PROTESTS

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PROTESTS THE JURY

• USRowing
• Referee Clinic
• Spring Season 2009

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PROTESTS

• With rare exceptions, someone claims unfair
  treatment
• Referees are responsible for fairness of racing,
  we must consider protests seriously and integral
  part of restoration of a crews opportunity
• Only matters that affect the substantial rights
  of a crew are subject to protest
• Matters subject to protest
• Crew claims that the race was not fair or proper
• Crew claims that Rules of Racing were not
  followed
• Opportunity of winning was unfairly deprived

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PROTESTS

• Findings of FACT are not subject to PROTEST
• False Start called by Judge at Start
• Crew out of its lane as seen by the Referee
• Order of Finish as determined by the Chief Judge
  or Judges at the Finish
• Protests of a race are lodged by a crew member at
  the end of a race with the referee on the water
• EXCEPT in the following

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PROTESTS

• Unusual situations
• crew hit submerged object disabling the shell
• crew swamped by wash
• race started ahead of schedule before the crew
  arrived at the Start

• ON LAND with the Chief Referee
• ineligible competitor(s)
• unable to launch due to overtaxed launch area
• schedule changes not communicated
• lightweight weigh-ins issues

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PROTESTS

• AT THE START with the STARTER
• Protest an exclusion due to late to line without
  a reason, plus a false start
• polling restart of a race when the original start
  was a countdown

• NO matter WHERE the protest is lodged the
  Official with WHOM the protest is lodged should
  make a decision consistent with the Rules of
  Rowing or Regatta Instructions

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PROTEST JURY

• Do's
• Receive a protest at the end of the race, DO make
  a decision. If the issue moves on, it is the
  DECISION the jury must resolve not necessarily
  the entire issue
• If the Chief Referee, DO attempt to resolve the
  protest with the crew and/or the coach, use an
  OMBUDSMAN to resolve issues, if one is assigned
• DO refer significant issues to the Jury for
  decision
• DO thank witnesses at a protest hearing for their
  participation. Win or lose, they will feel better
  when they think they had a fair hearing and their
  statements were considered important

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PROTEST JURY

• DONTs
• Accept protests which were NOT made on the water,
  EXCEPT, for those rare cases mentioned earlier
• Accept a protest from a coach or any other team
  member on behalf of a crew
• Take an adversarial position
• Act like a clown or make wise remarks, do not
  take the concerns lightly
• Discuss the protest with anyone until it has been
  decided by the Jury

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JURY

• ROLE
• Decide competition protests
• Decide matters referred by the Chief Referee
• NEED
• Provide collective wisdom on issues
• A forum to allay the apprehensions of persons
  involved in the regatta (competitors, coaches,
  officials, sponsors). Jury not inclined to shoot
  from the hip.

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JURY PROTOCOLS

• The Jury is appointed by the Chief Referee before
  the start of racing. A minimum of three licensed
  officials is required. Alternate jurors should be
  designated in case a named member is ineligible
  due to involvement in the race
• Apply dignified informality witnesses and
  others are usually very nervous, angry or tense
• Use rule 2-607 always. This ensures consistency
  no matter the level of the regatta

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JURY PROTOCOLS

• Announce the time and place of the Jury hearing
• Advise all parties involved of the place to
  inspect the written protest before the hearing
• At the appointed time assemble all jurors, crews,
  Referees, and others as required
• Each crew may have ONE representative present who
  may NOT be a witness. May only pose questions to
  the Jury for the Jury to pose to a witness

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JURY PROTOCOLS

• Start by introducing the members of the Jury,
  even though they were introduced at the coxswain
  meeting. Takes the mystery out of who is who
• Let crew representatives introduce themselves
• The President of the Jury MAY allow other
  licensed officials or bonafide candidates to
  observe. This privilege must be taken seriously.
  Inform the participants about these individuals

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JURY PROTOCOLS

• Following introductions, read the protest
  statement, or have the complainant read it
• Let the complainant or any other member of the
  offended crew offer additional information.
  Ensure you ask if there is anything else to add
  BEFORE you let them leave
• Hear additional information from
• Offending crew, any other crew affected by the
  outcome, race officials, and any others

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JURY PROTOCOLS

• Allow representatives of the crews involved to
  make closing remarks
• Dismiss all but the Jury before starting
  deliberations. Trainees may be permitted to stay.
  The decision is based on the Rules of Rowing and
  the evidence presented.
• After reaching a decision, it is a good policy to
  put the decision in writing and have Jury members
  sign the written decision

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JURY PROTOCOLS

• Reassemble all parties involved before announcing
  the decision of the Jury
• A good practice is to announce the Jury results
  in the same secluded location as the Jury
  proceedings took place.
• Deliver the protest itself, written decision, and
  the money to the Regatta Director (if the protest
  was denied). If protest upheld return the money
  to the crew at the time of the decision

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JURY APPEALS

• What are the grounds for an appeal?
• Actions that affected the race outcome
• Variant from Rules of Rowing
• Arbitrary or capricious action by the Referee
  without foundation
• Trials No money required can protest based on
  rules of rowing, interference, or unequal racing
  conditions. Appeal directly to US Rowing
  Executive Director and Referee Committee.

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JURY APPEALS

• Appeal to the Referee Committee must be made
  within five (5) working days of the Jury
  decision. The Referee Committee must conduct an
  investigation and report a decision within ten
  (10) days, unless additional time is required to
  ensure completeness and fairness. The Executive
  Director of USRowing will also be informed of the
  situation and decision.
• Jury members should keep any notes taken during
  the proceedings to support any review or appeal

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NON-Registered Regatta

• If staffing sufficient, follow the Rules of
  Rowing
• If alone find an impartial person willing to
  serve on the Jury. This works for the court
  system!
• If alone at a dual meet, simply act as a summary
  court. Make certain coaches understand that this
  is how it will be done. Remember you probably
  followed all the races, decide early, and be
  decisive.
• Non Registered regattas have NO RECOURSE to the
  Referee Committee for any decision made at this
  regatta

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SUMMARY

• Jury serves an important role in the support of
  competition
• Jury responsibilities and procedures are outlined
  in the Rules of Rowing, so use the book
• The work of the Jury all too often begins when
  the fun ends
• Know the rules, dont shy away from Jury work, be
  a good listener, and you will meet the challenge!

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PROTESTS THE JURY

• Any Questions????