PROTESTS & THE JURY USRowing Referee Clinic Spring Season 2009

PROTESTS  With rare exceptions, someone claims unfair treatment  Referees are responsible for fairness of racing, we must consider protests seriously and integral part of restoration of a crew’s opportunity  Only matters that affect the substantial rights of a crew are subject to protest  Matters subject to protest Crew claims that the race was not fair or proper Crew claims that the race was not fair or proper Crew claims that Rules of Racing were not followed Crew claims that Rules of Racing were not followed Opportunity of winning was unfairly deprived Opportunity of winning was unfairly deprived

PROTESTS  Findings of FACT are not subject to PROTEST False Start called by Judge at Start False Start called by Judge at Start Crew out of its lane as seen by the Referee Crew out of its lane as seen by the Referee Order of Finish as determined by the Chief Judge or Judges at the Finish Order of Finish as determined by the Chief Judge or Judges at the Finish Protests of a race are lodged by a crew member at the end of a race with the referee on the water EXCEPT in the following

PROTESTS  Unusual situations – crew hit submerged object disabling the shell; crew hit submerged object disabling the shell; crew swamped by wash; crew swamped by wash; race started ahead of schedule before the crew arrived at the Start race started ahead of schedule before the crew arrived at the Start  ON LAND with the Chief Referee – ineligible competitor(s) unable to launch due to overtaxed launch area schedule changes not communicated lightweight weigh-ins issues

PROTESTS  AT THE START with the STARTER – Protest an exclusion due to late to line without a reason, plus a false start Protest an exclusion due to late to line without a reason, plus a false start polling restart of a race when the original start was a countdown polling restart of a race when the original start was a countdown  NO matter WHERE the protest is lodged – the Official with WHOM the protest is lodged should make a decision consistent with the Rules of Rowing or Regatta Instructions

PROTEST & JURY  “Do's” Receive a protest at the end of the race, DO make a decision. If the issue moves on, it is the DECISION the jury must resolve not necessarily the entire issue Receive a protest at the end of the race, DO make a decision. If the issue moves on, it is the DECISION the jury must resolve not necessarily the entire issue If the Chief Referee, DO attempt to resolve the protest with the crew and/or the coach, use an OMBUDSMAN to resolve issues, if one is assigned If the Chief Referee, DO attempt to resolve the protest with the crew and/or the coach, use an OMBUDSMAN to resolve issues, if one is assigned DO refer significant issues to the Jury for decision DO refer significant issues to the Jury for decision DO thank witnesses at a protest hearing for their participation. Win or lose, they will feel better when they think they had a fair hearing and their statements were considered important DO thank witnesses at a protest hearing for their participation. Win or lose, they will feel better when they think they had a fair hearing and their statements were considered important

PROTEST & JURY  “DON’Ts” Accept protests which were NOT made on the water, EXCEPT, for those rare cases mentioned earlier Accept protests which were NOT made on the water, EXCEPT, for those rare cases mentioned earlier Accept a protest from a coach or any other team member on behalf of a crew Accept a protest from a coach or any other team member on behalf of a crew Take an adversarial position Take an adversarial position Act like a clown or make wise remarks, do not take the concerns lightly Act like a clown or make wise remarks, do not take the concerns lightly Discuss the protest with anyone until it has been decided by the Jury Discuss the protest with anyone until it has been decided by the Jury

JURY  ROLE – Decide competition protests Decide competition protests Decide matters referred by the Chief Referee Decide matters referred by the Chief Referee NEED – - Provide collective wisdom on issues - A forum to allay the apprehensions of persons involved in the regatta (competitors, coaches, officials, sponsors). Jury not inclined to shoot from the hip.

JURY PROTOCOLS  The Jury is appointed by the Chief Referee before the start of racing. A minimum of three licensed officials is required. Alternate jurors should be designated in case a named member is ineligible due to involvement in the race  Apply dignified informality – witnesses and others are usually very nervous, angry or tense  Use rule always. This ensures consistency no matter the level of the regatta

JURY PROTOCOLS  Announce the time and place of the Jury hearing  Advise all parties involved of the place to inspect the written protest before the hearing  At the appointed time assemble all jurors, crews, Referees, and others as required  Each crew may have ONE representative present who may NOT be a witness. May only pose questions to the Jury for the Jury to pose to a witness

JURY PROTOCOLS  Start by introducing the members of the Jury, even though they were introduced at the coxswain’ meeting. Takes the mystery out of who is who  Let crew representatives introduce themselves  The President of the Jury MAY allow other licensed officials or bonafide candidates to observe. This privilege must be taken seriously. Inform the participants about these individuals

JURY PROTOCOLS  Following introductions, read the protest statement, or have the complainant read it  Let the complainant or any other member of the offended crew offer additional information. Ensure you ask if there is anything else to add BEFORE you let them leave  Hear additional information from: Offending crew, any other crew affected by the outcome, race officials, and any others Offending crew, any other crew affected by the outcome, race officials, and any others

JURY PROTOCOLS  Allow representatives of the crews involved to make closing remarks  Dismiss all but the Jury before starting deliberations. Trainees may be permitted to stay. The decision is based on the Rules of Rowing and the evidence presented.  After reaching a decision, it is a good policy to put the decision in writing and have Jury members sign the written decision

JURY PROTOCOLS  Reassemble all parties involved before announcing the decision of the Jury  A good practice is to announce the Jury results in the same secluded location as the Jury proceedings took place.  Deliver the protest itself, written decision, and the money to the Regatta Director (if the protest was denied). If protest upheld return the money to the crew at the time of the decision

JURY APPEALS  What are the grounds for an appeal? Actions that affected the race outcome Actions that affected the race outcome Variant from Rules of Rowing Variant from Rules of Rowing Arbitrary or capricious action by the Referee without foundation Arbitrary or capricious action by the Referee without foundation Trials – No money required; can protest based on rules of rowing, interference, or unequal racing conditions. Appeal directly to US Rowing Executive Director and Referee Committee.

JURY APPEALS  Appeal to the Referee Committee must be made within five (5) working days of the Jury decision. The Referee Committee must conduct an investigation and report a decision within ten (10) days, unless additional time is required to ensure completeness and fairness. The Executive Director of USRowing will also be informed of the situation and decision.  Jury members should keep any notes taken during the proceedings to support any review or appeal

NON-Registered Regatta  If staffing sufficient, follow the Rules of Rowing  If alone find an impartial person willing to serve on the Jury. This works for the court system!  If alone at a dual meet, simply act as a summary court. Make certain coaches understand that this is how it will be done. Remember you probably followed all the races, decide early, and be decisive.  Non Registered regattas have NO RECOURSE to the Referee Committee for any decision made at this regatta

SUMMARY  Jury serves an important role in the support of competition  Jury responsibilities and procedures are outlined in the Rules of Rowing, so use the book  The work of the Jury all too often begins when the fun ends  Know the rules, don’t shy away from Jury work, be a good listener, and you will meet the challenge!

PROTESTS & THE JURY Any Questions????