APPEAL POLICY
26.1 Definitions
The following definitions shall apply in the context of the Appeal Policy:
a) “Appellant” – The Party appealing a decision
b) “Case Manager” – The individual who implements procedures described in this Appeal Policy. The
Case Manager does not need to be a member of, or affiliated with, BC Artistic Swimming. The Case
Manager’s role is further described in BC Artistic Swimming’s Case Manager Job Description.
c) “Respondent” – The body whose decision is being appealed
d) “Parties” – The Appellant, Respondent, and any other Individuals affected by the appeal
e) “Days” – Days including weekends and holidays
f) “Individuals” – All categories of membership defined in BC Artistic Swimming’s Bylaws, as well as all
individuals employed by, or engaged in activities with, BC Artistic Swimming including, but not limited
to, athletes, coaches, convenors, referees, officials, volunteers, managers, administrators,
committee members, Directors and Officers of BC Artistic Swimming, spectators at events, and
parents/guardians of athletes
26.2 Purpose
BC Artistic Swimming is committed to providing an environment in which all Individuals involved with BC
Artistic Swimming are treated with respect and fairness. BC Artistic Swimming provides Individuals with
this Appeal Policy to enable fair, affordable, and expedient appeals of certain decisions made by BC Artistic
Swimming. Further, some decisions made by the process outlined in BC Artistic Swimming’s Discipline and
Complaints Policy may be appealed under this Policy.
26.3 Adult Representative
26.3.1 Appeals may be filed by an Individual who is a minor (younger than 19 years old). Minors must
have a parent/guardian or other adult serve as their representative during this process
26.3.2 Communication from the Case Manager must be directed to the minor’s representative.
26.3.3 A minor is not required to attend an oral hearing, if held.
26.4 Scope and Application of this Policy
26.4.1 This Policy applies to all Individuals. Any Individual who is directly affected by a BC Artistic
Swimming decision shall have the right to appeal that decision provided there are sufficient
grounds for the appeal under the ‘Grounds for Appeal’ section of this Policy.
26.4.2 This Policy will apply to decisions relating to:
a) Eligibility
b) Selection
c) Conflict of Interest
d) Discipline
e) Membership
f) Athlete funding or carding selection
26.4.3 This Policy will not apply to decisions relating to:
a) Employment
b) Infractions for doping offenses
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c) The rules of the sport
d) Selection criteria, quotas, policies, and procedures established by entities other than BC
Artistic Swimming
e) Substance, content and establishment of team selection criteria
f) Volunteer/coach appointments and the withdrawal or termination of those appointments
g) Budgeting and budget implementation
h) BC Artistic Swimming’s operational structure and committee appointments
i) Decisions or discipline arising within the business, activities, or events organized by entities
other than BC Artistic Swimming (appeals of these decisions shall be dealt with pursuant to
the policies of those other entities unless requested and accepted by BC Artistic Swimming at
its sole discretion)
j) Commercial matters for which another appeals process exists under a contract or applicable
law
k) Decisions made under this Policy
26.5 Timing of Appeal
26.5.1 Individuals who wish to appeal a decision have ten (10) days from the date on which they received
notice of the decision to submit, in writing to BC Artistic Swimming, the following:
a) Notice of the intention to appeal
b) Contact information of the appellant
c) Name of the respondent and any affected parties, when known to the Appellant
d) Date the appellant was advised of the decision being appealed
e) A copy of the decision being appealed, or description of decision if written document is not
available
f) Grounds for the appeal
g) Detailed reasons for the appeal
h) All evidence that supports these grounds
i) Requested remedy or remedies
j) An administration fee of one hundred fifty dollars ($150), which will be refunded if the appeal
is upheld
26.5.2 An Individual who wishes to initiate an appeal beyond the ten (10) day period must provide a
written request stating the reasons for an exemption. The decision to allow, or not allow, an
appeal outside of the ten (10) day period will be at the sole discretion of the Case Manager and
may not be appealed.
26.6 Grounds for Appeal
26.6.1 A decision cannot be appealed on its merits alone. An appeal may only be heard if there are
sufficient grounds for appeal. Sufficient grounds include the Respondent:
a) Made a decision that it did not have the authority or jurisdiction (as set out in the
Respondent’s governing documents) to make
b) Failed to follow its own procedures (as set out in the Respondent’s governing documents)
c) Made a decision that was influenced by bias (where bias is defined as a lack of neutrality to
such an extent that the decision-maker appears not to have considered other views)
d) Made a decision that was grossly unreasonable
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26.6.2 The Appellant must demonstrate, on a balance of probabilities, that the Respondent has made a
procedural error as described in the ‘Grounds for Appeal’ section of this Policy and that this error
had, or may reasonably have had, a material effect on the decision or decision-maker.
26.6.3 Screening of Appeal – Upon receiving the notice of the appeal, the fee, and all other information
(outlined in the ‘Timing of Appeal’ section of this Policy), BC Artistic Swimming and the Appellant
may first determine the appeal to be heard under BC Artistic Swimming’s Dispute Resolution
Policy.
26.6.4 Appeals resolved by mediation under BC Artistic Swimming’s Dispute Resolution Policy will cause
the administration fee to be refunded to the Appellant.
26.6.5 Should the appeal not be resolved by using the Dispute Resolution Policy, BC Artistic Swimming
will appoint a Case Manager. The Case Manager should not be in a conflict of interest and should
have expertise in dispute resolution matters. The job description for the Case Manager is
described in the Case Manager Job Description, which is an internal document provided to the
Case Manager once appointed. Such appointment is not appealable.
26.6.6 The Case Manager has the following responsibilities:
a) Determine if the appeal falls under the scope of this Policy
b) Determine if the appeal was submitted in a timely manner
c) Decide whether there are sufficient grounds for the appeal
26.6.7 If the appeal is denied on the basis of insufficient grounds, because it was not submitted in a
timely manner, or because it did not fall under the scope of this Policy, the Appellant will be
notified, in writing, of the reasons for this decision. This decision may not be appealed.
26.6.8 If the Case Manager is satisfied there are sufficient grounds for an appeal, the Case Manager will
appoint an Appeals Panel which shall consist of a single Arbitrator, to hear the appeal. In
extraordinary circumstances, and at the discretion of the Case Manager, a Panel of three persons
may be appointed to hear the appeal. In this event, the Case Manager will appoint one of the
Panel’s members to serve as the Chair.
26.7 Procedure for Appeal Hearing
26.7.1 The Case Manager shall notify the Parties that the appeal will be heard. The Case Manager shall
then decide the format under which the appeal will be heard. This decision is at the sole discretion
of the Case Manager and may not be appealed.
26.7.2 If a Party chooses not to participate in the hearing, the hearing will proceed in any event.
26.7.3 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. The hearing will be governed by the
procedures that the Case Manager and the Panel deem appropriate in the circumstances,
provided that:
a) The hearing will be held within a timeline determined by the Case Manager
b) The Parties will be given reasonable notice of the day, time and place of the hearing
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c) Copies of any written documents which the parties wish to have the Panel consider will be
provided to all Parties in advance of the hearing
d) The Parties may be accompanied by a representative, advisor, or legal counsel at their own
expense
e) The Panel may request that any other individual participate and give evidence at the hearing
f) The Panel may allow as evidence at the hearing any oral evidence and document or thing
relevant to the subject matter of the appeal, but may exclude such evidence that is unduly
repetitious and shall place such weight on the evidence as it deems appropriate
g) If a decision in the appeal may affect another party to the extent that the other party would
have recourse to an appeal in their own right under this Policy, that party will become a party
to the appeal in question and will be bound by its outcome
h) The decision to uphold or reject the appeal will be by a majority vote of Panel members
26.7.4 In fulfilling its duties, the Panel may obtain independent advice.
26.8 Appeal Decision
26.8.1 The Panel shall issue its decision, in writing and with reasons, within fourteen (14) days after the
hearing’s conclusion. In making its decision, the Panel will have no greater authority than that of
the original decision-maker. The Panel may decide to:
a) Reject the appeal and confirm the decision being appealed
b) Uphold the appeal and refer the matter back to the initial decision-maker for a new decision
c) Uphold the appeal and vary the decision
26.8.2 The Panel’s written decision, with reasons, will be distributed to all Parties, the Case Manager,
and BC Artistic Swimming. In extraordinary circumstances, the Panel may first issue a verbal or
summary decision soon after the hearing’s conclusion, with the full written decision to be issued
thereafter. The decision will be considered a matter of public record unless decided otherwise by
the Panel.
26.9 Retaliation
No person may engage in retaliation, intimidation or any other form of punishment against and Individual
who files an appeal. Retaliation may be grounds for a complaint under the Discipline and Complaints
Policy.
26.10 Timelines
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 Case Manager and/or Panel may direct that these timelines
be revised.
26.11 Confidentiality
The appeals process is confidential and involves only the Parties, the Case 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.
26.12 Records and Distribution of Decisions
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Other individuals or organizations, including but not limited to, national sport organizations, provincial
sport organizations, sport clubs, etc., may be advised of any decisions rendered in accordance with this
Policy.
26.13 Final and Binding
No action or legal proceeding will be commenced against BC Artistic Swimming or Individuals in respect
of a dispute, unless BC Artistic Swimming has refused or failed to provide or abide by the dispute
resolution process and/or appeal process as set out in BC Artistic Swimming’s governing documents.
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27. DISPUTE RESOLUTION POLICY
27.1 Definitions
The following definitions shall apply in the context of the Dispute Resolution Policy:
“Individuals” – All categories of membership defined in BC Artistic Swimming’s Bylaws, as well as all
individuals employed by, or engaged in activities with, BC Artistic Swimming including, but not limited to,
athletes, coaches, convenors, referees, officials, volunteers, managers, administrators, committee
members, and Directors and Officers of BC Artistic Swimming, spectators, and parents/guardians of
athletes
27.2 Purpose
27.2.1 BC Artistic Swimming supports the principles of Alternate Dispute Resolution (ADR) and is
committed to the techniques of negotiation, facilitation, and mediation as effective ways to
resolve disputes. Alternate Dispute Resolution also avoids the uncertainty, costs, and other
negative effects associated with lengthy appeals or complaints, or with litigation.
27.2.2 BC Artistic Swimming encourages all Individuals to communicate openly, collaborate, and use
problem-solving and negotiation techniques to resolve their differences. BC Artistic Swimming
believes that negotiated settlements are usually preferable to outcomes resolved through other
dispute resolution techniques. Negotiated resolutions to disputes with and among Individuals are
strongly encouraged.
27.3 Application of this Policy
27.3.1 This Policy applies to all Individuals.
27.3.2 Opportunities for Alternate Dispute Resolution may be pursued at any point in a dispute, per the
Discipline and Complaints Policy or the Appeal Policy, when all parties to the dispute agree that
such a course of action would be mutually beneficial.
27.4 Facilitation and Mediation
27.4.1 The dispute will first be referred to BC Artistic Swimming’s President (or designate) for review,
with the objective of resolving the dispute via Alternate Dispute Resolution and/or mediation.
27.4.2 If all parties to a dispute agree to Alternate Dispute Resolution, a mediator or facilitator,
acceptable to all parties, shall be appointed to mediate or facilitate the dispute.
27.4.3 The mediator or facilitator shall decide the format under which the dispute shall be mediated or
facilitated, and shall specify a deadline before which the parties must reach a negotiated decision.
27.4.4 Should a negotiated decision be reached, the decision shall be reported to, and approved by, BC
Artistic Swimming. Any actions that are to take place as a result of the decision shall be enacted
on the timelines specified by the negotiated decision, pending BC Artistic Swimming’s approval.
27.4.5 Should a negotiated decision not be reached by the deadline specified by the mediator or
facilitator at the start of the process, or if the parties to the dispute do not agree to Alternate
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Dispute Resolution, the dispute shall be considered under the appropriate section of the Appeal
Policy or Discipline and Complaints Policy, as applicable.
