BRITISH SWIMMING TEAM SELECTION APPEALS PROCEDURE

Similar documents
JUDICIAL CODE. December 2014

CHARLESTOWN ROWING CLUB GRIEVANCE AND DISCIPLINARY PROCEDURE 1. PURPOSE. This Grievance and Disciplinary Procedure is to:

UK ATHLETICS LIMITED ( UKA ) DISCIPLINARY RULES AND DISPUTE RESOLUTION AND DISCIPLINARY PROCEDURES

TENNIS AUSTRALIA DISCIPLINARY POLICY

Kids Central, Inc. Procedures for Resolving Impasse Situations Board of Directors and Policy Council of Kids Central, Inc.

ENGLAND BOXING DISCIPLINARY PROCEDURE

SKI RACING AUSTRALIA (SRA) SELECTION POLICY 2016/2017

THE LAW SOCIETY CONVEYANCING ARBITRATION RULES

RULES OF BRITISH ROWING LIMITED (An excerpt from the Rules of British Rowing 2015) SECTION H THE DISCIPLINARY AND GRIEVANCE PANEL

Voluntary Licensing Scheme for Agents. Terms and Conditions (February 2010)

Ontario Swimming Coaches Committee Disciplinary and Complaints Procedures

WTF Tae Kwon Do Association of Canada ( Taekwondo Canada ) Appeal Policy

DISCIPLINARY PROCEDURE

AUSTRALIAN WEIGHTLIFTING FEDERATION LIMITED

EAA Court Procedural Rules

THE ENGLAND AND WALES CRICKET BOARD CHILD SAFEGUARDING COMPLAINTS AND DISCIPLINARY PROCEDURE

1. BG s Constitution, its Regulations and the various conditions of membership, registration and affiliation together require that:

INTERNAL REGULATIONS OF THE FEI TRIBUNAL

THE SCOTTISH GYMNASTICS ASSOCIATION ("SGA") CONDUCT IN SPORT CODE

Bylaws of Niagara Association of USA Track & Field, Inc.

/...1 PRIVATE ARBITRATION KIT

REGULATIONS FOR FOOTBALL ASSOCIATION DISCIPLINARY ACTION

SWIMMING CANADA APPEAL POLICY P o lic y S e c tio n: P o lic y S ub se c tio n: P o lic y T itle :

Constitution of the International Bar Association

England Netball East Midlands Regional Association- Constitution

Policy Number Member Protection Policy - Part G- Complaint Handling Policy

ATHLETICS AUSTRALIA LIMITED ACN BY-LAWS

BERMUDA COPYRIGHT TRIBUNAL RULES 2014 BR 11 / 2014

The Companies Act Private Company Limited by Guarantee. Articles of Association. Bowls Scotland (the Company )

England Boxing Selection Policy Commonwealth Games 2018 Gold Coast, Brisbane, Australia 4 15 April 2018

Rules for the Conduct of an administered Arbitration

THE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules

Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)

Hong Kong International Arbitration Centre ADJUDICATION RULES

BOXING AUSTRALIA INC. BY-LAWS

The General Teaching Council for Scotland Fitness to Teach Rules 2017 These Rules are available in alternative formats on request

ENGLAND GOLF DISCIPLINARY AND APPEAL REGULATIONS (Including appeals from Clubs and Counties)

THE LONDON BAR ARBITRATION SCHEME. Administered by The London Common Law and Commercial Bar Association

Resolution Institute. Policy on the Accreditation and Register of Adjudicators

REVISED CONSTITUTION OF THE UGANDA SWIMMING FEDERATION

Basketball Model Tribunal By-law

LISTING PROCEDURE FOR SUMMARY CRIMINAL TRIALS

EEPC INDIA RULES FOR ELECTION OF THE VICE-CHAIRMAN AND 5 OTHER MEMBERS OF THE COMMITTEE OF ADMINISTRATION ( )

Wairarapa Tennis Association Incorporated. Constitution

Branch Rules. Dunblane. 1 Rules. 2 Name. 3 Objects. Acceptance of Rules. 5 Membership. Branch Rules Page 1 of 6

Effective from August 2003 Revised October 2003 Revised May 2008 Revised January 2010

Understanding the Transfer Eligibility Appeal Process

Judicial Code. Contents

Glenmore Park Football Club

Nomination and Selection Regulation New Zealand Olympic Committee

ARBITRATORS AND MEDIATORS INSTITUTE OF NEW ZEALAND INC ( AMINZ ) AMINZ ARBITRATION APPEAL RULES

CANADIAN AMATEUR SYNCHRONIZED SWIMMING ASSOCIATION, INC. SASKATCHEWAN SECTION BYLAWS

REVOKED AS OF APRIL 11, 2016

RULES OF THE SPORTS TRIBUNAL OF NEW ZEALAND 2012

VBN / VGB ARBITRATION BOARD

Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)

Port Adelaide District Hockey Club Inc. Constitution

2009 No (L. 20) TRIBUNALS AND INQUIRIES


THE CHARTERED INSTITUTE OF MANAGEMENT ACCOUNTANTS

DUBAI INTERNATIONAL ARBITRATION CENTRE RULES 2007 AS OF 22 ND FEBRUARY Introductory Provisions. Article (1) Definitions

Gafta No.125. Copyright THE GRAIN AND FEED TRADE ASSOCIATION

NOTES FOR THE GUIDANCE OF PARTIES TO CONSISTORY COURT PROCEEDINGS

The Accountancy Scheme

Chapter 2.8 Bylaws Board of Appeal of Classification

BWF JUDICIAL PROCEDURES

Rules for the Permanent Appeal Committee for The Liberal Party of Canada

Investments, Life Insurance & Superannuation Terms of Reference

SECTION 1 INTRODUCTORY RULES...

2015 RULES OF THENATIONAL ANTI-DOPING PANEL

RULES of YORK CITY BATHS CLUB

REDRESS OF GRIEVANCES & CONDUCT OF PROCEEDINGS A. A

Complaints of Sexual Misconduct Against Students

2004 No 2608 HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS. General Medical Council (Fitness to Practise) Rules Order of Council 2004

Web Copy. The University Tribunal. Rules of Practice and Procedure. Effective April 19, To request an official copy of these Rules, contact:

CHESTER-LE-STREET GOLF CLUB MEMBERS DISCIPLINARY POLICY AND PROCEDURE

Application Form Landlord and Tenant Act 1985 Application for an order under Section 20c of the Landlord and Tenant Act 1985

Co-operative Academy Trust. Issue Date: September 2012 This Version Agreed on: March 2015 Next Review Date: March 2017

Basketball Australia/Darwin Basketball Model Disciplinary Tribunals By-law Preamble

Chapter 2B GENERAL REVIEW PROCEDURE. General

CONSTITUTION Effective from: 05 May 2018

GENERAL COMPLAINT PROCEDURE for LOCAL AUTHORITY SCHOOLS. STAGE 1 - The First Contact: Dealing With Concerns and Complaints Informally

COMPLAINTS AND DISCIPLINARY POLICY

MEMORANDUM AND ARTICLES OF ASSOCIAITON OF THE ISNI INTERNATIONAL AGENCY (ISNI-IA)

ISLAY GOLF CLUB DISCIPLINARY PROCEDURES VERSION 1.0 JUNE

Constitution of Petersfield Squash Club

CONCILIATION RULES. - to conciliation in accordance with The Institute of Arbitrators & Mediators Australia Mediation and Concilliation Rules; or

DISPUTE RESOLUTION RULES

MISSOURI HOCKEY, INC.

England Netball South West Regional Association - Constitution. 5 Membership of the Association. 6 Structure of the Regional Association

Application to object to the registration of a lasting power of attorney (LPA)

ASIAN KICKBOXING CONFEDERATION

Governor Pupil Expulsion or Removal Review Policy

Tribunal By-Laws In effect as of May 26, 2014

Court Bundles

CONCERNS & COMPLAINTS POLICY. November 2017

SOUTH AFRICAN RUGBY UNION DISCIPLINARY AND JUDICIAL MATTERS REGULATIONS

BASKETBALL everyone s game

RED CARD and MATCH DAY MISCONDUCT OFFENCE REGULATIONS

DISCIPLINARY POLICY CODE OF CONDUCT AND RULES & PROCEDURES FOR THURSO BOWLING CLUB

Transcription:

BRITISH SWIMMING TEAM SELECTION APPEALS PROCEDURE The following procedures have been adopted by the British Swimming Office in the consideration of any appeal made by or on behalf of any athlete wishing to appeal by virtue of his or her non-nomination (non-selection) for (and any de-selection from) the Aquatic Team nominated by British Swimming. British Swimming is entitled to amend this Procedure from time to time. The right to appeal a selection decision must not be seen as an opportunity to dispute the opinion of the selector(s) where the selection procedure and selection criteria have been followed. In reaching their decision the selector(s) are acting as experts. An athlete seeking review of a non-nomination (non-selection) or de-selection decision by British Swimming should be aware of the importance of the time limits contained within these Procedures. These time limits are designed with the intention of resolving issues as expeditiously as possible consistent with ensuring a fair and just outcome Notice of Appeal 1. The athlete (which for this purpose includes the parents and/or coach of any athlete under the age of eighteen years) to be required to lodge an appeal in writing (Notice of Appeal) setting out in full detail the basis upon which the athlete wishes to appeal against the decision of the relevant Selection Panel (or Team Manager in respect of a decision to de-select an athlete) (in either case Selectors ). The Information Contact Form at the back of these Procedures shall also be completed. The Notice of Appeal shall, in particular, specify the provision(s) of the relevant Selection Policy which it is alleged have not been adhered to and the grounds upon which the Appeal is based set out in paragraph 5.1 and 5.2, which should be as full as possible. The Appeal must be made within three working days of the date that the selections for the Team were announced (or in the case of de-selection the date on which the decision to de-select was communicated to the athlete). The Notice of Appeal should be forwarded to the office of the Head of Legal at email - legal@swimming.org No fee is payable in respect of the Notice of Appeal. 1

Selectors Due to the nature of athlete selection, decisions are often taken close to the time of the event to which the selection relates. There is considerable potential for an appeal to affect an athlete who may be at risk of being deselected or otherwise adversely affected by the appeal ( a Third Party ). In which case, where relevant, paragraph 7.4 may apply. 2. The Head of Legal shall as soon as possible (and in any event not later than three working days following receipt of the Notice of Appeal) supply copies of the Notice of Appeal to all of the Selectors in order that they have the opportunity to review the original decision in light of the points made in the Notice of Appeal; Selectors will be advised to be on standby to receive a Notice of Appeal following non-nomination (non-selection). The Selectors are required to advise the Head of Legal in writing within three working days of the date of receipt by them of the Notice of Appeal whether the Selectors confirm or reverse their original decision on non-nomination (nonselection). The Selectors and/or the individual exercising decision making discretion, depending on the selection policy, shall provide written reasons for their decision, following consultation with the World Class Performance Leadership Team, where there is a World Class Performance Leadership Team for that Programme, to the athlete in response to the Notice of Appeal. 3. The Head of Legal will within three working days of the date of receipt by him of the determination of the Selectors advise the athlete in writing of the decision of the Selectors with regard to the Appeal. Leave to Appeal 4. Where the decision of the Selectors is to confirm their original decision the athlete may by notice in writing - via email - to be received by the Head of Legal not later than three working days after the date of notification to the athlete of the decision of the Selectors apply for Leave to Appeal against the decision of the Selectors. Such application shall be accompanied by any additional relevant documentation or information which the athlete wishes to submit in support of his or her appeal together with a fee of 500 (made payable to British Swimming Limited) as a contribution towards administrative costs. This fee will be refunded to the Appellant if the Appeal is successful. Upon receipt of an application for Leave to Appeal the Head of Legal shall refer matters to Sports Resolutions ( SR ) who shall be asked to convene an Appeal Committee, (normally comprising of three persons) under the Chairmanship of a legally qualified person who may be a practicing Solicitor or Barrister. The Committee shall be selected from any SR s Team Selection Appeal Panel, who will be on standby to undertake this role. 2

5. The Notice of Appeal (together with any further documents submitted by the athlete) shall be forwarded as soon as possible (and in any event not later than five working days from receipt by the Head of Legal of the application for Leave to Appeal) to the Chairman of the Appeals Committee the identity of whom shall be notified to the Head of Legal by SR. The Chairman shall be asked to determine in writing whether the athlete shall be granted permission to proceed with an Appeal before the Appeals Committee in any event not later than three working days from receipt of the application for Leave to Appeal. Leave to Appeal shall be granted only when the athlete shall have established a strong arguable case that, either:- The Chairman may:- 5.1 the Selection process was tainted by unreasonable bias or conflict of interest; or 5.2 the provisions of the relevant Selection Policies were not adhered to. i. refuse to grant permission to proceed with an Appeal Hearing because insufficient grounds are identified. The decision of the Selectors shall stand and the athlete shall be notified accordingly. ii. iii. decide that he or she is sufficiently well informed in which event he or she may decide not to hold a hearing and to render a decision immediately. grant permission for the appeal to proceed to the full Appeal Committee in accordance with the procedures set out below. The above procedure is designed to prevent unmeritorious appeals being made and to save unnecessary costs, time and other expenses being incurred. Granting of Leave to Appeal 6. Following receipt of the determination of the Chairman that an appeal may proceed the Head of Legal shall as soon as possible (and in any event within two working days of the date of receipt of the Chairman s determination) notify the athlete of the SR Team Selection Appeals Panel Members from who the Appeal Committee will composed together with accompanying curriculum vitae. Any objections to the composition of the Appeal Committee shall be notified to the Head of Legal setting out the reasons for such objection no later than three working days from the date of receipt of the notice of the composition of the Appeal Committee. In determining the composition of the Appeal Committee British Swimming undertakes to ensure that the Appeal will be conducted fairly and impartially. The decision by the Head of Legal on the composition of the Appeal Committee under this Rule shall be final. 3

7. Within seven working days from the date of receipt by British Swimming of the determination of the Chairman that the appeal may proceed the Chairman of the Appeal Committee shall give such directions (to both the athlete and British Swimming) as are appropriate for consideration of the matter, in particular. 7.1 the date and place at which the Appeal Committee will meet to determine the Appeal, provided that the Appeal shall not be heard later than twenty one days from the date of the determination of the Chairman that the appeal may proceed; 7.2 whether the Appeal will proceed by way of written submissions or an oral hearing; and 7.3 whether the parties should be required to submit statements of their evidence and/or written submissions prior to the hearing and, if so, a timetable for doing so and the procedure for exchanging such statements and written submissions. 7.4 where it appears that the interests of a Third Party may be affected by any decision of the Appeal Committee, the Appeal Committee may invite the Third Party to make submissions in response to the Notice of Appeal and any additional documents submitted. (The decision of the Appeal Committee will determine the rights of the affected athletes and therefore the Third Party athlete will be prohibited from appealing matters which have already been decided upon by the Appeal Committee.) 8. The Appeal Committee shall consider the Appeal based on the grounds set out in 5.1 and/or 5.2. 9. The Appeal Committee shall meet on the date fixed by the Chairman and shall render a decision no later than two working days after the hearing of the Appeal and inform the athlete and British Swimming of its decision together with written reasons for its decision. The decision of the Appeal Committee shall be final and binding 10. Powers of the Appeal Committee 10.1 The Appeal Committee may at its sole discretion disregard any failure by a party to adhere to these Procedures and may give such further directions as may be appropriate. 10.2 Prior to and at the Appeal, the Chairman may give such directions whether or not made at the request of the parties, for the proper conduct of the Appeal as he or she deems may be reasonably necessary for the fair conduct of the 4

Appeal, including procedural changes. Both parties are expected to comply with the directions issued by the Appeal Committee. If a party objects to a direction issued by the Appeal Committee, such objection should be circulated to all parties and the Appeal Committee. The Appeal Committee shall determine the point and once determined it shall be final. The parties are expected to comply with this and all determinations made by the Appeal Committee. If one party or both parties fail to appear at the hearing or comply with the Chairman s directions or other communications issued by the Chairman, the Appeal Committee may still proceed. 10.3 The Appeal Committee has the power at its discretion to make an order for the costs of the Appeal to be paid, in such proportions as the Appeal Committee may decide, by any of the parties to the Appeal. The costs may include any room hire, travel and other expenses incurred in attending any hearing but nothing shall be included on account of professional charges for representation or otherwise. 10.4 The decision is taken by a majority or, in the absence of a majority, by the Chairman of the Appeal Committee. 5

BRITISH SWIMMING TEAM SELECTION APPEALS INFORMATION CONTACT FORM Please complete all relevant sections in BLOCK CAPITALS. Where an answer is not applicable, please indicate N/A. Name 1. Your Details Email Address Address Postcode Telephone no Fax no Discipline 2. Representative s Details Is a representative acting on your behalf? If so, please give his or her details. Name of Representative Email address Address Postcode Telephone no Fax no Should this address be used for service of the decision and any requests for further information? YES / NO 6

Athlete Name (Block Capitals) Signed Dated Age Signed by Parent / Guardian / Coach if the athlete is under the age of 18 Name (Block Capitals) Signed Dated This application together with the Notice of Appeal should be sent to: Email legal@swimming.org Head of Legal SportPark 3 Oakwood Drive Loughborough Leicestershire LE11 3QF 7