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 committee experience. It shall be independent of and have no members from the race committee or the technical committee, and it shall be appointed by the organizing authority, subject to approval by the national authority if required (see pravidlo 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 composed 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 30 minutes or 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 aor 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.

N1.7In 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 or sailing instructions, and the letter shall be posted on the 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, the race committee or the technical committee, 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

N2.3 The jury shall also decide matters referred to it by the organizing authority, the race committee or the technical committee.

N3   PROCEDURES

N3.1 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.

N3.2 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)

N4.1The World Sailing 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.