BADMINTON ALBERTA APPEAL PROCEDURE
Appeals are not for re-deciding matters, they are for correcting errors in decision making. An appeal policy exists to make sure that decision-makers make only those decisions they have the power to make, that decision-makers are un-biased, and that decisions are made fairly and according to the organization's policies and procedures. An Appellant cannot challenge a decision simply because he or she disagrees with it; allowing an Appellant to appeal a decision on its merits simply because he/she doesn't like the outcome does a great disservice to those who made the decision in the first place. If any and all decisions may be appealed, then decision-makers might as well not take the time and effort to make decisions diligently, thoughtfully and fairly in the first place.
The Badminton Alberta Appeal Procedure outlines the internal process approved by the Board and membership to deal with issues arising from decisions made by the Board or any of its committees. While the Board and committees of the Board have the authority to make decisions according to the power invested in them from the governing documents of the association, there is also a requirement to ensure that members of the association have a process to appeal decisions within a formal framework of operation.
As part of Badminton Alberta's agreement with the Provincial Government, Badminton Alberta is obligated to provide an "external" mechanism for appeals once the internal appeal process is exhausted; this process is the "Alternate Dispute Resolution" process. Detailed information on ADRSPORTRED can be obtained from www.ADRsportRED.ca.
The following detail outlines the Badminton Alberta internal appeal process. Further information can be provided by the Badminton Alberta Provincial Office as required.
1. An individual athlete, coach, official or member association can make a written request directly to the President of Badminton Alberta to review a decision made by the association. The President is empowered to weigh the merits of the request and determine a plan of response from the Association on this request. It is important to note that this is viewed as a request only, it is not considered an "appeal".
2. If action on the request is denied by the President of Badminton Alberta, the individual athlete, official, coach or zone association can formally (in writing) appeal to Badminton Alberta to review a decision made by the association. In the case of an appeal from an individual (athlete/coach, official) or club, the appeal must be accompanied by a letter of support for the appeal from the Member Club that the individual (athlete/coach,official) is affiliated to. This appeal must be sent to the Badminton Alberta Provincial Office by registered mail within 14 days of the selection publication.
If a letter of support for the appeal from the Member Club is not included in the individual appeal within the stated timelines, Badminton Alberta will not move forward with the internal appeal procedure.
3. Once an appeal is received by Badminton Alberta, Badminton Alberta will set up a neutral Appeal Committee as soon as possible. The Committee members will consist of the following individuals:
· Badminton Alberta Executive Member
· One Badminton Alberta Board Member
· One representative from the Alberta Coaches and Competition Committee
· In the case of an appeal dealing with an official's matter, one representative from the Badminton Officials Association of Alberta can be added to the Committee.
Badminton Alberta will cover expenses for the Appeal Committee for the tenure of their activities. All written information pertaining to the appeal will be forwarded to each member of the Appeal Committee, and the names of the individuals on the Committee will be forwarded to the appellant(s) once the Committee is confirmed. Badminton Alberta will appoint one of the Committee members as the Chairperson for the Committee.
4. The Appeal Committee will communicate their decision in writing to Badminton Alberta and the appellant(s).
5. The decision from the Appeal Committee will be binding on Badminton Alberta and its members and member clubs.
6. There is no further internal appeal procedure within Badminton Alberta. Once all aspects of the Badminton Alberta internal appeal procedure are exhausted, any further action on the issue must be forwarded directly to the Federal Government sponsored Alternative Dispute Resolution (ADR) mechanism. Detailed information is available from www.ADRsportRED.ca
Grounds for an Appeal:
Generally speaking, grounds for an appeal of a decision by Badminton Alberta hinge on four elements:
1. That the decision making process did not follow the stated guidelinesor procedures outlined by the association.
2. That the individual, group or committee making the decision were not empowered by the association to make such decisions.
3. That the decision making process was flawed in that important objective information was not considered by the decision making group and, as a result, the decision made was unreasonable or unfair.
4. That the decision made was influenced by bias, where bias is defined as a lack of neutrality to such an extent that the decision-maker (or body) is unable to consider other views or that the decision was made on the basis of, or significantly influenced by factors unrelated to the merits of the decision.
Decisions made by an "expert" group within the association that are of a subjective nature are not considered for appeal if the following terms have been adhered to:
· That the expert group have clearly been given the responsibility to make such a decision within the association's guidelinesand governing documents;
· That the rationale for the "subjective" decision making process is outlined in the association's published guidelines;
That the expert group provides the rationale for their decisions to the membership once the decision has been made.