Extract from FINA Rules 2017 Presentation

Protests and Complaints September 2017 Aims and Objectives

• To understand what a Protest is and how it is dealt with

• To understand what a Complaint is and difference

• To discuss other relevant matters FINA Rules Update 2017

Protests and Complaints Learning Objectives

By the end of this session you should understand:

What a protest is The requirement for a Jury of Appeal What a complaint is The referee’s in the room will also know how to deal with a Protest or Complaint Protests

FINA General Rule 9.2 Swim (SE) Judicial Rule 101 (SASA) R11 Swim (SW) As per FINA FINA General Rules (GR 9.2)

GR 9.2.1 Protests 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. Protests(Swim England & )

• A protest is an allegation that the Laws, Regulations, Technical Rules or the Promoter’s conditions governing a competition have not been complied with or have been misinterpreted

• FINA GR 9.2 (The same for Swim Wales) • SE Judicial Laws 101 (Swim England Handbook) Protests (SASA)

• Promoter C15.1.1 If the rules/regulations for the conduct of the competition as organised by the Company are not observed.

• Health and safety C15.1.2 If other conditions endanger the competition as organised by the Company and/or competitors.

• Technical rules C15.1.3 Against a decision of a Referee appointed by the Company. However, no protest shall be allowed against decisions of fact. Question Of Fact 1?

A Protest CANNOT be made against a decision of the Referee or any official regarding:

• Placing • Fouling • Any other facts of a competition (e.g. observed Stroke violations) Question of Fact 2?

The Referee’s interpretation of the following must be accepted at the time (but may be the subject of a protest):

• Law • Technical rules • Promoters conditions Who can make a Protest?

A Protest may be made by:

• The Responsible Team Leader (FINA GR 9.2.2) • However, – SE Judicial Regulations (101.2) also allow a protest to be made by a competitor (who may nominate another person to act on their behalf), a club, body or official taking part in the competition - So in effect anyone at the event can make a protest. – Under Scottish Swimming (R11.1.1) Made by a competitor, or an individual acting on the competitors behalf. FINA General Rules (GR 9.2)

How is a Protest made: GR9.2.2 Protest must be submitted: (a) to the referee, (b) in writing on FINA Forms, (c) by the responsible team leader, (d) together with a deposit of five-hundred (500) Swiss Francs or its equivalent, and (e) within thirty (30) minutes following the conclusion of the respective event or match. Swim England/Scottish Swimming

How is a Protest Made

Protest must be submitted: • To the Referee, • In writing on the appropriate form (if available), • With the appropriate deposit (if applicable), • Within 30 minutes following the conclusion of the respective event or match . UNLESS • The reason for the protest is known before the event Such a protest must be made as soon as reasonably practicable before the event starts. Protest-Right of Appeal

• If a party to a protest does not agree with the Referee’s decision they have the right of appeal to a Jury of Appeal.

• Under SE Regulations General 415.3, wherever practicable, a Jury of Appeal shall be appointed for all licensed meets including County events.

• If a Jury of Appeal is not appointed: • An Appeal may be lodged with the Judicial Administrator (ASA). • No Further Action (SASA & Swim Wales). Jury of Appeal (1)

• The General regulations covering the Jury of Appeal can be found in the Swim England Handbook or in the online version. • 415.2 Such a jury shall comprise three persons of whom normally at least one must be familiar with the discipline concerned, who shall not undertake any other duties at the meet. The Sport Governing Board may from time to time issue policy guidelines on the required qualifications and experience for such appointments • 415.4 If a Jury of Appeal is appointed for any competition comprising swimming races, a Chairman shall be appointed and empowered from the date upon which entries to that competition close • 415.5 Any hearing shall take place as soon as it is practicable after the appeal against the referee’s decision on a protest has been received. • 415.6 The decision of a Jury of Appeal properly constituted and duly appointed under this Regulation 415 shall be final. Jury of Appeal (2)

• Given 415.3 and the 415.2 there is now “where practicable” a need for three further officials to help out at the event. It is realised this this will place further strain on organisers already stretched pool of volunteers • However liaison with the Judicial Department at Swim England has established that the staffing of a Jury of Appeal is very important. They advise that once the event has finished and an appealed protest has not been dealt with at an event, there is little or nothing that can be done post event, as the current processes/policies/judicial rules do not allow action to be taken to address any unfinished protest • Of course the by-word is “where practicable” if you haven't got the available staff or there aren't people poolside with the required qualifications who haven't had duties at the event, then it can’t be done, just remember the possible pit falls. Jury of Appeal (SASA)

R11.1.3 A Jury of Appeal shall consist of at least three individuals. Each jury member shall have one vote(except as provided in section R11.3.2 )and in the case of equality of voting the chair may exercise a casting vote. R11.3.2 A jury member is allowed to speak but not to vote on a case in which the interest of their own District or club is involved. A jury member having acted as an official is not allowed to vote on a case. R11.3.3 The Jury of Appeal shall be appointed as defined in Company regulations. R11.4.1 The decision of the Jury of Appeal is final

COMPLAINT

• Dealt with by home countries under their own constitutions • A complaint is a formal expression of dissatisfaction with the actions or behaviour of any person • This includes: An individual organisations or a club or other body, or organisation or with alleged unfair practice in connection with the sport.

Swim England - see Judicial Laws 102.1. Scottish Swimming - see R 12.0. Swim Wales - refer to current polices Grounds for Complaint

• Serious misconduct; – being any action, behaviour or practice which may bring the sport into disrepute • Maladministration – or breach of Laws or Rules, or the rules of a Club, body or organisation etc • Breach of Code of Ethics – or equivalent Who can make a Complaint

Swim England • Member aged 18/over, or person with parental responsibility of a member under 18 years on their behalf. Affiliated club, body, County, Region or organisation • Board or Committee of the ASA, Region, County • Person officiating at an event Who can make a Complaint

Scottish Swimming - R12.1 SASA Life Members. Members of Clubs, which are directly affiliated to SASA and affiliated to a SASA District. Individual or Associate Members directly affiliated to SASA. Honorary Members A parent or guardian on behalf of a member under the age of 16 years. Any individual. Any affiliated club. Who can make a Complaint

• A decision shall be made if the complaint or protest appeal should be allowed by: – Swim England - The Judicial Commissioner – Scottish Swimming - Complaints Panel

• Remember that there are exceptions for child welfare in all Home Nations regulations

• Complaints should be submitted not later than 30 days after the incident. Complaint - Process

Does it allege serious misconduct liable to bring sport into disrepute? • If so refer it to be heard before a Discipline Committee •If less serious, refer it so it can be dealt with under dispute resolution A complaint will not be heard if; • It does not meet the criteria or It is trivial, unreasonable, vexatious, or not of concern to SE/SS/SW • Allegation not appropriate to be dealt with by Judicial System • Should be referred to outside body or other procedures e.g. Child Protection (SE WavePower) Learning Objectives

Summary: To understand: – What a protest is – How it is made/dealt with – The requirement and appointment of a Jury of Appeal – What a complaint is – How to deal with it Have they been met?

The floor is yours for questions on any relevant subject

I have the last word on whether or not the topic is relevant to the session!!!!!