|
Northern Ontario Hockey Association 110 Lakeshore Dr. , North Bay Ontario P1A 2A8 Tel: (705) 474-8851 Fax: (705) 474-6019 E-Mail: noha@noha.on.ca |
REGULATION NUMBER FIFTEENNOHA Regulation 15 - Appeals CommitteeGENERAL DEFINITIONS
15.1 The Appeals Committee shall be the mechanism available to adjudicate disputes amongst NOHA Members. The Committee shall determine facts, resolve disputes, make recommendations and decisions in strict accordance with the powers conferred on it in Regulation 15 and in compliance with the policies adopted or passed by the Board. 15.2 Each Association, upon disposition of final appeal taken to it, shall advise the parties of their right to appeal to the NOHA Appeals Committee, provide them with a copy of Regulation 15 and, upon request, provide a copy of a notice of appeal to the Appeals Committee. 15.3 The President of the N.O.H.A. shall appoint an Appeals Committee each year. The Chairman will be appointed by the NOHA President. 15.4 The Coordinator of the Appeals Committee shall be either:
15.5 The Appeals Committee shall consist of the Appeals Committee Coordinator and not more than twenty-seven (27) other persons who, shall sit in panels of three (3) as needed. Those panels shall be appointed by the Appeals Committee Coordinator, the NOHA President or the NOHA Executive Director and a decision of two (2) members of a panel shall be final and binding. 15.6 Each Council Director of the NOHA shall designate three (3) persons who may serve as Appeals Committee members when called upon by the Coordinator of the Appeals Committee, the NOHA President or the NOHA Executive Director.
15.7 No person shall sit on a committee who is the brother, brother-in-law, spouse, sister, sister-in-law, father, grandfather, mother, grandmother, daughter, son, aunt, uncle, employer, employee, counsel or agent of any appellant or other party to an appeal or any witness whether such witness gives evidence in person or in writing. 15.8 No person designated to the Appeals Committee by a Council Director shall be eligible to sit on a dispute matter or hearing in which he or she has an interest. 15.9 The Appeals Committee shall sit and finally determine all matters designated as standing issues; and shall sit to decide or recommend, as directed, any matter referred to it by the Board. 15.10 The Board of the NOHA may designate from time to time matters that are standing issues for final determination by the Appeals Committee and shall include:
15.11 The Board or Officers of the NOHA may from time to time designate matters to be referred to the Appeals Committee.
15.12 Any member of the NOHA has the right to appeal against decisions or actions taken against them under any constitutional or other by-law, rules or regulations or lack of an appropriate by-law rule or regulation. Upon the receipt of an appeal by the Executive Director, the President, the Appeals Chairman and the Executive Director will examine the appeal to determine if the appeal meets the following requirements. 15.13 Notwithstanding the provisions set forth in the NOHA Constitution, By-laws and Regulations, a member may ask the Appeal Committee for special dispensation from the Constitution, By-laws, and Regulations. Any decision as to what qualifies for special dispensation, shall rest solely with the Appeals Committee in its absolute unfettered discretion, and the decision based on its own merits of the Appeals Committee on special dispensation shall be final and binding upon all parties. 15.14 Matters that may be appealed
15.15 Matters that may not be appealed.
15.16 Any appeal to the NOHA involving an allegation of harassment or abuse shall be referred by the NOHA to a Fact Finder and shall not be heard by the Appeals Committee until the Fact Finder’s report and a final decision on the matter has been received and rendered by the NOHA. The report of a Fact Finder will be provided to all parties involved in an application prior to the hearing date. 15.17 The time allowed for an appeal is as follows
15.18 To appeal, a team, Association, or individual must appeal in writing. The submission is to specify the decision being appealed, or lack of decision, the grounds for appeal and the facts supporting the appeal. It is to be concise and contain all pertinent information regarding the appeal. The appeal must be filed with the N.O.H.A. Executive Director and be accompanied by a $200 appeal fee which is non- refundable. 15.19 Within five (5) days of an appeal being filed with the N.O.H.A. Executive Director, the President shall set a date for hearing the appeal. The hearing date will be no more than fifteen days (15) after the filing date unless the appeal is to be heard by the N.O.H.A. Board of Directors, in which case the appeal will be heard at the next scheduled N.O.H.A. Board of Directors meeting. 15.20 The President shall notify all parties in writing as soon as the hearing date is set. This notice will 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 appeal will proceed in the party’s absence and will void entitlement to any further notice in the proceeding. 15.21 Before proceeding with an appeal, the President, Appeals Chairman and the Executive Director must determine if all the proper filing procedures have been followed. 15.22 Before the appeal hearing is held all parties involved will be sent all pertinent correspondence concerning the appeal. 15.23 The applicant’s submission shall deal strictly with the facts. It shall outline the original circumstances, the original decision, and the result of the decision and what the error is in the original decision. The applicant will be allowed to complete their submission to the committee without interruption. Committee members then through the Chairman will be permitted to ask questions. 15.24 New evidence may be allowed at the hearing if this evidence was not available at the time of the written submission. The onus is on the introducer of new evidence to prove that this evidence was not reasonably available for the original decision. 15.25 In rendering a final decision the committee may
15.26 The Appeals Committee will give its verbal decision within five (5) days after the hearing is completed followed by a written notice within fourteen (14) days of their findings. 15.27 If it is not possible due to holiday or business schedules to schedule a hearing within 15 calendar days, as set forth in Regulation 15.18, a hearing date may be set beyond the 15 calendar day period and such does not constitute grounds for an Appeal to the Ontario Hockey Federation due to “improper procedures”. 15.28 A hearing may be adjourned from time to time provided that no hearing shall be extended beyond fifteen (15) days from the date the application and fee were received by the NOHA office, unless the panel of the Committee hearing the matter decides that such an adjournment is necessary in order to do justice between the parties in dispute. 15.29 Any Application may be resolved on consent of all parties, prior to, or during a hearing before the Committee and the Committee shall issue such order as may be necessary to give effect to such consent, provided it is not inconsistent with any policy of the Board. 15.30 Although the Appeals Committee shall sit in panels of three (3), if there are only two (2) members of the panel of the Appeals Committee present at the hearing fifteen (15) minutes after the hearing is scheduled to commence, the hearing may proceed with the consent of all parties present at the hearing and the power and authority of that panel of the Appeals Committee will be as described in Regulation 15. 15.31 If Regulation 15.30 occurs and two (2) members of the panel of the Appeals Committee hearing the matter do not agree on a decision on the matter placed before them, the matter shall be considered a no decision. If the matter is considered a no decision, the applicant shall be given the right to request a rehearing of the matter with such request being forwarded to the NOHA office within five (5) days after the original hearing. A new hearing shall be scheduled within eight (8) days after the original hearing date and shall be heard by a new panel. If after the hearing has commenced, any member of the panel of the Appeals Committee hearing the matter is unable to continue and two (2) members of the panel of Appeals Committee hearing the matter are able to continue, the hearing may be continued with the consent of all parties present. The power and authority of the two (2) members continuing the hearing will be as described in Regulation 15. 15.32 The Chair of a Committee may add as a party to a hearing any person or Association that he/she determines might be affected by the resolution of the issue before the Committee. 15.33 Where on evidence produced the NOHA Board of Directors or Officers concludes that there has been a contravention of any Order or decision made by the Appeals Committee, they may:
15.34 Each Member agrees to be and shall be bound by decisions of the Appeals Committee and agrees to take all such steps as are necessary within its organization to ensure compliance with such decisions. 15.35 The Committee shall communicate their decision to the NOHA office within 24 hours of the conclusion of the hearing. 15.36 When a hearing is completed on a Friday or Saturday, the Committee shall communicate its decision to the NOHA office not later than the first business day of the next week that is not a Saturday, Sunday or other holiday; 15.37 Where the time limit for doing anything under this Regulation expires or falls upon a Saturday, Sunday or other holiday, the time so limited extends to the next business day following that is not a Saturday, Sunday or other holiday. 15.38 The decision of the Appeals Committee shall be final and binding on all parties, subject only to such further rights of appeal as may be available under the Constitution, By Laws, Regulations and Rules of the Ontario Hockey Federation. 15.39 Where in a Hearing a matter arises that is not expressly covered by the provisions of Regulation 15, then, such matter shall be resolved in accordance with the rules of natural justice and in order to do justice between the parties in dispute. 15.40 An appeal may be made to the Ontario Hockey Federation (O.H.F.) from any decision of the N.O.H.A. Appeal Committee or the NOHA Board. The appeal must be filed with the OHF within fifteen (15) days of the verbal decision of the N.O.H.A. 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.
AGREEMENT Between the Ontario Hockey Federation and the Northern Ontario Hockey Association See OHF Constitution
|