OLA Appeals Process

The Ontario Lacrosse Association's Appeals Process

OLA Appeals Case Manager: Glen Flippance

Updated November 2017


 

OLA Appeals Process

 

(OR-X)

OR10.1
a) All matters pertaining to discipline are to be held in person.
b) All related parties must be invited to attend the hearing.
c) If the party in question does not attend the hearing, a decision will be made in absentia.

OR10.2 - Club / Association Hearings
a) A hearing must be held within 10 business days of the Club / Association receiving the request from the Appellant.
b) All related parties must be invited to attend the hearing.
c) The hearing will be heard by a minimum of 3 people, one of whom will act as the Chair.
d) Within 5 business days of the conclusion of the hearing, all parties must receive a written decision which includes the following:
     i) Issue in question
     ii) Statement of the facts
     iii) Decision
     iv) Reasons for the decision
     v) Appeal process information
e) If the written decision is not received within 5 business days of the conclusion of the hearing, the appellant shall automatically have their request granted and the Club / Association will be considered to have no grounds for an appeal.
 

(OR-XI)

OR11.1 - Zone / League Level Hearings
a) All appeals must be filed within 5 business days of the receipt, in writing, of the decision being appealed. The fee for the appeal may not exceed $100.
b) Payment must be made prior to the start of the hearing.
c) The hearing will be heard by a minimum of 3 people, one of whom will act as the Chair.
d) Within 5 business days of the conclusion of the hearing, all parties must receive a written decision which includes the following:
     i) Issue in question
     ii) Statement of the facts
     iii) Decision
     iv) Reasons for the decision
     v) Appeal Process information
e) If the written decision is not received within 5 business days of the conclusion of the hearing, the appellant shall automatically have their request granted and the Zone/League will be considered to have no grounds for an appeal. The Respondent will not lose their right to appeal.

OR11.2 - OLA Hearings Case Manager
a) Shall be appointed annually by the Board of Directors.
b) Shall liaise with all parties to clarify the contents of both OR 10 and OR 11.
c) Shall help to ensure timelines are met by all parties and communicate with the President and Executive Director.
d) Shall ensure OR 10 and OR 11 are being followed and recommend amendments, as necessary over time.

OR11.3 - OLA Appeal Evaluation Process
a) All appeal documentation must be filed with the President, Executive Director and OLA Hearings Case Manager, within 5 business days of the receipt, in writing, of the decision being appealed. 
b) In an exceptional circumstance, the Appellant may request an extension beyond the 5 business days. To do so, they must submit the request with all supporting documentation to the President, Executive Director and the OLA Hearings Case Manager, who will then notify the Respondent. The President shall make a final ruling on the extension. This decision is non-appealable.
c) The President, in consultation with the OLA Hearings Case Manager and/or OLA staff, shall make a determination if the appeal request has the merits to proceed to a hearing. The determination shall be issued in writing and is non-appealable.
d) In making the determination, the President shall consider the following factors as cause to grant an appeal;
     i) Making a decision for which the Respondent did not have authority or jurisdiction as set out in the applicable governing documents
     ii) New facts that were not available when the decision was made
     iii) Failing to consider the relevant Bylaws, Rules and Regulations, or approved policies of the Ontario Lacrosse Association
     iv) Failing to follow procedures as laid out in the Bylaws, Rules and Regulations, or approved policies of the Ontario Lacrosse Association
     v) Making a decision that was influenced by conflict of interest or bias, where bias is defined as a lack of neutrality to such an extent that the decision maker is unable to consider other views, or make a decision that was influenced by factors unrelated to the merits of the decision
     vi) Making a decision that is grossly unreasonable or unfair
     vii) Alleged excessive fine, fee penalty or bond
     viii) Whether an appeal is expressly forbidden by any clause in the Bylaws, Rules and Regulations, or approved policies of the Ontario Lacrosse Association
e) In certain circumstances, an appeal may be held via videoconferencing. This request, and the rationale for it, must be made at the time the appeal is filed. The final decision on videoconferencing will be made by the President as part of their determination. This decision is not appealable.
f) The determination must be made within 7 business days of receipt of the appeal request and documentation. If the determination is not made within 7 business days, the hearing will automatically be scheduled.
g) Players / Bench Personnel may not participate during the 5 business day appeal period. If an appeal is filed, the player may not participate until a final decision is rendered.

OR11.4 - OLA 1st Level & OLA Final Level Hearings
Where it is determined that a hearing will be scheduled, the following procedure will be utilized;
a) All hearings will be held within 10 business days of the appeal being granted.
b) The fee for a 1st level appeal shall be $100. The fee for a Final level appeal shall be $250. Payment must be received by the OLA within 5 business days of the appeal being granted. If the appellant is successful in their appeal, the fee shall be refunded.
c) All parties will be given a minimum of 5 business day’s written notice of the date, time and location of the hearing, unless all parties agree in writing to an earlier notification and hearing date.
d) 5 Business days prior to the hearing, all documentation shall be provided to the Executive Director and OLA Hearing Case Manager by both the Appellant and Respondent. It will then be disbursed to both parties, and to the Committee who will be hearing the appeal. Any information not provided prior to the hearing, will be determined to be inadmissible.
e) All hearings will consist of a 3-member panel which may be made up from members of the following categories, provided they have no conflict of interest in the hearing;
     i) OLA Life Members
     ii) Board of Directors
     iii) Past OLA Board of Directors
     iv) Mr. Lacrosse Award Winners
     v) Board of Governors
f) Should a legal advisor accompany any of the parties, they may not participate. Legal advisors are to be reminded that the hearings are not a legal proceeding and will be conducted per OLA Policies and Procedures.
g) No voice or video recorders may be used during the hearing.
h) Failure to attend a hearing without sufficient reason will result in the following;
i) An appellant will lose their appeal
ii) A respondent will lose the right to argue the decision being appealed. The hearing will proceed based on the documentation pertaining to the respondents’ original decision.
i) Witnesses, who have given written statements as part of the submission, may attend the hearing. Witnesses may only speak if called upon by the Chair of the Hearing.
j) Any parties under the age of 18 are entitled to bring an adult to act as an advisor.
k) Recorded evidence is acceptable, provided that it substantiates verbal evidence given by any party. Videotape evidence that shows possible errors in identification by referees/umpires shall be allowed. The use of videotape evidence will not be used for supplemental discipline or to show errors or “missed calls” by officials.
l) Within 5 business days of the conclusion of the hearing, all parties must receive a written decision which includes the following:
     i) Issue in question
     ii) Statement of the facts
     iii) Decision
     iv) Reasons for the decision
     v) Appeal Process information
m) If the written decision is not rendered within the timeframe specified, the appellant may request an automatic hearing be granted at the next highest level. If the hearing is already at the highest level, they may request a new hearing be set up with a panel consisting of 3 new members. This hearing will be at no additional charge to the appellant.

OR11.5
If any information provided by any parties, is determined at a later date to be false, misleading or knowingly inaccurate, it may result in a reversal of decision, suspension and /or fines.