Experimental Procedures for
Hearing Protests in EmailDecember 17 1999
These procedures are introduced in accordance with RRS 86.2, which, along with the applicable USS prescription, authorizes development and testing of new rules in local races.
These procedures modify RRS 63, and supercede other RRS with which they may be in conflict.
Introduction and Purpose:
These procedures are intended to allow protests to be resolved in email, without requiring competitors who may live a considerable distance away from the race venue to travel to a common physical location for a hearing. They are also intended to allow non- synchronous interaction, so that it is not necessary for all parties to be available for a hearing at the same time.
Use of these procedures is voluntary. They will only apply if all parties to the hearing have read them and agree to accept the results of this process.
Initiation of a Protest:
All requirements of RRS 61 remain in effect.
Decision to use email protest hearing procedures:
The Race Committee may, at its discretion, offer the option of email protest hearing procedures to parties to the hearing. If this option is offered, all parties to the hearing as defined by the RRS definition of "party" shall be provided with: 1) a copy of the written protest; and 2) a copy of these procedures.
All parties must agree that these procedures shall apply, and that they will accept the findings and decisions resulting from this process.
Acceptance of email protest hearing procedures shall be indicated by returning a signed written acceptance form to the Race Committee by postal mail, fax, or email. If acceptance is indicated by email, the Race Committee will follow up with a voice call to verify. The acceptance form must include a valid email address of record to be used for the hearing, telephone contact information, fax number if available, and must be received before the specified date and time.
The Race Committee may specify a reasonable time limit for return of acceptance forms. If no time limit is specified, the time limit shall be 4:00 PM on the day of the scheduled face-to-face hearing.
Acceptance of these procedures shall not in any way restrict the right of parties to the hearing to appeal a decision to the District Appeals Committee or to USS.
Notification of acceptance:
If all parties accept these procedures within the time limit, the Race Committee shall: 1) appoint a Protest Committee, and 2) notify all parties. Such notification shall include the email addresses of record of all parties, and the email addresses of all members of the protest committee.
Opening statements and narratives:
Parties to the protest shall email an initial narrative or statement to all members of the Protest Committee. This initial statement should include a basic narrative of what happened in the incident in question, but need not duplicate information already contained in the original written protest. This email may or may not be copied to other parties to the hearing. It will be re-distributed to all parties by the Protest Committee after all initial statements are received.
Parties not wishing to make an opening statement must send email to the Protest Committee so indicating.
When all parties have responded, the Protest Committee shall distribute all statements and narratives to all parties.
First round of questions:
All parties may ask questions when the Protest Committee indicates by email that the first round of questioning has begun. Questions shall be emailed to all parties to the hearing. They may or may not be re-distributed by the Protest Committee. The Protest Committee may set a reasonable time limit for the question period. The question period may end before the time limit if all parties indicate they are finished submitting questions. These procedures apply to all subsequent question rounds.
First round of Responses:
When the Protest Committee indicates that a question round has ended, all parties may email responses. Responses need not be copied to other parties, and will be distributed to all parties by the Protest Committee after the response period ends. The response period ends when all parties have responded or indicated that they do not wish to respond, or when a reasonable time limit set by the Protest Committee has expired. These procedures apply to all subsequent response periods.
Additional rounds of questions and responses:
The Protest Committee may call for additional rounds of questions and responses as it considers necessary.
Diagrams:
Diagrams may be submitted with any response or statement, but not with questions. They may be submitted in any common electronic form, as attachments to email or as fax images, and will be made available on a web page maintained by the Protest Committee. Parties may also put these images on their own web pages if desired
Diagrams faxed to the Protest Committee will be scanned and included on this web page.
If a party to the hearing does not have web access with graphics capability, the Protest Committee will send copies of diagrams to this party by fax.
Witnesses:
Each party to the protest may present the testimony of one or more witnesses. The full name, contact information, and an email address (if available) for each witness shall be provided to the Protest Committee.
Witnesses may examine all previous statements, narratives, questions, and responses by parties to the hearing.
Witness testimony may be presented as a dialogue between a party to the protest and their witness.
Witness testimony need not be copied to other parties, and will be distributed by the Protest Committee after all witness testimony is complete.
Questions to and responses by witnesses:
One or more rounds of witness questions and responses may be conducted, at the discretion of the Protest Committee. Questions shall be copied to all parties, including all witnesses. Responses need not be copied to all parties, they will be distributed by the Protest Committee after each round of responses is complete.
Follow-up questions:
One or more rounds of follow-up questions and responses, as considered necessary by the Protest Committee, may be conducted.
Closing Statements:
A final round of statements from all parties shall be emailed to the Protest Committee. These statements need not be copied to all parties, and will be distributed by the Protest Committee when all statements have been received.
Closing statements should summarize the applicable rules, and may contain links to appeals decisions or other authoritative sources of guidance for rule interpretation.
Deliberation, decision, and publication:
The Protest Committee shall deliberate via whatever medium it considers most appropriate, which may be email, telephone, or face-to-face meeting.
Decisions shall be communicated in email to all parties.
The entire record of the hearing, including all questions, responses, and witness testimony, may be published on a web page accessible to all competitors in the event.
Email Protest Procedures Summary Chart 1) Filing, acceptance of email procedures, and notification 1-a) Protest is filed the usual way, as per RRS 61. 1-b) RC sends copy of protest and copy of these procedures to all parties. 1-c) All parties agree to email hearing procedure, responding to RC by mail, fax, or email with voice verification. 1-d) RC notifies all parties in email that email hearing procedures will be used, names PC and sends PC email list to all parties. 2) Opening statements and narratives 2-a) All parties email opening statement to PC. copies to other parties optional. 2-b) PC distributes opening statements to all parties. 3) First round of questions and responses 3-a) First round of questions emailed by all parties to all parties. 3-b) First round of responses emailed to PC, copies to other parties optional. 3-c) PC distributes responses to all parties. Repeat steps a-c as required. 4) Witness testimony and questions for witnesses 4-a) Witness statements emailed to PC, copies to other parties optional. 4-b) PC distributes witness statements to all parties. 4-c) First round of questions emailed by all parties to all witnesses and to all parties. 4-d) First round of responses emailed to PC, copies to other parties optional. 4-e) PC distributes responses to all parties. Repeat steps c-e as required. 5) Follow-up questions and responses 5-a) Follow-up questions emailed to all parties. 5-b) Responses emailed to PC, copies to other parties optional 5-c) PC distributes responses to all parties. Repeat steps a-c as required. 6) Closing statements 6-a) Closing statements emailed to PC, copies to other parties optional. 6-b) PC distributes closing statements to all parties. 7) Deliberation and decision 7-a) PC deliberates, deliberations not copied to other parties. 7-b) Decision emailed to all parties. 7-c) Record of hearing published on the web. ................................. Email Protest Hearing Procedures Acceptance Form Name_____________________________ Email ___________________________ Email (secondary)________________ Voice phone (day)________________ Voice phone (eve)________________ Voice phone (cell)_______________ Fax phone________________________ Boat name________________________ Boat type________________________ Sail number______________________ Race name________________________ Sponsoring Club__________________ Race date________________________ Race number (on that date)_______ Time and place of incident, names of other boats involved, or other information to identify Incident _________________________________ _________________________________ I agree to use the Experimental Email Protest Hearing Procedures, and agree to accept the findings and decision resulting from this process (this does not limit my right to appeal via the usual procedure). Signature________________________ Date________