DISPUTE RESOLUTION POLICY
1.0 Preamble
SJC recognizes the right of any member to appeal the decisions of SJC and herby provides for a process for resolving dispute that could arise from time to time.
The purpose of this appeal policy is to enable disputes to be dealt with fairly, expeditiously an affordably.
2.0 Definitions and Interpretation
2.1 In this policy, unless a contrary intention is evident
“ADRsportRED” or Sport Dispute Resolution Centre of Canada means the programs of the Government of Canada designed to assist participants in sport with dispute resolution processes and practices;
“Appeal Manger” means the Director – Operations or a person designated by the Director- Operations;
“appellant” means the member appealing a decision;
“day” means a business day, excluding weekends and holidays;
“mediation” means a process of negotiation conducted with the assistance of a neutral third party who helps the parties develop a solution to which the parties can agree;
“member” means a member of SJC as set out in the SJC by-laws as amended from time to time and includes a licensed competitor;
“panel” means an appeal panel established according to section 7.0;
“parties” means the appellant and the respondent;
“respondent” means the body, person or person whose decision is being appealed.
2.1 In this policy, unless a contrary intention is evident words in the singular include the plural.
2.3 The Appeals Manager may provide to the parties forms and materials developed by ADRsportRED to assist the parties in preparing for the appeal.
3.0 Scope of appeal
3.1 Any member who is affected by a decision of the board of directors or any body or individual who has been delegated authority to make a decision on behalf of SJC or its board of directors, has the right to appeal that decision, if there are sufficient grounds for the appeal as set out in section 8.0.
3.2 Without limiting the scope of section 3.1 this policy does not apply to:
(a) doping offences, which are dealt with under the 2004 Canadian Anti-Doping Program, encompassing General Principles and associated Rules and Standards;
(b) matters that are addressed in the SJC Harassment Policy and complaint resolution process set out in that policy;
(c) rules established by the International Ski Federation (FIS), generally for sports governed by this body, or for the sport of Nordic combined;
(d) disciplinary matters arising during events organized by persons other than SJC, which are dealt with under the policies, including the dispute resolution policies of those other persons;
(e) commercial or civil matters arising out of a contract that includes a means of resolving disputes.
4.0 Timing for an appeal
4.1 A member has 15 days from the date the member receives notice of a decision that affects the member to submit an appeal to the appeals manager.
4.2 A member who wishes to file an appeal beyond the time prescribed in section 4.1 may do so with a written request stating the reasons for requesting an exemption.
4.3 A panel established to hear the appeal will determine if the appeal period in section 4.1 should be extended and the appeal heard.
5.0 Appeal
5.1 An appeal shall be in writing, shall include the following:
(a) the name of the appellant;
(b) the email address, street address and postal code, phone number, and fax number, if applicable;
(c) the name of the respondent;
(d) the decision being appealed;
(e) the grounds for the appeal;
(f) the appellant’s summary of the evidence that supports the grounds for appeal;
(g) a list of witnesses to be called at the hearing of the appeal with a summary of the evidence to be presented by the witnesses;
(h) the remedy sought by the appellant;
(i) whether or not any other persons will be present with the appellant;
(j) if applicable, a request for extending the time for appeal as contemplated in section 4.3.
5.2 On receipt of an appeal, the appeals manager will discuss the circumstances with the appellant and without any delay, will notify the respondent in writing and forward a copy of the appeal to the respondent.
5.3 Before proceeding further, the appeals manager
(a) shall ensure that the appellant and respondent have attempted to resolve the dispute privately between them,
(b) shall allow a period of up to 5 days to allow for discussion,
(c) may assist the appellant and respondent in an informal process to facilitate resolution, and
(d) may refer the parties to mediation using an suitably qualified mediator including but not limited to mediators with the ADRsportRED program.
6.0 Respondent’s written statement
6.1 If the parties are unable to resolve the dispute as contemplated by section 5.3, the appeals manager will advise the respondent that a written statement is required outlining the reason for the decision or practice being appealed.
6.2 The Respondent’s written statement must include:
(a) a summary of the evidence that supports the Respondent’s case;
(b) a list of witnesses to be called at the hearing and a summary of the evidence to be provided by them;
(c) whether or not the respondent will have a representative to assist the Respondent.
6.3 The Respondent’s statement must be delivered to the appeals manager within 5 working days of the date of notice by the appeals manager in section 6.1, or longer as the appeals manager specifies.
6.4 The appeals manager must provide a copy of the Respondent’s statement to the appellant as soon as possible after it is received.
6.5 If the respondent fails to provide a statement as required within the time specified by the appeals manager in section 6.3, the appeals manager shall establish a panel without delay and notify the parties of the panel’s formation.
7.0 Appeal panel
7.1 Within 10 days of having receiving the appeal, the appeals manager will initiate the establishment of a 3 person panel.
7.2 Potential panel members must satisfy the appeals manager that the panel member and the parties that the panel member
(a) has no significant relationship with the parties;
(b) has no involvement with the decision being appealed;
(c) is free from any actual or perceived bias, conflict of interest, and predetermined opinion on the merits of the appeal.
7.3 A panel must consist of
(a) one person appointed by the appellant;
(b) one person appointed by the Respondent;
(c) one person, who shall act as the chair of the panel, appointed by agreement of the persons appointed by the appellant and Respondent, and failing agreement, on the appointment of the appeals manager.
7.4 If the respondent fails to submit a response within the time prescribed in section 5.3 the panel will consist of the person appointed pursuant to section 6.2 (a), a person appointed by the appeals manager and a chair appointed by the 2 appointees. If the 2 appointees fail to reach agreement, the appeals manager shall appoint the chair.
7.5 As soon as panel is appointed the appeals manager will forward to the panel members copies of the appeal and response, together with any other documents delivered by the parties.
7.6 The appeals manager is responsible for ensuring that each of the appellant, the respondent and the panel members receive all copies of all documents for consideration.
8.0 Grounds for appeal
8.1 The grounds for an appeal include, but are not limited to,
(a) having made a decision for which the respondent does not have authority or jurisdiction as set out in the documents that govern the decision;
(b) failing to follow procedures as laid out in the by-laws or approved policies of SJC;
(c) making a decision which was influenced by bias, where bias is defined as a lack of neutrality to such an extent that the respondent was unable to consider other views or that the decision was made on the basis of, or significantly influenced by factors unrelated to the merits of the decision;
(d) exercising discretion for an improper purpose;
(e) exceeding the bounds of discretion;
(f) deciding on irrelevant considerations;
(g) making a decision that was unreasonable or unfair.
9.0 Preliminary conference
9.1 A panel appointed to hear an appeal will hold a preliminary conference within 7 days of receiving materials from the appeals manager including the parties and the appeals manager, on a date and at a time set up by the appeals manager in consultation with the parties to consider preliminary issues, such as but not limited to,
(a) whether there are sufficient grounds for an appeal and if there is any doubt, proceeding with the appeal;
(b) date and time of the hearing;
(c) timelines for exchanging documents;
(d) format of the appeal (written submissions, oral submissions or both);
(e) clarification of the issues in dispute;
(f) clarification of the evidence to be presented to the panel;
(g) order and procedure of hearing;
(h) any procedural matters;
(i) clarification of remedies sought;
(j) any other matters that may assist in expediting the appeal proceedings.
9.2 The preliminary conference can be held by telephone where everyone can hear one another.
9.3 The panel may in writing authorize the chair of the panel to determine the matters in section 9.1.
9.4 The appeals manager shall act as secretary of the preliminary conference and, after receiving confirmation from the panel as to the appeal procedure and the determination of the preliminary issues, and shall confirm in writing to the parties the appeal procedure established for the purposes of section 9.1 within 2 days of the conference.
10.0 Procedure for the appeal
10.1 The panel shall hear the appeal as quickly as reasonably possible, having regard to the nature of the appeal, and the circumstances of the case.
10.2 All panel members shall hear the appeal and a decision of the majority of the panel is the panel’s decision.
10.3 Each party has the right to be represented at the hearing.
10.4 Copies of any written documents which any of the parties would like the panel to consider shall be provided to all members of the panel, the other party and the appeals manager within the time lines established at the preliminary conference.
10.5 If the parties agree, the appeal may proceed on the basis of written submissions or by telephone if all persons participating in the appeal can hear one another.
10.6 panel members shall not communicate with the parties unless all panel members are present or unless all panel members receive copies of correspondence or other communications. Parties shall not communicate with panel members except at a meeting or in writing with the assistance of the appeals manager.
11. Procedure for an appeal on written submissions only
11.1 In the event of an appeal held by delivery and receipt of written submissions all parties shall be 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.
12. Evidence
12.1 The panel will consider only evidence that was considered by the original decision maker. At its discretion the panel may hear new material evidence that was not available at the time of the original decision.
12.2 Unless a party can prove that the party could not have been aware of a certain fact or argument at the time of the submission of the appeal or response, no additional evidence or argument will be accepted from the party by the panel after the preliminary conference other than evidence provided orally at the hearing.
13.0 Appeal panel decision
13.1 The panel must issue its written decision, with reasons for the decision, within 5 days of making its decision. If a panel member dissents, the minority member may provide a dissenting opinion.
13.2 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 original decision-maker for a new decision;
(c) uphold the appeal in part and vary the decision or part of it where it is found than an error occurred, and where because of an absence of (i) clear procedure, (ii) time, or (iii) neutrality, the panel is best suited to make a new decision or part of a decision.
13.3 The panel may determine how the costs of the appeal, excluding legal fees and disbursements of any of the parties, will be allocated, if at all. In determining the allocation of costs or whether costs should be allocated, the panel shall consider the outcome of the appeal, the conduct of the parties, and their respective financial resources.
13.4 The panel must provide a copy of its decision to the parties, the appeals manager and SJC.
13.5 In the event of emergent need, the panel may issue a verbal decision or a summary written decision, with reasons to follow within the time prescribed in section 13.1.
14.0 Modification of timelines
14.1 If the circumstances of the dispute are such that this policy will not allow for a timely or effective right of appeal, or if the appeal cannot be concluded within the time prescribed in this policy, the panel, or the appeals manager if the need is emergent, may direct that the timelines be revised.
