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Rule m3.3

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Rule M3.3 | Protest Room

Appendices

Appendix M — Recommendations For Protest Committees

This appendix is advisory only; in some circumstances changing these procedures may be advisable. It is addressed primarily to the protest committee chair but may also help judges, protest committee secretaries, race committees and others involved in hearings.

In a hearing, the protest committee should weigh all testimony with equal care; should recognize that honest testimony can vary, and even be in conflict, as a result of different observations and recollections; should resolve such differences as best it can; should recognize that no boat or competitor is guilty until a breach of a rule has been established to the satisfaction of the protest committee; and should keep an open mind until all the evidence has been heard as to whether a boat or competitor has broken a rule.

M3.3

Find the facts (rule 63.5(a)).

(a) Write down the facts; resolve doubts one way or the other.
(b) Call back parties for more questions if necessary.
(c) When appropriate, draw a diagram of the incident using the facts you have found.

Rule M3.2

Take the evidence ( rule 63.4 ). - (a) Ask the parties to tell their stories. Then allow them to question one another. In a redress matter, ask the party to sta...

Rule M3.4

Decide the case ( rule 63.5 ). - (a) Base the decision on the facts found. (If you cannot, find some more facts.) - (b) In redress cases, make sure that no furt...