News? Rumors? Innuendo?
NOTICE OF THE NEW PROCEDURE AND DATE FOR THE CONTINUATION OF THE HEARING OF CHANCE’S REQUEST FOR REDRESS IN THE 2008 QUEEN’S CUP RACE
The time has come to move forward with the controversy involving the outcome of the 2008 Queen’s Cup Race. Since the adjournment of the hearing that had been set for February 24, 2009, considerable attention has been given to the best way to proceed towards a final resolution.
The USOC Panel’s decision (http://www.farrah-ha...neldecision.pdf
) in the Farrah Hall Women’s Windsurfing Olympic Trials case on February 20, 2009, provided a road map for a final resolution of Chance’s Request for Redress. One of the things that the 2008 Queen’s Cup Protest Committee (PC) had hoped to achieve in handling this controversy was to limit the number of possible appeals before a final resolution was achieved. To help achieve this goal, it is now the intention of the PC to adopt the concept of a Class Action. At least in Wisconsin, an accepted definition of a ‘Class Action’ is when the question is one of a common or general interest of many persons or parties and it may be impracticable to bring them all together to answer the question, one or more may pursue the question for the benefit of all.
This is exactly the situation the 2008 Queen’s Cup Protest Committee (PC) is presently faced with. Therefore, all boats that finished and were scored, except for Rocinante, are therefore made parties to Chance’s Request for Redress. It is the opinion of the PC that Chance can fairly represent the common class interest, and it would be impractical to bring all the boats before the PC. Rocinante, although not a member of the Class, will be a party in her own right, and will be on the other side of Chance’s Redress Request.
What this means is that all communication, and evidence within the Class will be channeled through Chance. At the hearing, Chance will represent herself as well as the Class. Chance’s E-mail address is: Chance323@sbcgobal.net. However, upon request to the PC, a member of the Class will be entitled to have a duly authorized representative present at the hearing.
After the first adjournment on September 23, 2008, of Chance’s Request for Redress, and the LMSRF Appeal Committee’s decision on January 21, 2009, Chance presented statements to the PC implying that Rocinante purposely broke the racing rules of sailing. This is a very serious allegation, and will now be addressed by the PC.
The continuation of the hearing will give Chance and the Class an opportunity to present evidence to support these new allegations that Rocinante knowingly and purposely violated the racing rules of sailing when she submitted her Entry Form with a LMPHRF Measurement Certificate that did not accurately reflect her correct rating. Rocinante will be given an opportunity to defend herself against those allegations. A NEW DATE HAS BEEN SET FOR Saturday, May 9,2009, 4:00PM CDT, at South Shore Yacht Club, Milwaukee, WI. As part of the Hearing process, the PC will take into consideration the provision of RRS 64.2, shall make as fair an arrangement as possible for all boats involved, whether or not they asked for redress.
Respectively submitted on behalf the 2008 Queen’s Cup Protest Committee by:
Dean S. Cady, Chairman
Attached to this NOTICE is the LMSRF Appeals Committee’s decision upholding the PC’s decision, that Rocinante is the overall winner of the 2008 Queen’s Cup Race, as well as the winner of Section 11.
Does anyone know what happened at the hearing scheduled for May 9,2009, 4:00PM CDT, at South Shore Yacht Club, Milwaukee, WI.?