Hearing #01

Hearing #01

Guy Selsmeyer vs Race Committee

Hearing Type: redress

Hearing Status: denied

Initiated By: Guy Selsmeyer


Respondent(s)


The Incident

When / Where: Do not have international safety at sea for each crew have only offshore, (simply missed the difference, was excepted as is last year so did not catch the difference until pointed out couple hours ago), asking that entry be allowed based on experience.

Description: Simply missed international vs offshore cert

Rules Alleged Broken: International safety at sea requirement

Witnesses
    No witnesses

Files
    No files uploaded

Validity

Objection To Jury: Yes

Incident Identified: Yes

Red Flag Displayed: Yes

Within Time Limit: Yes

Proper Hail: Yes

Is Valid: Yes

Procedural Matters

Hearing held at 15:30 CT 7/20/23. No issues with validity, hearing proceeded as redress.

Facts Found

1. NOR 4(e), posted February 1, 2023 states, “Acceptance of an IC’s entry shall be contingent upon the completion of all entry items in NOR 4.”

2. NOR 4(s), posted on February 1, 2023 states:

"s. Double-Handed Crew – If sailing in the Double-Handed Division, the following additional requirements must be satisfied: 2) Safety Training – Both crew must hold one of the following Safety at Sea Training Certificates that is valid through the start of The Race:

a) A valid U.S. Sailing International Offshore Safety at Sea with Hands-On Training Certificate, or

b) An equivalent valid Certificate issued by another World Sailing Member National Authority."

3. Elvis completed all entry requirements except safety at sea, final crew profile, final crew list, and crew safety at sea. Registered with 2 crew members and paid the entry fee at 1259:51 on 6-1-23.

4. Guy Selsmeyer holds a US Sailing Offshore Safety at Sea certificate that expires after the race.

5. Guy Selsmeyer has not taken International Safety at Sea Offshore hands-on training. 6. Kurt Korte holds holds a US Sailing Offshore Safety at Sea certificate that expires after the race. 7. Kurt Korte has not taken International Safety at Sea Offshore hands-on training. 8. At registration, Elvis did not meet the requirements of NOR 4(s). 9. Elvis was denied entry.

Conclusions

1. Both Crew do not hold a valid U.S. Sailing International Offshore Safety at Sea with Hands-on Training Certificate, nor do they hold an equivalent valid certificate from another World Sailing Member National Authority, failing to satisfy NOR 4(s)(2)(a) or (b), therefore Elvis does not meet the requirements for entry.

2. There was neither an improper action nor omission of the organizing authority. Therefore, the requirements for redress in RRS 62.1(a) are not met.

Decision

Redress is not given.

Reason

  1. Both Crew do not hold a valid U.S. Sailing International Offshore Safety at Sea with Hands-on Training Certificate, nor do they hold an equivalent valid certificate from another World Sailing Member National Authority, failing to satisfy NOR 4(s)(2)(a) or (b).

  2. Elvis does not meet the requirements for entry in Notice of Race 4. 3. There was neither an improper action nor omission of the organizing authority. Therefore, the requirements for redress in RRS 62.1(a) are not met.