Agree with Da Judge, the penalty for the jockey should be unrelated to the result of a protest. The protest hearing should consider 'did the winner cost the protesting horse,more ground than the beaten margin?'. The jockey penalty should consider the degree he endangered other jockeys and horses.
ie. 1991 Cup was rightly dismissed, but you might well argue that King should have got 6 months.
Authorised: If they operate protests on your basis, aren't they retaining the opinion aspect, but now beginning with the opinion that the jockey was guilty? Maybe you're right, but your way doesn't remove or reduce opinion from the process.