Note: This document is not the Appeal Policy. It is a summary of that policy. The definitive authority for matters related to this policy is the policy itself.
This policy describes the conditions and process for appeals within the Canadian Blind Sports Association (CBSA) and its participating members.
Areas which may be appealed include: eligibility, selection, conflict of Interest, discipline, and membership.
What may not be appealed are issues relating to: employment, infractions for doping offenses, rules of the sport, selection criteria, quotas, policies, and procedures established by entities other than the Organization or a Participating Member.
Substance , content and establishment of team selection or carding criteria, volunteer/coach appointments and the withdrawal or termination of those appointments, budgeting and budget implementation, the organization’s operational structure and committee appointments, decisions or discipline arising within the business, activities, or events organized by entities other than the Organization or its Participating Members may not be appealed.
commercial matters for which another appeals process exists under a contract or applicable law may not be appealed.
Decisions made under this Policy may not be appealed.
Participants who wish to appeal a decision have seven days from the date on which they received notice of the decision to submit their appeal documents, . Refer to Section 6 of the policy for a list of these documents.
They must also submit an administration fee of $200 within these 7 days. If the appeal is upheld this fee will be refunded.
A participant who wishes to initiate an appeal beyond the seven day period will need to provide a written request stating the reasons for an exemption. The decision to allow, or not allow, an appeal outside of this seven day period will be at the sole discretion of the Appeal Manager, and this decision may not be appealed.
Appeals at the club, provincial / territorial and national (CBSA) levels may be heard as long as they meet the grounds for appeal, and follow the appeals process
By agreement between the parties, the internal appeal process may be bypassed, and the appeal may be heard directly before the Sport Dispute Resolution Centre of Canada (SDRCC).
An appeal may only be heard if there are sufficient grounds. These grounds include the respondent:
- made a decision that it did not have the authority or jurisdiction to make;
- Failed to follow its own procedures;
- Made a decision that was influenced by bias; and / or
- Made a decision that was patently unreasonable.
The parties may first attempt to resolve the appeal through the Dispute Resolution Policy. If the issue is resolved, the $200 administration fee will be refunded.
If Appeals are not resolved using the dispute resolution process, an independent Appeal Manager will be appointed.
The Appeal Manager has responsibilities to determine if the appeal falls under the scope of the Appeals Policy, determine if the appeal was submitted in a timely manner, and to decide whether there are sufficient grounds for the appeal.
If the appeal moves ahead, the Appeal Manager will appoint an Appeal panel of a single Arbitrator. In extraordinary circumstances an Appeal Panel made up of three persons may be appointed. In this event, the Appeal Manager will appoint one of the Panel’s members to serve as the Chair.
the Appeal Manager will determine the format under which the appeal will be heard. This decision may not be appealed.
If a party chooses not to participate in the hearing, the hearing will still proceed.
The format of the hearing may involve an oral in-person hearing, an oral hearing by telephone or other electronic means, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods
Following the hearing the panel will issue its decision, in writing and with reasons, within seven days after the hearing’s conclusion.
The panel may decide to: reject the appeal and confirm the decision being appealed, uphold the appeal and refer the matter back to the initial decision-maker for a new decision, or uphold the appeal and change the decision.
The Panel will also determine whether costs of the appeal, excluding legal fees and legal disbursements of any parties, will be assessed against any party.
The Panel’s written decision, with reasons, will be distributed to all parties, the Appeal Manager, and the Organization or the Participating Member.
If the circumstances of the appeal are such that adhering to the timelines outlined by this Policy will not allow a timely resolution to the appeal, the Appeal Manager and/or Panel may revise these timelines.
The appeals process is confidential and involves only the parties, the Appeal Manager, the Panel, and any independent advisors to the Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information to any person not involved in the proceedings.
No action or legal proceeding will be commenced against the Organization, Participating Members, or Participants in respect of a dispute, unless the Organization or the Participating Member has refused or failed to provide or abide by the dispute resolution process and/or appeal process as set out in governing documents.
The decision of the Appeal Panel is final and binding, and not open to any further appeal or intervention by any court. Any appellant who is dissatisfied with the resolution of their appeal under this policy may initiate proceedings under the Sport Dispute Resolution Centre of Canada (SDRCC. The SDRCC policy is found at: http://www.crdsc-sdrcc.ca/eng/appeal-policies.jsp