CASE 137
Rule 63.4(b), Hearings: Conflict of Interest
When deciding if a conflict of interest is significant, the
protest committee should take into account the degree of
conflict, the level of the event and the overall perception of
fairness.
Facts
After a declaration of a conflict of interest by a protest committee member,
one of the parties does not consent to the person remaining as a member of
the protest committee.
Question
How should the protest committee decide if the conflict is significant or not,
as required by rule 63.4?
Answer
The member concerned should not be present during this decision process.
Rule 63.4(c) requires the other members of the protest committee to
consider the degree of conflict. For example, a parent/child relationship will
almost certainly create a high degree of conflict, while more distant
relationships will generally create diminishing degrees of conflict as the
distance increases. Similarly, an employer/employee relationship could
create a high degree of conflict.
Rule 63.4(c) also requires the level of the event to be considered. At some
levels of event it is not practical to find suitable protest committee members
who have no conflict of interest, yet the event still needs the service of a
protest committee. It may be possible to balance the conflict between two
or more protest committee members.
The protest committee should also consider if the perception of fairness is
best served by having more members on the protest committee or by not
including a person with a conflict. The protest committee may also take into
account the strength of feeling of the parties and if their concerns are shared
or confined to one party.
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