Discipline and Complaints Policy

25. DISCIPLINE AND COMPLAINTS POLICY
25.1 DEFINITIONS
The following definitions shall apply in the context of the Discipline and Complaints Policy:
a) “Case Manager” – The individual who is appointed to oversee the management of a complaint in
accordance with these policies and who provides administrative support to a Discipline Chair and/or
Discipline Panel. The Case Manager implements certain procedures described in this Discipline and
Complaints Policy and ensures the Discipline Chair or Discipline Panel adhere to the timelines set out
herein. The Case Manager does not need to be a member of, or affiliated with, BC Artistic Swimming.
b) “Complainant” – The Party alleging an infraction
c) “Days” – Days including weekends and holidays
d) “Discipline Chair” – An individual who serves as the lead arbitrator for discipline and complaint
matters reported to BC Artistic Swimming.
e) “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, conveners, officials, umpires, volunteers, managers, administrators, committee
members, Directors and Officers of BC Artistic Swimming, spectators, and parents/guardians of
athletes
f) “Respondent” – The alleged infracting Party
25.2 PURPOSE
Individuals are expected to fulfill certain responsibilities and obligations including, but not limited to,
complying with BC Artistic Swimming’s policies, Bylaws, rules and regulations, and Conduct Policy. Noncompliance may result in sanctions pursuant to this Policy.
25.3 DISCIPLINE CHAIR
25.3.1 The Discipline Chair may be the Executive Director, a Director of the Board, or a volunteer
associated with BC Artistic Swimming or the Sport Law Connect Program appointed to oversee
the discipline process and serve as the lead arbitrator. The Discipline Chair may choose to appoint
two (2) additional individuals to form a Discipline Panel and, in this case, decisions of the Discipline
Panel will be by majority vote.
25.3.2 The Discipline Chair appointed to handle a complaint or incident must be unbiased and not in a
conflict of interest situation.
25.4 APPLICATION OF THIS POLICY
25.4.1 This Policy applies to all Individuals.
25.4.2 This Policy applies to matters that may arise during the course of BC Artistic Swimming’s business,
activities, and events including, but not limited to, competitions, practices, tryouts, training
camps, travel associated with BC Artistic Swimming activities, and any meetings.
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25.4.3 This Policy also applies to Individuals’ conduct outside of BC Artistic Swimming’s business,
activities, and events when such conduct adversely affects relationships within BC Artistic
Swimming (and its work and sport environment) or is detrimental to the image and reputation of
BC Artistic Swimming. This Policy may also apply to Individuals’ conduct at the discretion of BC
Artistic Swimming.
25.4.4 This Policy does not prevent immediate discipline or sanction from being applied as reasonably
required. Further discipline may be applied according to this Policy. Any infractions or complaints
occurring within competition will be dealt with by the procedures specific to the competition, if
applicable. In such situations, disciplinary sanctions will be for the duration of the competition,
training, activity, or event only.
25.4.5 An employee of BC Artistic Swimming who is a Respondent will be subject to appropriate
disciplinary action per BC Artistic Swimming’s Employee Procedures as well as the employee’s
Employment Agreement, if applicable. Violations may result in a warning, reprimand, restrictions,
suspension, or other disciplinary actions up to and including termination of employment.
25.5 ALIGNMENT
25.5.1 BC Artistic Swimming recognizes that Individuals may also be registered with Member Clubs. BC
Artistic Swimming requires Member Clubs to submit discipline decisions involving Individuals to
BC Artistic Swimming and BC Artistic Swimming, at its discretion, may take further action.
25.5.2 If BC Artistic Swimming decides to take further action upon becoming aware of an Individual who
has been disciplined by a Member Club, the Individual will be the Respondent to a complaint
initiated under the terms of this Policy. BC Artistic Swimming may act as the Complainant if the
original Complainant is unwilling or unavailable to participate in this process.
25.5.3 The Discipline Chair or Discipline Panel, as applicable, will review and consider the decision by the
Member Club when making a decision on the complaint per the terms of this Policy.
25.6 ADULT REPRESENTATIVE
25.6.1 Complaints may be brought for or against 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.
25.6.2 Communication from the Discipline Chair or Case Manager, as applicable, must be directed to the
minor’s representative.
25.6.3 A minor is not required to attend an oral hearing, if held.
25.7 REPORTING A COMPLAINT
25.7.1 Any Individual may report an incident or complaint to the Executive Director in writing, within
fourteen (14) days of the alleged incident, although this timeline can be waived or extended at
the Executive Director’s discretion. The complaint should include:
a) the names of the parties involved
b) any witnesses to the incident(s)
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c) the location, date, and time of the incident(s)
d) details about the incident(s) (behaviour and/or words used)
25.7.2 Harassment – the Discipline Chair may determine that the alleged incident may contain an
element of discrimination, harassment, workplace harassment, workplace violence, sexual
harassment, or abuse. In this case, the Discipline Chair will appoint an Investigator in accordance
with BC Artistic Swimming’s Conduct Policy.
25.7.3 At BC Artistic Swimming’s discretion, BC Artistic Swimming may act as the Complainant and
initiate the complaint process under the terms of this Policy. In such cases, BC Artistic Swimming
will identify an individual to represent BC Artistic Swimming.
25.8 MANAGING A COMPLAINT
25.8.1 Complaints will be managed following one of two processes:
a) Internal Review
The Complaint alleges the following incidents:
i. Disrespectful, abusive, racist, or sexist comments or behaviour
ii. Disrespectful conduct
iii. Minor incidents of physical aggression (e.g., tripping, pushing, elbowing)
iv. Conduct contrary to the values of BC Artistic Swimming
v. Non-compliance with BC Artistic Swimming’s policies, procedures, rules, or regulations
vi. Minor violations of BC Artistic Swimming’s Code of Conduct and Ethics
b) Discipline Panel
The Complaint alleges the following incidents:
i. Repeated minor incidents
ii. Any incident of hazing
iii. Behaviour that constitutes harassment, sexual harassment, or sexual misconduct
iv. Major incidents of violence (e.g., fighting, attacking, sucker punching)
v. Pranks, jokes, or other activities that endanger the safety of others
vi. Conduct that intentionally interferes with a competition or with any athlete’s preparation
for a competition
vii. Conduct that intentionally damages BC Artistic Swimming’s image, credibility, or
reputation
viii. Consistent disregard for BC Artistic Swimming’s bylaws, policies, rules, and regulations
ix. Major or repeated violations of BC Artistic Swimming’s Code of Conduct and Ethics
x. Intentionally damaging Organization property or improperly handling BC Artistic
Swimming monies
xi. Abusive use of alcohol, any use or possession of alcohol by minors, or use or possession
of illicit drugs and narcotics
xii. A conviction for any Criminal Code offense
xiii. Any possession or use of banned performance enhancing drugs or methods
25.8.2 Upon review of a complaint and within five (5) days of receiving the complaint, the Executive
Director will determine the appropriate process for managing the complaint.
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25.8.3 If deemed to be a matter for Internal Review, the Executive Director will serve as the Discipline
Chair and examine the matter in accordance with the timeline and process outlined herein. In
such cases as the Executive Director is in conflict of interest, another Party will be appointed as
Discipline Chair.
25.8.4 If deemed to be a matter for a Discipline Panel, unless there is a conflict of interest, the Executive
Director will serve as the Case Manager and will appoint a Discipline Chair and, if/when
appropriate, a Discipline Panel. If the Executive Director has a conflict of interest, another Party
will be appointed as Case Manager. The Discipline Chair may be appointed as Case Manager.
25.8.5 At the discretion of the Executive Director, the Discipline Chair and/or Discipline Panel may be
appointed through Sport Law Connect. In such cases as Sport Law Connect is appointed to manage
a case, the rules and procedures of the Sport Law Connect program will apply.
25.9 Managing an Internal Review Complaint
25.9.1 A Discipline Chair will be appointed within ten (10) days of receiving the complaint. The Discipline
Chair should not be in conflict of interest and should have experience in understanding and
interpreting policies and procedures.
25.9.2 The Discipline Chair’s initial responsibility is to determine whether the complaint is frivolous
and/or within the jurisdiction of the Discipline and Complaints Policy. The Discipline Chair is
required to provide a ruling in this regard within five (5) days of being appointed.
25.9.3 Based on the decision of the Discipline Chair, the following process will be followed:
a) If the complaint is deemed to be unfounded or frivolous, no further action will be taken. A
letter will be sent to the complainant advising them of the findings of the Discipline Chair
within five (5) days of the ruling.
b) If the complaint is deemed to have merit and to fall within the jurisdiction of BC Artistic
Swimming and its Discipline and Complaints Policy, the respondents will be advised of the
complaint and the allegations made against them and ask asked to respond to the allegations,
in writing, within ten (10) days of being notified of the complaint.
25.9.4 In such cases as the Respondent fails to submit their response in accordance with the established
timelines, the Discipline Chair will proceed with rendering a decision based on the information
available.
25.9.5 Within five (5) days of receiving the Respondent’s response, the Discipline Chair will determine
what, if any, sanctions are warranted and advise all parties of the decision.
25.9.6 Records of all sanctions will be maintained by BC Artistic Swimming.
25.10 Managing a Discipline Panel Complaint
25.10.1 If necessary, a Case Manager will be appointed within ten (10) days of receiving the complaint.
The Case Manager should not be in conflict of interest and should have experience in
understanding and interpreting policies and procedures. This is not appealable.
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25.10.2 A Discipline Chair will be appointed within ten (10) days of receiving the complaint. The Discipline
Chair should not be in conflict of interest and should have experience in dispute resolution and
understanding and interpreting policies and procedures. This is not appealable.
25.10.3 The Discipline Chair’s initial responsibility is to determine whether the complaint is frivolous
and/or within the jurisdiction of the Discipline and Complaints Policy. The Discipline Chair is
required to provide a ruling to the Case Manager within five (5) days of being appointed.
25.10.4 The Discipline Chair’s ruling must also include a recommendation whether to manage the case
using a dispute resolution process (see BC Artistic Swimming Dispute Resolution Policy), a
Discipline Panel consisting of a single arbitrator, or a Discipline Panel of three arbitrators. This is
not appealable.
25.10.5 Based on the decision of the Discipline Chair, the following process will be followed:
a) If the complaint is deemed to be unfounded or frivolous, no further action will be taken. The
Case Manager will send a letter to the complainant advising them of the findings of the
Discipline Chair within five (5) days of the ruling.
b) If the complaint is deemed to have merit and to fall within the jurisdiction of BC Artistic
Swimming and its Discipline and Complaints Policy, the Case Manager will advise the parties of
the ruling and the proposed procedures for managing the case within five (5) days of receiving
the Discipline Chair’s ruling.
25.10.6 In such cases as the Discipline Chair recommends managing the case through a dispute resolution
process, all parties must confirm their consent to participate in the dispute resolution process, in
writing, within five (5) days of receiving the notice.
25.10.7 In such cases as the parties refuse dispute resolution or the Discipline Chair recommends the
matter be managed by a Discipline Panel, the format under which the complaint will be heard
must be determined within five (5) days of the Discipline Chair’s ruling. The format of the hearing
may be:
• an oral in-person hearing,
• an oral hearing by telephone or other communication medium,
• a hearing based on a review of documentary evidence submitted in advance of the hearing, or
• a combination of these methods.
The Case Manager will advise all parties of the format under which the complaint will be heard
within two (2) days of the ruling. This is no appealable.
25.10.8 All parties are expected to make themselves available for the complaint to be heard through
Dispute Resolution or by a Discipline Panel within thirty (30) days of the Discipline Chair’s ruling
on the format under which the complaint will be heard.
25.10.9 All parties shall be given no less than five (5) days’ notice of any hearings or meetings related to
the complaint. The hearing will follow the procedures outlined herein.
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25.10.10Upon hearing the complaint, the Discipline Chair is to report the outcome of the Dispute
Resolution process or the findings of the Discipline Panel to the Case Manager within fourteen
(14) days of the decision being made.
25.10.11The Case Manager will advise all parties of the findings within sixteen (16) days of the hearing.
25.10.12Records of all sanctions will be maintained by BC Artistic Swimming.
25.11 Decision
25.11.1 After hearing and/or reviewing the matter, the Discipline Panel will determine whether an
infraction has occurred and, if so, sanctions to be imposed. The Discipline Panel’s written decision,
with reasons, will be distributed by the Case Manager to all Parties and BC Artistic Swimming in
accordance with the timeline set out herein. In extraordinary circumstances, the Discipline Panel
may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full
written decision to be issued with the established timelines. The decision will be considered a
matter of public record unless decided otherwise by the Discipline Panel.
25.11.2 Unless the Discipline Panel decides otherwise, any disciplinary sanctions will begin immediately,
notwithstanding an appeal. Failure to comply with a sanction as determined by the Discipline
Panel will result in an automatic suspension until such time as compliance occurs.
25.11.3 Records of all decisions will be maintained by BC Artistic Swimming.
25.12 Sanctions
25.12.1 Internal Review
25.12.1.1 Recommended Sanctions
a) Verbal or written reprimand
b) Verbal or written apology
c) Service or other contribution to BC Artistic Swimming
d) Removal of certain privileges
e) Suspension from certain teams, events, and/or activities
f) Suspension from all Organization activities for a designated period of time
g) Any other sanction considered appropriate for the offense
25.12.1.2 Request for Reconsideration
25.12.1.2.1 Sanctions rendered through the Internal Review process may not be appealed until the
completion of a Request for Reconsideration.
25.12.1.2.2 The Respondent may contest the sanction by submitting a Request for Reconsideration
within ten (10) days of receiving the sanction. In the Request for Reconsideration, the
Respondent must indicate:
a) Why the sanction is inappropriate;
b) All evidence to support the Respondent’s position; and
c) What penalty or sanction (if any) would be appropriate.
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25.12.1.2.3Upon receiving a Request for Reconsideration, the Discipline Chair may decide to accept
or reject the Respondent’s suggestion for an appropriate sanction.
25.12.1.2.4Should the Discipline Chair accept the Respondent’s suggestion for an appropriate
sanction, that sanction will take effect immediately.
25.12.1.2.5Should the Discipline Chair not accept the Respondent’s suggestion of an appropriate
sanction, the Respondent may request that the initial complaint or incident be handled
under the Discipline Panel Process of this Policy.
25.12.2 Discipline Panel
25.12.2.1 Recommended Sanctions
The Discipline Panel may apply the following disciplinary sanctions, singularly or in
combination:
a) Verbal or written reprimand
b) Verbal or written apology
c) Service or other contribution to BC Artistic Swimming
d) Removal of certain privileges
e) Suspension from certain teams, events, and/or activities
f) Suspension from all BC Artistic Swimming activities for a designated period of time
g) Payment of the cost of repairs for property damage
h) Suspension of funding from BC Artistic Swimming or from other sources
i) Expulsion from BC Artistic Swimming
j) Any other sanction considered appropriate for the offense
25.12.3 Appeals
The decision of a Discipline Panel may be appealed in accordance with BC Artistic Swimming’s
Appeal Policy.
25.13 Discipline Panel Procedures
25.13.1 The Case Manager has a responsibility to:
a) Appoint a Discipline Chair and a Discipline Panel, if necessary
b) Coordinate all administrative aspects and ensure the parties adhere to set timelines
c) Serve as the liaison and communicate with all Parties, as required
d) Provide administrative assistance and logistical support to the Discipline Panel as required
e) Provide any other service or support that may be necessary to ensure a fair and timely
proceeding
25.13.2 The Discipline Chair has a responsibility to:
a) Determine whether the complaint is frivolous and/or within the jurisdiction of this Policy
b) Propose the use of BC Artistic Swimming’s Dispute Resolution Policy
c) Work with the Case Manager to appoint a Discipline Panel, if necessary
d) Adhere to the set timelines
e) Provide any other service or support that may be necessary to ensure a fair and timely
proceeding
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f) Following a hearing or decision, provide a clearly written report outlining the Discipline Panel’s
decision and the rationale for the decision as well as the sanctions to be imposed
25.13.3 The hearing will be governed by the procedures that the Discipline Chair and/or Discipline Panel
deem appropriate in the circumstances, provided that:
a) In the case of an oral in-person hearing or an oral hearing by telephone or other
communication medium, the Parties are given notice of the day, time, and place of the hearing
as prescribed herein
b) Copies of any written documents which the parties wish to have the Discipline Panel consider
will be provided to all Parties, through the Case Manager, no less than two (2) days in advance
of the hearing
c) The Parties may engage a representative, advisor, or legal counsel at their own expense
d) The Discipline Panel may request that any other individual participate and give evidence at the
hearing
e) The Discipline Panel may allow as evidence at the hearing any oral evidence and document or
thing relevant to the subject matter of the complaint, but may exclude such evidence that is
unduly repetitious, and shall place such weight on the evidence as it deems appropriate
f) The decision will be by a majority vote of the Discipline Panel
25.13.4 If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing,
in which case the Discipline Panel will determine the appropriate sanction. The Discipline Panel
may still hold a hearing for the purpose of determining an appropriate sanction.
25.13.5 The hearing will proceed in any event, even if a Party chooses not to participate in the hearing.
25.13.6 A Party that fails to attend a hearing after receiving notice of the hearing in accordance with these
policies, shall be deemed not in good standing with BC Artistic Swimming until such time as the
matter is resolved in a subsequent hearing. In such cases, it is the Party’s responsibility to request
a subsequent hearing.
25.13.7 If a decision may affect another party to the extent that the other party would have recourse to
a complaint or an appeal in their own right, that party will become a Party to the current complaint
and will be bound by the decision.
25.13.8 In fulfilling its duties, the Discipline Panel may obtain independent advice.
25.14 Suspension Pending a Hearing
BC Artistic Swimming may determine that an alleged incident is of such seriousness as to warrant
suspension of an Individual pending completion of a criminal process, a hearing, or a decision of the
Discipline Panel.
25.15 Criminal Convictions
An Individual’s conviction for a Criminal Code offense, as determined by BC Artistic Swimming, will be
deemed an infraction under this Policy and will result in expulsion from BC Artistic Swimming. Criminal
Code offences may include, but are not limited to:
a) Any child pornography offences
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b) Any sexual offences
c) Any offence of physical violence
d) Any offence of assault
e) Any offence involving trafficking of illegal drugs
25.16 Confidentiality
The discipline and complaints process is confidential and involves only the Parties, the Case Manager, the
Discipline Panel, and any independent advisors to the Discipline Panel. Once initiated and until a decision
is released, none of the Parties will disclose confidential information relating to the discipline or complaint
to any person not involved in the proceedings.
25.17 Retaliation
No person may engage in retaliation, intimidation or any other form of punishment against individuals
who raise good faith concerns about an offence or who assist in an investigation. Retaliation may be
grounds for a complaint under this Policy.
25.18 Timelines
If the circumstances of the complaint are such that adhering to the timelines outlined by this Policy will
not allow a timely resolution to the complaint, the Discipline Panel may direct that these timelines be
revised.
Internal Review Discipline Panel
Day 0 Complaint received Day 0 Complaint received
+ 5 days ED determines process + 5 days ED determines process
+ 5 days DC appointed + 5 days DC and CM appointed
+ 5 days DC determines if frivolous or to proceed + 5 days DC determines if frivolous or to proceed
+ 5 days Notice that case is closed OR request for
Respondent’s response
DC determines recommended format –
ADR/1 person or ADR/Discipline Pane;
+ 10 days Respondent’s response arrives + 5 days CM distributes decision to parties
+ 5 days DC renders decision and notifies parties + 5 days Parties consent to ADR
35 days + 5 days DC determines format for hearing the
complaint (in person, by phone, etc.)
+ 2 days CM distributes format for hearing the
complaint to parties
w/in 30
days
Hearing is convened
+ 14 days DC provides CM with written decision,
including rationale and sanctions
+ 2 days CM distributes notice of decision
78 days
25.19 Records and Distribution of Decisions
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.
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26. 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.
27.5 Final and Binding
Any negotiated decision will be binding on the parties. Negotiated decisions may not be appealed