OPERATING POLICY
APPEALS POLICY
DEFINITIONS
Within the following policy the term “member” refers to any director, employee
(including contract personnel), coach, athlete, official, manager, committee member,
volunteer of either the LNSS or any of its affiliated bodies. The term “appellant” refers to
the member appealing a decision and the term “respondent” refers to the body whose
decision is being appealed.
GENERAL
The Lacrosse Nova Scotia Society (LNSS) and all of its affiliated bodies shall utilize the
following generic policy and procedure for all and any appeal conducted in Nova Scotia,
except in the specific case identified Item 2 below.
APPEAL POLICY
1. Any member of the Lacrosse Nova Scotia Society (LNSS) or its affiliated bodies who
is affected by a decision of the Board, of any Committee of the Board, or of any body or
individual who has been delegated authority to make decisions on behalf of the Board
shall have the right to appeal that decision.
2. This policy shall not apply to matters relating to the LNSS Anti Harassment Operating
Policy, which has its own documented appeal procedure, or to matters relating to the
Rules of the Game, which may not be appealed.
3. The appeal process within LNSS has two separate resolution paths:
♦ The Appeal Committee of the appropriate Affiliated Body, then if the appellant
considers it necessary the Appeal Committee of the LNSS and finally if the
appellant considers it necessary the Appeal Committee of the CLA.
♦ The Appeal Committee of the LNSS and finally if the appellant considers it
necessary the Appeal Committee of the CLA.
4. An appeal, at any level, may only be heard if there are sufficient grounds for the appeal.
Sufficient grounds include the respondent:
♦ Making a decision for which it did not have authority or jurisdiction as set out in
governing documents.
♦ Failing to follow their own documented procedures and/or those as laid out in
the by-laws or approved policies of a higher authority.
♦ Making a decision, which was influenced by bias.
♦ Failing to consider relevant information or taking into account irrelevant
information in making the decision.
♦ Exercising its discretion for an improper purpose.
♦ Making a decision, which was unreasonable.
5. Each Appeal Committee’s decisions must be in compliance the next higher levels
By-Laws, Operating Policies and Operating Rules and Regulations.
6. The decision of the last Appeal Committee involved, in an appeal, shall be final
and binding, and not open to any further appeal or intervention by any court.
APPEAL PROCEDURES
7. Members who wish to appeal a decision shall have 10 days from the date on which they
received notice of the decision, to submit to the LNSS President / Appropriate Affiliated
Body’s Designee, the following:
♦ A written Appeal Request that completely, clearly and precisely states the grounds
for the appeal.
Note: Only those grounds declared in writing can be addressed during any
subsequent Appeal Hearing.
♦ A certified cheque, cash or money order in the amount of $125.00.
Note: Only if the appellant is successful will the appeal fee be returned,
otherwise it is forfeited.
8. Within 10 days of receiving both the Appeal Request and the $125.00 fee, the LNSS
President / Appropriate Affiliated Body’s Designee shall appoint a Facilitator (optional)
and three persons to constitute an Appeal Committee, in accordance with the following:
♦ The committee shall be comprised of members in good standing who shall have
no significant relationship with the appellant, shall have had no involvement with
the decision being appealed, and shall be free from actual or perceived bias or
conflict.
♦ In appointing the committee, consideration shall be given to the geographic
location of the appellant, respondent and committee members, in order to
minimize the inconvenience and expense to all parties.
♦ If at all feasible, one of the committee members should be from among the
appellant’s peer group.
♦ When ever possible, the appellant should be given an opportunity to
recommend one of the Appeal Committee members, provided that
member satisfies the obligatory eligibility criteria above.
9. Within 7 days of its appointment the Appeal Committee shall review the notice of
the appeal and reasons for the appeal and shall decide whether or not there are
sufficient grounds for an appeal. This decision is discretionary and may not be
appealed.
10. If the Appeal Committee is satisfied that there are not sufficient grounds for an appeal,
it shall notify the appellant of this decision in writing, stating reasons. If the Appeal
Committee considers that there are sufficient grounds for an appeal, then it shall
conduct a Hearing.
11. If the Appeal Committee conducts a Hearing, it shall govern the Hearing by such
procedures as it deems appropriate in the circumstances, provided that:
♦ The Hearing shall be held within 21 days of the committee’s appointment.
♦ The appellant and respondent shall be given 10 days written notice of the day,
time and place of the Hearing. Both parties will also be advised of whom is
on the committee and asked if they have any objections to any of them hearing
and deciding upon the appeal.
♦ If the LNSS President / Appropriate Affiliated Body’s Designee did not appoint
a Facilitator, the committee members shall select from among themselves a
Chairperson.
♦ A quorum shall be all three of the committee members.
♦ Decisions shall be by majority vote.
♦ Copies of any written documents which either the appellant or respondent wish
to have the committee consider shall be provided to all parties at least 2
days in advance of the Hearing.
♦ A representative or adviser, including legal counsel, may accompany both
the appellant and respondent.
♦ The committee may request that any other individual participate and give
evidence at the Hearing.
12. Only in extenuating circumstances (such as to keep personal costs at the minimal level
possible) the Appeal Committee may, with the prior approval of the LNSS President / Appropriate
Affiliated Body’s Designee, conduct the Hearing by means of a conference call.
13. Within 3 days of concluding the Hearing, the Appeal Committee shall issue its written
decision, with reasons, to the Appellant, the Respondent and the LNSS
President / Appropriate Affiliated Body’s Designee. The Appeal Committee may
decide:
♦ To void, vary or confirm the decision being appealed.
♦ To make any decision it feels the respondent could and should have made.
♦ To refer the matter back to the respondent for a new decision, correcting
any errors that were made.
14. In the event that an appellant decides to take his/her appeal further, then Steps 7 through
to 13 of the appeal process will be repeated at the next higher level of Appeal Committee.
15. If the circumstances of the dispute are such that this policy will not allow a timely appeal,
the LNSS President / Appropriate Affiliated Body’s Designee may direct that these
timelines be shortened. Should this be the case, the appellant, respondent and members
of the Appeal Committee will make every reasonable effort to comply with the revised
timelines in order to conclude the appeal in a timely manner.
16. If the circumstances of the dispute are such that an appeal cannot be concluded
within the timelines of this policy, the LNSS President / Appropriate Affiliated
Body’s Designee may seek agreement from the appellant and respondent to extend
the timelines.
17. Only the appellant shall have the right to decline a Hearing in favour of a documentary
review. Should this be the case, the Appeal Committee shall request both appellant
and respondent to provide written submissions, upon which the Appeal Committee
shall make its decision. The Appeal Committee may direct such timelines, as
it deems appropriate in the circumstances in order to conclude the appeal in
a timely manner.
