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Day 1.

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Presentation on theme: "Day 1."— Presentation transcript:

1 Day 1

2 ISAF International Judges' Seminar
Pat Healy (USA) Rut Subniran (THA) 0413 ISAF International Judges' Seminar

3 ISAF International Judges' Seminar
6-Apr-17 0413 ISAF International Judges' Seminar (c) International Sailing Federation

4 Miroslav Bjelajac (CRO)
6-Apr-17 WELCOME Presented by The International Sailing Federation and Croatian Sailing Federation The people responsible are: Miroslav Bjelajac (CRO) The title slide and this slide should be customized for each seminar. Enter the host MNA and instructor’s names. Introduce the host organization and those assisting in the seminar. Introduce yourself and give a short summary of your qualifications and experience. Pat Healy (USA) Rut Subniran (THA) 0413 ISAF International Judges' Seminar (c) International Sailing Federation

5 ISAF International Judges' Seminar
6-Apr-17 0413 ISAF International Judges' Seminar (c) International Sailing Federation

6 2002 Winter Olympics Salt Lake City
6-Apr-17 2002 Winter Olympics Salt Lake City Canada was crowd and TV commentators favorites CANADA (c) International Sailing Federation

7 Marie Le Gougne, International Judge
6-Apr-17 Marie Le Gougne, International Judge Figure Skating 2002 Winter Olympics Nine judges – 4 West vs 4 East + France (c) International Sailing Federation

8 Didier Gailhaguet President, French Figure Skating Assoc.
6-Apr-17 Didier Gailhaguet President, French Figure Skating Assoc. FRANCE Marina Anissina &Gwendal Peizerat (c) International Sailing Federation

9 Jamie Salé & David Pelletier RUSSIA
CANADA Jamie Salé & David Pelletier RUSSIA Yelena Berezhnaya & Anton Sikharulidze

10 (c) International Sailing Federation
6-Apr-17 Two days later declared co-Olympic Champions (c) International Sailing Federation

11

12 IV III II I Development Application Recognition Rote
Some systems identify four different levels to measure how well someone understands a system or idea. Rote I

13 First is Rote --CLICK-- Rote I

14 II I Recognition Rote Memorize
Rote – Able to recite from memory but does not understand, or think about, the words. (I can recite Patrick Henry’s, “Give me liberty or give me death” speech in 8 seconds but few think I understood what I just said.) --CLICK-- Rote I Memorize

15 III II I Application Recognition Rote Improve Understand Memorize
Recognition – After the fact, understands and can describe what just happen. Often starts with, “You know what I could have done….” --CLICK-- Rote I Memorize

16 IV III II I Development Application Recognition Rote Utilize
Understand Application – Starting to recognize the pattern and anticipate what is about to happen. --CLICK-- Rote I Memorize

17 IV III II I Development Improve Im Application Recognition Rote
Push the art and science of judging forward Development IV Improve Im Application III Utilize Recognition II Understand The development level means you know something so well you can see mistakes and know how to fix them. This is work. A person needs become a student of the rules. Study the rules, where they came from, ISAF Cases, National Appeals, Appeals from other countries, other experts opinions….. --CLICK-- Rote I Memorize

18 Preparing for the International Judges Seminar
6-Apr-17 Preparing for the International Judges Seminar Completed advance preparation Knowledge of the rule book Have read the IJ Manual Experience in protest rooms An IJ Seminar can also be a ‘graduate school’ for National Judges. Before arrival, you should have completed all the pre-requisites you were sent. You should have studied the rule book, especially concentrated on Part 2 – When Boats Meet, and Part 5 – Protest Hearing Procedures. If you intend to become an International Judge, you should have read and studied the IJ Manual. To become an IJ, we expect you to have had quite a bit of experience in hearing protests. You should already have a good working knowledge of the rules and procedures. Think of this seminar as graduate or finishing school. We will not spend a lot of time on the Part 2 rules at this seminar. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

19 This is NOT the most important part!
6-Apr-17 Seminar Outline This is NOT the most important part! Practice test International Judges Examination Test Review We, as instructors, know know and appreciate how important the International Judges Examination is to you. Many of you have been working hard and preparing for a long time. The danger is that worrying about the test will distract you from discussing the other topics that new judges, judges who have worked primarily in one country or one region or one language, need to know before they become international. We will spend time on the test. There will be a practice test later today. The International Judges Examination is scheduled at the end. After the test we will review the answers so you will get a good idea of your result. You are not required to sit the test if you do not wish to. However, over the next two days there will not be a detailed discussion of the rules of Part 2. You are expected to know the rules of Part 2. We will stop at times and work on Part 2 situations and you are welcome to ask questions at any time. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

20 These are the important parts!
6-Apr-17 Seminar Outline These are the important parts! The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

21 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration 0413 ISAF International Judges' Seminar (c) International Sailing Federation

22 ISAF International Judges' Seminar
6-Apr-17 The Bodies ISAF NA OA RC PC ISAF – International Sailing Federation Rules Cases International Race Officials ISAF – International Sailing Federation. The controlling authority of the sport of sailing in all its forms throughout the world. Promotion of the sport, management of the racing rules (make, amend, interpret, authorize their use), grant International status (classes, events), OA of the Olympic Regatta, organize or oversee other International events. Responsible for the certification of International Race Officials (via ROC and SC’s). International Judges represent ISAF. IJs need to know what ISAF policies are and to support those policies. For instance, some judges do not believe in rule 42 and refuse to judge it. IJs cannot pick and choose what policies and what rules to support. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

23 ISAF International Judges' Seminar
6-Apr-17 The Bodies ISAF NA OA RC PC NA – National Authority Decides appeals Prescriptions National Judges Approval of event or International Jury More precisely, MNA – Member National Authority. Decides Appeals via rule 70 (MNA of the venue). May introduce some national prescriptions to the rules. May establish a National Judges Program – many NAs do not have NJ programs . May be the OA (rule 88.1(b). May require its approval to be given if an event wishes to appoint an International Jury (rule N1.1). After approval is given, the International Jury is on it’s own. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

24 ISAF International Judges' Seminar
6-Apr-17 The Bodies ISAF NA OA RC PC OA – Organizing Authority Publishes the Notice of Race Appoints the Race Committee Appoints the Jury Who can be an Organizing Authority? Defined by rule 89 – may be any one of the entities listed under rule 89.1. Publishes (writes?) the Notice of Race – rule 89.2. How much notice is adequate, as required by rule 89.2(a)? In most cases, the OA appoints the race committee and may appoint the jury. In what cases would the OA not appoint the race committee? [ISAF regulations – Grade 1, Special Events] 0413 ISAF International Judges' Seminar (c) International Sailing Federation

25 ISAF International Judges' Seminar
6-Apr-17 The Bodies ISAF NA OA RC PC RC – Race Committee Publishes Sailing Instructions Conducts races Scoring Appoints a PC Race Committee gets authority from the OA and rule 90. SHALL publish sailing instructions – Not optional. Conducts races – as directed by OA and as required by the rules. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

26 ISAF International Judges' Seminar
6-Apr-17 The Bodies ISAF NA OA RC PC PC – Protest Committee (includes an International Jury) Decides protests Decides requests for redress Other duties Protest Committee gets authority from the OA (or RC) and rule 91. International Jury is appointed by the OA (or for certain events, ISAF) – may need approval by the MNA [rule 91(b)]. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

27 ISAF International Judges' Seminar
6-Apr-17 The Bodies Event measurers (part of RC) Measurement authority Equipment inspectors May also be PC members MEASURERS UMPIRES There may be an event measurer or a measurement committee. Technically this is part of the RC. [IS THIS A TRUE STATEMENT] Who is the ‘Measurement Authority’? Where there are umpires on the water for match, teams or fleet racing, the umpire group is not the PC. Some or all the umpires may be on the PC, or the PC may consist of other persons. Who appoints the umpires? Are they technically part of the RC? Or what? Why worry 0413 ISAF International Judges' Seminar (c) International Sailing Federation

28 ISAF International Judges' Seminar
Honest Senate 6-Apr-17 ISAF NA OA RC PC Protest Committee gets authority from the OA (or RC) and rule 91. International Jury is appointed by the OA (or for certain events, ISAF) – may need approval by the MNA [rule 91(b)]. UMPIRES MEASURERS 0413 ISAF International Judges' Seminar (c) International Sailing Federation

29 128 MNAs

30 Don’t screw up

31 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

32 International Judges Programme
6-Apr-17 International Judges Programme What “body” oversees the International Judges programme? ISAF via the Race Officials Committee and International Judges Sub-Committee What document governs the programme? ISAF Regulations 0413 ISAF International Judges' Seminar (c) International Sailing Federation

33 Necessary Qualifications (ISAF Regulation 31)
International Judges Programme 6-Apr-17 Necessary Qualifications (ISAF Regulation 31) Racing experience Rules knowledge Judicial temperament Physical capability Proficiency in English Must support policies of ISAF Must satisfy System 1 or 2 ISAF Regulation 31 governs the requirements to become an International Judge. Do you need recent racing experience to be an effective judge? The perspective is different. Judicial temperament we will talk about later. Physical ability to meet the job at hand. Some judges do only big boat events, some judges do only windsurfing events. Why is English necessary? We will now look at the “Systems”. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

34 How to Become or Remain an International Judge
International Judges Programme 6-Apr-17 How to Become or Remain an International Judge SYSTEM 1 SYSTEM 2 First appointments or re-appointments Re-appointments only Manual B4 explains the two systems. System 1 applies to all new IJ applicants and re-appointments. System 2 can be used only for re-appointments. Both systems are explained under 2.5 of the Manual 0413 ISAF International Judges' Seminar (c) International Sailing Federation

35 International Judge Re-Appointments
International Judges Programme 6-Apr-17 International Judge Re-Appointments SYSTEM 1 or 2 may be used If under 70: Renew every 4 years If 70 or older: Renew every 2 years If under 70 years old, an IJ needs to renew every 4 years. IJs that are 70 years old and older need to renew every 2 years. Current IJs, regardless of age, may use either System 1 or System 2 for renewal applications. Regulation 31.4 0413 ISAF International Judges' Seminar (c) International Sailing Federation

36 Considerations for Appointment
International Judges Programme 6-Apr-17 Considerations for Appointment Fulfilling SYSTEM 1 or 2 does not mean automatic appointment or re-appointment Additional considerations are set out under Section B of the Manual. There are additional matters taken into consideration before an IJ is appointed. Manual B5, Regulation 31.15 Reference forms are covered under IJ Manual Section B.6 0413 ISAF International Judges' Seminar (c) International Sailing Federation

37 ISAF International Judges' Seminar
International Judges Programme 6-Apr-17 IJSC Reference Form Rules knowledge Hearings Contribution to discussions Boat driving and handling Communication Proficiency in English Temperament and behaviour Physical fitness Other comments Recommendation of the chairman After each event the jury chairman will send to ISAF a ‘reference form’ which expresses his opinion of any jury members who may consider applying for IJ. These are the categories the chairman will evaluate. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

38 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

39 Qualities of an International Judge
International Judges Programme 6-Apr-17 Qualities of an International Judge What behaviour is expected? What personal abilities are needed? What personal character attributes are expected? We will consider these in more detail. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

40 Qualities of an International Judge
International Judges Programme 6-Apr-17 Qualities of an International Judge What behaviour is expected? What personal abilities are needed? What personal character attributes are expected? We will consider these in more detail. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

41 International Judges Programme
6-Apr-17 Code of Behaviour Respectful and polite to competitors, colleagues, coaches, officials, hosts Maintain fairness Uphold confidentiality No conflict of interest Probably the most important item in this list is Conflict of Interest. When does this issue begin? Conflict of interest should be addressed by each judge before accepting the invitation. For what reasons would you decline an invitation? (Significant adverse relationship.) It is a judge’s responsibility to inform if any conflict exists. More detail is under 3.1 and 3.2 of the Manual 0413 ISAF International Judges' Seminar (c) International Sailing Federation

42 International Judges Programme
6-Apr-17 Code of Behaviour Respectful and polite to competitors, colleagues, coaches, officials, hosts Maintain fairness Uphold confidentiality No conflict of interest Social behaviour Probably the most important item in this list is Conflict of Interest. When does this issue begin? Conflict of interest should be addressed by each judge before accepting the invitation. For what reasons would you decline an invitation? (Significant adverse relationship.) It is a judge’s responsibility to inform if any conflict exists. More detail is under 3.1 and 3.2 of the Manual 0413 ISAF International Judges' Seminar (c) International Sailing Federation

43 ISAF International Judges' Seminar
International Judges Programme 6-Apr-17 Social Behaviour Follow dress code (on the water, ashore) No drinking until end of hearings No smoking in the jury room or on-water Absence of greed Be punctual Act with dignity and decorum at all times DISCUSS ALL THESE Greed is the overt desire for gain – for an IJ, that is a longing or expectation of special favors (clothing, food and drink, special treatment). We meet persons whose expectations exceed the ability of their hosts to grant those expectations. IJs should generally be content with the extras provided. BEFORE NEXT SLIDE Possible audience participation – use flip chart to create a list and compare with the next slide. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

44 Qualities of an International Judge
International Judges Programme 6-Apr-17 Qualities of an International Judge What behaviour is expected? What personal abilities are needed? What personal character attributes are expected? We will consider these in more detail. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

45 Personal Abilities What skills are needed?
International Judges Programme 6-Apr-17 Personal Abilities What skills are needed? Excellent rules knowledge Jury experience English language proficiency Observation and listening skills Concentration Physical health Ability to run a protest hearing – procedures Reasoning abilities Find and write facts Class and measurement knowledge (at least one member) Race management knowledge Management skills Communication skills Racing experience (how boats move) Boat handling ability Judges are expected to have a very good working knowledge of the racing rules. That does not mean you have to memorize the rule book. It does mean that you know where to find a rule in the rule book. ISAF expects that each IJ applicant has experience in deciding protests. English language is the language of International Juries. Application of the rules as written – NOT as you think they should be written. Observe, listen, concentrate – focus? Physical health for the job at hand. It could be worse. Football (Soccer) referees at the international level are required to take an endurance test (2700 meters in 12 minutes), two speed tests (200 meters in 32 seconds – twice), and two 50 meter dashes in 7.5 seconds. Knowledge of protest hearing procedures, ability to apply those procedures. Ability to find RELEVENT facts – this skill is tied to rule knowledge. Class, measurement and other skills that can firm up the jury competence. Race Management knowledge. Ability to communicate what you mean. Racing experience, knowledge of boat handling, boat limitations. Problem solving. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

46 Qualities of an International Judge
International Judges Programme 6-Apr-17 Qualities of an International Judge What behaviour is expected? What personal abilities are needed? What personal character attributes are expected? We will consider these in more detail. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

47 Personal Attributes What personality is needed?
International Judges Programme 6-Apr-17 Personal Attributes What personality is needed? Integrity, honesty, fairness Objectivity Able to work within a team (jury) Respect for competitors Visible, approachable Good personal behaviour and appearance Aware of conflict of interest Can avoid perceived bias Can maintain confidentiality Reliable and punctual Able to see other points of view Diplomacy Aware of cultural differences Keeps good relationships with other race officials Able to make hard decisions Capable of handling pressure Able to commit to the entire event Willing to support ISAF policy DISCUSS EACH OF THESE AND GET AGREEMENT ON THEIR IMPORTANCE How do we (International Judges) test for this? Answer: Peer review. What are some examples? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

48 Personal Attributes What personality is needed?
6-Apr-17 Personal Abilities What skills are needed? Personal Attributes What personality is needed? Can a judge improve in these areas? What about in these? Excellent rules knowledge Jury experience English language proficiency Observation and listening skills Concentration Physical health Ability to run a protest hearing – procedures Reasoning abilities Find and write facts Class and measurement knowledge (at least one member) Race management knowledge Management skills Communication skills Racing experience (how boats move) Boat handling ability Integrity, honesty, fairness Objectivity Able to work within a team (jury) Respect for competitors Visible, approachable Good personal behaviour and appearance Aware of conflict of interest Can avoid perceived bias Can maintain confidentiality Reliable and punctual Able to see other points of view Diplomacy Aware of cultural differences Keeps good relationships with other race officials Able to make hard decisions Capable of handling pressure Able to commit to the entire event Willing to support ISAF policy PERSONAL ABILITIES CAN BE IMPROVED – Accepting the responsibility to become an International Judge means you are a constant student. PERSONAL ATTRIBUTES ARE MUCH MORE DIFFICULT TO CHANGE – Integrity, honesty, fairness, diplomacy, respect for others are what reputations are build upon. Mistakes are made by judges, and time is given to demonstrate the mistake is not a personal attribute that might cause ISAF concerns about recertifying someone. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

49 ISAF International Judges' Seminar
Break 15 Minutes 0413 ISAF International Judges' Seminar

50 Protest Committees including International Juries
6-Apr-17 Protest Committees including International Juries 0413 ISAF International Judges' Seminar (c) International Sailing Federation

51 Status of Protest Committees
6-Apr-17 Status of Protest Committees Protest committee Appointed by RC or OA Right of appeal International jury Appointed by OA or ISAF No appeal The rule book exclusively uses protest committee for all forms of protest committee. Under rule 91, Jury means only International Jury, but the term jury is commonly used when the judges have extra duties outside the protest room (example: National Jury). 0413 ISAF International Judges' Seminar (c) International Sailing Federation

52 ISAF International Judges' Seminar
6-Apr-17 Exceptions to Appeal Right of appeal may be denied if: Prompt results needed for qualification for later stage or event Approved by NA (restricted entrants) Approved by NA and ISAF for a particular event (2 IJ, 3 NJ) The rules do permit appeal denial in some special cases when there is no international jury. RRS 70.5 0413 ISAF International Judges' Seminar (c) International Sailing Federation

53 International Jury Composition
6-Apr-17 International Jury Composition Minimum of 5 members Minimum of 3 International Judges Maximum of 2 judges from one NA The panel chairman is responsible for verifying compliance. Large events can present problems. Why? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

54 International Jury Composition
6-Apr-17 International Jury Composition Some special provisions Panels (large juries) Illness and emergency Groups M, N, Q Choice of chairman NA approval? Special experience (type of racing, class of boats, rule 42 on-water judging) DISCUSS EACH MATTER What is an illness or emergency? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

55 International Jury Composition
6-Apr-17 International Jury Composition Nationality does not make a judge an interested party A jury remains properly constituted with 3 members (two must be IJs) if others should not participate When should a judge not participate? DISCUSS EACH 0413 ISAF International Judges' Seminar (c) International Sailing Federation

56 International Jury Responsibilities
6-Apr-17 International Jury Responsibilities Conduct hearings (protests, requests for redress, etc) Decide questions of eligibility, measurement and boat certificates Authorise substitutions Advise OA or RC on problems, when asked You must not get involved in the RC’s functions. Instructor to review rule N2. What does the term “eligibility” mean? Eligibility to enter this race – rarely ISAF eligibility, but may involve “ISAF classification” . Why does it say “when asked”? See rule N2.1. Be careful not to make decisions that will end up in a redress hearing. Given rule N2.1, can or should the jury act on matters of fairness on its own? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

57 International Jury Responsibilities
6-Apr-17 International Jury Responsibilities Further responsibilities, only if directed by OA: SI changes Supervise RC ? Other matters referred by OA Although we can be a valuable resource. The best PROs are not sitting the judge boats Rule N2.3 Supervising the RC is not a good idea. Why? What if an IJ wants to call up the RC and suggest it moves a mark or abandons the race? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

58 International Jury Decisions
6-Apr-17 International Jury Decisions A jury should try to reach unanimity, if possible If not, decision is by majority vote If no majority, chairman resolves ties DISCUSS EACH Explain ‘unanimity’. – Definition – Having the agreement of all. Consensus. Latin unanimus, from unus one + animus mind When do you give up on unaminity? When members begin to repeat themselves. Chair (or member) asks decenters if they would accept the majority decision. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

59 Appendix N Review Question
You have been asked by the yacht club’s regatta organizing committee and ISAF to be the vice chairman of an International Jury for an International Class World Championship to be held at a yacht club in your country. The class wants to use Appendix P – Immediate Penalties for Breaking Rule 42 - be used. The regatta committee has asked you to recommend individuals for the remaining positions on the Jury.

60 1. Since the regatta is in your country and you and the members of the organizing and race committee all speak the same language, you think it would be best if you were the chairman instead of someone from another country who does not speak your language. What should you do? Ans: Perceived as the honest senate No

61 2. How many people should you tell the organizing authority you need for the International Jury?
Ans: It depends Standard Jury 5 Judges – majority (3 IJs) 3 Ctys On-water judging 6 Judges in 3 judge boats 2 Panels of 3 persons – majority (2 IJs) 3 Ctys Total On-water 6 judges – 4 IJs – 3 Countries

62 3. The chairman of the Race Committee is also an International Judge (IJ) and has asked to be included on the jury. What should you say? N1.1 … It shall be independent of, and have no members from the race committee …

63 It is legal, …but not wise
4. The chairman of the yacht club’s regatta organizing committee is also an IJ and has asked to be included on the jury. What should you say? N1.1 … It shall be independent of, and have no members from the race committee … It is legal, …but not wise

64 It is legal, …but not wise
5. The president of the Class Association has asked to be included on the jury. What should you say? N1.1 … It shall be independent of, and have no members from the race committee … It is legal, …but not wise

65 6. What should be the composition of the jury be? IJ or NJ? Country
(A, B, C) Judge 1 (You) IJ A Judge 2 IJ B Judge 3 IJ C Judge 4 NJ A Judge 5 NJ B, or C / not A Judge 6 NJ A Judge 7 ? ?

66 7. Would your jury composition be different if you intended to divide it into two panels to hear protests faster? Ans: It depends

67 Appointment or approval of the International Jury …
8. Must ISAF approve the members of the International Jury? Ans: It depends ISAF Regulations … (www.sailing.org) Appointment or approval of the International Jury … ISAF shall exercise the right to appoint the International Jury … for the following events: … AMERICA’s Cup ISAF Events – Youth, Sailing, Women’s…World Championships World Championships of the Olympic Classes … Regional Games … ISAF World Sailing Rankings graded Events … World Championships of non-Olympic ISAF Classes when agreed between ISAF and class…

68 9. Must the Class Association approve the members of the International Jury?
Ans: It depends Class Championship Rules Real answer is that it is that ISAF, the class and the local organizing authority reach the final make-up of the jury.

69 10. One week before the regatta the company of a NJ tells her she must be at a special meeting during the entire week and cannot come to the regatta. What must be done for the jury to remain properly constituted? Ans: Find a replacement $ - Insure the Organizing Authority understand their responsibility

70 11. On the first day racing one of the IJs is involved in a car accident and must go home. What must be done for the jury to remain properly constituted? Ans: Must make an honest attempt to find a replacement $ - Insure the Organizing Authority understand their responsibility

71 12. On the last day of racing one of the IJs learns of a death in his family and he must leave before the protest hearings begin. What must be done for the jury to remain properly constituted? Ans: Find a replacement N1.5 When a full jury has fewer then 5 members, because of illness or emergency … if at least 3 members with 2 being IJs…

72 That is enough for now more later

73 ISAF International Judges' Seminar
Part 2 Rule Patterns 0413 ISAF International Judges' Seminar

74 Strategy Tactics Techniques
75% Pattern Recognition 25% Racing Rules Strategy – fastest way around the race course. Once a long distance keelboat race starts and the fleet spreads out, all the issues are about strategy – how to get to the finish line as quickly as possible. Techniques – Boat handling: roll tacking, jybing, shifting gears, etc. (Although all ten boats capsized in the 49er medal race, these ITA 49ers recovered from their picture perfect capsized and finished 4th in the medal race and tied with GER for the bronze medal with 66 points. Unfortunately GER, who also capsized, finished the medal race 2nd and won the tie. Tactics – Tactics are what happens when two or more boats meet on the race course. The boat with the best tactics comes out ahead. Tactics is 75% pattern recognition and the rest rules. Recognizing the pattern early, then knowing the rules to know how to position your boat to gain an advantage is the key.

75 So let’s with a blank sheet of paper. Carte Blanche

76 That explains Overtaking/Overtaken (rule 12)
and Windward/Leeward (rule 11) What about Starboard/Port? Leave white paper slide on screen as talk begins. More maneuverable has the responsible to keep clear of a boat that is less maneuverable. If A if faster than B (overtaking), which boat should have the responsibility to KEEP CLEAR?  [Keep discussion going until someone offers, “The boat that is faster. Because it is more maneuverable.” If A is to windward of B, which boat should have the responsibility to KEEP CLEAR?  [Allow the discussion to conclude that windward is more maneuverable and therefore should KEEP CLEAR.] To that (serious) question, we first have to answer the more general question …

77 Where did the racing rules come from?

78 DSQ English Civil War 1642 – 1649 Oliver Cromwell King Charles I
Oliver Cromwell for winning the 1642 – 1646 English Civil War The loser, King Charles I, was beheaded in 1649 and his sons, Charles and James were exiled in France and Holland.

79 Exiled in Holland and France
Bored, Charles had 14 illegitimate children and left no legitimate heirs. He also spent time sailing against James in a small (50 foot) Dutch sailboat used for hunting. That boat, a jachtschip, became a jaght and finally a yacht. Charles James 1649 – 1660 Exiled in Holland and France

80 Restoration of the Monarchy 1660
Hunting/chase = jagen (Old Low German) = jacht (Dutch) Boat = Jachtschip Sport = Yachting Restoration of the Monarchy 1660 In 1658 Cromwell died and eventually the Parliament restored the monarchy in Charles II was invited back to England. As a parting gift, and more likely to gain trading favor, the guilds of Amsterdam made a present of a Jachtschip, the MARY. Charles II returned to London and continued racing during this twenty-five year reign. Soon sixteen boats were built for the members of Charles’ court establishing yachting as a sport of Kings. MARY

81 What rules did the brothers use?
When they were Yacht Racing, what rules did they use? Rule 1 – The King has right-of-way. Rules 2 through whatever – The rules used by the commercial sailing ships. Charles James What rules did the brothers use? To answer that we have to go further back.

82 Roman Emperor Honorius
410 AD Roman Emperor Honorius Ho – nor – ri - ous Alaric the Visigoth In 410 Britain was part of a crumbling Roman Empire. She was being attacked by Viking raiders and turned to Rome for help. So they appealed to Rome for help. However the Roman Emperor Honorius had his own problems. He was under attack by Alaric the Visigoth. He promptly wrote back, “You’re on your own. Good luck.” Britain then cut their loses and tried to make an arrangement with the Vikings. Those Viking tribes that they could find that were friendly, they invited to Britain and live along its Eastern coast. Those Vikings that still wanted to plunder and carry off women, more or less had they way. The result was that Viking ships controlled shipping in the North Sea for the next two hundred years - not Mediterranean ships – and Viking Rules of the Road became the standard.

83 The Vikings, and their boats – and rules, dominated Northern Europe shipping
And these Viking ships were double-ended and had one rudder fixed to the right hand of the boat.

84 LadebordeLarboard Port Stoerborde Starboard
In Old Norse and Old English “borde” (bôrd) means “side”. Looking forward, the right borde was the stoer, (sto-yer) or steering, side which eventually became the starboard. The left side was the side next to the pier where the cargo was brought on board (lade on). Lade has also evolved into modern words like labour, laden and larder. Because of the easy misunderstanding between larboard and starboard (Duh), larboard was officially changed to port in the Royal Navy in 1844.

85 Starboard Tack Port Tack
However, to go back to the question, why does port tack have right-of-way over starboard, Starboard Tack Port Tack

86

87 Although there are 150 pages in the rules book, the racing rules that count are rules 10 through 23 (four pages) and the two pages of definitions. This is how what the pattern looks like.

88 KEEP CLEAR LIMITATIONS
Give Room 14 13 15 16 10 12 11 17 18 give mark-room Def: Overlapped 18.2(e) 18.2(d) 18.2(b) 18.4 18.2(c) 21 “We are / are not overlapped!” “Wait until the zone.” I do / do not have room to give mark-room. I did everything possible to give room “I am / You are at the zone, “Mark Room / No Mark Room” “I doubt it / No doubt” Outside / clear astern gives mark-room (Forever–unless outside tacks or leaves the zone) Taking mark room you deserve means not having to say “you’re sorry” for breaking 10, 11, 12, 13, 15, or 16. Inside r-o-w must gybe if that’s her proper course. 19 22 23 24 22-Shall Restarting Doing penalty Sailing backwards 23-If possible Capsized Anchored Aground 24-If reasonably possible Boat not racing Doing a penalty Another leg In most discussions about tactics people first talk about identifying the right-of-way boat. THAT IS MISTAKE. First figure out (read the rule), who is the KEEP CLEAR boat. 20 21 “You’re Excused” Exoneration

89 give mark-room Def: Overlapped 18.2(e) 18.2(d) 18.2(b) 18.4 18.2(c) 21 “We are / are not overlapped!” “Wait until the zone.” I do / do not have room to give mark-room. I did everything possible to give room “I am / You are at the zone, “Mark Room / No Mark Room” “I doubt it / No doubt” Outside / clear astern gives mark-room (Forever–unless outside tacks or leaves the zone) Taking mark room you deserve means not having to say “you’re sorry” for breaking 10, 11, 12, 13, 15, or 16. Inside r-o-w must gybe if that’s her proper course. 19 18 In most discussions about tactics people first talk about identifying the right-of-way boat. THAT IS MISTAKE. First figure out (read the rule), who is the KEEP CLEAR boat.

90 give mark-room … room to sail her proper course to the mark , and
Def: Overlapped 18.2(e) 18.2(d) 18.2(b) 18.4 18.2(c) 21 “We are / are not overlapped!” I did everything possible to give room Outside / clear astern gives mark-room (Forever–unless outside tacks or leaves the zone) Taking mark room you deserve means not having to say “you’re sorry” for breaking 10, 11, 12, 13, 15, or 16. Inside r-o-w must gybe at or before her proper course. I am / You are at the zone – Overlap? Doubt / No doubt … room to sail her proper course to the mark , and room to round the mark as necessary … 18

91 19 give room … the space necessary in existing conditions … to comply with her obligations … while manoeuvering promptly in a seamanlike way 19.2(a) 19.2 (b)1 19.2 (b)2 19.2 (c)1 19.2 (c)2 19.2 (c)3 19.2 (c)4 21 R-O-W boat chooses which side to pass Outside boat gives inside boat room (Unless she cannot) If clear astern & R-O-W  R-O-W limits apply  KC boat keeps clear Exonerated for breaking 10, 11, 12, 13, 15, or 16. If clear astern & R-O-W gains an inside overlap If clear astern & KC & there is room to pass  KC keep clear and entitled to room If clear astern & KC & there is no room to pass  KC not entitled to room continuing obstruction

92 ISAF International Judges' Seminar
100 Questions & Answers Lunch 0413 ISAF International Judges' Seminar

93 ISAF International Judges' Seminar
6-Apr-17 Practice Test This is a short test to give you an example of how the final test will be given. This is just a practice and we will not mark you on this test. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

94 ISAF International Judges' Seminar
6-Apr-17 Practice Test Rule book only – no other documents. Name and date on all answer sheets. Circle the letter of correct answer – MAY be more than one correct answer. Each answer is worth one point (+ or -). SIs and Class Rules do NOT change RRS, UNLESS a change is stated in the question. Wind always blows from the top of the page. These are the same instructions you will receive for the main test. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

95 ISAF International Judges' Seminar
6-Apr-17 Practice Test Make notes only on the question papers (circle the answer there also). You may refer ONLY to the ISAF Racing Rules for Sailing (in any language). The exam is in three parts A, B and C. You have 20 minutes (use 5 min for A + B). Please write your finishing time. The starting time is ………. You may make notes only on the question papers not on any other paper. You should also circle the answer on the question paper during the real test for the debrief. You may refer to the ISAF Racing Rules for Sailing (in any language). The exam is in three parts – Part A involves the rules of Part 2, Part B tests your knowledge of procedures and proper decisions of an International Jury, Part C tests your ability to write a protest decision. You have 20 minutes to complete this practice test (5 minutes for A + B) but 2 hours for the real test on Sunday. Please write your own finishing time. The starting time is ………. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

96 ISAF International Judges' Seminar
6-Apr-17 20 Minutes 0413 ISAF International Judges' Seminar (c) International Sailing Federation

97 ISAF International Judges' Seminar
6-Apr-17 Practice Test – PA1 (a) BLUE broke rule 18.2(b). (b) Red broke 18.2(b) which compelled BLUE to break rule 18.2(b). (c) BLUE broke rule 11. (d) Yellow broke rule 14 but is exonerated, because Blue compelled her to do so when she broke rule 18.2(b). (e) YELLOW broke rule 14 but is not penalized. (f) BLUE broke 14. ANSWERS TO PA-1 (a) [+1] (b) [-1] There may be some discussion that RED did not give room, but RED did not prevent BLUE from sailing lower and further from the mark. (c) [-1] Rule 11 speaks to the windward boat. BLUE was the leeward boat. YELLOW broke rule 11. (d) [-1] It is difficult to think of a situation where any boat is “compelled” to break rule 14. The question asks “which of the following protest committee statements in the decision would be correct?” This answer is “YELLOW broke rule 14 but is exonerated, because BLUE compelled her to do so when she broke rule 18.2(a).” The exoneration part of this answer makes this statement wrong, not necessarily the first part. (e) [+1] In this case, YELLOW could have avoided contact at position 2 when it was quite likely that contact would occur if she gybed. That is when she could have avoided contact. She will not be penalized for breaking rule 14 because she is entitled to room and there was no damage. (f) [+1] If BLUE had complied with her obligation under rule 18.2(a) there never would have been contact. BLUE could have avoided contact at position 2 by bearing away. In the discussion, listen for an argument that BLUE did “nothing” to avoid contact - an obligation that many judges think is part of rule 14. There is no obligation on a boat to “try” to avoid contact if contact is inevitable. Exonerated March 2014 ISAF International Judges' Seminar (c) International Sailing Federation

98 ISAF International Judges' Seminar
6-Apr-17 Practice Test – PB1 PB-1 (a) – Rule 44.1 (b) – A boat did not break a rule (c) – Rule 44.1 (d) – Rule G4 (e) – Rule 64.1 (f) – Rule 64.3(a) ANSWERS TO PB-1 (a) [-1] No rule requires a boat to wait to take a penalty. Rule 44.1 specifically permits a boat to take her penalty if the breach of the rule occurred while the boat was racing. (b) [-1] See rule This is the rule that gives us the authority to penalize a boat. (c) [+1] The boat broke rule 44.1 by not retiring. In addition, the scoring penalty is not available to her. This is a good time to reinforce the concept of not reading anything into the question, especially assuming something in the SIs or Class Rules. (d) [+1] See rule G4. (e) [-1] There is no warning available unless the sailing instructions so state. Rule 64.1(a). (f) [+1] This could be a proper decision of the protest committee. See rule 64.3(a). To get here, the PC must have concluded that the wear did not improve the performance. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

99 ISAF International Judges' Seminar
6-Apr-17 Practice Test – PC1 FACTS Blue, Yellow and Green are J/24 sailing in 8 knots to a leeward mark to be passed to port. Blue, Yellow, Green overlapped at zone. Blue on the inside, Yellow in the middle and Green on the outside. Green passed within one BL of the mark. Yellow passed between Green and the mark. Blue sail the wrong side of of the mark and touched the mark. Blue took a one-turn penalty. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

100 ISAF International Judges' Seminar
6-Apr-17 Practice Test – PC1 CONCLUSIONS and RULES that apply Blue was entitled to mark-room from Yellow and Yellow was entitled to mark room from Green rule 18.2(b). Yellow did not give mark-room to Blue because Green did not give enough mark-room to Yellow and Blue. Rule 18.2(b). Blue broke rule 31. Yellow was compelled to break 18.2(b) by Green. CONCLUSIONS: Blue was entitled to room to round the mark. Yellow did not give Blue room. Green did not give room sufficient room for Blue and Yellow to round inside her. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

101 ISAF International Judges' Seminar
6-Apr-17 Practice Test – PC1 DECISION: As Yellow was compelled to break rule 18.2(b) by Green’s breach she is exonerated under rule 21. Blue is not penalised for breaking rule 31, as she took a penalty in accordance with rule 44.1. Green is disqualified rule 18.2(b). Blue request for redress is denied under rule 62.1(b). Rule 64.1(a) DECISION: Yellow broke rule 18.2(a) with respect to Blue but was compelled to do so by Green’s breach of rule 18.2(a). Yellow is exonerated under rule 64.1(a). Blue broke rule 31.1, but took a penalty in accordance with rule 31.2. Green broke rule 18.2(a). As for redress, Blue is not entitled to it. Why? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

102 ISAF International Judges' Seminar
6-Apr-17 Practice Test – PC1 DECISION: As Yellow was compelled to break rule 18.2(b) by Green’s breach she is exonerated under rule 21. Blue is not penalised for breaking rule 31, as she took a penalty in accordance with rule 44.1. Blue was compelled to touch the mark by Yellow’s breach of a rule and is exonerated under rule 64.1(a) Green is disqualified rule 18.2(b). Blue request for redress is denied under rule 62.1(b). Rule 64.1(a) DECISION: Yellow broke rule 18.2(a) with respect to Blue but was compelled to do so by Green’s breach of rule 18.2(a). Yellow is exonerated under rule 64.1(a). Blue broke rule 31.1, but took a penalty in accordance with rule 31.2. Green broke rule 18.2(a). As for redress, Blue is not entitled to it. Why? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

103 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

104 ISAF International Judges' Seminar
6-Apr-17 The Event 0413 ISAF International Judges' Seminar (c) International Sailing Federation

105 Pre-event Responsibilities of the Chairman
6-Apr-17 Pre-event Responsibilities of the Chairman IJ Manual Section G – The Event Liaise with OA on logistics Housing Transportation Expenses Jury arrival dates and arrangements Jury facilities (ashore and on-water) Initial meeting arrangements Review all documents <<Ive reversed slide 41 & 42. A new IJ should expect to receive this basic information from the chairman (maybe delegated to the local judge the OA has asked to take-on the organization of the jury (this could be a new IJ)). DISCUSS ALL THESE !!<< I’ve changed the order within the slide. The Chr should guide the OA through the needs of the Jury (the sooner the better). Who recruits the jury. On water expectations, jury boat requirements, IJ, NJ, Nationality requirements for non-appealable status. Travel costs, visa requirements and costs, expectations of both the OA and individual judges, housing, double or single accommodations, supplied clothing, sponsors, accompanying spouses. After (while) that information is distributed, have the NoR and SIs reviewed by as many of the jury members as possible. Their comments should come back to the OA through only one person (Chr or someone delegated) >>!! 0413 ISAF International Judges' Seminar (c) International Sailing Federation

106 Pre-event Responsibilities of All Judges
6-Apr-17 Pre-event Responsibilities of All Judges Before accepting a jury appointment: Ensure you have no conflict of interest Ensure you can commit for the entire time Understand travel cost expectations. After accepting a jury appointment: Expect to obtain and review NoR, SIs, class rules etc Include travel costs from home to airport You have received an invitation as an IJ at an event. What should you consider? You need to understand what your travel responsibilities are, what mode of travel is expected. Who pays for what? Review SIs, etc. if asked by chair. There is time to make changes to the SIs if the review is done during the draft SIs. Review Class rules on your own. Confirm clothing – dress requirements, on-water expectations, PFDs? You may want to take your own PFD. Should you bring your handheld VHF radio? Do you need to bring a small boat driver’s license? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

107 ISAF International Judges' Seminar
6-Apr-17 First Jury Meeting Review sailing instructions Consider essential changes only Delegation of duties Logistics All other matters as listed in Section H of the Manual Jury Chairman's responsibility. What do you do if the chairman doesn’t do this? GET CLASS INPUT ON EACH, THEN OPEN UP AND DISCUSS MANUAL APPENDIX 3 What do you do if the chairman doesn’t do this? BP-Have a list of questions and ask the chairman for help. If he or she doesn’t know, offer to find out and report back. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

108 ISAF International Judges' Seminar
6-Apr-17 First Jury Meeting Decide when jury should take action – consider: Rule 42, Propulsion Serious damage and no protest Fair sailing Touching mark Not sailing the course Incomplete penalty Misconduct FAST - Jury Chairman's responsibility. GET CLASS DISCUSSION ON THESE Misconduct – This must be a jury initiated action, a single judge should not act alone. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

109 ISAF International Judges' Seminar
6-Apr-17 First Jury Meeting Decide when jury should NOT take action – consider: Part 2 incidents with other boats around (unless serious damage) FAST - Jury Chairman's responsibility. In general, this is a self policing sport and the jury should let boats protest other boats. Discuss questions from competitors. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

110 ISAF International Judges' Seminar
6-Apr-17 Meeting with RC and OA Jury authority and role All those matters as listed in Section H of the Manual Confirm that Jury and RC communications will be between Jury Chairman and PRO only FAST - Jury Chairman's responsibility. OPEN UP AND DISCUSS MANUAL APPENDIX 4 The chairman should represent the jury. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

111 Competitors’ Briefing
6-Apr-17 Competitors’ Briefing Input from the Jury Chairman Jury introduction Jury is there to provide a service Briefing on judging rule 42 Rules questions in writing Refer competitors to notices Location of notice board, jury room, office, etc FAST - Jury Chairman's responsibility. DISCUSS EACH MATTER 0413 ISAF International Judges' Seminar (c) International Sailing Federation

112 Competitors and Coaches
6-Apr-17 Competitors and Coaches 0413 ISAF International Judges' Seminar (c) International Sailing Federation

113 Dealing with Competitors
6-Apr-17 Dealing with Competitors Interaction depends on level of the event and age of competitors In all cases, friendliness, fairness and impartiality (this includes giving the right appearance) With young and inexperienced competitors: Show care and understanding Be willing to answer questions Be willing to explain decisions Don’t be reluctant to talk to competitors, but don’t be seen to be favoring any persons or group nationality or gender in particular. FAST - Respect 0413 ISAF International Judges' Seminar (c) International Sailing Federation

114 Difficult Competitors
6-Apr-17 Difficult Competitors Be patient but firm Avoid arguments Get questions in writing. Do not act alone. For contested decisions Avoid personal confrontations. Explain it is the role of the Jury to find facts and make the decisions, and the Jury agreed its decision. FAST It is important to not interact without another judge when the situation becomes difficult. There may be a need for a certain amount of distance (time) between the decision and the explanation of the decision. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

115 Coaches, Team Leaders, Support Crew
6-Apr-17 Coaches, Team Leaders, Support Crew Coaches are experienced sailors and serve competitors, so deserve respect Encourage meetings with coaches Support boats provide additional safety Restricted areas should be well defined in sailing instructions FAST DISCUSS EACH MATTER Rules governing boats and restricted areas must be rational and enforceable. 200 meters is not rational! The enforcement should be consistent from race to race. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

116 Protests Involving Coaches
6-Apr-17 Protests Involving Coaches Coaches have no status in the rules Not competitors Not officials Cannot be protested, no longer subject to a rule 69 action For a coach breaking rules Some SIs provide a penalty applied to a competitor BUT?? Can the jury protest a coach? Why not? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

117 ISAF International Judges' Seminar
6-Apr-17 Media Media role is important to the sport Nominate one Jury member as contact (chairman?) Communicate hearing results to media centre Explain decisions to the media Attend press briefings FAST DISCUSS EACH MATTER 0413 ISAF International Judges' Seminar (c) International Sailing Federation

118 ISAF International Judges' Seminar
6-Apr-17 On the Water Jury boat visibility If observing an incident Record the boats involved, description of the incident, leg, time, race number. Follow-up Notify chairman of observed incidents Discuss incident only in the hearing A judge may be a witness FAST It can be of value if the jury boat is seen on the water, even if the jury will not be initiating protests. (The competitors may not be aware of this.) If a competitor asks “Did you see that incident?” the judge should say “yes”, but it is not appropriate for the judge that will decide the protest to discuss what he saw with any party prior to the hearing. Why? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

119 ISAF International Judges' Seminar
Break 15 Minutes 0413 ISAF International Judges' Seminar

120 Decision Writing Exercise 1
0413 ISAF International Judges' Seminar

121 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

122 Judging Rule 42, Propulsion
6-Apr-17 Judging Rule 42, Propulsion 0413 ISAF International Judges' Seminar (c) International Sailing Federation

123 ISAF International Judges' Seminar
6-Apr-17 0413 ISAF International Judges' Seminar (c) International Sailing Federation

124 ISAF International Judges' Seminar
6-Apr-17 Rule 42 Enforcement Only is the SIs state Appendix P applies Immediate on-water penalty by judges using yellow flag Can a boat protest a boat for breaking rule 42 when Appendix P applies? Appendix P will be discussed shortly. Can a boat protest another boat for breaking rule 42 when Appendix P applies? If time, could discuss Question 6 from “20 questions”. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

125 ISAF International Judges' Seminar
6-Apr-17 Rule 42 Using Appendix P Positioning of judge boats Good understanding of rule 42 is essential (and any class rule changes) Best if two judges agree the rule is broken Apply same criteria to 1st, 2nd and 3rd breach Signaling delays may occur due to the need to get closer to a boat. DISCUSS EACH MATTER Be aware that SIs may have made changes to Appendix P. Resist considering on-water judging as a “fishing competition” where one tries to “catch the most”. Seeing the rule being broken is not something for one to be proud of. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

126 ISAF International Judges' Seminar
6-Apr-17 Rule 42 Using Appendix P Hold up flag, blow whistle, point flag and hail sail number Watch boat taking the penalty Record: race, leg, position, action, penalty taken Report all to the Jury Be prepared to answer competitor queries after racing Signals must be clear. Keeping a record is essential. If necessary, after racing seek out a competitor who may wish for an explanation. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

127 ISAF International Judges' Seminar
6-Apr-17 Rule Basic Use only wind and water for speed May trim sails and hull May perform other acts of seamanship Shall not otherwise move body to propel boat Pass out Rule 42 Interpretations. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

128 ISAF International Judges' Seminar
6-Apr-17 Rule Prohibited Pumping: repeated fanning of a sail by trimming and releasing by body movement Rocking: repeated rolling by adjustment of sails or centreboard not for steering by steering Ooching: forward body movement, sudden stop Sculling: repeated helm movement not steering Repeated tacks or gybes not for wind or tactics With the exception of ooching, rule 42.2 deals with repeated actions. What is meant by “repeated” in each rule? Some classes have special rule 42 rules, and at a multi-class regatta judges need to be on their guard. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

129 ISAF International Judges' Seminar
6-Apr-17 Rule Allowed Roll tacking and gybing But no speed increase Rolling for steering One pump to initiate surfing or planing Conditions must exist Not on beat to windward Sculling to turn back to close-hauled Use helm to reduce speed To give help in danger To get clear after grounding or collision Review relevant Rule 42 Interpretations. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

130 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

131 ISAF International Judges' Seminar
6-Apr-17 The Protest Hearing 0413 ISAF International Judges' Seminar (c) International Sailing Federation

132 ISAF International Judges' Seminar
6-Apr-17 0413 ISAF International Judges' Seminar (c) International Sailing Federation

133 ISAF International Judges' Seminar
6-Apr-17 Administration Notice board Jury room facilities Protest forms Receiving protests Photocopying Jury secretary duties Posting schedule and decisions The jury chairman should attend to these matters upon arrival at the event. If there is to a jury secretary, the chairman should meet with the secretary and explain the duties. If there is not to be a jury secretary, jury members will need to be delegated to handle various duties. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

134 ISAF International Judges' Seminar
6-Apr-17 Hearing Preparation Organization of tables and chairs Temperature, lighting, noise level Not able to be overheard Appropriate dress code Read the protest (but don’t be influenced by what is written !!) Was a penalty taken? Concurrent hearings What rule requires that the proceedings not be overheard? Take care that you do not accept what is written as ‘fact’ and commence the hearing with a pre-judged decision. This may be only one version of the incident which may later be found to be inaccurate. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

135 ISAF International Judges' Seminar
6-Apr-17 Who can protest ? Boat vs. boat (rule 60.1) Race committee vs. boat (rule 60.2) Protest committee vs. boat Under rule 60.3(a) Under rule rule 60.3(a)(1) – serious damage or injury Under 60.3(a)(2) – during a protest hearing The RC and PC may not protest a boat based on information contained in an invalid protest or found in a request for redress. HOWEVER, the PC may protest a boat from information from any source if the incident may have resulted in injury or serious damage. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

136 Request to Withdraw Protest
6-Apr-17 Request to Withdraw Protest Not automatic, PC must approve Find out reason reason Allow withdrawal unless suspicion of foul play Record approval on protest form and get signature Usually a delegate of the PC. If doubt whole panel decides What are the reasons you would allow the protest to be withdrawn? Discuss when to allow and when to withdraw: Yes: Clearly invalid, arbitration is used successfully, protestor decides no rule was broken, either party took a penalty (including retiring) for the incident. No: When there was contact other than incidental, when significant advantage may have been gained, when there is another protest pending for the same incident, when pressure may been applied to the protestor. What sort of pressure might have been applied? Prize giving (time pressures), intimidation, gunpoint! 0413 ISAF International Judges' Seminar (c) International Sailing Federation

137 ISAF International Judges' Seminar
6-Apr-17 Attending the Hearing Only one representative from each party If Parts 2, 3 or 4 : Must have been on board unless PC agrees otherwise. Ensure representative is authorised by skipper or owner. Witnesses Present only while giving evidence. Where in the rules does it restrict the party (boat or committee) to “one individual” representing the party? There is no explicit restriction, but it is implied in rule M2 and in rule 63.3(a) in the phrase “. . . or a representative of each . . .” Can someone that was not on board the boat represent the boat in a Part 2 protest? Yes, if there is good reason to do so. What would be a good reason? Illness, injury, Any other reason? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

138 ISAF International Judges' Seminar
6-Apr-17 Absent Parties Try to locate an absent party If one party elects not to attend Protest should proceed If a party is unable to attend PC may consider re-scheduling if good reason If neither party attends PC may dismiss the protest PC may proceed using the form as evidence PC could later decide to reopen DISCUSS EACH MATTER Rule 63.3(b) uses “unavoidable”. What may be ‘unavoidable’? e.g. inadequate posting. If a party is not in attendance, the PC can still call witnesses who may be able to help. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

139 ISAF International Judges' Seminar
6-Apr-17 Observers Generally encourage PC members must be comfortable Disallow if a party has a good reason to object A witness cannot be an observer Observers must leave during PC discussions Silent, no recording devices or mobile phones, sit at back, may not leave, etc. See Section K.7, also 4.7 and D.7 of the Manual Why encourage? Why can’t a witness be an observer? Examples of observers: club members, other sailors, parents, coaches, press, but no one that might be a witness. Refer to Appendix 8 of the Manual. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

140 ISAF International Judges' Seminar
6-Apr-17 Protest Procedure Introductions Interested party Translators Validity Protestor’s story Protestee understands? Protestee’s story Protestor understands? Protestor’s questions Protestee’s questions Protestor’s witness’ evidence Questions to the witness (protestee asks first) Protestee’s witness’ evidence Questions to the witness (protestor asks first) PC questions Final statements (protestor first) Facts, conclusions and rules that apply, decision Inform parties of decision This is not in full agreement with Appendix M. In particular, the second bullet of M3.2. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

141 Introductions and Interested Party
6-Apr-17 Introductions and Interested Party Introductions If needed and if time Objections by a party May believe a PC member is an interested party PC may overrule the objection An interested party Cannot take part in the hearing Can be a witness Introductions can use up time if there is a heavy list of hearings. The judges should have already been introduced to all competitors at the initial briefing. But it would never be wrong to introduce each member of the panel, and mention his or her certification level and nationality. A visible place card on the table in front of each judge can save introductions e.g. “JOHN SMITH IJ FRA”. How do you make the introductions? Ask the parties if they object to any judge on the grounds that they are an interested party. How important is it for judges to reveal interests or relationships that do not rise to the level of interested party? Can you give me an example of such an interest or relationship? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

142 ISAF International Judges' Seminar
6-Apr-17 Translators Are to translate only, not give rule advice Tell them so A coach may translate but an independent translator is preferable A PC member may translate but this is not preferred A PC member may be able to monitor the translator If a party has weak English but no translator, let them know if there is a judge who understands the language and can assist if needed. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

143 ISAF International Judges' Seminar
6-Apr-17 Validity Inform protestee Hail (unless distance too great) Flag (not required if under 6 m) No hail or flag if obvious damage [rule 61.1(a)(4)] If no hail, other boat must be informed Protest Must be in writing Must identify the incident and protestee Other details may be corrected or added Must be timely, usually Protest Time Limit Time limit shall be extended if good reason What is the test? Other requirements may apply to validity. What are some examples, and why are they needed? Notify RC at finish [not in the RRS any more – SIs may invoke this requirement] , special protest forms. Others? Injury or serious damage. See rule 60.3(a)(1). Note that this is part of validity per rule 63.5. Rule 61.1(a)(3) permits a protest without hail or flag (if obvious) – protestor still needs to inform the protestee. The jury will need to decide whether the damage or injury was obvious the boats involved. Check the class rules – Opti Class requires a protest flag. How is this accomplished? Via Sailing Instructions. What rule requires the protest committee to extend the protest time limit? Rule Note the word “shall” in the rule. The PC first decides the reason and if there is good reason, it has no option but to extend. What is the test? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

144 ISAF International Judges' Seminar
6-Apr-17 Deciding Validity Excuse parties if PC needs to deliberate If valid, hearing will continue If invalid, hearing is closed What rule? Rule 63.5. Reminder: If parties are excused during a hearing (an adjournment) then they must not discuss matters with anyone outside the room. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

145 Chairman’s Management
6-Apr-17 Chairman’s Management Control inappropriate behaviour Allow only one person to speak at a time Remain polite but firm Discourage leading questions Keep the hearing to the point (the ‘facts’) What is a “leading” question? Ask for examples. Does anyone have an example of a hearing that was difficult for the chairman to manage? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

146 ISAF International Judges' Seminar
6-Apr-17 Witnesses Exclude except when giving evidence A party has the right to call any witnesses A party may question any witness PC may call witnesses A PC member may be a witness An interested party may be a witness Techniques to reduce excessive time and number DISCUSS EACH MATTER Then cover “Techniques” Chairman’s protest management methods. Agree to accept a fact if witness is the Nth to testify on that fact. Who questions first? Keep witnesses to questions and answers – don’t start by saying “Tell us what happened” unless the jury needs to hear the full story (again?) Ask a party “Have you a witness who will tell us anything different?” Make it clear when the jury believes it has heard enough, but say “Of course you are able to call further witnesses if you feel it is really necessary.” 0413 ISAF International Judges' Seminar (c) International Sailing Federation

147 PC Questioning Techniques
6-Apr-17 PC Questioning Techniques PC questions as late as possible Avoid leading questions Ask only questions which help find the facts Avoid asking unnecessary questions 0413 ISAF International Judges' Seminar (c) International Sailing Federation

148 Principles of PC Questioning
6-Apr-17 Principles of PC Questioning What rules might apply to this incident? What are the boats’ obligations under these rules? What facts are needed to determine whether boats met these obligations? What question will help establish those facts? Ultimately you need to gather facts – evidence that will lead to facts relevant to the rules that apply. As the parties and witnesses give evidence, write down the rules that apply in this situation – that are “on the table.” For each rule, there are obligations associated with each boat. What are those obligations? PUT THIS EXAMPLE TO THE CLASS If you have been told that two boats were approaching the windward mark overlapped on starboard tack, with Cobalt to windward and Sweetspot to leeward and one half boat length ahead, and Sweetspot was sailing approximately one boat length below the starboard tack layline, and when Sweetspot was one and a half boat lengths from the mark she luffed to pass the mark, and Cobalt luffed but contact occurred amidships. THEN What rules apply? What are the obligations on each boat? What facts do you need to establish whether those obligations were met? What questions do you need to ask to get those facts? Don’t ask questions which are not going to give you a physical fact as an answer. Not “What rights did you think you had?” or “What rule do you believe applied?” or “Don’t you know you are not allowed to do that?” 0413 ISAF International Judges' Seminar (c) International Sailing Federation

149 ISAF International Judges' Seminar
6-Apr-17 Evidence Weigh all evidence with equal care Don’t be influenced by strong or confident personalities Control expressions, facial and verbal Be aware of the parties’ body language Varying evidence does not necessarily mean that someone is lying Listen carefully and take notes Listen carefully to all evidence, no matter who presents it or how it is presented. Put on your poker face. It is best not to reveal what you are thinking before all evidence has been given. THE NEXT SLIDE IS TO BE SHOWN FOR 2 SECONDS ONLY YOU MAY DISPLAY IT AGAIN AFTER THE CLASS HAS ANSWERED “WHAT DID YOU SEE?” 0413 ISAF International Judges' Seminar (c) International Sailing Federation

150 ISAF International Judges' Seminar
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151 ISAF International Judges' Seminar
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152 ISAF International Judges' Seminar
6-Apr-17 Show this slide for no more than two seconds. Who saw a rabbit? Who saw a bird? Explain that may be all the time there was to see an incident. Those who saw a rabbit were not lying and those who saw a bird were not lying. What people see quickly or recollect may differ from one person to another. Don’t assume someone is lying. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

153 ISAF International Judges' Seminar
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154 ISAF International Judges' Seminar
6-Apr-17 Evidence Hearsay is not evidence Photographs (may be valuable but take care) Videotapes (procedures are in K.14 of the IJ Manual) Written evidence by absent author Accept only if all parties agree (because witness cannot be questioned) Hearsay That which one hears or has heard someone say. Gossip. Protestor: “My bowman said that the inside boat hit the mark!” Judge: “Did you see the inside boat hit the mark?” Protestor: “No but my bowman had a good view and he said he is certain the boat hit the mark.” It is often difficult to assess the value of photographs and video without knowing how it was taken. From where? Moving or stationary? The camera operator needs to be present. Frequently that evidence is limited at best Refer to K14 in the Manual which discusses photographic and video recording evidence. Written evidence Written evidence from an expert witness or a witness or a party that cannot attend a hearing may be accepted, but only be accepted if all the parties agree to its inclusion. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

155 ISAF International Judges' Seminar
6-Apr-17 Final Statements Discourage the evidence being repeated. The chairman may say: “If you wish to do so, you may now make a final statement, particularly on any rule or interpretation you would like us to consider. There is no need to repeat your story.” The chairman, like a judge in court, may want to instruct the parties. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

156 ISAF International Judges' Seminar
6-Apr-17 Deliberations Ask parties and observers to leave Don’t laugh or joke when the room is clear! Ask less experienced judges first, but vary the order from hearing to hearing Record easily agreed facts, in order Apply the relevant rules to the facts Identify missing facts Discuss and agree controversial issues For simple protests, where the same conclusion is apparent to all, time can be saved if the chairman asks for each judges decision. Writing the facts and conclusion will go very quickly. For difficult protests, the chairman starts by asking each jury member for an overview. Address the differences. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

157 Resolving Controversial Issues
6-Apr-17 Resolving Controversial Issues Try to get unanimity among PC Listen to dissenter’s point of view Discuss conflicting evidence Back up to last point of certainty Establish most likely scenario Can recall parties for missing information Last resort only: take a vote When a majority is in general agreement, give the minority the chance to state the minority position. List the points of disagreement. Then follow these steps: Back up to a point of agreement. Write down all (conflicting) evidence. Establish the most likely scenario with the applicable facts. Try to get agreement. The need to take a vote is rare, should be a last resort. The chairman has a casting vote (an extra vote to break a tie). When a casting vote is needed to decide a case it indicates that more discussion may be needed. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

158 ISAF International Judges' Seminar
6-Apr-17 Contact If there was there contact: Did any boat break rule 14? If yes, does any penalty apply? If there is contact between boats, rule 14 automatically applies. In every case of contact, one of the boats has broken a rule other than rule 14. Decide the rest of the decision before you decide whether one or both boats broke rule 14. Decide first, for each boat, whether it was reasonably possible to avoid contact. If contact was inevitable, rule 14 does not apply to that boat– no matter what the boat did. Right-of-way boats, and give-way boats entitled to room, are only penalized if the contact causes damage or injury. It is still damage or injury even if it happened to the right-of-way boat. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

159 ISAF International Judges' Seminar
6-Apr-17 Facts and Conclusions Case 104 tells us: A ‘fact’ is an action or condition that a protest committee ‘finds’ occurred or existed. A ‘conclusion’ is derived by reasoning from something else. A conclusion can be factual, for example, if the facts are that there were three classes in a race and five boats in each class, it is both a conclusion and a fact that there were 15 boats in the race. A conclusion can also be partially non-factual. An example is the statement ‘Boat A displayed her flag at the first reasonable opportunity after the incident’, which is based on a combination of the facts about the incident and an interpretation of the phrase ‘first reasonable opportunity’ in rule 61.1(a).” Pass out “Facts and Conclusions” exercise. Give time for all to mark their answers, then discuss. When discussing the answers, the first time a combined fact/conclusion is suggested, go to Case 104. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

160 ISAF International Judges' Seminar
6-Apr-17 Writing the Facts Appoint the ‘scribe’ (chairman or other) Include all relevant facts BUT exclude irrelevant facts Remember if you are missing an important fact, you can recall parties. Don’t include a fact if it has no bearing on the conclusions. For example, if it is a rule 18.3 matter and the key fact is that the boat completed a tack in the three-length zone, stating that the boats were double-handed dinghies or the wind strength was 10 knots is irrelevant. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

161 ISAF International Judges' Seminar
6-Apr-17 Writing Conclusions Decide which rules apply, then . . . Record conclusions Record which boats broke which rules and why (use the language in the rules) At this time, turn to the Facts and Conclusions hand out. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

162 ISAF International Judges' Seminar
6-Apr-17 Decision No rule broken – Protest Dismissed Boat(s) broke one or more rules – DSQ Exceptions: Exoneration Rule 64.1(a): when compelled to break a rule. Rule 14(b): R-O-W Exonerated if no damage or injury Rule 21: within room or mark-room that isn’t given Other penalties may be in SIs Rule 36 – Races restarted or resailed Boat not racing – Not Penalized (Preamble Part 2) In order to exonerate a boat, she must have been compelled to break the rule. Rule 28.1 requires a boat to leave each mark on the required side. BLUE on port, collides with YELLOW on starboard, forcing YELLOW to the wrong side of the mark and YELLOW sails on. YELLOW could not be exonerated for failing to round the mark because she was not compelled by BLUE to break rule She can still return and correct her error. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

163 ISAF International Judges' Seminar
6-Apr-17 Scoring DNE DNE = disqualification not excludable Rule 2 Rule 30.3 (Black Flag Rule) Rule 42 (Propulsion) - P2.2 or P2.3 applies 0413 ISAF International Judges' Seminar (c) International Sailing Federation

164 ISAF International Judges' Seminar
6-Apr-17 Other Scoring DNC, DNS, OCS, ZFP, BFD, DNF – race committee DSQ, DNE, DGM, RDG – protest committee SCP – can be automatic In all cases, notify the scorer promptly Gross Misconduct % Scoring Penalty DNC, DNS, OCS, ZFP, BFD, DNF belong to the race committee. DSQ, DNE, DGM, RDG belong to the jury or protest committee. SCP, scoring penalty and DNE, disqualification is not excludable, are sometimes automatic scores as a result of a boat taking a scoring penalty or based on actions by a boat after a black flag start. In all cases of “letter” scores, notify the scorer promptly. Can the race committee correct a letter score on its own? This is a question regarding redress. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

165 Announcing the Decision
6-Apr-17 Announcing the Decision Recall parties and all others interested to the protest room Read facts found, conclusions and decision Provide translation if needed Give copy of decision if requested State when and where available Provide a diagram if it will assist A hearing result (facts, conclusions, decision) is “public”. There is no reason to read the result to the parties only. Anyone can be invited to listen. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

166 Explaining the Decision
6-Apr-17 Explaining the Decision Give immediate clarification if needed No further discussion at this time Informal discussion at a future time could be agreed If there is right of appeal, advise a dissatisfied party Clarification is only an explanation of the decision if needed because of language, age or inexperience. It is not a discussion or a ‘justification’ of the findings. A dissatisfied party wishing to argue could be settled down by offering an informal discussion at some later time. (?) 0413 ISAF International Judges' Seminar (c) International Sailing Federation

167 Day 2

168 ISAF International Judges' Seminar
6-Apr-17 Measurement Protests Measurer cannot protest Measurer must report non-compliance to RC RC shall then protest Rule 78.3. Can the PC initiate a measurement protest? Who can the report be from? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

169 ISAF International Judges' Seminar
6-Apr-17 Measurement Protests A protest by RC or a boat must identify the rule alleged broken PC can call event measurer as a witness Decision must comply with rule 64.3 Sometimes not DSQ Boat may race if intending to appeal Costs paid by unsuccessful party It is not sufficient for a measurement protest to say just “The boat does not measure” or “the boat does not comply with the class rules”. A valid protest must identify the alleged breach. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

170 ISAF International Judges' Seminar
6-Apr-17 Measurement Protests PC makes final decision, BUT When in doubt, the PC: must ask the measurement authority and is bound by its reply Who is the measurement authority? The authority could be the class association, the NA or ISAF. It is not the event measurer. Reference to the authority can be complex, lengthy and delay a result. Before seeking this clarification the PC needs to be sure it cannot reach a decision itself. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

171 Protest Committee Protests
6-Apr-17 Protest Committee Protests Nominate one PC member to present the case. However . . . Explain protest is by PC as a whole A PC member may give evidence as a witness That PC member can participate in the decision A PC member can give evidence in any hearing (protest by a boat, the RC or the PC). If there was strong feeling by a party, a PC member who has been a witness could decline to take part in the decision, but this could not happen if all the PC had witnessed an incident. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

172 Requests to Reopen a Hearing
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173 ISAF International Judges' Seminar
6-Apr-17 Request to Reopen Request may come from A boat which was a party (<24 hours) The RC or OA if it was a party (< hours) PC itself may decide without a request Governed by rule 66. Note that a boat or the RC, if it was not a party to the hearing, cannot request a reopening. Refer class to definition of ‘party’. Discuss circumstances when the PC may decide without receiving a request. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

174 Deciding Whether to Reopen
6-Apr-17 Deciding Whether to Reopen Have a preliminary meeting to: Listen to the party’s evidence Consider other information as needed Decide in private Reopen only if: A significant error may have been made, or timely and significant new evidence is available The representative of a boat that has requested a reopening of a hearing should be given the opportunity to address the PC. This is not a hearing, but simply a preliminary meeting providing an opportunity for the party to convince the jury that one or other of the two requirements for a hearing to be reopened applies. The PC decides whether to open in private deliberation. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

175 ISAF International Judges' Seminar
6-Apr-17 The Reopening Inform parties Same PC members if possible Rules of Part 5 apply May or may not change decision DISCUSS EACH MATTER 0413 ISAF International Judges' Seminar (c) International Sailing Federation

176 ISAF International Judges' Seminar
Quick Test 0109 0413 ISAF International Judges' Seminar

177 ISAF International Judges' Seminar
Lunch 0413 ISAF International Judges' Seminar

178 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

179 ISAF International Judges' Seminar
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180 Rules References to Damage and Injury
6-Apr-17 Rules References to Damage and Injury Damage Penalize a boat – rule 14(b) Serious damage Taking a penalty – rule 44.1(b) Injury or physical damage Giving redress – rule 62.1(b) Injury or serious damage PC protest – rule 60.3(a)(1) We are going to look at each of these terms in more detail. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

181 ISAF International Judges' Seminar
6-Apr-17 Damage rule 14(b) Not defined, but ISAF Case 19 suggests: Market value diminished? Item or equipment made less functional? Rule 14(b) is the only rule using just ‘damage’. Note that under rule 14(b) the damage could be to either boat. Retiring is officially a penalty; see Basic Principle – Sportsmanship and the Rules. If a boat breaks rule 14 and the contact results in damage, and a boat is forced to retire, she effectively takes a penalty, so cannot be penalized further (unless rule 2 or 69.1 applies). See ISAF Case 99. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

182 Serious Damage Rule 44.1(b)
6-Apr-17 Serious Damage Rule 44.1(b) Not defined, but ask: Was the performance of the boat seriously impaired? Was the cost of repair high? Was the market value significantly diminished? A couple of rule books ago, some suggested the damage was “serious” if the cost to repair exceeded 1% of a boat’s value. Rule 44.1 states that a boat that “caused injury or serious damage or gained a significant advantage in the race or series by her breach” shall retire. A boat that takes a penalty cannot be penalized further, unless the penalty was not appropriate. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

183 Physical Damage Rule 62.1(b)
6-Apr-17 Physical Damage Rule 62.1(b) Example of physical damage: Real damage to the boat or equipment Examples of what is NOT physical damage: Capsize with no damage but causing loss of places Rigs or lifelines entangled Claiming your chances or your confidence has been damaged will get you nowhere. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

184 ISAF International Judges' Seminar
6-Apr-17 Injury Rules 62.1(b), 60.3(a)1 Injury when considering redress: Did the injury result in the boat losing places? Injury when considering a PC protest: Did the injury require more than minor first aid? (not necessarily hospitalisation) Ask the class for examples. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

185 Facts – Conclusion – Decision Exercise
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186 ISAF International Judges' Seminar
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187 ISAF International Judges' Seminar
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188 ISAF International Judges' Seminar
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189 ISAF International Judges' Seminar
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190 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

191 Hearings Involving Misconduct
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192 ISAF International Judges' Seminar
6-Apr-17 Vinnie Jones grabs hold of Paul Gascoigne during the match between Wimbledon and Newcastle United 0413 ISAF International Judges' Seminar (c) International Sailing Federation

193 ISAF International Judges' Seminar
6-Apr-17 “Fair Play” Is there a difference between ‘fair play’ and ‘fair sailing’? Give some examples of what may be (or have been) ‘unfair play’ 0413 ISAF International Judges' Seminar (c) International Sailing Federation

194 ISAF International Judges' Seminar
6-Apr-17 Rule 2 Fair Sailing A fundamental rule A boat, PC and RC can protest a boat under rule 2 Can be applied alone Must be clearly established Penalty is DNE Can be applied only if CLEARLY established. Consider some examples of unfair sailing: Knowingly breaking a rule and not taking a penalty. Intentionally breaking a rule. Hindering another boat (Case 34) but ….not if it is intended to benefit her own series result (Case 78). Deliberately misleading a boat (Case 47). If time, could discuss Question 1 from “20 Questions”. L’s crew reaching out to intentionally touch S (Case 73) or deliberately misusing crew position (Case 74). Deliberately upsetting a competitor by using words unacceptably insulting to their religion or culture or state of mind. What are some other examples? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

195 ISAF International Judges' Seminar
6-Apr-17 Rule 69 Gross Misconduct Addresses behaviour of competitors, not of boats Rule 69.2(a) does not include coaches Rule 69 is primarily a procedural rule but it can be broken by a competitor Rule 69 protest is considered a report This is an ‘investigative authority’ given to a PC, separate from other roles. In 2013, two significant changes – a competitor can break this rule and coaches are not covered. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

196 ISAF International Judges' Seminar
6-Apr-17 PC Receiving a Report May be from any source, including an interested party Does not have to be in writing May be in any form. Examples: Videotape Protest form Evidence in a hearing PC may also act on its own observation A report could come from reading about the matter in a newspaper or seeing it on TV. Where else could a report come from? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

197 ISAF International Judges' Seminar
6-Apr-17 Deciding on a Hearing PC has discretion whether or not to call a hearing May interview reporter or accused May first consider other information When should a PC proceed? Guidelines are given in the Manual in Section N.2 A PC cannot be forced to proceed. It is the PC’s own decision, and the PC may look further into the matter before making its decision. Refer the class to the Manual. STUDY QUESTION 7? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

198 Conducting the Hearing
6-Apr-17 Conducting the Hearing Preparation – Manual N.2.5 Inform the competitor in writing – Manual N.2.6 PC must have at least 3 members Follow normal hearing procedures (rules 63.2, 63.3, 63.4, 63.6) Maintain formality Keep a written record of evidence These are all saying the PC must be very careful how it acts. Rule 63.2 – Time and Place, Time to Prepare Rule 63.3 – Right to be Present, including representation Rule 63.4 – Interested Party Rule 63.6 – Taking Evidence, Finding Facts 0413 ISAF International Judges' Seminar (c) International Sailing Federation

199 ISAF International Judges' Seminar
6-Apr-17 Result of the Hearing Penalty may be applied to a boat or person May dismiss, issue warning or penalize Any penalty must be within PC’s event jurisdiction Report penalty (but not a warning) to NAs of competitor, venue, boat owner 1. The rule permits the PC to exclude the competitor and, when appropriate, disqualify the boat (which is not excludable from the boat’s series score). 2. A penalty may be something other than exclusion or disqualification. 3. The PC cannot give a penalty it wishes to be applied at some other event. 4. Only a higher authority can decide to extend a penalty beyond the event. Ensure proper advice is given if the matter is dismissed. A rule 69 hearing casts doubt on a person, so let all know if he has been ‘cleared’ on the charge. If time, could discuss Question 7 from “20 Questions”. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

200 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

201 ISAF International Judges' Seminar
6-Apr-17 Redress Redress – remedy or restoration for an improper action or occurrence. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

202 ISAF International Judges' Seminar
6-Apr-17 Redress – remedy or restoration for an improper action or occurrence. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

203 ISAF International Judges' Seminar
6-Apr-17 Redress – remedy or restoration for an improper action or occurrence. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

204 ISAF International Judges' Seminar
6-Apr-17 Redress – remedy or restoration for an improper action or occurrence. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

205 ISAF International Judges' Seminar
6-Apr-17 Redress – remedy or restoration for an improper action or occurrence. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

206 ISAF International Judges' Seminar
6-Apr-17 Redress – remedy or restoration for an improper action or occurrence. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

207 ISAF International Judges' Seminar
6-Apr-17 Redress – remedy or restoration for an improper action or occurrence. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

208 ISAF International Judges' Seminar
6-Apr-17 Requesting Redress Boats cannot protest the RC or PC Boats may request redress RC may request redress for a boat PC may call hearing to consider redress No redress without a hearing A RC requesting redress for a boat would need to be made in writing. A PC can call a redress hearing without receiving a written request. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

209 Validity of the Request
6-Apr-17 Validity of the Request No flag required Must be in writing Accept a “protest against the PC” as a request for redress Must meet protest time limit or within 2 hours of incident (whichever is later) Time limit shall be extended for good reason A request for redress is not a protest, but the validity requirements are similar to a protest. Many competitors still get confused and when seeking redress write on their form that they are “protesting the RC”. That is not correct but a PC should overlook the error and treat it as a request. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

210 Being Present at the Hearing
6-Apr-17 Being Present at the Hearing Similar to a protest hearing (rule 63.3(a)) Restricted to witnesses and parties (or representatives) Who is a party? A boat requesting redress A boat for which the RC has requested redress (rule 60.2(b)), and the RC itself. A boat being considered for redress by the PC (rule 60.3(b)) The body alleged to have made an ‘improper action or omission’ (rule 62.1(a)) Those attending a redress hearing and their rights are similar to a protest hearing. From January 2010 the definition of party was amended to ensure that a boat being considered for redress is treated in the same manner as a boat which has requested redress. Also, a RC which has requested redress for a boat is given the same rights as a boat which is a party. Note that any other boat is not a party. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

211 ISAF International Judges' Seminar
6-Apr-17 The Rights of a Party Attend throughout the hearing (rule 63.3(a)) Give evidence (rule 63.6) Call witnesses (rule 63.6) Question witnesses (rule 63.6) Ask for a reopening (rule 66) Appeal the decision (rule 70.1) A boat which is not a party (as defined) has none of these rights. Granting redress to a boat may result in a negative impact on the scores or series placing of other boats, yet those other boats have no involvement in the hearing or its decision unless called as witnesses. Have the participants discuss whether it would be more equitable if other boats could have more input, and if they feel the rules should be further amended to permit the PC to involve them. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

212 Qualifying for Redress
6-Apr-17 Qualifying for Redress All of these conditions must be satisfied: No fault of her own Score made significantly worse, but For one of these 4 reasons . . . The rule once said ‘finishing position’ but now says ‘score’. Why? If the score was not made significantly worse – no redress. What may be significant? If all the fleet suffered an equal disadvantage then a boat’s score (her finishing place) has not suffered. If the score was made significantly worse but it was even PART of the fault of the boat – no redress. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

213 ISAF International Judges' Seminar
6-Apr-17 The Four Reasons Improper action or omission by RC, PC, OA, EIC, or MC Injury or physical damage caused by a boat breaking a Part 2 rule a not-racing keep-clear vessel Giving help under rule 1.1 A boat penalized under rule 2 or disciplined under rule 69.1(b) If the score was made significantly worse, and it was no fault of the boat, there can still be no redress unless one (or more) of these reasons applies. We will now look at each of these reasons in more detail. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

214 Improper action or omission by RC, PC, OA, EIC or MC
6-Apr-17 Reason One Improper action or omission by RC, PC, OA, EIC or MC “Improper action” – doing something incorrectly. “Omission” – neglecting to do something it should have done. The first two – RC and PC – are the most common. What might be an improper action or omission by the OA, EIC or MC? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

215 ISAF International Judges' Seminar
6-Apr-17 Race Committee Errors Some examples: Mistiming or incorrect signals Improper notification of changes to SIs Incorrect scoring Wrong identification Missing or drifting mark What other errors have you encountered? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

216 Protest Committee Errors
6-Apr-17 Protest Committee Errors Some examples: Incorrect decision Improper procedures Collision with a jury boat On-the-water rule 42 penalty in error Discuss some possible ‘incorrect’ decision scenarios. Who could request redress over what they believe was an ‘incorrect’ decision? What examples of improper procedures may result in redress? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

217 a boat breaking a Part 2 rule a not-racing keep-clear vessel
6-Apr-17 Reason Two Injury or physical damage caused by a boat breaking a Part 2 rule a not-racing keep-clear vessel We will later investigate the words “injury” and “damage” in more detail. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

218 Injury or Physical Damage
6-Apr-17 Injury or Physical Damage Some examples: Broken rudder Badly torn sail Injured crew member Must be the cause of loss of points There could be a collision in which the rigs become entangled. It takes some minutes to get free but the boat is able to continue without loss of performance or without needing to retire although a crew is injured and the boat is damaged. What redress is available? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

219 ISAF International Judges' Seminar
6-Apr-17 NOT Physical Damage Capsize Rigs or lifelines entangled Forced to alter course or tack resulting in loss of places Crew overboard Entangled with a mark (but could be a RC omission – reason One) Think how many requests for redress there would be if these matters were eligible. If time, could discuss Question 12 from “20 Questions”. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

220 ISAF International Judges' Seminar
6-Apr-17 Reason Three Giving help under rule 1.1 0413 ISAF International Judges' Seminar (c) International Sailing Federation

221 ISAF International Judges' Seminar
6-Apr-17 Giving Help A boat must comply with rule 1.1 Reasonable decision to help – ISAF Case 20 Help to own boat or crew does not qualify for redress A boat may be entitled to redress whether or not help was requested, and whether or not help was needed. What if help was given to someone not racing? e.g. someone who had fallen in the water from a spectator boat. If time, could discuss Question 2 from “20 Questions”. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

222 A boat penalized under rule 2 or disciplined under rule 69.1(b)
6-Apr-17 Reason Four A boat penalized under rule 2 or disciplined under rule 69.1(b) Check for Case 0413 ISAF International Judges' Seminar (c) International Sailing Federation

223 ISAF International Judges' Seminar
6-Apr-17 Vinnie Jones 0413 ISAF International Judges' Seminar (c) International Sailing Federation

224 Fair Sailing or Misconduct
6-Apr-17 Fair Sailing or Misconduct If loss of places was caused by another boat which the PC has imposed a rule 2 penalty or disciplined under rule 69, then: Redress is available without injury or damage. This is an exception to the injury and serious damage requirement. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

225 ISAF International Judges' Seminar
6-Apr-17 Redress Decisions When redress requirements have been met the PC may need evidence from other boats, because PC must make as fair an arrangement as possible Must consider all boats affected Abandoning race is only a last resort Evidence only from the boat requesting redress may not be sufficient. Get other opinions. Redress decisions must be fair to all, not only fair to the boat requesting redress. Only when the PC has tried and tried to sort out the redress, but has had no success, should abandonment then be considered. Abandonment may not be fair to other boats. Treat abandonment as the PC saying “We have failed.” 0413 ISAF International Judges' Seminar (c) International Sailing Federation

226 ISAF International Judges' Seminar
6-Apr-17 Fair Arrangements Scoring adjustment advice is in rule A10 Position at last mark Time adjustment Average points Redress must be given to all boats affected Fairest arrangement may be to do nothing If one boat requests redress, but the PC learns one or more other boats also suffered but they have not requested redress, then redress must still be considered for them all. What is a circumstance when it could be fairest to do nothing? 0413 ISAF International Judges' Seminar (c) International Sailing Federation

227 ISAF International Judges' Seminar
Exercise #2 Write the Facts – Conclusion – Decision for this incident. 0413 ISAF International Judges' Seminar

228 ISAF International Judges' Seminar
0413 ISAF International Judges' Seminar

229 ISAF International Judges' Seminar
6-Apr-17 Seminar Outline The bodies Judges Programme A judge’s qualities The event First responsibilities Meetings Communications Jury administration Rule 42 compliance Protest Hearings Procedures Validity Evidence Facts and conclusions Decisions Redress Damage and Injury Misconduct Arbitration This is a brief outline of the subjects covered. The structure of ISAF, its rules, regulations, status. Discussion of other bodies involved. The International Judge certification requirements, qualities and skills. The role of the International Jury. Organizing and running a regatta – who does what. What is required of an IJ before and on arrival. Rule 42 and Appendix P. A lot of time is spent on protest hearings – especially the procedural aspects. Other types of hearing matters – measurement protests, redress, hearings involving damage and injury, misconduct, arbitration. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

230 ISAF International Judges' Seminar
6-Apr-17 Arbitration 0413 ISAF International Judges' Seminar (c) International Sailing Federation

231 Principles of Arbitration
6-Apr-17 Principles of Arbitration There are various arbitration formats Manual section L contains a recommended format NoR should advise and the SIs must detail the procedure It is a short meeting conducted before protests Only protestor, protestee and an experienced judge attends DISCUSS THE FORMAT. When arbitration may be used. How the arbitrator should conduct the hearing. 0413 ISAF International Judges' Seminar (c) International Sailing Federation

232 Outcomes of Arbitration
6-Apr-17 Outcomes of Arbitration The arbitrator’s opinion will be: Protest is invalid One or both boats broke a rule Neither boat broke a rule The matter should go to protest A boat which broke a rule may accept a penalty less than DSQ rather than going to a hearing Best if the arbitrator is not on the PC – but may be an observer. The format, the advantages, the disadvantages, past experiences, etc can be discussed with the class. 0413 ISAF International Judges' Seminar (c) International Sailing Federation


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