Tacking too close

Facts found

P is close-hauled on port tack. T, on P's leeward bow, tacks from port to starboard. T completes her tack and is on a close-hauled course before P has to do anything — but she is now so close ahead of P that P cannot keep clear. The boats touch. No damage, no injury. Both protest.

You are on the protest committee.

How would you decide this?

Decide it cell by cell instead