RUGBY CANADA

APPEAL POLICY AND PROCEDURE

INTRODUCTION

1. This document sets out the policy and procedure for appeals by all categories of member of Rugby Canada (the “Member”) against decisions that affect them. It provides for an internal process and, in most cases, a final external process.



PRINCIPLES

2. A Member who is specifically affected by a decision taken by the board of directors of Rugby Canada (the “Board”), a Rugby Canada committee or by any body or individual within Rugby Canada who has been delegated authority to make decisions in accordance with Rugby Canada’s by-laws and governance policies (the “Decision”), shall have the right to appeal the Decision. This right of appeal does not extend to:
1. matters of general application such as amendments to the Rugby Canada by-laws, development of Rugby Canada policies and guidelines and national team selection criteria;
2. budgets and budget implementation;
3. employment matters or matters of operational structure or staffing;
4. matters relating to games in Canada governed by other national and international organizations, including, but not limited to the International Rugby Board (the “iRB”), Sport Canada, the Commonwealth Games Association, the Canadian Olympic Association and Canadian Interuniversity Sport (“CIS”);
5. decisions taken by third parties, including, but not limited to, the iRB, CIS, the World Anti -Doping Agency and the Canadian Centre for Ethics in Sport; and
6. Disputes between parties concerning written contractual relationships which the parties have entered into in writing with one another which have dispute resolution mechanism’s provided for in such written agreements.

3 A Decision cannot be appealed simply because the Member does not like or agree with the Decision; there must be sufficient grounds for the appeal. The possible grounds for appeal are that the party responsible for making the decision:

1. did not have authority or jurisdiction as set out in their governing documents to make the Decision;
2. failed to follow the proper procedures and due process as laid out in the by-laws or approved policies and guidelines of Rugby Canada
3. the Decision which was influenced by bias, bias being defined as a lack of neutrality to such an extent that the decision -maker was unable to consider other views;
4. exercised its discretion for an improper purpose; or
5. the Decision made was patently unreasonable or unfair.

4 When the internal appeal process of the body making the Decision has been exhausted and the Member wishes to pursue the appeal further, the Member must refer the matter to an outside body for arbitration.

PROCEDURE

General Appeals:

5. Unless otherwise specified in this Rugby Canada Appeal Policy and Procedure, a Member wishing to appeal a Decision must do so within 14 days of being notified of the Decision. The appeal must be accompanied by the sum of $500 (cash, certified cheque, bank draft or credit card) payable to Rugby Canada in trust (the “Appeal Bond”). The Appeal Bond shall be refunded to the Member if the appeal is upheld.
6. The appeal will be heard by a panel of three individuals familiar with the sport of rugby in Canada and who were not involved in the Decision (“the Appeal Panel”). The members of the Appeal Panel shall be selected by the Chairman of Rugby Canada, or his designate, with the Chairman, or his designate, in selecting the Appeal Panel taking into consideration the professional qualifications and expertise of the members selected and their independence from the Member, the Decision and the body which made the Decision.
7. The Appeal Panel will first consider whether sufficient grounds for making an appeal have been demonstrated and will reject the appeal without further consideration if it determines that the required criteria for an appeal set out in paragraph 3 hereof have not been met.
8. The Appeal Panel has the authority to establish its own process for the hearing of the appeal, provided the following parameters are maintained:
1. the administrative law principals of procedural justice and fairness are maintained at all times;
2. All parties to the appeal are provided with all information available with respect to the Decision, including all material put before the appeal panel;
3. Each party to the appeal is given not less than 21 days written notice of the time, date and location of the appeal hearing together with confirmation of:
1. the names of all other parties to the appeal;
2. whether or not verbal submissions will be permitted for the appeal;
3. whether or not video evidence will be permitted for the appeal
4. time lines for all parties to the appeal to provide the Appeal Panel and all other parties with the documentary and, if permitted, video evidence upon which they intend to rely upon in support of their position with respect to the Decision;
5. where verbal evidence will be permitted at the appeal, time lines for all parties to the appeal to provide the Appeal Panel and all other parties with the names and addresses of the parties providing verbal evidence and the nature of testimony that will be given by the named individuals;
4. Where verbal evidence is permitted at an appeal hearing, all parties to the appeal shall have the right to be present during the presentation of the verbal evidence and to ask question of and cross examine the individual giving such verbal evidence.
9. The Appeal Panel, in the absence of prior approval by the board of directors of Rugby Canada in advance of the appeal hearing, having regard to the unique circumstances and complexity of the matter under appeal, shall render its decision within 21 days of the hearing of the appeal.

National Team Selection Appeals:

10. Selection to national teams may be made close to the time that the team is to depart for a competition, allowing little time for an appeal from a selection decision to be heard or to give effect to a successful appeal. For this reason an Appeal Panel will be appointed in advance of any national team selection decisions. The members of the Appeal Panel will familiarize themselves with the published criteria by which national team selections are to be made so as to be able to respond quickly in the event of an appeal.
11. Appeals from team selection decisions must be sent in writing to the Rugby Canada CEO as soon as possible, and in any event within 72 hours, after publication or official notification of the decision in respect of team selection. No payment of an Appeal Bond is required for national Team Selection Appeals.
12. Having regard to the short time lines in which appeals in respect of National Team Selection must be heard and decisions in respect thereof rendered, National Team Selection appeals will be based on documentary evidence alone and no video or verbal evidence shall be permitted unless the Member appealing the Decision waives the requirement set out herein of the Appeal Panel to render a decision within 48 hours of receipt of the written notice.
13. In hearing an appeal of a National Team Selection the Appeal Panel will consider the published criteria by which the selection was to be made and the extent to which those criteria were applied in practice, recognizing that a certain element of subjective judgment on the part of the decision maker may be inevitable.
14. Having regard to the short time lines in which appeals in respect of National Team Selection must be heard and decisions in respect thereof rendered, the Appeal Panel will provide its decision on team selection appeals within a time frame that enables a successful appeal to be implemented, and in any case within 48 hours of receipt of the written appeal.

AAP Carding Appeals:

15. AAP Carding appeals shall proceed in the same manner as General Appeals, as set out in Articles 5 to 9 hereof, with the exception that the Appeal Panel shall render its decision within 7 days of the hearing of the appeal by the Member as opposed to the 21 day time frame set out at Article 9 hereof.

Appeals of the Appeal Panel Decision:

16. A party to an appeal may appeal the decision of the Appeal Panel to an outside body as follows:
1. To the Sport Dispute Resolution Centre/Centre de règlement des différends sportifs du Canada (SDRCC/CRDSC) if the matter meets the criteria of a dispute that body will hear (detailed information of that body’s Alternative Dispute Resolution process can be obtained from www.adrsportred.ca); or
2. If the dispute does not meet the criteria of the SDRCC/CRDSC, to an arbitration before a single arbitrator acceptable to the parties to the appeal, or in the absence of agreement between the parties, selected by the Chairman of Rugby Canada. The arbitrator shall carry out the arbitration in accordance with standard arbitration practice as it prevails in the province in which the arbitration is being held. The parties shall share the costs of the arbitrator and shall each bear their own costs to participate in the arbitration.

(the “External Appeal”)

The decision arising from an External Appeal shall be final and binding upon all parties and no appeal shall be made therefrom.