Martin wrote:



in my lazy opinion, if it doesn't affect your placing and it does get heard,
you might want to plead guilty to save a whole lot of hassle.


I think that I would do just the opposite on the basis of principal.

If the fleet captain is allowed to get away with an "oops I forgot" and
holds the initial hearing 3 months after the fact, then who knows what
he/she will be allowed to get away with next? This sets a dangerous
precidence... the next thing you know the fleet captain and PC will
start holding hearings for races from last year, or the year before.

Given drewr's posting IP address, I am assuming that drewr is talking
about a US sailing regatta, so the rest of this is directed to him/her:

I'd ask them to notify you formally, in writing, of their intention to
hold the hearing with notice of time and place. Then I'd do the following:

1. Review RRS 2001-2004, particularly:
Part 5 PROTESTS, REDRESS, HEARINGS, MISCONDUCT AND APPEALS
Part 7 RACE ORGANIZATION (89)
Appendix F APPEALS PROCEDURES
APPENDIX J – NOTICE OF RACE AND SAILING INSTRUCTIONS (J2.2 (29))
APPENDIX L – RECOMMENDATIONS FOR PROTEST COMMITTEES

2. Review US SAILING Prescriptions to 2001-04 Racing Rules of Sailing

3. Request and review the original Notice of Race and Sailing
Instructions very carefully. Note if there were any instructions
regarding protests, protest hearings, etc. Request that the FC, RC, and
PC provide you with copies of all official notices that were posted
during the regatta -- particularly those advising of any changes to the
Sailing Instructions, Rules, and/or protests.

4. Check any other class or fleet rules that might be relevant.

5. Request the names and detailed contact information of all Race
Committee, Race Officials, and Protest Committee members, witnesses,
plus a copy of the original protest form.

6. Check to see if there is an SRO in your area
(http://www.ussailing.org/racemgt/ro_search.htm) and give him/her a call
& ask for advise -- that's what they are there for.

7. Unless there are allegations of gross misconduct, in my opinion
whatever you did on the start line (if that is the basis of the protest)
3 months ago can't be worse than what the FC is attempting to do now.
Let the FC, RC, and PC know that you intend to file a formal appeal to
the national authority of the venue. Actually, a formal appeal to the
national authority might help someone else in this situation somewhere
down the road... particularly if it eventually makes it into the ISAF
casebook.

7. Attend the next YC meeting and vote the "fleet captain" out of the
club :-)


Good luck...