Protest & Jury of Appeal

GR 9.2.1 Protest are possible

• If the rules and regulations for the conduct of the competition are not observed
• If other conditions endanger the competitions and/or competitors, or
• Against decisions of the referee; however, no protest shall be allowed against decisions of fact.
  • Statementoffact–Theswimmerdidn’tstarttherace,leftthewaterordidnotfinishtherace.
  • Judgement decision – Non-simultaneous touch. The official is making a judgement of what they see/saw and it therefore isn’t a statement of fact.

Protest Process

• When DQs are announced, a coach’s initial exchange with the Referee may simply be seeking for more information regarding the disqualification.
• If the coach disagrees with the decision made, the Referee should be calm, professional and try to resolve the disagreement.
• If the Coach/Team Leader is not satisfied with the outcome of the discussion, the Referee can advise them to submit a written protest.
• Protest forms are generally kept with the clerk of course.
• The protest must be received within 30 minutes following the conclusion of the respective event. Referees must be diligent in recording finish times of all events.
• The Referee will record the time the protest was received on the protest form.
• The Referee will then make a decision to accept or reject the written protest and provide a written rationale for their decision on the protest form.
• A copy of this written decision will be provided to the coach/team leader. If they accept this decision, the matter is closed. If they do not accept the decision, they can request the protest move to a Jury of Appeal.

Protest & Jury of Appeal

Reference document for Meet Managers, Referees & Competition Coordinator

Jury of Appeal Process

• Clerk of Course should notify Meet Manager/Referee of the potential protest when form is picked up by a coach.
• Meet Manager and Competition Coordinator can pre-select officials not involved in the disqualification, should a Jury of Appeal be required. A coach can also be selected to be a member of the Jury if previously arranged & available with no bias.
  • The pre-selection will ensure a timely formation of a Jury of Appeal if required.
• If the written protest is not accepted by the Referee, the Coach may request the matter go to a Jury of Appeal
• Meet Manager and 3 – 5 jury members meet in private as soon as feasible.
• Review overall Jury purpose especially if a coach is a member of the Jury
• Review the DQ card, written Protest Form and rulebook.
• Determine who to meet with; Protestor, Referee and Official(s) involved in the call and in what order they wish to meet.
• Based on discussions with those involved, protest is upheld or overturned by majority vote.
• The Jury must provide a rationale for the decision reached.
• Paperwork completed and appropriate individuals informed.
  
  • Only the Jury Record is to be kept (all notes should be destroyed).
  • The Jury record should include all witnesses’ names and rationale for the decision reached.
  • The Chairperson should inform the protestor and referee (not the Jurors)

Role of the Chair

• Arrange for a quiet area to hold the Jury
• In consultation with the Competition Coordinator select a Jury which may include a coach if appropriate
• Review the overall purpose of the Jury of Appeal with the Jurors
• Retrieve witnesses for the Jury
• Although not a voting member, keep the jury on track and focused on what was in the written protest and that their decision is based on the written protest
• Deliver Jury decision (and paperwork) to protestor, referee & competition coordinator

Jury of Appeal Purpose

• The Jury of Appeal must ensure that
  • the rules and regulations for competition are observed
  • the conditions of the competition are safe for all competitors & participants
  • the decisions of the referee are fair and accurate
• Jury members must be impartial and objective in considering the protest and reaching their decision
  • When questioning witnesses they should not ask leading questions but stick to questions regarding the protest and infraction – the facts as they are presented.
  • The protester shall be given an opportunity to present their case to the jury

Resources

Protest & Jury of Appeal Form

Swimming Canada Rule Book - GR9.2 & GR9.3