70 APPEALS AND REQUESTS TO A NATIONAL AUTHORITY
70.1 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.
70.2 A protest committee may request confirmation or correction of its decision by the national authority.
70.3 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.
70.4 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.
70.5 Appeals and requests shall conform to Appendix R.
APPENDIX R
PROCEDURES FOR APPEALS
AND REQUESTS
See rule 70. A national authority may change this appendix by
prescription, but it shall not be changed by the notice of race or
sailing instructions.
Time periods shall be extended by the national authority when there is good reason to do so.
R1 APPEALS AND REQUESTS
Appeals, requests by protest committees for confirmation or
correction of their decisions, and requests for interpretations of the rules shall be made in compliance with this appendix.
R2 SUBMISSION OF DOCUMENTS
R2.1 To make an appeal,
(a) no later than seven days after receiving the protest committee’s written decision or its decision not to reopen a hearing, the appellant shall send an appeal and a copy of the protest committee’s decision to the national authority. The appeal shall state why the appellant believes the protest committee’s decision or its procedures were incorrect;
(b) when a hearing has not been held within 30 days after a protest or request for redress was delivered, the appellant shall, within a further seven days, send an appeal with a copy of the protest or request and any relevant correspondence;
(c) when the protest committee fails to comply with rule 63.6(b),
the appellant shall, within a reasonable time after the hearing,
send an appeal with a copy of the protest or request and any
relevant correspondence.
If a copy of the protest or request is not available, the appellant shall instead send a statement of its substance.
R2.2 The appellant shall also send, with the appeal or as soon as possible thereafter, all of the following documents that are available to her:
(a) the written protest(s) or request(s) for redress;
(b) a diagram, prepared or endorsed by the protest committee,
showing the positions and tracks of all boats involved, the
course to the next mark and the required side, the force and
direction of the wind, and, if relevant, the depth of water and
direction and speed of any current;
(c) the notice of race, the sailing instructions, any other documents
governing the event, and any changes to them;
(d) any additional relevant documents; and
(e) the names, postal and email addresses, and telephone numbers
of all parties to the hearing and the protest committee chair.
R2.3 A request from a protest committee for confirmation or correction of its decision shall be sent no later than seven days after the decision and shall include the decision and the documents listed in rule R2.2. A request for an interpretation of the rules shall include assumed facts.
R3 RESPONSIBILITIES OF NATIONAL AUTHORITY AND
PROTEST COMMITTEE
Upon receipt of an appeal or a request for confirmation or correction, the national authority shall send to the parties and protest committee copies of the appeal or request and the protest committee’s decision. It shall ask the protest committee for any relevant documents listed in rule R2.2 not sent by the appellant or the protest committee, and the protest committee shall promptly send them to the national authority. When the national authority has received them it shall send copies to
the parties.
R4 COMMENTS AND CLARIFICATIONS
R4.1 The parties and protest committee may make written comments on the appeal or request or on any of the documents listed in rule R2.2, provided they do so within seven days of the national authority making them available.
R4.2 The national authority may seek clarifications of rules governing the event from organizations that are not parties to the hearing.
R4.3 The national authority shall send copies of comments and
clarifications received to the parties and protest committee as
appropriate.
R5 INADEQUATE FACTS; REOPENING
The national authority shall accept the protest committee’s finding of facts except when it decides they are inadequate. In that case it shall require the committee to provide additional facts or other information, or to reopen the hearing and report any new finding of facts, and the committee shall promptly do so.
R6 WITHDRAWING AN APPEAL
An appellant may withdraw an appeal before it is decided by
accepting the protest committee’s decision.
Once you have filled this form out you shall send it to the SAIL Judge at sail.judge@rmsail.org