Jury MinutesA Guide for Preparation

2015 / 2016

October 2015

Prepared by Thelma Hoessler and modified for Canadian use by Andy Wolff

WRITING THE MINUTES• Do NOT use pre-formatted “fill-in-the-blanks” Jury Minutes forms• Be concise• Use one form for multiple decisions• Verify content/applicability of quoted rules• Obtain all required votes / signatures• DO NOT document opinions• DO cite applicable ACR/ICR rules• DO NOT document unnecessary items:

e.g. “Jury thanked for their service.”, “Appeal will be filed.”• Distribute only as required!

MINUTES OF JURY MINUTES – WITHOUT PROTEST

Used to document any Jury decision not related to protest or sanction, e.g.:- acceptance of event medical plan

- acceptance of course set(s)

- acceptance of on-hill competitor security

- confirm daily Program

- document Program changes, e.g. lengthy delays, postponements, terminations or cancellations, etc.

- confirm provisional rerun/start

- document Sanctions as defined by ACR/ICR Art. 223

Due to limited distribution requirements and sensitive nature of content, only the redacted Summary of Jury Decision (Sanctions) are shown.

Jury Minutes and all other race documents are “legal documents”. Prepare and handle them accordingly.

DOCUMENT HEADER

FIS level: FIS, ENL, UNI, NAC, etc. or USSA Scored or USSA Non-Scored

Name listed on Schedule Agreement Date of Event

Ladies or Men

Ski Area / State USA USSA OR FIS #

DHT, DH, SL, GS, SG, or K

JURY MEMBER SECTION

TD’s Name USA Must be SIGNED!

RF’s Name USA

NAME/NAT: Not all events

Must be SIGNED!Must be SIGNED! DH/SG/WC SL & GS

CR’s Name USA Must be SIGNED!

Only OWG, WSC

Only OWG, WSC

VOTES MUST BE RECORDED! “yes” Or “no”

Notice that form requests: FAMILY NAME / FIRST NAME

OTHERS PRESENT: e. g. - Start Referee, Finish Referee, Chief of Course,

Course Setter, Connection Coach(es), Gate Judge, Protest Filer, Provisional Run / Provisional Start Racers, etc.

Connection CoachKelble, Frank

USA

Chief of CoursePerricone, Roger

USA

All individual present at the Jury meeting must be identified.

Athletes MUST be afforded due process!

SUMMARY OF DECISIONS

Insert time: Insert Decision

FOR GENERAL MINUTES, ONE FORM CAN BE USED TO DOCUMENT MULTIPLE DECISIONS!

If used to record sanctions, a separate form must be used and the violation and evidence reviewed must be documented!

TIME / DATE / SIGNATURE

24 hr / 12 hr clock Date of MEETING Signature/ Nation / TD #

FIS = 24 hr clockUSSA = 12 or 24 hr clock

Not always Date of EVENT, e.g. Medical Plan Acceptance THIS MUST BE DONE!

MEDICAL PLAN Suggested Verbiage

The Medical Plan is reviewed and accepted prior to the first Team Captains’ Meeting and is generally a stand-alone set of Minutes.

“Medical Plan as provided to Team Captains, reviewed by the Jury, found to meet requirements for the level of competition and the FIS Medical Guide and accepted as published.”

MEDICAL PLAN

COURSE, SECURITY, PROGRAM Suggested Verbiage1st run course and on-hill competitor security measures inspected by the Jury, and with the approval of the Team Captains* as conveyed by the Connection Coach, accepted as set.

Program confirmed.

2nd run course inspected by the Jury, and with the approval of the Team Captains as conveyed by the Connection Coach, accepted as set with no additional on-hill competitor security required.

For speed events, TD may wish to add words to the effect that the Team Captains were invited to attend course inspection or that the course set meets requirements for level of competition.

COURSE, SECURITY, PROGRAM

DELAY, POSTPONE, TERMINATE, or CANCEL

DELAY – Event will start later on the SAME day:• Short delays do not require documentation

• A delay that affects the entire Program should be documented

POSTPONE – Event will be rescheduled to ANOTHER day:

TERMINATE – Event stopped after starting (even if only 1 Forerunner!)

CANCEL – Event will not be run. Canceling an event also cancels event liability insurance; contact USSA Competition Services for directions!

DELAY:

Due to [insert reason], start delayed until [insert time]

Example: Due to weather conditions, Men’s start delayed until 10:30.

Jury will reconvene at 10:15 to confirm delayed start.

POSTPONEMENT:

Due to [insert reason], [insert event & codex/transmittal number] postponed until [insert date].

Example: Due to weather conditions, Men’s Slalom (U1234) postponed until 31 December 2015.

TERMINATION:

Due to [insert reason], and in the best interests of the security of the competitors and the fairness of the competition, [insert event & codex/transmittal number] terminated after [insert when].

Example: Due to weather conditions, and in the best interests of the security of the

competitors and the fairness of the competition, Men’s Slalom (U1234)

terminated after the Forerunners.

SUGGESTED VERBIAGE

POSTPONEMENT

DELAY with a CANCEL etc.

The following example illustrates:

• Delays

• Program adjustments

• Decision on snow seed

• Course and on-hill competitor security measures acceptance

• Cancelation – done only after receiving verification that the training run would not be rescheduled

RECORD OF THE ENTIRE DAY!

COURSE, DELAY, PROVISIONAL START- all in

one day/one form!

With the exception of sanctions, one form can be used to document an entire day!

A copy of a Sanction must be provided to the offending party, their Team Captain and their national federation. They contain information that is not made available to other parties and must be on separate forms.

One Day / One Form!

MINUTES OF JURY DECISIONS - PROTEST

• Used to document Jury decisions regarding Protests as defined by ACR/ICR Art. 641

• Copies of Minutes of Jury Decisions – Protest are not made available for general distribution. Only Jury, National Governing Body, FIS (if a FIS event), protesting/sanctioned party (and his/her nation, if applicable) receive copies.

Due to limited distribution requirements and sensitive nature of content, only the redacted Summary of Jury Decision (Protest) are shown.

PROTEST: Missed Gate DSQ

Note: Clearly defined infraction, evidence submitted, decision.

PRESENT AT THE MEETING

All witnesses, protesting party and athlete – this is a complete record!

PROTEST: Early Start DSQ

ACR/ICR reference numbers must be included.

PRESENT AT THE MEETING

Note presence of all witnesses, athlete and athlete’s representative (protesting party).

COMPETITION EQUIPMENT• “Competition Equipment” encompasses all items of equipment which the

competitor uses in competitions & which forms a functional unit• Athletes, and in the case of a minor, their parents or guardians, are responsible

for the legality and working condition of their competition equipment• With the exception of specific rules, e.g. presence of helmet cameras, no

helmet, poles without baskets, missing ski brakes, etc. , where a competitor in violation is not allowed to start, the following procedures must be observed:

• Equipment can only be measured with:- FIS-approved testing equipment used by a- FIS-approved/trained official, and

• Notice of equipment control must be provided- Race Announcement and/or- Team Captains’ Meeting

If a Team Captain files a protest against a competitor’s equipment [643.3; 224.6; ICR 222.6], the following procedures must be followed:• Jury must be advised of protest before competitor and equipment

leave the Jury’s control (race arena)• Equipment must be confiscated by Jury, Jury Advisor, etc. in the

presence of witnesses• Equipment must be strictly controlled (no third-party access)• USSA Event: Equipment must be sent to USSA, Attn: Competition

Services for evaluation (USSA’s decision will be final.)• FIS Event: Equipment must be sent to FIS Bureau for testing• Losing party pays all costs

Above actions must be documented in Jury Minutes!

PROTEST: Against Competitor’s Equipment

Additional NotesSanctions

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WRITTEN SANCTIONS223.6 The following Penalty decisions shall be in writing:- Monetary fines- Disqualification- Impaired starting position- Competition suspensions- Withdrawal of accreditation from persons who had been registered through their National Association or accredited through FIS223.7 Written Penalty decisions must be sent:- to the offender (if it is not a competitor), - the offender’s National Association and - to USSA AND/OR FIS 223.8 Any disqualification shall be recorded in the Referee’s and/or the TD`s Report223.9 All penalties shall be recorded in the TD's Report.

WRITTEN SANCTIONS - GUIDELINES224.3 Collective Offenses: If several persons commit the same offense* at the same time and under the same circumstances, the Jury’s decision as to one offender may be considered binding upon all offenders. The written decision shall include the names of all offenders concerned, and the scope of the penalty to be assessed upon each of them. The decision will be delivered to each offender. (Collective Offense can also be interpreted to mean several offenses committed by one individual.)

224.4 Limitation: A person shall not be sanctioned if proceedings to invoke such sanction have not been commenced against that person within 72 hours followingthe offense.

224.5: Each person who is a witness to an alleged offence is required to testify atany hearing called by the Jury, and the Jury is required to consider all relevant evidence.

224.7: DUE PROCES!

*Do not document different offenses committed by different individuals in the same document – use a separate document for each individual.

DUE PROCESS – ACR/ICR Art. 224.7

Prior to the imposition of a penalty (except in cases of verbal reprimands and withdrawal of accreditation), the person accused of an offense shall be given the opportunity to present a defense at a hearing, verbally or in writing.

Defense can include, but is not limited to the following:• Calling witnesses• Questioning witnesses upon whose testimony the Jury relies

e.g.: considering information from a witness who is unavailable for questioning by the accused would create a serious issue.

MINUTES FOR SANCTIONS – ACR/ICR Art. 224.8 Jury decisions shall be recorded in writing and shall include:• The offense alleged to have been committed• The evidence of the offence• The rule(s) or Jury directives that have been violated• The penalty imposed

Remember: • The penalty shall be appropriate to the offense. • The scope of any penalty imposed by the Jury must consider any

mitigating and aggravating circumstances.• Verbal sanctions do not require documentation; not subject to Appeal

JURY DECISION Delayed Start – SANCTION being considered.

ACR/ICR reference numbers must be included.

WRITTEN SANCTION EXAMPLE: Continuing on Course After Clear DSQ

IMPORTANT POINTS TO REMEMBER

Each person who is a witness to an alleged offense is required to testify (224.5)

Person accused of an offense shall be given the opportunity to present a defense at a hearing, orally or in writing (224.7 – due process!)

Jury Minutes related to protest / sanction must contain:• Offense committed• Evidence submitted• Rule(s) violated• Penalty imposed (224.8)

Jury Minutes must not contain opinions (facts not supported by evidence or by the rules)

WHY ARE THESE POINTS IMPORTANT?• Although a Jury can re-evaluate a

previous decision, new evidence that relates to the original Jury decision must exist

• If the Jury is no longer empaneled, they can not re-evaluate a previous decision

• Jury decisions are final except those that may be protested (641) or appealed (647)

• Jury Minutes must provide an accurate, factual and complete record of the proceedings. If they are not accurate, do not contain a complete and factual record of the proceedings, the decisions could be overturned on appeal.

• Note: Only original evidence may be considered in an appeal!