Article Nineteen - Appeal Procedures Other Than Player Transfers, Constitutional By-Laws, ALLIANCE Manual of Operations (Minor Hockey Alliance of Ontario)

PrintArticle Nineteen - Appeal Procedures Other Than Player Transfers

19.1   RIGHTS AND MATTERS OF APPEAL:

 

.1   Any member of the ALLIANCE has a right of appeal against decisions or actions taken under any Constitutional By-law or other By-law,

Rules or Regulations or the lack of an appropriate By-law, Rule or

Regulation.

.2   Upon the receipt of an appeal by the Executive Director, the President will examine the appeal to determine that the appeal meets with the following requirement: 19.2, 19.3, 19.4.

.3   All member associations of ALLIANCE Hockey shall have in place an appeal process within their association. All appeals to ALLIANCE Hockey of a decision made by a member association must first be heard at the association level before consideration at the ALLIANCE Appeals Committee.

 

19.2   MATTERS THAT MAY BE APPEALED:

.1   A suspension of more than six (6) games imposed;
.2   A decision  of the Executive Committee  and/or  the Representative Council and/or Recreational Council and/or any officer, member or Committee thereof and/or any member association;

.3   A referee suspension of more than three (3) weeks

 

19.3   MATTERS THAT MAY NOT BE APPEALED:

.1   A decision by a Protest Committee;

.2   A decision by the Compliance Officer.

 

19.4   TIME ALLOWED FOR AN APPEAL:

.1   For a player's release an appeal can be filed at any time.
.2   All other appeals must be filed within seven (7) days of receipt of oral or written notice of a decision by the ALLIANCE, its President or any committee including the Officers and members of the Executive or Representative Council and/or Recreational Council.


 

19.5   APPEAL LEVELS WITHIN ALLIANCE:

.1   There are two separate and distinct levels of appeal within ALLIANCE Hockey:

.1   ALLIANCE Hockey Appeals Committee

.2   ALLIANCE Hockey Registration Committee

 

19.6   APPEALS OUTSIDE ALLIANCE:

.1   The means for appeal outside the ALLIANCE is:

.1   The Ontario Hockey Federation Appeals Committee

.2   Hockey Canada

 

19.7   APPEAL MUST BE IN WRITING:

.1   To appeal, a team, group or individual must prepare an appeal in writing. The submission is to specify the decision being appealed, or lack of a decision, the grounds for appeal and the facts supporting the appeal. It is to be concise and to contain numbered paragraphs.

.2   The appeal shall be filed with the ALLIANCE Executive Director and be accompanied by a $300.00 (three hundred dollars) appeal fee.

.3   The appeal to Registration Committee shall be filed with the ALLIANCE Executive Director and be accompanied by a $150.00 (one hundred and fifty dollars) appeal fee.

 

19.8   HEARING DATE:

.1   Within five (5) days of an appeal being filed the President shall set a date for the hearing of the appeal. The hearing date will be no more than fifteen (15) days after the filing date.

 

19.9   NOTICE OF HEARING DATE:

.1   The Executive Director shall notify all parties to the appeal as soon as the hearing date is set. This notice shall inform the parties of the time, place, date and purpose of the hearing. It will also advise that if the party does not attend the hearing the appeal may proceed in the party's absence and will void entitlement to any further notice in the proceedings.


 

19.10 RIGHTS ON HEARING OF APPEAL:

.1   A party to the appeal may be represented by counsel or agent, call and examine witnesses, present arguments and submissions,  conduct cross-examinations of witnesses reasonably required for a full and fair disclosure of facts given in evidence.

 

19.11 APPEAL HEARING OPEN TO PUBLIC:

.1   The hearing shall be open to the public except where any party to the appeal requests it is held in camera. If the hearer of the appeal is of the opinion that significant financial or personal matters may be disclosed, that would jeopardize the interest of any person, he may hold that part, or all, of the hearing in camera.

 

19.12 APPOINTING APPEAL COMMITTEE:

.1   The President shall appoint an Appeals Committee as provided here- in to hear the appeal.

 

19.13 JURISDICTION OF APPEAL COMMITTEE:

.1   In hearing an appeal, the Appeal Committee appointed shall first determine if they have jurisdiction in the matter;
.2   Whether the appeal filing procedures have been properly followed;
.3   Whether the proper fees have been submitted;

.4   If (.2) and (.3) are not in order shall excuse the principals and decide whether there is sufficient merit to continue with the hearing.

 

19.14 THE APPEAL HEARING PROCEDURE:

.1   The appellants submission should deal strictly with the facts. It should outline the original circumstances, the original decision, and the result of decision and where there is error in the original decision;

.2   One spokesman shall be allowed to complete the submission without interruption;

.3   Committee members or other parties to the appeal may ask questions, through the Chairperson, once the submission is completed.

 

19.15 SUBMISSION OF NEW EVIDENCE:

.1   The Committee may only allow new evidence at an appeal hearing to be introduced if that evidence was not available to the appellant(s) at the time of the original hearing. Evidence that was available at the time of the original hearing, but not introduced as evidence at that time shall not be allowed at an appeal hearing. The onus is on the introducer of new evidence to prove that the evidence was not reasonably available for the original hearing.

 

19.16 DISPOSITION OF APPEAL:

.1   In rendering a final decision, the Committee may:

.1   Allow the appeal;

.2   Dismiss the appeal;

.3   Vary the decision appealed from/by:

 

.1   Increasing or decreasing the fine and/or the suspension
.2   Issuing an order prohibiting the continuation of any matters dealt with in the appeal

.4   Assessing the whole or any part of the costs of the appeal to any party to the appeal;
.5   Determine the disposition up to fifty percent (50%) of the appeal fee paid.

 

19.17 DECISION TIMELINES:

.1   The Appeal Committee shall give its oral decision not more than three (3) days after the hearing at which time the ALLIANCE Office will put in writing  the decision and outline the next appeal procedure to the Ontario Hockey Federation.
.2   The Appeals Committee shall submit a written report within ten (10) days of the oral decision.

 

19.18  APPEAL PROCEDURES:

.1   Any recourse to the Courts of any jurisdiction by any member, or by someone acting on behalf of a member, before all rights of appeal and all the rights and remedies of the Constitution and By Laws of the Minor Hockey Alliance of Ontario have been exhausted, shall be deemed to be a violation and breach of the Constitution and By Laws of the Minor Hockey Alliance of Ontario. This violation and breach shall result in the automatic indefinite suspension of such member from the Minor Hockey Alliance of Ontario activities and games.

.2   Any association, club, league, team, player, coach, manager, trainer, and referee and/or an individual acting on behalf of an individual, who has sought court and/or legal action before exhausting all proper procedures of appeal, will be liable for all legal costs and disbursements incurred by the ALLIANCE.

.3   Until full legal costs are paid, at the discretion of the President, the right of membership of the said party will be suspended.

.4   Any association, club, league, team, player, coach, manager, trainer, referee and/or an individual acting on behalf of an individual who, having exhausted the appeal procedures, proceeds with Court action will be liable for all legal costs and disbursements incurred by the ALLIANCE, should the Courts rule in favour of the ALLIANCE, prior to reinstatement of said party's membership with the ALLIANCE.

 

19.19 ONTARIO HOCKEY FEDERATION APPEALS COMMITTEE:

.1   An Appeal may be made to the Ontario Hockey Federation (OHF) from any decision of the ALLIANCE Appeal Committee.

.2   The Appeal must be filed with the OHF in accordance with the OHF Appeal Procedure.

.3   The Appeal must be in accordance with the provisions of the Ontario Hockey Federation relating to the adjudication of disputes amongst member partners and/or members of member partners.

 

19.20 REGISTRATION APPEALS

.1   All appeals for transfer/residency must comply with ALLIANCE Registration Appeals Policy 12.0 on page 176.

ALLIANCE Manual of Operations
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Printed from alliancehockey.com on Wednesday, March 29, 2017 at 11:08 AM