Part 5 - Protests, Redress, Hearings, Misconduct and Appeals

Unless rule 70.3 applies, a party to a hearing has the right to appeal the protest committee’s decision or its procedures, but not the facts found, to the national authority. In addition, a party may appeal when the protest committee has failed to hold a hearing or to make a decision.

A protest committee may request confirmation or correction of its decision by the national authority.

There is no right to appeal decisions:

• (a) of an international jury properly constituted under Appendix N,
• (b) that are essential to promptly determine the result of a race that will qualify a boat to compete in a later stage of an event or a subsequent event (and the national authority may prescribe that its approval is required for the use of this rule),
• (c) made at an event open only to boats entered by
  • (1) an organization affiliated to the national authority, or a member of such an organization, or
  • (2) a personal member of the national authority, provided the national authority has granted its approval for the use of this rule, or
• (d) made at an event by a protest committee constituted as required by Appendix N, except that only two members of the protest committee need be International Judges, and provided that the national authority has granted its approval to the use of this rule after consultation with World Sailing.

However, (b), (c) and (d) shall only apply if specified in the notice of race or sailing instructions.

In rules 70 to 72, the national authority means the one to which the organizing authority is associated under rule 89.1. However, if boats will pass through the waters of more than one national authority while racing, an appeal or request shall be sent to the national authority where the finishing line is located, unless the sailing instructions identify another national authority.

Appeals and requests shall conform to Appendix R.

A person who has a conflict of interest or was a member of the protest committee shall not take any part in the discussion or decision on an appeal or a request for confirmation or correction.

The national authority shall accept the facts found by the protest committee unless rule R5 applies.

The national authority may:

• (a) uphold, change or reverse the protest committee’s decision (including a decision on validity or a decision under rule 69),
• (b) order that the hearing be reopened, or
• (c) order that a new hearing be held by the same protest committee or by a new protest committee (which may be appointed by the national authority).

If the national authority orders a hearing to be reopened, it may limit the scope of the reopened hearing to such issues as it considers appropriate.

If the national authority decides that a boat that was a party to a protest hearing broke a rule and is not exonerated, it shall penalize her, whether or not that boat or that rule was mentioned in the protest committee’s decision.

The decision of the national authority is final. The national authority shall send its decision in writing to all parties to the hearing and the protest committee, who shall be bound by the decision.