Opening Up Protest Hearings

Protest hearings are simply part of the rules, and are sailing’s equivalent to say, a soccer referee’s or a cricket umpire’s decision. Protest hearings are the means to resolve those disputes which aren’t resolved during the gameplay (i.e. on the water), which is often the case in our sport.

Yet, utterance of those very words ‘Protest Hearing’ seems to strike terror into the minds of many sailors (young/old salty-dogs or newcomers alike), such that they feel protests should be avoided at all costs. Unfortunately, avoiding protest hearings doesn’t benefit anyone or our sport. Rule breaches go unpaid for and, in some cases, the wrong boat wins as a result. Most of all though, no one learns or improves when the rules are not enforced.

Being part of a protest hearing need not be anything other than a positive experience: a chance for learning and a way to resolve issues. Of course, as a party in a hearing, sometimes you will lose, but just like in any other sport, that’s part of the game.

The Club’s Race Management subcommittee (RMsC) is now actively promoting ‘Open Protest Hearings’ to widen the protest hearing experience to ‘Observers’ – sailors/coaches/parents/landlubbers* like you. (*Delete as appropriate!)

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Not all protest hearings will or can be ‘Open Protest Hearings’ mind you, as explained later.

However, when possible, we now encourage those people with a genuine interest in the hearing process to join as observers.

Being an Observer

The protest hearing system has long allowed for ‘Observers’ to attend hearings. Rather like those in the ‘viewers’ gallery’ of a courtroom, observers aren’t part of the hearing – they just observe. Although this provision has been in the rules for some time, it is not well known or utilised.

RMsC plans to go one step further by encouraging observers to attend hearings. Essentially, the aim is to open up hearings to anyone who may be interested in learning more. Hence they are called ‘Open Protest Hearings’. The main reason for open hearings is education – it’s a great way for sailors to learn more about the hearing process and learn the racing rules. There are a number of other benefits to open hearings:

• Coaches who observe will be able to give feedback to their sailors on their performance. • Sailors who observe protest hearings may feel less intimidated if/ when they are protested in the future. • Sailors can get a better understanding of the racing rules and how they are applied. • Sailors who are on the protesting or protested boat may find it interesting too.

Of course, there are some rules for Open Hearings and the observers. For example, a protest hearing will only be ‘Open’ if all the parties and all the protest committee agree to it being ‘Open’. At any time, the protest chairman may ask observers to leave.

Hearings concerning very personal or sensitive issues will not be Open Hearings. This means that protests regarding RRS 2 (Fair Sailing) or RRS 69 (Misconduct) will never be opened to observers. Hearings which make good ‘Open Hearings’ are ones regarding ‘boat-on-boat’ protests. Fortunately, those are also usually the most interesting to observe anyway.

Observers strictly take no part in the hearing, not even as a witness. Recording or videoing is strictly not allowed. Normally observers should be asked to leave when the protest committee deliberate, but this is up to the protest chairman.

All these rules will be explained in detail by the protest chairman at the time of the hearing.

How can I be an Observer?

The simple answer is, ask! If you are interested in observing, simply ask the Sailing Office whether you can join as an observer.

At major RHKYC events (when protests are held immediately after each day’s racing), the Sailing Office will list the protests on the ‘Hearing Schedule’ board, and may in future use that notice board to indicate whether the hearings are open to observers.

For protest hearings after a weekend’s class racing (normally held on Monday nights), the best way to show interest is to inform the Sailing Office that you would like to be on the observer list. They will then let you know when open hearings are scheduled.

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