KOOTENAY SWIM CLUB

Appeals Policy

1. Purpose

This Policy provides Participants with a fair, affordable and timely process to appeal certain KSC decisions on procedural grounds.

2. Definitions

Appellant – the person appealing a decision.

Respondent – the person or body whose decision is being appealed.

Appeal Manager – an impartial person appointed to screen and administer the appeal.

Adjudicator/Appeal Panel – the independent person or panel appointed to decide the appeal.

Days – calendar days, including weekends and holidays.

3. Decisions That May Be Appealed

• eligibility decisions made by KSC;
• selection decisions made by KSC;
• conflict-of-interest decisions;
• discipline decisions that are appealable under the Discipline and Complaints Policy; and
• membership decisions made by KSC.

4. Decisions Not Covered

• employment decisions;
• doping matters;
• the rules of swimming or an official’s field-of-play decision;
• selection criteria or quotas established by an organization other than KSC;
• budgeting and budget implementation;
• decisions of another organization that must be appealed under that organization’s policy;
• commercial or contractual matters with a separate dispute process; and
• decisions made under this Appeals Policy.

5. Timing and Notice of Appeal

An Appellant must submit a written Notice of Appeal within twenty-one (21) Days after receiving the decision. The Notice must identify the decision being appealed, the date received, the grounds of appeal, supporting reasons and evidence, and the remedy requested. A late appeal may be accepted only where the Appeal Manager determines that exceptional circumstances justify an extension.

6. Grounds for Appeal

An appeal is not a re-hearing merely because the Appellant disagrees with the result. The Appellant must establish one or more procedural grounds, including that the decision-maker:

• acted outside its authority or jurisdiction;
• failed to follow applicable KSC procedures;
• was materially biased or had an unresolved conflict of interest;
• failed to consider relevant information or relied materially on irrelevant information; or
• made a decision that was grossly or patently unreasonable in the circumstances.

The Appellant bears the burden of showing, on a balance of probabilities, that an appealable error occurred and had or may reasonably have had a material effect on the decision.

7. Informal Resolution and ADR

Before a formal hearing, KSC may attempt to resolve the appeal through discussion or ADR where appropriate and where the Parties agree.

8. Screening

• KSC will appoint an impartial Appeal Manager who has no material conflict of interest.
• The Appeal Manager will determine whether the appeal is within scope, timely and supported by sufficient grounds.
• If the appeal is denied at screening, the Appellant will receive written reasons.
• If accepted, the Appeal Manager will appoint an independent Adjudicator or, in exceptional circumstances, a three-person Appeal Panel.

9. Appeal Hearing

• The Adjudicator/Panel will choose a fair and proportionate format, which may include written submissions, videoconference, telephone, in-person hearing or a combination.
• The Parties will receive reasonable notice and an opportunity to provide relevant information and respond.
• A Party may be represented or assisted by an advisor or legal counsel at their own expense.
• The appeal may proceed if a Party, after proper notice, chooses not to participate.

10. Decision on Appeal

The Adjudicator/Panel may:

• dismiss the appeal and confirm the original decision;
• allow the appeal and refer the matter back to the original decision-maker or a new decision-maker with directions to correct the procedural error;
• vary the decision where the governing rules permit and the record is sufficient to do so; or
• make another procedural order necessary to achieve fairness.

The written decision should normally include reasons and will be final within KSC, subject to any further right of appeal available under Swim BC or Swimming Canada governing documents.

11. Effect of Appeal

The filing of an appeal does not automatically suspend the decision or sanction being appealed. The Appeal Manager or Panel may order a stay where fairness and safety considerations support it.

12. Confidentiality and Records

Appeal information and records will be handled confidentially and disclosed only as reasonably necessary to administer the appeal, implement the outcome, protect Participants or meet KSC’s legal and sport-governance obligations.