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3:15 AM Mon 23 Feb 2009 GMT
A hearing panel appointed by the United States Olympic Committee (USOC) issued a decision Friday that states the provisions of the International Sailing Federation's (ISAF) Racing Rules of Sailing governing the conduct of protests and requests for redress do not comply with the Ted Stevens Olympic and Amateur Sports Act and USOC Bylaws.
Based on an initial reading of this decision, US Sailing, the national governing body of the sport, believes the panel's directives, if implemented, will fundamentally change how the sport of sailboat racing is conducted in the United States.
In its decision, the USOC panel adopted arguments presented by the attorneys of a competitor at the 2007 U.S. Olympic Trials - Sailing that would require protest committees to consist of at least 20 percent athletes and that the well-established provisions in the Racing Rules of Sailing concerning the conduct of protest and redress hearings violated U.S. law.
This is the second of two complaints against US Sailing filed with the USOC by the same athlete. The first complaint was dismissed when the arbitrator granted US Sailing's motion to dismiss on the basis that the protest hearings complied with all due process requirements and that the protest committee's decision was a 'field of play' decision not subject to review.
One year after the filing of the second complaint and nine months after the arbitrator dismissed the first complaint, the USOC hearing panel concluded that the sport of sailing does not comply with the USOC bylaws.
The USOC's decision requires US Sailing to amend portions of ISAF's Racing Rules of Sailing pertaining to protests and redress in the U.S. regarding the following issues:
1. All protest committees at protected competitions, which is defined as any competition for which US SAILING designates an athlete to represent the U.S., are required to include at least 20 percent 'elite' athlete representation. [The USOC bylaws define 'elite' athlete on their web site: teamusa.org/content/index/1585.]
2. All protest committees at all other competitions must include at least 20 percent athlete representation;
3. Protest committees must permit every competitor the opportunity to participate as a party in every redress hearing; and
4. Protest committees must permit competitors to present testimony in ways currently prohibited by the Racing Rules of Sailing.
The changes required by the decision would fundamentally change the process for resolving protests and requests for redress, which has served the sport well for many decades. The ruling affects every event hosted in the U.S., regardless of level of competition.
Not only would it alter the way thousands of events are run at the grass-roots level, the sport would be conducted differently in the U.S. than at the Olympic Games or in any other country in which sailors compete. This could affect the U.S.'s opportunity to attract any international class' world or continental championships, because the threshold for protest committee composition would be significantly harder to achieve.
As a result, American sailors would have fewer opportunities to compete in high-level international events domestically.
In addition, U.S. sailors would be at a disadvantage when traveling outside the U.S. to compete, where they would sail under a different set of rules than the one this ruling would create in the U.S.
'This is a landmark decision that could conceivably have a wide-ranging effect on the way we race sailboats,' said Jim Capron, President of US Sailing.
'This goes well beyond the Olympic Trials and could affect every sailboat race in the U.S., including every Olympic and Paralympic class event, championship and, most significantly, every yacht club weekend race, in which there is a limited but dedicated number of volunteers.'
US Sailing is currently reviewing all available options before deciding how to respond to Friday's decision.
by Marni Lane, US Sailing
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Wilsons Promontory, VIC
