Appeals Procedures

APPEALING A PROTEST TO SAIL
AND US SAILING

The Racing Rules of Sailing allow parties (see exceptions below) to a protest to appeal a decision of a protest committee by filing a Notice of Appeal. Parties need not be members of US SAILING or SAIL to appeal, though different fees may apply.

Exceptions to right of appeal:
Rule 70.4 allows the right of appeal to be denied in certain instances, if so stated in the notice of race (NOR) and sailing instructions (SIs). These are:

(a) if essential to determine promptly the results that will qualify a boat to compete in a later stage .. or subsequent event.
(b) a national authority so approves for a particular event open only to entrants under its own jurisdiction
(c) the event has an international jury.

How to Appeal:

To appeal, file a written Notice of Appeal with the US SAILING Appeals Committee no later than fifteen (15) days after receiving notice of the protest committee’s decision (either written or verbal). The Notice must include the grounds for the appeal, the particulars of the incident, names of the protest committee who decided the issues, and, if available, a written copy of the protest committee’s findings and decision.

Do not enclose any money with the appeal. If the appeal is to be heard by SAIL, you will be notified of the fee.

Basis of Appeal:

Appeals may be made only on the basis of the protest committee’s decision. The protest committee’s findings will be accepted unless the appeals committee finds that they are inadequate to allow a rules determination. If this occurs the appeals committee may require the protest committee to provide additional facts or may require them to reopen the protests hearing and determine additional findings of fact.

Process:

Upon receiving & logging the appeal, US SAILING’s Appeals Committee will forward the appeal to the regional sailing association (such as SAIL) for hearing.

Upon receiving a valid appeal, the Chair of the SAIL Appeals Committee will assemble an appeals committee of disinterested persons with knowledge of the rules in an expeditious manner.

(Note: The appeal will not be heard by SAILs Appeals Committee until the appropriate fee is received.)

Parties to the protest hearing as well as the protest committee will be notified of the appeal and of their right to submit comments to the appeals committee within an established time limit. All comments will be shared with other parties to the appeal.

The appeals committee will reach a decision to either overturn or uphold the protest committee’s action or to order the protest committee to reopen the protest hearing. The appeals committee will communicate their written findings to the appellant and all parties to the protest.

Fees:

SAIL charges an appeal filing fee based on the appellant’s membership status: member of both SAIL and US SAILING, $25; US SAILING member only, $35; SAIL member only, $60; and not a member of either SAIL or US SAILING, $80. For an appeal to US SAILING (i.e., appeal of an RSA Appeals Committee's decision, request for interpretation of the rules, etc.) US SAILING charges $25 to members, $75 for all others.

SAMPLE APPEAL FORMAT

I appeal the decision of the ______________ (Organizing authority) protest committee/jury for ___________ (Event Name) on _______ (Date)

I received notice of the protest committee decision on: ________ (Date)

Protest committee members were: (List)
__________________________________________________________________________

The particulars of the incident were: (Describe)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

My grounds for appeal are: (Describe)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________ __________________________________________________________________________

I am/am not a member of US SAILING. I am/am not a member of SAIL.

US Sailing Membership Number __________________________

You may contact me: (Print name, address, phone, and e-mail.)

Signed: _____________________________________ Date: ______________

^(Signature) ^{(Date of Appeal)}

Mail written appeal to:
US SAILING Appeals Committee
PO Box 1260, 15 Maritime Drive,
Portsmouth, RI 02871-0907

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Revised: 2/28/06