The purpose of this appeals policy is to enable disputes with members to be dealt with fairly, expeditiously and affordably, within the Club, without recourse to formal legal and court-like procedures.
Scope of Appeal
1. Any member of the CBS Skating Club who is affected by a decision of the Board of Directors, of any Committee of the Board of Directors, or of any body or individual who has been delegated authority to make decisions on behalf of the Board of Directors, will have the right to appeal that decision, provided there are sufficient grounds for the appeal Examples of decisions that may be appealed are those relating to eligibility, harassment, team selection and discipline.
2. This policy will not apply to decisions relating to:
a) Matters of employment
b) Infractions for doping offenses, which are dealt with pursuant to the Canadian Policy on Doping in Sport and the Canadian Doping Control Regulations.
c) The rules of figure skating, which may not be appealed.
d) Discipline matter arising during events organized by entities other than the CBS Skating Club, which are dealt with pursuant to the policies of these other entities.
Timing of Appeal
Members who wish to appeal a decision will have 21 days from the date on which they received notice of the decision, to submit in writing notice of their intention to appeal, grounds for the appeal and a summary of the evidence which supports these grounds, to the board of the CBS Skating Club.
Grounds for Appeal
Not every decision may be appealed. A decision cannot be appealed, nor can an appeal be heard, on substantive grounds relating to the merits of the decision. Decisions may only be appealed, and appeals may only be heard, on procedural grounds. Procedural grounds are strictly limited to the Respondent:
a) Making a decision for which it did not have authority.
b) failing to follow procedures as laid out in the bylaws or approved policies of the Club.
c) making a decision that was influenced by bias.
Screening of Appeal
Within 5 days of receiving the notice and grounds of an appeal, the board will determine whether there are appropriate grounds for the appeal to proceed.
If the appeal is denied on the basis of insufficient grounds, the Appellant will be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the board and may not be appealed.
If there are sufficient grounds for an appeal, within 14 days of having received the original notice of appeal the board will establish an Appeals Panel (the "Panel") is as follows:
- The Panel will be comprised of three individuals who will have no significant relationship with the affected parties, will have had no involvement with the decision being appealed, and will be free from any other actual or perceived bias or conflict.
Procedure for the Hearing
If a hearing is requested by the panel, the follow steps will be taken.
a) The hearing will be held within 21 days of the Panel's appointment.
b) The Appellant and Respondent will be given 10 days’ written notice of the date, time and place of the hearing.
c) A quorum will be all three Panel members.
d) Decisions will be by majority vote.
e) If the decision of the Panel may affect another party to the extent that the other party would have recourse to an appeal in their own right, that party will become a party to the appeal in question.
f) Any of the parties may be accompanied by a representative or advisor including legal counsel.
g) The Panel may direct that any other person participates in the appeal.
Procedure for Documentary Appeal
Where the Panel has determined that the appeal will be held by way of documentary submissions, it will govern the appeal by such procedures as it deems appropriate provided that:
a) All parties are given a reasonable opportunity to provide written submissions to the Panel, to review written submissions of the other parties, and to provide written rebuttal and argument.
As a general rule, the Panel will only consider evidence that was before the original decision-maker. At its discretion, the Panel may hear new evidence that is material and that was not available at the time of the original decision.
Within 14 days of concluding the appeal, the Panel will issue its written decision, with reasons. In making its decision, the Panel will have no greater authority than that of the original decision-maker.
The Panel may decide:
a) To reject the appeal and confirm the decision being appealed.
b) To uphold the appeal and refer the matter back to the initial decision-maker for a new decision.
c) To uphold the appeal and vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision-maker for reason of lack of clear procedure, lack of time, or lack of neutrality.
d) To determine how costs of the appeal, excluding legal fees and legal disbursements of any of the parties, will be allocated, if at all.
A copy of this decision will be provided to each of the parties and to the President. If the circumstances of the dispute are such that this policy will not allow a timely appeal, or if the circumstances of the disputes are such the appeal cannot be concluded within the timelines dictated in this policy, the Panel may direct that these timelines be revised.
Final and Binding
The decision of the Panel will be final and binding on the parties and on all members of the CBS Skating Club.