KIMBERLEY NORTH STAR RACERS Member Conduct, Dispute Resolution
and Appeals Policy
November 2009
KIMBERLEY NORTH STAR RACERS Member Conduct, Dispute Resolution and Appeals Policy
GENERAL
1. Principles of Natural Justice
a) The procedures followed under the policies of KIMBERLEY NORTH STAR RACERS shall adhere to the
principles of natural justice, which means that:
a) the parties will be advised of the provisions of this policy;
b) the parties will be given an opportunity to present evidence in support of their
positions and to defend themselves against allegations;
c) the issues will be clearly and concisely stated so that the parties are aware
of the allegations;
d) the parties will have the right to be represented at any stage of the process
at their own expense;
e) the parties will receive copies of all notices, statements, reports and
decisions;
f) the decision-makers have a duty to listen fairly to both sides and to reach a
decision untainted by bias; and
g) the parties have the right to an appeal pursuant to the provisions of the
Appeals Policy.
b) The resolution of disputes and appeals should proceed as expeditiously as
possible within the specified time limits. However, failure to meet the specified time
limits will not invalidate the process set out in these policies.
2. Confidentiality
Subject to any limits or disclosure requirement imposed by law or required by the
policies of KIMBERLEY NORTH STAR RACERS, including the policies contained herein, any and all information,
oral and written, created, gathered, received or compiled during and through the course
of a proceeding under these policies, including details regarding a proceeding itself, is to
be treated as confidential by all parties; provided that decisions of the Appeals Panel
shall be made public unless the Appeals Panel determines otherwise.
3. Representation by a Responsible Adult
3.1 If a party is a minor (the “minor party”), or someone otherwise unable to speak for
him or herself, a proceeding may be brought forward by a “Responsible Adult.”, being a
parent, guardian, or other adult of the person’s choice who may speak on behalf of a
minor party.
3.2 The Responsible Adult will have the right to act on behalf of the minor party
throughout the proceeding.
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PART I
MEMBER CONDUCT POLICY
1. Purpose
KIMBERLEY NORTH STAR RACERS is committed to providing a sport environment that reflects KIMBERLEY NORTH STAR Racer’s
values of community, personal development, sportsmanship, ethical conduct and
excellence. Membership in KIMBERLEY NORTH STAR RACERS, and participation in its activities, brings with it
many benefits and privileges that are balanced by Member responsibilities and
obligations.
This policy defines the parameters for these responsibilities and obligations and
identifies a standard for behavior that is expected of all Members. This policy also
identifies procedures to be followed when this standard is not achieved.
Compliance with this policy, as with all rules in a civil and democratic society, depends
primarily upon understanding and voluntary compliance; secondarily upon reinforcement
by peers and others; and finally, when necessary, upon enforcement through disciplinary
proceedings.
2. Application of this Policy
2.1 This policy applies to all categories of members in KIMBERLEY NORTH STAR RACERS and all individuals
participating in activities with or employed by KIMBERLEY NORTH STAR RACERS, including without limitation,
athletes, coaches, officials, volunteers, directors, officers, team managers, medical and
other support personnel, administrators, staff and contract personnel of KIMBERLEY NORTH STAR RACERS
(“Members”). - The KIMBERLEY NORTH STAR RACERS clubs shall be responsible for the implementation of their
own club Member Conduct Dispute Resolution and Appeals Policy. In appropriate
circumstances KIMBERLEY NORTH STAR RACERS is willing and able to dialogue with the club to determine
whether KIMBERLEY NORTH STAR RACERS should assist or be responsible for an issue if requested by the club.
For actions that are directly under the supervision of KIMBERLEY NORTH STAR RACERS, KIMBERLEY NORTH STAR RACERS will follow
this policy.
2.2 This policy does not apply to matters that are:
a) properly the subject of policies relating to funding, technical matters, team
selection or other eligibility criteria within the jurisdiction of KIMBERLEY NORTH STAR RACERS or another
entity;
b) doping offences, which are dealt with through the Canadian Anti-Doping Program;
or
c) commercial matters for which another dispute resolution process exists under a
contract or applicable law, including employment law.
3. Expected Standard of Conduct
3.1 All Members of KIMBERLEY NORTH STAR RACERS are expected to reflect KIMBERLEY NORTH STAR Racers values of
community, personal development, sportsmanship and excellence and to conduct
themselves in an ethical and law-abiding manner. As such all Members will:
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a) Demonstrate through words and actions the spirit of sportsmanship, sports
leadership and ethical conduct;
b) Treat others with respect and refrain from negative or disparaging remarks or
conduct;
c) Not knowingly place themselves in a situation that could give rise to a conflict
between personal interests and the interests of KIMBERLEY NORTH STAR RACERS. For the purposes of
this policy, conflict of interest is defined as ‘a situation where a Member, or an
entity with which he or she is affiliated, has a real or perceived competing interest
with KIMBERLEY NORTH STAR Racer’s activities. This competing interest may result in the Member, or
the entity with which the Member is affiliated, being in a position to benefit from the
situation or in KIMBERLEY NORTH STAR RACERS not being able to achieve a result which would be in the
best interest of KIMBERLEY NORTH STAR RACERS. KIMBERLEY NORTH STAR RACERS recognizes that some situations may
present conflicts that are not materially harmful. As a result, KIMBERLEY NORTH STAR Racers Board of
Directors or CEO, as appropriate, will address such situations on a case-by-case
basis. All Members are responsible to report to KIMBERLEY NORTH STAR RACERS all instances of real or
perceived conflict so that a determination can be made as to whether the particular
instance is in fact harmful to KIMBERLEY NORTH STAR RACERS or its Members.
d) Avoid the non-medical use of drugs or the use of performance-enhancing drugs or
methods; Banned substances can be found on www.cces.ca
e) All KIMBERLEY NORTH STAR RACERS members shall abstain from the use of illegal drugs and immoderate
use of alcohol
f) Refrain from any behavior that may constitute harassment, where harassment is
defined as”any behavior, including communication, conduct or gesture, that: (I) is
insulting, intimidating, humiliating, hurtful, malicious, degrading, bullying or
otherwise offensive to an individual or group of individuals (including a statement
with respect to a Prohibited Ground, as defined below, or otherwise); or (ii) would
be considered by a reasonable person to create an intimidating, humiliating or
uncomfortable work or sport-related environment. The BC Human Rights Code
provides that no person shall discriminate against another person with respect to,
among other things, employment, publications, accommodation, service, and
facilities on any of the following grounds (the “Prohibited Grounds”):
- · race
- · colour
- · ancestry
- · place of origin
- · political belief
- · marital status
- · conviction for an offense
unrelated to employment
- · physical disability
- · mental disability
- · sex
- · age
- · sexual orientation
- · family status
- · religion
g) Refrain from any behavior that constitutes sexual misconduct, where sexual
misconduct is defined as ‘(I) the use of power or authority in an attempt to coerce
another person to engage in or tolerate sexual activity, including explicit or implicit
threats of reprisals for non-compliance or promises of reward for compliance, or (ii)
engaging in deliberate or repeated unsolicited sexually-oriented comments,
anecdotes, gestures or touching that are offensive or unwelcome, that create an
offensive, hostile or intimidating environment, or that can reasonably be expected to
be harmful to the recipient or to teammates’;
h) Comply at all times with the bylaws, policies, rules and regulations of KIMBERLEY NORTH STAR RACERS as
adopted and amended from time to time, including complying with any contracts or
agreements executed with or by KIMBERLEY NORTH STAR RACERS.
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3.2 Athletes, coaches and officials have additional responsibilities. Coaches will:
a) Consistently display high personal and professional standards and project a positive
image of the sport and of coaching;
b) Ensure a safe training environment by selecting activities and establishing controls
that is suitable for the age, experience, ability and fitness level of athletes;
c) Actively assist in sustaining the present and future health of athletes by
communicating and cooperating with registered medical practitioners in the
diagnosis, treatment and management of injuries and other associated health or
fitness problems;
d) Educate athletes about the dangers of drugs and performance-enhancing
substances;
e) Avoid any behavior that abuses the power imbalance inherent in the coaching
position for any reason including, without limitation, to (I) establish or maintain a
sexual relationship with an athlete that he or she is coaching, or (ii) encourage
inappropriate physical or emotional intimacy with an athlete, regardless of the
athlete’s age;
f) Accept and promote athletes‟ personal goals and, as need and opportunity arises,
refer athletes to other coaches and sports specialists;
g) In the case of minors, communicate and cooperate with the parents/guardians of
athletes and involve them to an appropriate degree in decisions pertaining to the
athlete’s development and communicate and cooperate with parents in matters
relating to the athlete’s personal development;
h) Consider the academic pressures placed on student-athletes and respect the
importance of academic success;
I) Adhere to KIMBERLEY NORTH STAR RACERS rules regarding advertising, clothing and logos;
3.3 Athletes will:
a) Report any health- or fitness-related problems in a timely fashion, where such
problems may limit the athlete’s ability to travel, train, compete or, in the case of
carded athletes, interfere with the athlete’s ability to fulfill requirements under the
Athlete Agreement
b) Participate in all competitions, events, activities or projects to which the athlete has
made a commitment;
c) Adhere to KIMBERLEY NORTH STAR RACERS rules regarding advertising, clothing and logos.
d) be prohibited to use illegal drugs and alcohol
3.4 Officials will:
a) Conduct all events according to the rules of KIMBERLEY NORTH STAR RACERS, with the integrity of the sport
and each athlete’s performance in mind;
b) Work in cooperation with other officials, assisting less experienced colleagues, and
refraining from public criticism of other officials;
c) Avoid any behavior that abuses the power imbalance inherent in an official’s
position for any reason including, without limitation, to (I) establish or maintain a
sexual relationship with an athlete, or (ii) encourage inappropriate physical or
emotional intimacy with an athlete, regardless of the athlete’s age.
4. Types of Infractions
4.1 Failure by a Member to achieve the expected standard set out above may result in
an infraction and the imposition of discipline. Infractions are divided into two types, minor
infractions and major infractions, which are dealt with using different procedures.
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4.2 Minor infractions are single incidents of failing to achieve the expected standards
of conduct that generally do not result in harm to others. Examples of minor infractions
include, but are not limited to:
a) single instances of failing to meet the standards of conduct set out in section 3;
b) single instances of disrespectful comments or behavior directed towards others;
c) single instances of unsportsmanlike conduct;
d) being late for or absent from KIMBERLEY NORTH STAR RACERS events or portions of events and activities
at which attendance is expected or required;
e) single instances of non-compliance with the policies and rules of KIMBERLEY NORTH STAR RACERS.
4.3 All disciplinary situations involving minor infractions will be dealt with by the
appropriate person having authority over the Member involved: this person may include,
but is not restricted to, a coach, event official, team manager, Board member, or senior
staff member.
4.4 Major infractions are instances of failing to achieve the expected standards of
conduct that result, or have the potential to result, in harm to other persons, to BC
Alpine or to the sport of Alpine Ski Racing. Examples of major infractions include, but
are not limited to:
a) repeated minor infractions;
b) activities or behaviors that interfere with a competition or with any athlete or
coach's preparation for a competition;
c) pranks, jokes or other activities that endanger the safety of others, including
hazing;
d) deliberate disregard for the policies and rules of KIMBERLEY NORTH STAR RACERS;
e) conduct that damages the image, credibility or reputation of KIMBERLEY NORTH STAR RACERS;
f) behavior that constitutes harassment;
g) behavior that constitutes sexual misconduct;
h) abusive use of alcohol, any use of alcohol by minors, use of illicit drugs and
narcotics, or use of banned performance enhancing drugs or methods.
4.5 Major infractions will be reviewed and decided using the disciplinary procedures
set out in this policy.
4.6 Major infractions that occur during a competition may be dealt with immediately by
the appropriate person having authority, such as a Technical Delegate, coach, or senior
staff person. In such situations, disciplinary sanctions will be for the duration of the
competition only. Further sanctions may be applied but only after review of the matter
using the disciplinary procedures set out in this policy.
5. Reporting an Infraction
5.1 Any individual may report to an Official of KIMBERLEY NORTH STAR RACERS a complaint of an infraction.
Such complaint must be in writing. An „Official‟ is the CEO or the President of KIMBERLEY NORTH STAR RACERS
or any person in a similar staff or volunteer position within KIMBERLEY NORTH STAR RACERS.
5.2 A report of infraction must be submitted in writing within 7 days of the date of the
infraction occurring. If an individual wishes to submit a report of an infraction beyond
this time limit, it must be accompanied by a written request stating reasons for the
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extension. The decision to allow the extension of time shall be made by the Case
Manager and shall be final.
6. Case Manager
6.1 KIMBERLEY NORTH STAR RACERS will name an individual to act as a Case Manager If KIMBERLEY NORTH STAR RACERS names
a Case Manger, they shall be trained in respect of this policy and its procedures and shall
serve in a neutral unbiased capacity, to provide information about the resources and
support available in respect of matters arising under this policy.
6.2 Upon receipt of a complaint the CEO or Chair of KIMBERLEY NORTH STAR RACERS may ask Sport BC to
appoint a Case Manager.
6.3 The role of the Case Manager is (I) to serve in an unbiased capacity; (ii) to provide
information about the resources and support available to the parties; and (iii) to facilitate
and administer the process under this policy. The Case Manager must not have any
personal or professional involvement with the parties involved in the complaint and no prior
involvement with the matter under consideration.
6.4 In the case of a complaint, the Case Manager will review the complaint and may:
a) Dismiss the complaint if he or she considers it to be trivial, vexatious or untimely;
b) Determine that the complaint does not fall within the jurisdiction of this policy, and
refer it the appropriate body having jurisdiction;
c) Direct that the complaint be dealt with informally as a minor infraction; or
d) Refer the matter to a Discipline Committee to deal with as a major infraction.
7. Discipline Committee
7.1 If the Case Manager is satisfied that the complaint should be referred to a
Discipline Committee, the Case Manager shall appoint a Discipline Committee
composed of 3 persons.
7.2 The members of the Discipline Committee may be selected from a roster
maintained by KIMBERLEY NORTH STAR RACERS . In any event, no members of the Discipline Committee shall
have any personal or professional involvement with the parties involved in the complaint
and no prior involvement with the matter under consideration.
7.3 The Discipline Committee has an overall responsibility to ensure procedural
fairness is respected at all times during the disciplinary process and to carry out this
process in a timely manner.
7.4 Depending on the circumstances of the complaint, the Discipline Committee may
authorize an investigation into the alleged infraction.
7.5 The Discipline Committee may determine that an alleged infraction is of such
seriousness as to warrant suspension of the Member, pending investigation, a hearing
and a disciplinary decision.
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7.6 The Discipline Committee will determine the format of the disciplinary process,
which may involve an oral hearing in person, an oral hearing by telephone, a hearing
based on written submissions or a combination of these methods.
7.7 The Member and the party alleging the infraction will be given reasonable notice of
the format as well as day, time and place of the hearing; will receive a copy of the
Investigation Report if an investigation was carried out; may be accompanied by a
representative; and will have the right to present evidence and argument before the
Discipline Committee. The President and the CEO of the KIMBERLEY NORTH STAR RACERS and such other
parties as the Discipline Committee deems appropriate shall be given reasonable notice
of the format as well as day, time and place of the hearing; shall receive a copy of the
Investigation Report if an investigation was carried out; may be accompanied by a
representative if considered appropriate by the Discipline Committee; and will have the
right to present evidence and argument before the Discipline Committee if considered
appropriate by the Discipline Committee.
7.8 After hearing the matter, the Discipline Committee will reach a decision as to
whether an infraction has occurred and if it has, what the sanction should be. The
Discipline Committee will issue a written decision, including reasons, for distribution to
the Member, the Complainant, the Case Manager, the Board of Directors of the BC
Alpine and the CEO of the KIMBERLEY NORTH STAR RACERS.
7.9 Where the conduct being reviewed by this policy is of a sensitive nature, the
Discipline Committee and KIMBERLEY NORTH STAR RACERS will keep all proceedings under the policy
confidential, except where publication is ordered as part of the sanction, is stipulated by
the Canadian Anti-Doping Program, is requested by Sport BC, is required by law, or is in
the best interests of the public.
7.10 In fulfilling its duties, and with the approval of the CEO or the Chair of the BC
Alpine, the Discipline Committee may obtain independent advice.
8. Disciplinary Sanctions
8.1The following are examples of disciplinary sanctions that may be applied, singly or in
combination, where it is found that an infraction has occurred:
a) verbal or written reprimand;
b) request for a verbal or written apology;
c) service or other voluntary contribution to KIMBERLEY NORTH STAR RACERS;
d) removal of certain privileges of membership or employment;
e) suspension from certain events, which may include suspension from the current
competition or from future teams or competitions;
f) suspension from certain KIMBERLEY NORTH STAR RACERS activities such as competing, coaching or
officiating for a designated period of time;
g) removal of funding;
h) suspension from all KIMBERLEY NORTH STAR RACERS activities for a designated period of time;
I) expulsion from membership; or
j) publication of the disciplinary sanction.
8.2 It is understood that the above are representative penalties only and that they may
be modified to fit the circumstances of the infraction.
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9. Criminal Convictions
A conviction at any time, whether prior to becoming a Member of while a Member, for
any of the following Criminal Code offenses, regardless of whether the individual has
been pardoned for such conviction, will be deemed a major infraction under this Policy
and will result in the applicable Member’s expulsion from KIMBERLEY NORTH STAR RACERS and removal from
all KIMBERLEY NORTH STAR RACERS programs, activities and events:
a) Child pornography offences;
b) Any sexual offences involving a minor;
c) Any offence of assault involving a minor;
d) Any offence of physical or psychological violence involving a minor; or
e) Any offence involving trafficking of illegal drugs or substances listed on the
Canadian Anti-Doping Program’s Prohibited List.
10. Appeals
Appeals of decisions rendered under this policy will be dealt with using the KIMBERLEY NORTH STAR RACERS
Appeals Policy.
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DISPUTE RESOLUTION POLICY
1. Purpose
The purpose of this policy is to provide a procedure for effective dispute resolution within
KIMBERLEY NORTH STAR RACERS. It is intended that this policy will be used to resolve issues that are not
covered by the Member Conduct Policy or any of the organization’s other policies,
including those relating to technical/funding/team selection/eligibility matters. This policy
will also not apply to matters described in section 2.3 below.
2. Application
2.1 This Policy applies to all categories of members in KIMBERLEY NORTH STAR RACERS and all individuals
participating in activities with or employed by KIMBERLEY NORTH STAR RACERS, including without limitation,
athletes, coaches, officials, volunteers, directors, officers, team managers, medical and
other support personnel, administrators, staff and contract personnel of KIMBERLEY NORTH STAR RACERS
(“Members”).
2.2 For the purposes of this policy, a dispute may occur:
a) at sporting events, competitions or training sessions;
b) at the office;
c) at office- or sport-related social functions;
d) at KIMBERLEY NORTH STAR Racers business or sport functions, such as meetings, conferences,
training sessions, and workshops;
e) during work- or sport-related travel;
f) via the telephone, electronic and/or other telecommunication devices; or
g) elsewhere if the dispute arises as a result of work- or sport-related responsibilities
or a work- or sport-related relationship.
2.3 This policy does not apply to matters that are:
a) properly the subject of the Member Conduct Policy;
b) properly the subject of policies relating to funding, technical matters, team
selection or other eligibility criteria within the jurisdiction of KIMBERLEY NORTH STAR RACERS or another
entity;
c) doping offences, which are dealt with through the Canadian Anti-Doping Program;
or
d) commercial matters for which another dispute resolution process exists under a
contract or applicable law, including employment law.
3. Request for Review
3.1 A Complainant seeking resolution of a dispute under this policy shall provide a
written Request for Review to an Official of KIMBERLEY NORTH STAR RACERS. An „Official‟ is the CEO or the
Chair of KIMBERLEY NORTH STAR RACERS or any person in a similar staff or volunteer position within BC
Alpine.
3.2 A Request for Review must be submitted by the Complainant within 7 days of the
date of the matter giving rise to the dispute. If a Complainant wishes to submit a
Request for Review beyond this time limit, it must be accompanied by a written request
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stating reasons for the extension. The decision to allow the extension of time shall be
made by the Case Manager and shall be final.
4.1 Case Manager
4.1 Upon receipt of the Request for Review the Chair may ask Sport BC to appoint a
Case Manager.
4.2 The Case Manager shall (I) serve in an unbiased capacity; (ii) provide information
about the resources and support available to the parties involved in the dispute; (iii) seek to
facilitate an informal and/or formal resolution of the Request for Review; (iv) undertake
such investigation as the Case Manager considers necessary in connection with the
Request for Review; (v) make recommendations to the Board of Directors of KIMBERLEY NORTH STAR RACERS for
resolution of the dispute and such further action as the Case Manager may consider
necessary or desirable.
4.3 The Case Manager must not have any personal or professional involvement with
either the Complainant or Respondent and no prior involvement with the matter under
consideration.
5. Investigation and Report to the Board
5.1 Where the Case Manager is unable to informally resolve the dispute to the
satisfaction of the parties, he/she shall undertake such further investigation as to the
facts and circumstances of the dispute as he/she considers necessary and advisable.
5.2 Upon conclusion of the investigation, the Case Manager shall prepare a report to
the Board of Directors of KIMBERLEY NORTH STAR RACERS and may recommend any measures considered
appropriate, including disciplinary action, to resolve the dispute. A copy of the report
shall be provided to the parties to the dispute.
5.3 As soon as practicable after receipt and review of the report, the Board of
Directors of KIMBERLEY NORTH STAR RACERS shall, in a timely manner, determine to take such action as it
sees fit. A copy of such decision shall be provided within 7 days to the parties to the
dispute, the CEO of the KIMBERLEY NORTH STAR RACERS, and the Case Manager.
6. Appeals
Appeals of decisions rendered under this policy will be dealt with using the KIMBERLEY NORTH STAR RACERS
Appeals Policy.
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PART II
APPEALS POLICY
1. Purpose
The purpose of this policy is to enable appeals from decisions to be dealt with fairly,
expeditiously and affordably, within KIMBERLEY NORTH STAR RACERS and without recourse to legal
proceedings.
2. Application
2.1 This policy applies to all categories of members in KIMBERLEY NORTH STAR RACERS and all individuals
participating in activities with or employed by KIMBERLEY NORTH STAR RACERS, including without limitation,
athletes, coaches, officials, volunteers, directors, officers, team managers, medical and
other support personnel, administrators, staff and contract personnel of KIMBERLEY NORTH STAR RACERS
(“Members”).
2.2 A Member who is affected by a decision of the Board of Directors of KIMBERLEY NORTH STAR RACERS, of
any other Committee of the Board of Directors of the KIMBERLEY NORTH STAR RACERS, or of any body or
individual who has been delegated authority to make decisions on behalf of the Board of
Directors or KIMBERLEY NORTH STAR RACERS, will have the right to appeal that decision, provided there are
sufficient grounds.
2.3 This right to appeal will not apply to decisions relating to:
a) Infractions for doping offences, which are dealt with through the Canadian Anti-
Doping Program;
b) Eligibility or team selection matters that are within the jurisdiction of entities other
than KIMBERLEY NORTH STAR RACERS;
c) Matters of budgeting, budget implementation, or operational structure;
d) Matters that are decided by the general membership of KIMBERLEY NORTH STAR RACERS;
e) Commercial matters for which another dispute resolution process exists under a
contract or applicable law, including employment law;
f) The rules of the sport of Alpine Ski Racing;
g) Any decision made under Section 5 of this Policy.
3. Notice of Appeal
3.1 Members who wish to appeal a decision will have 30 days from the date on which
they received notice of the decision, to submit in writing a Notice of Appeal to the CEO
and the Chair of KIMBERLEY NORTH STAR RACERS.
3.2 The Notice of Appeal will contain the contact information for the Appellant, the
name of the Respondent (the individual or body whose decision is being appealed),
grounds for the appeal, a summary of the evidence that supports these grounds, and the
remedy or remedies requested.
3.3 At the time of delivering the Notice of Appeal, the Appellant may also submit a
written request for the Appeals Panel to rule that any sanctions related to the decision
under appeal be held in abeyance until after the hearing.
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4. Appeals Manager
4.1 Upon receipt of a Notice of Appeal, the President may request Sport BC to appoint an
Appeals Manager.
4.2 The role of the Appeals Manager is (I) to serve in an unbiased capacity; (ii) to provide
information about the resources and support available to the parties; and (iii) to facilitate
and administer the process for appeals. The Appeals Manager must not have any personal
or professional involvement with either the Appellant or Respondent and no prior
involvement with the matter under consideration.
5. Grounds of Appeal
Not every decision may be appealed. Decisions may only be appealed, and appeals
may only be heard, on procedural grounds. Procedural grounds are strictly limited to the
Respondent:
a) Making a decision for which it did not have authority or jurisdiction as set out in
governing documents;
b) Failing to follow procedures as laid out in the bylaws or approved policies of BC
Alpine;
c) Making a decision that was influenced by bias, where bias is defined as ‘a lack of
neutrality to such an extent that the decision-maker is unable to consider other
views, or made a decision that was influenced by factors unrelated to the merit is of
the decision’; or
d) Making a decision that is grossly unreasonable or unfair.
6. Screening of Appeal
6.1 Within 7 days of receiving the Notice of Appeal, the Appeals Manager will
determine whether there is a right of appeal (Sections 2 and 5), whether the appeal has
been brought in a timely way (Section 3) and whether the appeal is brought on
appropriate grounds (Section 5).
6.2 If the appeal is denied on the basis that there is no right of appeal, that the appeal
is not timely, or that the appeal is based on insufficient grounds, the Appeals Manager
will notify the Appellant of this decision in writing, giving reasons. This decision is at the
sole discretion of the Appeals Manager and may not be appealed.
7. Appeals Panel
7.1 If the Appeals Manager is satisfied that there is a right of appeal and that there are
sufficient grounds for an appeal, the Appeals Manager shall send a copy of the Notice of
Appeal to the Respondent and an Appeals Panel composed of 3 persons will be
appointed by the Appeals Manager.
7.2 The members of the Appeals Panel may be selected from by KIMBERLEY NORTH STAR RACERS or Sport
BC. In any event, no members of the Appeals Panel shall have any personal or
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professional involvement with either the Appellant or Respondent and no prior
involvement with the matter under appeal.
7.3 The Appeals Panel, assisted by the Appeals Manager, is responsible to ensure
procedural fairness is respected at all times during the appeal process and to carry out
this process in a timely manner.
8. Appeal Hearing
8.1 The Appeals Panel will determine the format of the appeal hearing, which may
involve an oral hearing in person, an oral hearing by telephone, a hearing based on
written submissions or a combination of these methods.
8.2 The Appeals Panel may, in its discretion, hold a preliminary conference to consider
such procedural issues as it considers necessary. The parties to the appeal, any
affected party as determined by the Appeals Panel and Appeals Manager shall
participate in the preliminary conference.
8.3 The Appeals Panel will govern the hearings as it sees fit. The Appellant and
Respondent will be given reasonable notice of the hearing and will have the right to
present documents, evidence and arguments before the Appeals Panel.
8.4 If the decision of the Appeals Panel 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
9. Appeal Decision
9.1 Following the hearing, the Appeals Panel will issue its written decision, with
reasons.
9.2 In making its decision, the Appeals Panel will have no greater authority than that of
the original decision-maker. The Appeals Panel may decide:
a) To reject the appeal and confirm the decision being appealed; or
b) To uphold the appeal and refer the matter back to the initial decision-maker for a
new decision; or
c) To uphold the appeal and vary the decision but only where it is found that an error
occurred and such an error cannot be corrected by the original decision-maker for
reason of lack of clear procedure, lack of time or lack of neutrality.
9.3 A copy of the decision will be given to each of the parties, the Board of Directors
and to the CEO. The decision will be made public, unless the Appeals Panel directs
otherwise.
9.4 In extraordinary circumstances, the Appeals Panel may issue a verbal decision or
a summary written decision, with written reasons to follow.
9.5 Within 14 days after completing a hearing, the Appeals Panel shall send notice of
its decision and the reasons for such decision, by registered mail, to the last known
KIMBERLEY NORTH STAR RACERS Member Conduct, Dispute Resolution and Appeals Policy
Page 15
addresses of the Appellant and the Respondent, the Appeals Manager, Sport BC and to
KIMBERLEY NORTH STAR RACERS.
9.6 After completion of its duties, the Appeal Panel will turn over all copies of materials
related to the appeal to KIMBERLEY NORTH STAR RACERS.