A protest committee acting under this rule shall have at least
three members.
When a protest committee, from its own observation or from
information received from any source, including evidence
taken during a hearing, believes a person may have broken rule
rule 69.1(a)
, it shall decide whether or not to call a hearing.
When the protest committee needs more information to make
the decision to call a hearing, it shall consider appointing a
person or persons to conduct an investigation. These
investigators shall not be members of the protest committee
that will decide the matter.
When an investigator is appointed, all relevant information
gathered by the investigator, favourable or unfavourable, shall
be disclosed to the protest committee, and if the protest
committee decides to call a hearing, to the
parties
.
If the protest committee decides to call a hearing, it shall
promptly inform the person in writing of the alleged breach
and of the time and place of the hearing and follow the
procedures in
rule 63
, except that:
unless a person has been appointed by World Sailing, a
person may be appointed by the protest committee to
present the allegation.
a person against whom an allegation has been made
under this rule shall be entitled to attend the hearing with
an advisor and a representative who may act on the
person's behalf.
provides good reason for being unable to come to the
hearing at the scheduled time, the protest committee shall
reschedule it; or
does not provide good reason and does not come to the
hearing, the protest committee may conduct it without
that
party
present.
The standard of proof to be applied is the test of the
comfortable satisfaction of the protest committee, bearing in
mind the seriousness of the alleged misconduct. However, if
the standard of proof in this rule conflicts with the laws of a
country, the national authority may, with the approval of World
Sailing, change it with a prescription to this rule.
When the protest committee decides that a competitor or boat
owner has broken
rule 69.1(a)
, it may take one or more of the
following actions
issue a Warning;
change their boat's score in one or more races, including
disqualification(s) that may or may not be excluded from
her series score;
exclude the person from the event or venue or remove
any privileges or benefits; and
take any other action within its jurisdiction as provided
by the
rules
.
it shall report its findings, including the facts found, its
conclusions and decision to the national authority of the person
or, for major international events listed in the World Sailing
Code of Ethics, to World Sailing. If the protest committee has
acted under
rule 69.2(f)(2)
, the report shall also include that
fact and the reasons for it.
If the protest committee decides not to conduct the hearing
without a
party
present, or if the protest committee has left the
event and a report alleging a breach of
rule 69.1(a)
is received,
the race committee or organizing authority may appoint the
same or a new protest committee to proceed under this rule. If
the protest committee decides it is impractical to conduct a
hearing, it shall collect all available information and, if the
allegation seems justified, make a report to the national
authority of the person or, for major international events
listed in the World Sailing Code of Ethics, to World Sailing.
69.3 Actions by a National Authority and World Sailing
The disciplinary powers, procedures and responsibilities of national
authorities and World Sailing that apply are specified in the World
Sailing Code of Ethics. National authorities and World Sailing may
impose further penalties, including suspension of eligibility, under
that code.