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Regional Judge Seminar October 2020 Regional Judge Presentation v1

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Australian Sailing |

Regional Judge Seminar

October 2020 Regional Judge Presentation v1

Australian Sailing |

Welcome from Australian Sailing

Location

Presenters

2 Regional Judge Seminar

Australian Sailing |

DAY 1WELCOME & INTRODUCTIONS

• Protest Exercise

• Judge Resources and Code of Conduct

• NOP & Judge Accreditation requirements

• Recognised Authorities

• Various Protest Committees and Juries

MORNING TEA

• Structure of the RRS

• The Protest Hearing

• Reopening a Hearing

LUNCH

• Appeals, Requests and Procedures Appendix R

• Working with Competitors & Support Persons

• Hearings involving Misconduct

• Exercises, Questions and Summary

AFTERNOON TEA

• Exam

• Exam review and questions

• RJ Accreditation requirements & Paperwork

• Where to from here?

• Summary and close

CLOSE

Seminar Schedule

Regional Judge Seminar3

Australian Sailing |

Protest Exercise

Handout

4 Regional Judge Seminar

Australian Sailing |

Protest Exercise

Who DSQ boat A?

Who DSQ boat B?

Others

5 Regional Judge Seminar

Australian Sailing |

Judges Resources and

Code of Behaviour

6 Regional Judge Seminar

Australian Sailing |

• AS Officials Resources page:

https://www.sailingresources.org.au/officials-volunteers/nop-resources/

• Judges Resources:

https://www.sailingresources.org.au/officials-volunteers/judge-resources/

• Regatta Management Templates:

https://www.sailingresources.org.au/class-assoc/regatta-templates/

Judges Resources

Regional Judge Seminar7

Australian Sailing |

Committee behaviour:

• Follow dress code (on the water, ashore)

• No alcohol consumption until the end of

hearings

• Telephones on mute in PC room

• No greediness

• Respect role of the Chairman

Personal behaviour:

• Respect hosts, competitors, colleagues,

support persons

• Confidentiality

• Conflict of interest

• Punctuality

• Social behaviour

• Generally act with dignity and decorum

at all times

Code of Behaviour

Regional Judge Seminar8

Australian Sailing |

Regional Judge

Accreditation

9 Regional Judge Seminar

Australian Sailing |

• Gain racing experience and rules knowledge.

• Gather broad PC and Jury experience.

• Proficiency in English.

• Support policies of Australian Sailing.

• Establish a Judicial temperament.

• Within last 4 years:

✓Participate in a RJ seminar and pass the exam (first appointment).

✓Be performance assessed.

✓Submit an accreditation application form (available on the as website).

https://www.sailingresources.org.au/officials-volunteers/nop-accreditation-forms/

10

How to become an Australian Sailing Regional Judge

Regional Judge Seminar

There is no set order to

achieving all of this.

Each of you will be at

different levels of these skills

and requirements

Australian Sailing |

Performance assessment

• Self assessment

• Performance assessment of other officials

• Mentoring

Regional Judge Seminar11

Performance Assessment

Australian Sailing |

Recognised Authorities

12 Regional Judge Seminar

Australian Sailing |

WS - World Sailing

• Rules, cases, International Judges program, International Judges Manual

AS – Australian Sailing

• Our National Authority, National Officiating Program (NOP), AS RRS, Appeals

OA – Organising Authority

• Publishes NoR, appoints RC

RC – Race Committee

• Writes SIs, runs races, scoring

PC – Protest Committee

• Appointed by the OA.

TC – Technical Committee

• Appointed by the OA or RC

NJ – National Judge

Regional Judge Seminar13

The Bodies We Will Meet

Australian Sailing |

Morning Tea

10:30 – 10:45

14 Regional Judge Seminar

Australian Sailing |

Various Protest

Committees and Juries

15 Regional Judge Seminar

Australian Sailing |

Protest committee

• Minimum 3 members (Qualified Chair and members recommended – not a requirement

though).

National Jury – Major regatta level or national event

• Minimum of 3 members

• Minimum 2 National Judges and 1 State Judge

• Not less than two states or countries represented

International Jury – World championships or other international events:

• Minimum of 5 members

• Majority shall be International Judges

• Maximum of 2 judges from one Member National Authority

Regional Judge Seminar16

Committees and Juries Composition

Australian Sailing | Regional Judge Seminar17

Status of Protest Committees

Protest CommitteeAppointed by OA

or RCAppealable

National Jury

Appointed by OA

Approved by

Australian Sailing

No appeal

(usually)

International Jury

Appointed by OA

Approved by

Australian Sailing

or World Sailing

No appeal

Australian Sailing |

Structure of the RRS

18 Regional Judge Seminar

Australian Sailing | Regional Judge Seminar19

2021-24 Racing Rules of Sailing

Australian Sailing | Regional Judge Seminar20

Part 2 - When Boats Meet

Australian Sailing | Regional Judge Seminar21

Part 3 – Conduct of a Race

Australian Sailing | Regional Judge Seminar22

Part 4 – Other Requirements when Racing – Section A

Australian Sailing | Regional Judge Seminar23

Part 4 – Other Requirements when Racing – Section B

Australian Sailing | Regional Judge Seminar24

Part 5 – Protests, Redress, Hearings, Misconduct and Appeals

Australian Sailing | Regional Judge Seminar25

Part 6 – Entry and QualificationPart 7 – Race Organisation

Australian Sailing |

The Protest Hearing

26 Regional Judge Seminar

Australian Sailing |

• Assign roles

• Hearing Chair, Scribe, Lead questioner, Witness fetching

• Runs an orderly fair hearing

• Discourage inappropriate behaviour

• Discourage leading questions

• One person speaking at a time

• Follow/re-explain protest committee procedures

Regional Judge Seminar27

Chairman’s Management

Australian Sailing |

• Introduction

• Conflict of Interest

• Interpreter?

• Validity

• Protestor’s story

• Protestee understands?

• Protestee’s story

• Protestor understands?

• Protestor’s questions

• Protestee’s questions

• Necessary PC questions

28

Protest Procedure – Appendix M

Regional Judge Seminar

• Protestor’s witness(es) called

• PC asks to explain what they saw

• Questions to the witness (Protestee, Protestor, PC)

• Protestee’s witness(es) called

• Questions to the witness (Protestor, Protestee, PC)

• Final PC questions

• Final statements (Protestor first)

• Agree facts, conclusions and rules that apply,

decision

• Inform parties of decision

Australian Sailing |

• Introductions

• RRS 63.4 “COI” declared and recorded – Case 137

• Cannot be PC member unless all parties consent, or;

• PC decides not significant:

• Level of conflict

• Level of event

• Importance to each party

• Overall perception

• RC member: boat on boat vs RC improper action?

Regional Judge Seminar29

Introductions and Conflict of Interest

Australian Sailing |

What happened?

• Ask necessary questions – but they can’t give the game away

• Save questions until last required moment. Avoid leading questions

• What rules might apply to this incident?

• What are the boats’ obligations under these rules?

• What facts are needed to determine whether boats met these obligations?

• What question/s will help establish those facts?

• Ask only questions that help find facts

Regional Judge Seminar30

PC Questioning Techniques

Australian Sailing |

• Ask parties and observers to leave

• Don’t laugh! Don’t joke!

• Ask less experienced judges first

• Mix the order

• Record easily agreed facts in order

• Apply relevant rules to facts

• Identify missing facts

• Discuss and agree controversial issues

Regional Judge Seminar31

Deliberations

Australian Sailing |

• Just concentrate on agreeing the facts. Don’t get into rules yet!

• Get input from all PC members. Some members may need to be drawn out.

• Jot down the FACTS which are not in dispute.

• Resolve any differences of opinion.

• Reach a consensus which all can agree. Try to avoid voting.

Regional Judge Seminar32

Reaching the Decision

Australian Sailing |

• Scribe to lead with draft “FACTS FOUND”

• Edit the draft to a wording which all can agree

• Reach the “CONCLUSIONS” you can draw from the “FACTS”

• The applicable rules should now be clear

• Correct and complete wording should not need a diagram

• The decision should now be straightforward!

• Most decisions can use standard wording – Refer to Handout

Regional Judge Seminar33

Reaching the Decision

Australian Sailing |

• No rule broken – dismiss protest

• Boat broke a rule – DSQ

• Exceptions:

• Exoneration when compelled to break a rule (RRS 21 or 64.1(a))

• [DP] or [SP]

• Other penalties in SI’s

• Rule 64.1(b) applies

• Rule 14(b) and Rule 36

• Part 2 pre-amble: Boat not racing – no damage or injury

Regional Judge Seminar34

Decision

Australian Sailing |

• DNE = Disqualification Not Excludable

• RRS 2 DNE

• RRS 30.4’s last sentence (Black Flag Rule)

• RRS 42 (propulsion) if P2.2 or P2.3 applies

• RRS 69

• Inform scorer promptly – check on posted results

Regional Judge Seminar35

DNE

Australian Sailing |

• Recall parties to protest room

• Read facts found, the conclusion reached and the decision

• Copy of decision upon request

• When and where available

• Provide diagram – if relevant or valuable

• OK to explain decision, if time

• Inform scorer promptly – check on posted results

Regional Judge Seminar36

Informing the Parties

Australian Sailing |

Reopening a Hearing

37 Regional Judge Seminar

Australian Sailing |

• Sources:

• Request from boat (<24 hours, except on last day of racing)

• Request from RC/OA/TC (<24 hours, except on last day of racing)

• PC itself – could be after an invalid request from boat or RC (no time limit)

Regional Judge Seminar38

Reopening a Hearing

Australian Sailing |

• Preliminary meeting to decide:

• Investigate the party’s new evidence

• Consider other information as needed

• Other boats affected by arrangement PC was not aware of? RRS 64.2

• Reopen only if:

• A significant error may have been made, or

• Significant timely new evidence is available (This is not evidence that was available

to the Party at the time of the hearing but not used)

Regional Judge Seminar39

Deciding Whether to Reopen

Australian Sailing |

• Inform parties

• Same PC members if possible

• Rules of Part 5 apply

• May or may not reverse decision and may update facts/conclusions to support original

or new decision.

• Where there is a problem, you should do it, you will get more respect from the

competitors.

Regional Judge Seminar40

Reopening a Hearing

Australian Sailing |

Lunch

12:30 – 1:45

41 Regional Judge Seminar

Australian Sailing |

Appeals, Requests

and Procedures

Appendix R

42 Regional Judge Seminar

Australian Sailing |

• Can be requested by a competitor or Protest Committee (Will comply with Appendix R).

• Competitors appealing a National or International Jury

• Rule 70.

• Appeals, requests by Protest committees

• Submitting an appeal:

• Information found on the AS website: https://www.sailingresources.org.au/class-

assoc/racing-rules/

• Online form: https://www.sailing.org.au/surveys/392/ .

Regional Judge Seminar43

Appeals and Requests

Australian Sailing |

Party submitting an appeal:

• A Party to a Protest or Request that wishes to appeal a decision must submit an appeal

within 15 days to Australian Sailing. This is within15 days after a written PC hearing

decision or its decision not to reopen a hearing is delivered to the Party .

• The submitted appeal is lodged online and must contain:

• A copy of the written PC decision (or an equivalent, R2.1).

• Reasoning as to why the decision was incorrect.

• All associated documents to the protest

• Protest form or request for redress (including a complete diagram of the

incident)

• The NoR and SIs and any other governing documents

• Contact details for the Parties and Protest Committee Chair.

Regional Judge Seminar44

Appeals and Requests

Australian Sailing |

PC Appeal Process:

• Appeal received from AS by Chairman

• Chairman may share with PC members for comment.

• Each ground of appeal should be carefully reviewed.

• Unless they don’t make sense or are inadequate the Facts Found cannot be appealed.

– Don’t let yourself get dragged into who said what or arguments on Facts.

– Best response to augments on Facts are “This ground is an appeal against the facts.”

• Prepared a separate answer for each ground even if they duplicate each other.

• Any outstanding appeal documents to be made available to MNA.

• Response should be returned to AS within time frame provided.

Regional Judge Seminar45

PC Response to an Appeal

Australian Sailing |

Appeal Process:

• Appeal received

• Appeal panel formed.

• MNA shares and sends copies of the appeal.

• Parties and PC comments submitted.

• Any outstanding appeal documents to be made available to MNA.

• Rules clarification from the OA (if required).

• MNA shares and sends updated copies of the appeal.

• Parties and PC comments submitted.

• Appeal is heard or the protest may be reopened.

• A reopened protest

• Decision will be handed down.

• Notification

Regional Judge Seminar46

Responses to an Appeal

Australian Sailing |

Working with

Competitors & Support Persons

47 Regional Judge Seminar

Australian Sailing |

• Included in 2017-2020 rules for first time and updated in 2021-2024 rules

• Rules: Definitions-Party, Support Person; 1; 4; 6; 47; 60.3; 62.1; 63.9; 64.5; 69

• Accredited coaches rarely cause issues

• They serve the competitors so deserve respect

• Support boats provide additional safety

• Note restrictions in Sailing Instructions

• Restricted areas during racing must be well defined

• Parents may simply not know, so explain

Regional Judge Seminar48

Support Persons

Australian Sailing |

• RRS Definitions: “Support Person”

• RRS 1.1 Support persons shall give all possible help for person/vessel in danger

• RRS 4.1(b) Support Person agrees to accept rules, and under RRS 4.2 the competitor

agrees that their support persons are bound by the rules

• RRS 4.3(d) Competitor to ensure Support Person aware of rules

• RRS 6 Support Persons bound by WS regulations

• RRS 47 Trash disposal

• RRS 63.9 Hearings – Support Persons

• RRS 64.5 Decisions concerning Support Persons

Regional Judge Seminar49

Support Person Rule Breaches

Australian Sailing |

Hearings Involving

Misconduct

50 Regional Judge Seminar

Australian Sailing |

• As a result of a previous hearing:

• Rule 2 penalty or

• Rule 69 disciplinary action

• New World Sailing case 138

Regional Judge Seminar51

Fair Sailing or Misconduct

Australian Sailing |

• Can be applied alone

• Must be CLEARLY ESTABLISHED

• Boats, PC, TC and RC can protest under RRS 2

• Penalty is DNE

• As the Penalty options and stigma may not be as severe, expect this rule to be found

broken more often!

Regional Judge Seminar52

Rule 2 – Fair Sailing

Australian Sailing |

• Addresses behaviour of competitors, not of boats

• Rule 69 is a procedural rule, it cannot be broken by a competitor

• Not protestable

• PC may act on report or observation

Regional Judge Seminar53

Rule 69: Misconduct

Australian Sailing |

• May be from any source, including an interested party

• Does not have to be in writing

• May be in any form, for example:

• Social media – Facebook/Instagram

• Video/Youtube

• Protest form

• Testimony in a hearing

Regional Judge Seminar54

Rule 69: Report to PC

Australian Sailing |

• PC must decide whether or not to call hearing:

• May interview reporter or accused

• Consider other information as needed

• PC should seek guidance from AS or local IJ before proceeding

• If yes, PC must inform competitor in writing of:

• Time and place of hearing

• Statement of allegation

• Special procedures if investigator appointed

Regional Judge Seminar55

Rule 69: Hearings

Australian Sailing |

• PC’s Structure and Actions:

• Must have at least 3 Protest Committee Members.

• If a club event, consider getting different judges.

• May issue warning or penalise.

• Any penalty must be within PC’s jurisdiction.

• Report penalty to the National Authorities (NA):

• Do not report warning.

• NAs: competitor, venue, boat owner.

Regional Judge Seminar56

PC’s Actions in Rule 69 Hearings

Australian Sailing |

Exercises, Questions

and Summary

57 Regional Judge Seminar

Australian Sailing |

Afternoon Tea

14:45 – 15:00

58 Regional Judge Seminar

Australian Sailing |

Exam sitting

15:15 – 16:15

59 Regional Judge Seminar

Australian Sailing |

Exam Review and Questions

16:15 – 16:45

60 Regional Judge Seminar

Australian Sailing |

Where to from here

61 Regional Judge Seminar

Australian Sailing |

• Gain racing experience and rules knowledge.

• Gather broad PC and Jury experience.

• Proficiency in English.

• Support policies of Australian Sailing.

• Establish a Judicial temperament and Physical capability for on-water Judging.

• Within last 4 years:

✓Participate in a RJ seminar and pass the exam (first appointment).

✓Be performance assessed.

✓Submit an accreditation application form (available on the as website).

https://www.sailingresources.org.au/officials-volunteers/nop-accreditation-forms/

62

How to become an Australian Sailing Regional Judge

Regional Judge Seminar

There is no set order to

achieving all of this.

Each of you will be at

different levels of these skills

and requirements

Australian Sailing |

• 1.0 Temperament & Behaviour

• Understands how to dress appropriately while acknowledging any applicable club dress codes at all

times

• Display a cordial and polite manner, whilst keeping appropriate physical and social distances from

competitors, coaches and team leaders.

• Attend hearings and meetings punctually.

• Demonstrate lack of prejudice to all competitors - either negative or positive.

• Demonstrate empathy with competitors.

• Keep calm under stress making timely accurate decisions and communicates succinctly.

• Willing to work within a team, listening and taking into account fellow jurors’ opinions and

observations.

• Able to maintain good relations with colleagues, organisers and Race Committee.

• Display respect for property, vessel, equipment etc, which may belong to another

organisation/person.

Regional Judge Seminar63

Practical Judge Assessment

Australian Sailing |

• 2.0 Rules Knowledge

• Demonstrate a good knowledge of the Racing Rules of Sailing (RSS) and a

proper understanding of their definitions and application.

• Recognise the principles of the RRS 14, 15, 16.

• Demonstrate a willingness to accept the RRS as written, including NoR and Sl’s..

• Comment on and recommend changes to the NoR or SI’s and ensure they comply

with the requirements in the RRS (Appendix J, K, L,).

• Identify all the RRS that have been broken within a hearing (or arbitration).

• Identify the precise moment of rule transition.

• Identify situations where redress or exoneration is appropriate.

• Find and link Case Law to the situation and apply it correctly.

Regional Judge Seminar64

Practical Judge Assessment

Australian Sailing |

• 3.0 Hearings

• Follow the correct procedures to facilitate arbitration

• Ask pertinent questions based on getting to the relevant facts.

• Demonstrate the ability to identify, sequence and record the key facts.

• Uses internationally acceptable terminology to expresses an opinion that

contributes meaningfully to the discussions in the jury room.

• Successfully identify the primary RRS that have been broken.

• Come to a logical conclusion and a proper decision.

• Accept a majority decision.

• Accurately explain the outcome of the hearing to the parties.

Regional Judge Seminar65

Practical Judge Assessment

Australian Sailing |

• 4.0 Chairing Hearings

• Choose suitable location, equipment, notice boards, and Protest Committee Members for hearings

• Suitably assigns task such as scribe, witness getter and other tasks to PC Members

• Welcomes correct parties and observers (if applicable), and introduces PC members.

• Exercise an awareness of conflict of interest issues (RRS 63.4) and resolves any related matters

that might arise after asking Parties if they object to any PC members.

• Demonstrate empathy with competitors.

• Deals with validity issues and satisfactory resolves any questions and with PC reaches appropriate

decision.

• Follows correct procedure for conducting the hearing, taking evidence from parties and any

witnesses. (Acknowledging RRS Appendix M).

• Directs or assists PC members as needed in reaching a decision and identifies any relevant World

Sailing cases.

• Completes appropriate paperwork for posting of hearing results and notifying scorers and other

relevant people.

Regional Judge Seminar66

Practical Judge Assessment

Australian Sailing |

• 5.0 Communications

• Listen and take into account fellow jurors’ opinions and observations

• Succinctly express an opinion that contributes meaningfully to the discussions in

the jury room.

• Communicate clearly and calmly with colleagues, competitors and organisers

using internationally acceptable terminology.

• Accurately recall and describe an on-water incident after the event, both afloat

and ashore. (If applicable) .

• Communicate with the Scorer and prepare a scoring change form.

• Treat all Jury Room matters as highly confidential and refrain from unauthorised

communication with the competitors, media or external parties.

Regional Judge Seminar67

Practical Judge Assessment

Australian Sailing |

This concludes the seminar:

• Enjoy the Journey.

• Consider who you know that can help you – as a mentor.

• Have fun and good luck!

Regional Judge Seminar68

Australian Sailing |

The End

69 Regional Judge Seminar