Appeals

No Appeal (Rule 70.5) Procedures & Events

US Sailing Procedures for Denying the Right of Appeal at Sailing Events

US Sailing’s Prescription to Rule 70.5(a) requires its approval if the right of appeal is to be denied in cases where “it is essential to determine promptly the result of a race that will qualify a boat to compete in a later stage of an event or a subsequent event…”

These procedures outline the process by which US Sailing’s permission may be granted, and the requirements with which an organizing authority and protest committee must comply once permission has been granted to balance the need for certainty of results in some events with the desirability of retaining the right to appeal to the greatest practical extent.

Please feel free to email the Race Administration Director or call 401-342-7948 if you have any questions.

I.  Application

1.1 An organizing authority seeking permission to deny the right of appeal under Rule 70.5(a) shall apply online: Rule70.5(a) No Appeal Event Application.

1.2 Permission should be sought before the Notice of Race has been posted or distributed and, in any case, no less than thirty (30) days in advance.

1.3 US Sailing will review the application and grant its permission if the requirements set forth in these guidelines have been met.

1.4 If US Sailing grants permission, it will advise the Organizing Authority in writing and list the event online.

1.5 Blanket Exceptions Granted by US Sailing:

  • All events hosted by, and limited to members of, the Interscholastic Sailing Association (ISSA) and the Intercollegiate Sailing Association (ICSA) are granted blanket permission to host no-appeal events and a waiver of these requirements, provided that the denial of appeal is stated in the Notice of Race and posted on the official notice board of the
  • If the organizing authority for a US Sailing Championship Qualifier complies with the requirements for a Reopening Hearing at a Championship Qualifier, the right to appeal the decision of a protest or a request for redress may be denied without complying with the requirements for a no-appeal event in this Competitors at such events may, however, appeal the decision of a hearing under rule 69.

II.  Requirements

2.1 Organizing Authority – The organizing authority shall be a member of US Sailing at the time of application and at the time of the event.

2.2 Protest Committee Composition – The protest committee shall consist of no fewer than three people, the majority of whom shall be currently-certified World Sailing International Judges or US Sailing National Judges. No member of the protest committee may have a conflict of interest as that term is defined in The Racing Rules of Sailing.

2.3 Independent Protest Committee – All members of the protest committee shall be independent of the race committee and organizing authority. No member of the protest committee may serve as a member of the event organizing committee or the race committee.

2.4 Protest Committee Chair – The protest committee chair shall be a US Sailing National Judge or a World Sailing International Judge.

2.5 Substitution of Protest Committee Members – If one or more protest committee members are unable to participate, the organizing authority may replace them so long as the reconstituted protest committee complies with these procedures and requirements.

2.6 Multi-Class Events: Permission Limited to Applicable Class(es) – In multi-class events US Sailing’s permission to deny the right of appeal under rule 70.5(a) will be limited to those classes in which it is essential to promptly determine the result of an event that will qualify a boat to compete in a later stage of an event or a subsequent event.

III.   Qualification for a Subsequent Event

3.1 Period Between Events – The event for which permission to deny the right of appeal is sought shall be no more than six months in advance of the subsequent event.

IV.  Qualification Series for Advancement in the Same Event

4.1 Permission Limited to Qualifying Series – At events with a qualification series that leads to entry into another phase of the same event (such as qualification for a gold or championship division), US Sailing’s permission to deny the right of appeal under rule 70.5(a) will be limited to the qualifying series.

V. Notice of Race and Sailing Instructions

5.1 Content of Notice of Race and Sailing Instructions – The Notice of Race and the Sailing Instructions for an event for which permission has been granted shall include the following: In conformity with rule 70.5(a), decisions of the protest committee are final. US Sailing's permission has been granted. If the requirements are not met, the decisions of the protest committee may be appealed.

5.2 Addition to Notice of Race and Sailing Instructions – Qualifying Series only – In addition to the content stated in 5.1, the Notice of Race and Sailing Instructions shall include the following statement: US Sailing’s permission is limited to the qualifying series. Competitors may appeal decisions of the protest committee in the (gold/championship) series.

5.3 Addition to Notice of Race and Sailing Instructions – Multi-Class Events –  In addition to the content stated in 5.1 above, the Notice of Race and Sailing Instructions for multi-class events shall include the following statement: US Sailing’s permission is limited to the following classes: (list applicable classes). Competitors in other classes may appeal decisions of the protest committee.

5.4 Availability of Notice of Race – The Notice of Race must be distributed or made readily available online at least 15 days prior to the start of the event.

V.   Rule 69 Hearings

5.1 US Sailing Contact Judge – At the time the Organizing Authority is granted permission to deny the right of appeal under rule 70.5(a), US Sailing will designate a primary contact judge who will be available by phone or video conference to discuss any matters that may arise.

5.2 Consultation with US Sailing – Before calling a hearing under rule 69, the Protest Committee shall consult with the US Sailing contact judge assigned to the event.

5.3 Conduct of Rule 69 Hearing – The Protest Committee shall follow the advice of US Sailing’s designee with respect to the rule 69 hearing. Depending upon the circumstances, that advice may be to proceed with the hearing using the Protest Committee as constituted, to add one or more members to the Protest Committee, to reconstitute the Protest Committee, or to refer the matter to US Sailing for potential action.

VI.    Effect of Non-Compliance with These Requirements

6.1 Failure to Obtain US Sailing Permission – Any provision in the Notice of Race or Sailing Instructions attempting to deny the right of appeal under Rule 70.5(a) at an event for which US Sailing’s written permission has not been granted is void.

6.2 Failure to Comply with These Requirements – US Sailing’s permission is void if the Organizing Authority or the Protest Committee fails to meet the requirements in these guidelines.

VII.    Special Circumstances

7.1 Exceptions – US Sailing may grant exceptions in rare circumstances. Requests for exceptions will be considered by a committee composed of the Chair of the Appeals Committee, the Chair of the Judges Committee, the Chair of the Race Management Committee and the Race Administration Director.

7.2 Notice – Notice of an exception, and the conditions of the exception, will be posted on the List of Approved Events at US Sailing's Rules/No Appeal page.

VIII.    Modifications

8.1 Changes to These Guidelines – The guidelines will be reviewed periodically and may be modified from time to time.

8.2 Effect of Modifications – Generally, any modification will have no effect on events for which permission has already been granted. If a modification is applicable to an event for which permission has been granted, the Organizing Authority will be notified by US Sailing.

Rev. 9/2023

 

Approved Events

The following events have been granted permission by US Sailing to deny the right of appeal under rule 70.5(a):

Palmer Trophy Qualifying Series - April 13-16, 2024

Event: Palmer Trophy Qualifying Series
Date: April 13-16, 2024
Venue: Newport Harbor Yacht Club, Newport Beach, CA
US Sailing contact: Steve Wrigley, IJ, IU

USODA Team Trials - April 14-21, 2024

Event: USODA Team Trials
Date: April 14-21, 2024
Venue: San Francisco Yacht Club, San Francisco, CA
US Sailing contact: Jim Capron, IJ

Baldwin Cup Qualifying Series - April 17-20, 2024

Event: Baldwin Cup Qualifying Series
Date: April 17-20, 2024
Venue: Newport Harbor Yacht Club, Newport Beach, CA
US Sailing contact: Pat Healy, IJ

USODA Nat'l Championship & Girls Nat'l Championship Qualifying Series - July 22-30, 2024

Event: USODA Nat'l & Girls Nat'l Championship Qualifying Series
Date: July 22-30, 2024
Venue: Sandusky Sailing Club, Sandusky, OH
US Sailing contact: TBA

 

 

 


 

 

The following events have been granted permission by US Sailing to deny the right of appeal under rule 70.5(b):

 

Blanket Permission Events Under Rule 70.5

All events hosted by, and limited to members of, the Inter-Scholastic Sailing Association (ISSA) & Inter-Collegiate Sailing Association (ICSA) are granted blanket permission to deny the right of appeal and a waiver of the requirements concerning composition of protest committees, provided that the denial of appeal is stated in the Notice of Race and Sailing Instructions and is clearly posted on the official notice board.

Additionally, Area-qualifying events for US Sailing Championships are granted blanket permission to deny the right of appeal under rule 70.5(a) and a waiver of the requirements concerning composition of protest committees as required by US Sailing’s No-Appeal process, provided that: 1) the denial of appeal is stated in the Notice of Race and Sailing Instructions, 2) the Area Re-Opening Procedure requirements are met, and 3) the requirements for appointment of race officials in US Sailing Regulation 10 are met. However, a decision resulting from a hearing under rule 69.2 may be appealed.

Procedure for Reopening a Hearing at a “No Appeal” Area Qualifier

The following language must be in the Sailing Instructions and Notice of Race of all qualifiers for US Sailing Championships. This will apply to all protests and requests for redress involving those sailors moving on, not just those sailing for the finals because any party can be party to a protest. (In other words, a sailor who is not sailing for the championship qualifier protesting against someone who is because it could change the results.)

PROTEST AND APPEALS

  • Under rule 70.5(a), there shall be no appeal of the decision of a protest or request for redress. However, a decision following a hearing under rule 69.1(a) may be appealed.
  • Email and phone contact information for the helm of each boat entered and for the chairmen of the Protest Committee and the Race Committee shall be posted on the official notice board at all times during the event.
  • Rule 65.2 is changed as follows:
    • 65.2 A party to the hearing is entitled to receive the above information in writing, provided she asks for it in writing and hand-delivers her request to a member of the protest committee no later than the protest time limit on the last day of racing or one hour after being informed of the decision, whichever is later. The committee shall then, within two hours, hand-deliver the information to the party, including when relevant, a diagram of the incident prepared or endorsed by the committee.

REOPENING A HEARING – Rule 66 is Changed

  • 66.1 The protest committee may reopen a hearing when it decides that it may have made a significant error, or when significant new evidence becomes available within a reasonable time. A party to the hearing may ask for a reopening no later than 24 hours after being informed of the decision. When a hearing is reopened, a majority of the members of the protest committee shall, if possible, be members of the original protest committee.
  • 66.2 Area Qualifier Reopening
  • 66.2(a) A party to a hearing of a protest or request for redress may request an Area Qualifier Reopening. The request shall be in writing and include the significant error that the party believes the protest committee made or the nature of the significant new evidence that is available. The request shall be made no later than 24 hours after the hearing or 24 hours after the protest time limit on the last day of racing, whichever is later. The request, along with copies of the original protest or request for redress, the facts found, the decision of the protest committee, any new evidence that cannot be presented verbally, and email and phone contact information for all parties to the hearing as well as the chairman of the protest committee, shall be sent by e‐mail to the US Sailing Championships Director, Betsy Alison, and the US Sailing Championships Chair, swmadero@aol.com. The hearing shall be reopened when the foregoing information is received by the Director and Chair.
  • 66.2(b) The protest committee for an Area Qualifier Reopening shall consist of the chairman of the original protest committee plus four certified judges appointed by US Sailing. A majority of the committee’s members shall be Senior or International Judges. US Sailing will appoint its chairman.
  • 66.2(c) An Area Qualifier Reopening will be conducted by telephone conference call. The time and date for the conference call shall be established by the chairman as soon as practicably possible and no later than seven days after the request for reopening is emailed. The chairman will email to the parties to the hearing the request for reopening, the facts found, the decision of the protest committee, the time and date of the hearing, the process for joining the call and any other relevant documents.

Reopening Procedure for Area Qualifiers