdiction as provided by the rules. (b) The protest committee may also penalize a boat that is a party to a hearing under rule 60.3(d) or 69 for the breach of a rule by a support person by changing the boat’s score in a single race, up to and including disqualification, when the protest committee decides that (1) the boat may have gained a competitive advantage as the result of the breach by the support person, or (2) the support person committed a further breach after the protest committee warned the boat in writing, following a previous hearing, that a penalty may be imposed. previous version The protest committee may also penalize a competitor for the breach of a rule by a support person by changing the boat’s score in a single race, up to and including DSQ, when the protest committee decides that (1) the competitor may have gained a competitive advantage as the result of the breach by the support person, or (2) the support person commits a further breach after the competitor has been warned by the protest committee that a penalty may be imposed. 64.6 Discretionary Penalties When a boat reports within the protest time limit that she has broken a rule subject to a discretionary penalty, the protest committee shall decide the appropriate penalty after taking evidence from the boat and any witnesses it decides are appropriate. |
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