LMSRF APPEALS PROCEDURE
Despite the efforts of local protest committee to reach fair
decision, there are occasions when a party’s protest is not satisfied that the
Rules were applied correctly in reaching a decision.
In that case, recourse to
an appeal process is available, as specified in Rules 70 and 71 and Appendix F of the
2005 - 2008 Racing Rules of Sailing.
In the United States, a two-tiered appeal process has been established.
Appeals of a Protest Committee are considered by an association Appeals
Committee, which in our region is the LMSRF Appeals Committee.
However,
decisions rendered by the LMSRF Appeals Committee also may be appealed to the US
Sailing Appeals Committee, as specified in Rule 70.1.
The steps in the appeals procedure are outlined in Appendix E of the Racing Rules of Sailing,
and a yachtsman wishing to appeal a protest committee decision should proceed as
follows:
1. First, if you wish to object to the composition or procedures of a Protest Committee, you must raise your objections during the protest hearing and insist that the Protest Committee note your objections. If you feel there was an improper action on the part of the protest committee, you may request redress.
2. If you wish to appeal a Protest Committee's decision, state your intent to appeal at the conclusion of the hearing and request a copy of the Protest Committee's written decision.
The written decision must include a description of the facts found and an official diagram of the incident.
3. Within 15 days of receiving the Protest Committee's written decision Appendix F Rule F2.1., the appellant must submit a formal appeal addressed to the Chairman of the LMSRF Appeals Committee but submitted to US Sailing.
Appeals submitted after this time period will be considered not timely and will not be heard.
This appeal must include:
- A statement of grounds for appeal in which you specify why you believe the Protest Committee's interpretation of the Rules was incorrect.
- A copy of the Protest Committee's written decision and official diagram.
- A check for $25.00 made out to "Lake Michigan Sail Racing Federation" ($75.00 for non-LMSRF members).
In addition, any of the following documents in the appellant’s possession shall be submitted:
- The Protest form.
- A diagram prepared or endorsed by the Protest Committee.
- Notice of Race, Sailing Instructions and amendments
- Written statements submitted by the parties or the committee.
- Any additional relevant documents.
- The names and addresses of all parties to the protest and of the Protest Committee Chairman.
MAIL TO:
Race Administration Director
US Sailing
P.O. Box 1260
Portsmouth, RI 02871
It may be helpful to remember the following:
1. As stipulated by Appendix F Rule F6 all parties to the protest are entitled to submit timely comments on the appeal to the LMSRF Appeals Committee.
However, they also must send copies of these comments to the other involved parties and to the Protest Committee.
2. Under Rule 70.1 and Appendix F Rule F5, the LMSRF Appeals Committee is empowered to apply the rules to the facts found by the Protest Committee.
If the LMSRF Appeals Committee feels that the facts presented are inadequate, it may request further information from the Protest Committee or remand the protest to the Protest Committee for a re-hearing.
3. Because the membership of the LMSRF Appeals Committee is drawn from a wide geographic area, it has been possible for the Committee to meet only once or twice a year.
After each meeting, the Chairman of the Committee will send a written summary of the appeal decision to each party to the protest and to the Protest Committee.
4. Decisions rendered by the LMSRF Appeals Committee also may be appealed to the US Sailing Appeals Committee, as specified in Rule 70.1 and Rule F1.2.
PROTEST AND APPEALS INVOLVING MEASUREMENT PROTESTS
Over the last few years there have been several incidents involving measurement protests and their appeal.
Many of these protests and appeals have not been heard or have not reached an equitable result because the rules for filing such a protest or appeal have not been followed.
There are two routes to follow for a measurement protest or appeal.
Each has its own process and end result.
They are as follows:
1. Appeal to the Measurement Authority -
Mechanisms exist to appeal a measurement or rating of a yacht through the measurement authority directly.
In the case of PHRF handicaps they may be appealed to the local PHRF authority and ultimately to the U.S. PHRF Rating Rules Review Committee.
In the case of IMS rule, the authority is the US SAILING Offshore Director.
In the case of one-design measurement rules, they are typically under the authority of their respective One Design Class Association.
This approach to appealing a rating is useful after a regatta or during the off season.
It must be remembered that any change in measurement as a result of the appeal will have no effect on previous races.
2. Protest of a Measurement -
Measurement protests may be filed in accordance with the Part 5 of the Racing Rules of Sailing.
This requires that Rule 61 be complied with in its entirety which includes hailing "protest," displaying a red flag until finishing, retiring or the race committee acknowledges her flag.
If informing the protested boat on the race course is not possible it must be accomplished as soon as reasonably possible.
By following Rule 61 one is reasonably assured that the protest committee will hear the protest.
In doing so the protest committee must follow Rule 64.3, Decisions on Measurement Protests.
Once a protest committee has found facts, issued a decision in writing, the decision of the protest committee may be appealed initially to the local appeals committee and ultimately the U.S. Appeals Committee.
This approach is useful when it is believed that a measurement discrepancy exists either prior to a race or series or during a race or series.
It will protect your rights for a hearing during that race and any subsequent races if it is a series.
Occasionally a measurement discrepancy is not discovered until after a race is over.
If the protest time limit has not expired, a protest should be filed.
If protest time has expired the filing of a request for redress is the only alternative left except for filing an appeal with the measurement authority.
However, a request for redress has certain limitations as described in Rule 62 and is not an effective mechanism to gain satisfaction unless the measurement discrepancy was caused by an "improper action or omission of the race committee or protest committee."
APPEALS COMMITTEE MEMBERS
It is a requirement of LMSRF to have a diverse appeals body with representatives, with no single club dominating the committee.
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Bob Sargent, Chair
Dean Cady
Tom Petkus
Cliff Black
Dr. Frederick Horwitz
Dr. Warwick Coppleson
Robert Pegel
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Columbia Yacht Club
Milwaukee Yacht Club
Burnham Park Yacht Club
Chicago Yacht Club
Milwaukee Yacht Club
Chicago Yacht Club
Lake Geneva Yacht Club
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LMSRF Appeals Committee
Lake Michigan Sail Racing Federation