April 15, 2008

US SAILING Statement on Second Rios-Hall Hearings

US SAILING announced today that the jury for the U.S. Olympic Team Trials for Sailing in the RS:X Women’s event rendered its final decision in requests for redress brought by Nancy Rios (USA 323) and Farrah Hall (USA 3). As a result of these decisions, Nancy Rios (Miami, Fla.) will be nominated to the United States Olympic Committee to represent the United States at the 2008 Olympic Games.

At issue in both hearings were a tear in Ms. Rios’ sail and time Ms. Rios lost recovering from a collision at the start of the 16th and final race of the U. S. Olympic Trials. The other competitor was required to keep clear and retired after finishing. Ms. Rios was winning the regatta at the time, and was in second place in the 16th race when her sail was torn and forced into the water. Ms. Rios and Ms. Hall agreed that the sail was torn and that Ms. Rios lost time recovering her sail. Ms. Hall argued, however, that Ms. Rios’ fourth place finish in the 16th race was not affected by the tear or the time Ms. Rios lost recovering her sail.

The jury heard nearly nine hours of testimony on April 8, 2008 on Ms. Rios’ request for redress. Ms. Hall’s attorney was present throughout that hearing as an observer. The jury called Ms. Hall and four other witnesses at Ms. Hall’s request. After considering all of the testimony, and 414 photos and other written evidence presented by Ms. Hall, the jury determined that Ms. Rios was entitled to redress. Ms. Hall then filed her own request for redress, claiming that the jury was wrong.

In her request for redress, Ms. Hall objected to the jury since it had decided Ms. Rios’ request for redress. The jury concluded that the Racing Rules of Sailing permitted the jury to consider Ms. Hall’s request for redress. The hearing on Ms. Hall’s request for redress commenced at 9 AM on April 9, 2008 and concluded at 10 PM the same evening.

Ms. Hall was represented by her attorney, Doug Smith, throughout the hearing on her request for redress.

Ms. Rios, who was not represented by an attorney, also provided testimony in the hearing on Ms. Hall’s request for redress.

When US SAILING called Ms. Hall’s consultant, John Bertrand, to testify about analyses he prepared and about which Ms. Hall had difficulty testifying, Mr. Bertrand declined to do so claiming “attorney confidentiality.” Mr. Bertrand is not an attorney.

All five members of the jury testified and were questioned by Ms. Hall’s attorney. The three members of the jury present at the trials testified concerning their observations of the incident. All five members of the jury testified that they approached the 22 hours of testimony on the requests for redress filed by Ms. Hall and Ms. Rios with no preconceived notions or bias. When asked for evidence of jury bias, Ms. Hall said that she had none.

Two representatives of the United States Olympic Committee were present as observers throughout Ms. Hall’s hearing.

US SAILING was represented by Charley Cook, a partner in the law firm Morrison Mahoney LLP. Mr. Cook is an ISAF International Judge and US SAILING Senior Judge, and served on the International Jury at the 2004 Olympic Regatta in Athens.

The jury recessed at 10 PM after having been presented with the sail (by Ms. Rios) and over 400 photos and written evidence from Ms. Hall, hearing the testimony of all witnesses and hearing closing statements from attorneys for Ms. Hall and US SAILING.

On April 14, 2008 the jury issued its decision on Ms. Hall’s request for redress. The jury concluded that Ms. Hall was not entitled to redress and confirmed its decision that Ms. Rios’ finishing place in Race 16 was made significantly worse through no fault of Ms. Rios by the tear in her sail and the time lost recovering her sail. The redress awarded was Ms. Rios’ average finishing place in the preceding 15 races.

Jim Capron, US SAILING’s President, commented that “the jury spent an extraordinary amount of time taking evidence and considering the claims of Ms Rios and Ms. Hall.” Capron continued: “The jury took on this challenge with all the skill, empathy and diligence that could ever be expected of any volunteer at the highest levels of sport. We are grateful for their selfless efforts.”

On learning that the jury had issued its decision, Dean Brenner, Chairman of the US SAILING’s Olympic Sailing Committee, said: “As a result of the jury’s decisions Nancy Rios will be nominated to the United States Olympic Committee as a member of the 2008 U.S. Olympic Team.” Brenner continued “Both athletes had ample opportunity to present their full case before an experienced, impartial jury. We hope that Ms. Hall will now help Ms. Rios prepare for the Olympic Regatta this summer”

Please click here to download the following items (all in PDF):

• Ms. Rios’ Request for Redress
• Jury Decisions
• Notices of Hearing (Ground rules applicable to both hearings)
• Ms. Hall’s Request for Redress

About US SAILING

The United States Sailing Association (US SAILING) is the national governing body for sailing. Founded in 1897 and headquartered in Portsmouth, Rhode Island, the organization provides leadership for the sport of sailing in the U.S. US SAILING offers training and education programs for instructors and race officials, supports a wide range of sailing organizations and communities, issues offshore rating certificates, and provides administration and oversight of competitive sailing across the country, including National Championships and the U.S. Olympic and Paralympic Sailing Teams. For more information, please visit www.ussailing.org.


For further information, contact;

Charles A. Cook
Partner
Morrison Mahoney LLP
250 Summer Street
Boston, MA 02210
Direct dial: 617-439 7505
Fax 617-342-4855
Email: ccook@morrisonmahoney.com

(End)