Archery Canada Complaint Resolution Policy

Preamble  

1. Membership in the Federation of Canada Archers (hereinafter referred to as ARCHERY CANADA) offers many benefits and privileges. It also entails responsibilities and obligations. All Members of Archery Canada, and the organization itself, are expected to comply with all Archery Canada by-laws, rules and policies – such as Codes of Conduct and selection criteria - fulfill contracts and agreements they have entered into and abide by all Archery Canada decisions which affect them.

2. The Archery Canada Dispute Resolution and Appeal Policy addresses Archery Canada’s obligation to establish mechanisms and procedures for resolving internal disputes. It also provides recourse to members who have valid grounds to appeal certain decisions made by Archery Canada, and the decisions of those to whom a decision making authority has been delegated by Archery Canada. The Policy reflects Archery Canada’s corporate commitment to treat all members fairly and with respect. It also responds to Sport Canada’s mandated requirements.

3. This Policy encompasses an integrated process that provides sufficient internal options and external alternatives to ensure that issues can be resolved with appropriate transparency and timeliness, and in accordance with the principles of natural justice and procedural fairness.

Definitions

4. For the purposes of this Policy, the following definitions apply:

a. Member – refers to all categories of Archery Canada Members, as well as to all individuals engaged in activities with Archery Canada. This includes, but is not limited to, athletes, coaches, officials, volunteers, directors, officers and staff.

b. Days – in the context of the time, by which an action must be complete, refers to total calendar days, irrespective of weekends or holidays.

c. Complainant – refers to the Member who makes an official complaint and is seeking redress.

d. Appellant – refers to the Member who is appealing an Archery Canada decision.

e. Respondent – refers to the individual or body which is the subject of a complaint or whose decision is being appealed.

f. National Team Program – refers to all of the various National Teams to which athletes are selected by Archery Canada and includes the male and female senior, junior and youth teams, various specifically selected Olympic Summer Games, World Championships, World Cup, and all of the Archery Canada training teams, and all of their activities.

. 

5. The several discrete but inter-related processes that comprise the Archery Canada Dispute Resolution are described briefly as follows:

a. Archery Canada Dispute Resolution Process. This Process applies to matters in dispute between Archery Canada and its Members, or between Members, relating to conduct or actions which are alleged to contravene Archery Canada by-laws, policies, rules and contracts/agreements. No final decision shall have been made with respect to the matters in dispute at the commencement of this Process. Parties who perceive that decisions rendered by the Panel at the conclusion of this Process are procedurally unfair may appeal such decisions through the Archery Canada Appeal Process. Alternatively, with the mutual consent of all affected parties, decisions rendered by the Panel at the conclusion of the Dispute Resolution Process may be submitted to binding arbitration pursuant to the national ADR-SPORT-RED Program (see paragraph 6 below). The Archery Canada Dispute Resolution Process is set out in detail at Annex A.

b. Archery Canada Summary Dispute Resolution Process. This Process applies only to individual Archery Canada Members who are athletes within the National Team Program and have signed the Archery Canada Athlete Contract. The Archery Canada Summary Dispute Resolution Process is a procedure which allows issues to be resolved in a time-sensitive fashion when recourse to the Archery Canada Dispute Resolution Process is not possible or practical. The Process is intended to facilitate and expedite decision-making when there is a critical lack of time such as when decisions may affect an athlete’s eligibility for competition or other time-sensitive participation with the National Team Program. The Process can be used by an athlete to appeal disciplinary sanctions imposed as a result of a breach of the Archery Canada Athlete Contract, or by Archery Canada to deal with other specified breaches or disputes. Decisions made pursuant to this Process may be appealed in the same manner as specified for the Archery Canada Dispute Resolution Process (see paragraph 5a above). The Archery Canada Summary Dispute Resolution Process is set out in detail at Annex B.

Not withstanding paragraph (b) above, for any matters related to the Athlete Assistance Program Nomination or de-carding, all appeals must follow the Policies and Procedures of Sport Canada's Athlete Assistance Program (AAP) Section 13.1 http://www.pch.gc.ca/progs/sc/pol/athlete05/1_e.cfm.

c. Archery Canada Appeal Process. This Process provides recourse for a Member to appeal, in limited situations, decisions made by Archery Canada or any Archery Canada body, such as the High Performance Committee, or any individual that has been delegated decision-making authority by the Archery Canada Board or Executive. Decisions which may be accepted for an appeal include, but are not limited to, carding, contracts, harassment, selection and discipline, as well as decisions made at the conclusion of the Archery Canada Dispute Resolution Process or Summary Dispute Resolution Process. The Archery Canada Appeal Process is set out in detail in the Appeal Policy document.

Understanding the Process

6. Individuals who are in doubt or who require further elaboration are invited to direct their questions to the Archery Canada Executive Director

List of Attachments

Annex A Archery Canada Dispute Resolution Process

Annex B Archery Canada Summary Dispute Resolution Process

Annex A

ARCHERY CANADA DISPUTE RESOLUTION PROCESS

Scope and Application

1. This Policy applies to matters in dispute between Archery Canada and Members arising from their respective responsibilities and obligations contained in all Archery Canada By-Laws, policies, rules and contracts. No final decision shall have been made with respect to the matters in dispute at the commencement of this Process.

Reporting a Complaint

2. Any individual subject to this Process (whether a Member or the representative of Archery Canada) may report a complaint to the Archery Canada Executive Director at the National Office. Before the Process can proceed, a complaint must be submitted in writing, together with a brief summary of the matters in dispute. As soon as possible on receipt of a complaint, the Executive Director shall inform the President of Archery Canada about the complaint, with the summary.

Screening of Complaint  

3. Within five days of receiving the written notice of the complaint and summary, the President or designate together with two other members of the Archery Canada Executive, not directly involved with the issue, shall determine whether the matters in dispute and the parties to the dispute are properly within the scope and application of this Process, or are more properly dealt with pursuant to another provision of the Dispute Resolution and Appeal Policy or another policy of Archery Canada. This decision regarding jurisdiction by the three Executive members is final and may not be appealed.

Investigation  

4. Depending on the nature of the reported complaint, the President, or designate, may appoint an independent individual to conduct an investigation in order to confirm the background and context of the complaint and to ascertain the facts. If an investigation is ordered, the Investigator shall carry out the task in a timely manner and at the conclusion shall submit a written report to the President.

Hearing Panel  

5. If the Executive Members are satisfied that this Process applies, then within 14 days of having received the original notice of the complaint or within 14 days of receiving the written report of the Investigator (if an investigation was carried out), the President shall establish a Hearing Panel (the “Panel”) and select the members of the Panel as follows:

a. The Panel shall be comprised of three individuals who shall have no significant relationship with the complainant, shall have had no specific involvement with the complaint or the dispute. The panel shall consist of at least two members of the Archery Canada Executive;

b. If an Archery Canada Member brings the complaint, one member of the Panel shall be the Member’s nominee. The Member may submit a list of three candidates from which the President shall select one candidate to be a member of the Panel. The Member’s three nominees shall have had no involvement with the complaint or the dispute, and shall be free from any other actual or perceived bias or conflict; and in the event that such a third member is not provided by the Complainant, the third member will be solicited from amongst the available members of the Board of Directors

c. The Panel members shall select a Chairperson from amongst its members.

Preliminary Conference  

6. The Panel may determine that the circumstances of the complaint warrant a preliminary conference, to be attended only by the panel. In most cases, the preliminary conference shall be conducted by telephone. The issues that may be considered at a preliminary conference include:

a. the format of the hearing, as the hearing may proceed by either a review of documentary evidence, an in-person hearing, an oral hearing by telephone or a combination of these methods. The Panel, in coming to its decision regarding the format of the hearing, must ensure that the hearing process complies with the principles of natural justice and provides procedural fairness to all parties;

b. the date and (if in-person) location of the hearing;

c. the timelines for the exchange of documents and the extent of disclosure required;

d. the clarification of issues in dispute;

e. the clarification of evidence to be presented to the Panel;

f. the order and procedure of the hearing;

g. the identification of witnesses; and

h. any other procedural matter which may assist in expediting the hearing.

7. The Panel may delegate to its Chairperson the authority to deal with any or all of these preliminary matters.

Procedure for an Oral Hearing  

8. Where the Panel has determined that the hearing shall be held by way of oral hearing, whether in-person or by telephone, the Panel shall govern the hearing by such procedures as it deems appropriate and fair, subject to the following provisions:

a. The hearing shall be held within 21 days of the Panel’s appointment.

b. The parties involved shall be given ten days written notice of the date, time, format

and place of the hearing.

c. The parties shall receive a copy of the Investigator’s report, where an investigation was carried out.

d. If the decision of the Panel may affect another party to the extent that the other party would have recourse to a hearing in their own right, that party shall become a party to the hearing in question.

e. Any of the parties at the hearing may be accompanied by a representative or advisor, including legal counsel.

f. The Panel may direct that any other person participate in the hearing.

g A quorum shall be all three Panel members.

h. Panel decisions shall be by majority vote, where the Chairperson carries a vote.

In the event that a Panel member is unable or unwilling to continue with the Process once initiated, the matter will be concluded by the remaining two Panel members. In the event of a split decision in a two member Panel, the Chairperson’s vote shall be decisive. The Complainant bears the onus of proof which must be discharged on a balance of probabilities.

Procedure for a Documentary Hearing  

9. Where the Panel has determined that the hearing shall be held by way of documentary review, it shall govern the hearing by such procedures as it deems appropriate and fair, subject to the following provisions:

a. All parties must be given a reasonable opportunity to review the Investigator’s report, where an investigation was carried out; to provide written submissions to the Panel; to review the written submissions of the other parties; to provide written rebuttal; and to provide written arguments.

b. The applicable principles and timelines set out in Paragraph 8 must be respected.

Evidence Which May Be Considered  

10. As a general rule, the Panel shall consider any evidence that is relevant to the matters in dispute. The normal rules of evidence will be relaxed. The Panel shall have authority to consider hearsay evidence provided the Panel gives to such evidence appropriate weight as might be reasonable in light of the circumstances of its inclusion.

The Decision  

11. Within 14 days of concluding the hearing, the Panel shall issue its written decision, with reasons. The Panel may decide:

a. to uphold the complaint;

b. to deny the complaint;

c. to design a remedy that, in the opinion of the Panel, will resolve the dispute.

However, in so doing the Panel is not authorized to change or alter any rule,

criteria, policy, procedure or bylaw of Archery Canada that has been properly

passed and implemented by the appropriate governing body. A remedy

designed by the Panel may include: an order of specific performance; a written

reprimand; removal of certain privileges, including the right to compete, train, coach, manage or provide team support for the National Team Program; suspension from the National Team Program, either for specified events or for a specified period of time; dismissal from the National Team Program, through termination of the Archery Canada Athlete Contract; or any other sanction which the Panel considers appropriate in the circumstances; and

d. to determine how costs of the hearing, excluding legal fees and legal

disbursements of any of the parties, shall be allocated, if at all.

12. A copy of the decision shall be provided to each of the parties and to the President. The Panel’s decision shall be binding on all parties to the dispute. In the case of an athlete who is a member of the National Team Program, failure to comply with a decision and remedy shall result in an automatic suspension of all the athlete’s privileges, and there shall be no further right to participate in any fashion as a member of the National Team Program until such time as the decision and remedy are complied with.

Timelines

13. If the circumstances of a complaint or a dispute are such that this Process will not allow a timely resolution of the matter, or if the circumstances of a complaint or a dispute are such that the matter cannot be resolved within the timelines dictated in this Process, the President or the Panel may direct that these timelines be revised.

Confidentiality

14. As disputes can be highly sensitive, Archery Canada shall conduct all proceedings under this Process in a confidential manner, except where disclosure is directed by the Panel as part of the remedy to resolve the dispute, is required by law, Canada’s Doping Policy or is in the best interests of the public.

15. As a general rule, the decision of the Panel shall become a matter of public record.

Location

16. The hearing shall take place in the location designated by the President, unless the Panel decides the hearing is to be held by way of telephone conference or unless, at the specific request of a party, a different location is mandated by the Panel as a preliminary matter.

Jurisdiction

17. This Process shall be governed and construed in accordance with the laws of the Province of Ontario.

Appeal Procedure

18. If a party believes the decision of the Panel rendered pursuant to this Process was procedurally unfair, the decision of the Panel may be appealed pursuant to the Archery Canada Appeal Process. It must be noted that the Appeal Process is not for all cases, is not automatic and is based on procedure.

Annex B

ARCHERY CANADA SUMMARY DISPUTE RESOLUTION PROCESS

Scope and Application

1. This Process is an abbreviated version of the Archery Canada Dispute Resolution Process. It applies only to individual Archery Canada Members who are athletes within the National Team Program and have signed the Archery Canada Athlete Contract.

2. This Process will only be invoked to deal with issues where there is a critical lack of time in which to resolve the matter.

3. It is anticipated that the use of this Process will be rare. The most likely situation which may require its use will be appeals by athletes regarding team selections and/or the imposition of discipline sanctions resulting from a breach of the Archery Canada Athlete Contract, particularly where such sanctions will prevent an athlete from competing. The intent is to provide timely access to an authority other than that which imposed the initial sanction in order to seek redress.

The Event Panel

4. When a dispute arises which falls within the scope and application of this Process, the Team Leader will contact the Vice President High Performance and request that an Event Panel (the “Panel”) be formed to deal with the issue. In situations where the Vice President High Performance cannot be contacted, the Archery Canada Executive Director, or any member of the Archery Canada Executive, will act to establish the Panel. A three person Panel shall be established which shall have the full delegated authority to act pursuant to the provisions of this Process. The panel may be selected from team staff, other Archery Canada staff or Archery Canada volunteers in attendance, or, if appropriate, athletes of the team in question.

5. Notwithstanding any other process within the Archery Canada Dispute Resolution, nothing shall prevent the Event Panel from assuming jurisdiction when the appeal, breach or dispute arises outside Canada or elsewhere when there is a critical lack of time to respond and to impose or review, in a reasonable and fair manner, sanctions or disciplinary action against an athlete or athletes.

Hearing and Decision

6. At a minimum, the Panel shall, in a procedurally fair manner, hear the athlete’s version of events and also hear from all other affected parties before imposing any sanction, discipline or remedy. In making its decision, the Panel is not authorized to change or alter any rule, criteria, policy, procedure or by-law of Archery Canada that has been properly passed and implemented by the appropriate governing body. A sanction, discipline or remedy imposed by the Panel must be reasonable and proportionate to the issue in dispute, and may include: voiding or confirming a sanction which is being appealed; an order of specific performance; a written reprimand; removal of certain privileges; suspension from the National Team Program, either for specified events or for a specified period of time; dismissal from the National Team Program through termination of the Archery Canada Athlete Contract; or any other sanction which the Panel considers appropriate in the circumstances.

7. Where a decision is made by the Event Panel that results in the removal of an athlete from a competition or a team, such a decision may only be implemented after the Event Panel consults with the President of Archery Canada. The President must ratify the decision of the Event Panel before it can be implemented. In the event that the President cannot be contacted, the Executive Director will contact the Vice President Administration to perform this function.

8. The decisions of the Event Panel shall be binding on all athletes who have signed the Archery Canada Athlete Contract. Failure by an athlete to comply with a decision and remedy properly imposed by the Event Panel shall result in an automatic suspension of all the athlete’s privileges and there shall be no further right to participate as a member of the National Team Program, until such time as the sanctions, discipline or other remedies are complied with.

Confidentiality

9. As disputes can be highly sensitive, Archery Canada shall conduct all proceedings under this Process in a confidential manner, except where disclosure is directed by the Event Panel as part of the remedy to resolve the dispute, is required by law, Canada’s Doping Policy or is in the best interests of the public.

10. As a general rule, the decision of the Panel shall become a matter of public record.

Appeal Procedure

11. If a party believes the decision of the Event Panel, rendered pursuant to this Process, was procedurally unfair, the decision may be appealed pursuant to the Archery Canada Appeal Process.