Case 137

Rules
63.4(b), Hearings: Conflict of Interest

Summary:
When deciding if a conflict of interest is significant, the protest committee should take into account the degree of conflict, the level of the event and the overall perception of fairness.

Facts:
After a declaration of a conflict of interest by a protest committee member, one of the parties does not consent to the person remaining as a member of the protest committee.

Question:
How should the protest committee decide if the conflict is significant or not, as required by rule 63.4?

Answer:
The member concerned should not be present during this decision process. Rule 63.4(c) requires the other members of the protest committee to consider the degree of conflict. For example, a parent/child relationship will almost certainly create a high degree of conflict, while more distant relationships will generally create diminishing degrees of conflict as the distance increases. Similarly, an employer/employee relationship could create a high degree of conflict. Rule 63.4(c) also requires the level of the event to be considered. At some levels of event it is not practical to find suitable protest committee members who have no conflict of interest, yet the event still needs the service of a protest committee. It may be possible to balance the conflict between two or more protest committee members. The protest committee should also consider if the perception of fairness is best served by having more members on the protest committee or by not including a person with a conflict. The protest committee may also take into account the strength of feeling of the parties and if their concerns are shared or confined to one party.

Answer:

The member concerned should not be present during this decision process. Rule 63.4(c) requires the other members of the protest committee to consider the degree of conflict. For example, a parent/child relationship will almost certainly create a high degree of conflict, while more distant relationships will generally create diminishing degrees of conflict as the distance increases. Similarly, an employer/employee relationship could create a high degree of conflict.

Rule 63.4(c) also requires the level of the event to be considered. At some levels of event it is not practical to find suitable protest committee members who have no conflict of interest, yet the event still needs the service of a protest committee. It may be possible to balance the conflict between two or more protest committee members.

The protest committee should also consider if the perception of fairness is best served by having more members on the protest committee or by not including a person with a conflict. The protest committee may also take into account the strength of feeling of the parties and if their concerns are shared or confined to one party.