APPENDIX N - INTERNATIONAL JURIES
See rules 70.5 and 91(b). This appendix shall not be changed by the notice of race, sailing instructions or national prescriptions.
N1 COMPOSITION, APPOINTMENT AND ORGANIZATION
N1.1
An international jury shall be composed of experienced sailors with excellent
knowledge of the racing rules and extensive protest com-mittee experience. It
shall be independent of and have no members from the race committee, and be
appointed by the organizing
authority, subject to approval by the national authority if required (see rule
91(b)), or by World Sailing under rule 89.2(c)..
N1.2
The jury shall consist of a chairman, a vice chairman if desired, and other
members for a total of at least five. A majority shall be International Judges.
N1.3
No more than two members (three, in Groups M, N and Q) shall be from the same
national authority.
N1.4
(a) The chairman of a jury may appoint one or more panels com-posed in compliance
with rules N1.1, N1.2 and N1.3. This can be done even if the full jury is not
composed in compliance with these rules.
(b) The chairman of a jury may appoint panels of at least three members each,
of which the majority shall be International Judges. Members of each panel shall
be from at least three different national authorities except in Groups M, N
and Q, where they shall be from at least two different national authorities.
If dissatisfied with a panel’s decision, a party is entitled to a hearing
by a panel composed in compliance with rules N1.1, N1.2 and N1.3, except concerning
the facts found, if requested within the time limit specified in the sailing
instructions.
N1.5
When a full jury, or a panel, has fewer than five members, because of illness
or emergency, and no qualified replacements are available, it remains properly
constituted if it consists of at least three members and if at least two of
them are International Judges. When there are three or four members they shall
be from at least three different
national authorities except in Groups M, N and Q, where they shall be from at
least two different national authorities.
N1.6
When it is considered desirable that some members not participate in discussing
and deciding a protest or request for redress, and no qualified replacements
are available, the jury or panel remains properly constituted if at least three
members remain and at least two of them are International Judges.
N1.7
In exception to rules N1.1 and N1.2, World Sailing may in limited circumstances
(see World Sailing Regulation 25.8.13) authorize an international jury consisting
of a total of only three members. All members shall be International Judges.
The members shall be from three different national authorities (two, in Groups
M, N and Q). The authorization shall be stated in a letter of approval to the
organizing authority and in the notice of race and sailing instructions, and
the letter shall be posted on the event’s official notice board.
N1.8
When the national authority’s approval is required for the appointment
of an international jury (see rule 91(b)), notice of its approval shall be included
in the sailing instructions or be posted on the official notice board.
N1.9
If the jury or a panel acts while not properly constituted, its decisions may
be appealed.
N2 RESPONSIBILITIES
N2.1
An international jury is responsible for hearing and deciding all protests,
requests for redress and other matters arising under the rules of Part 5. When
asked by the organizing authority or the race com-mittee, it shall advise and
assist them on any matter directly affecting the fairness of the competition.
N2.2
Unless the organizing authority directs otherwise, the jury shall decide
(a) questions of eligibility, measurement or rating certificates; and
(b) whether to authorize the substitution of competitors, boats or equipment
when a rule requires such a decision.
N2.3
The jury shall also decide matters referred to it by the organizing authority
or the race committee.
N3 PROCEDURES
N3.1
Decisions of the jury, or of a panel, shall be made by a simple major-ity vote
of all members. When there is an equal division of votes cast, the chairman
of the meeting may cast an additional vote.
N3.2
Members shall not be regarded as having a significant conflict of interest (see
rule 63.4) by reason of their nationality, club membership or similar. When
otherwise considering a significant conflict of interest as required by rule
63.4, considerable weight must be given to the fact that decisions of an international
jury cannot be appealed and this may affect the perception of fairness and lower
the level of conflict that is significant. In case of doubt, the hearing should
proceed as permitted by rule N1.6.
N3.3
If a panel fails to agree on a decision it may adjourn, in which case the chairman
shall refer the matter to a properly constituted panel with as many members
as possible, which may be the full jury.
N4 MISCONDUCT (Rule 69)
N4.1
World Sailing Regulation 35, Disciplinary Code, contains procedures that apply
to specific international events with regard to the appointment of a person
to conduct any investigation. These procedures override any conflicting provision
of this appendix.
N4.2
A person shall be responsible for presenting to the hearing panel any allegations
of misconduct under rule 69. This person shall not be a member of the hearing
panel but may be a member of the jury. Such a person shall be required to make
full disclosure of all material that may come into his possession in the course
of his investigation to the person subject to allegations of a breach of rule
69.
N4.3
Prior to a hearing, the hearing panel, to the extent practically possible, shall
not act as an investigator of any allegations made under rule 69. However, during
the hearing the panel shall be entitled to ask any investigative questions it
may see fit.
N4.4
If the panel decides to call a hearing, all material disclosed to the panel
in order for them to make that decision must be disclosed to the person subject
to the allegations before the hearing begins.