April 18, 2005
CARLETON TO APPEAL MEN'S BASKETBALL CHAMPIONSHIP BID DECISION
OTTAWA (CIS) - Canadian Interuniversity Sport announced today it has received a notice of appeal from Carleton University. Carleton is appealing the December 2004 decision of the CIS Board of Directors to award the 2006 and 2007 men's basketball championships to Atlantic University Sport.
Drew Love, the Athletic Director at Carleton University and the volunteer president of the CIS, has removed himself as CIS President while the appeal is being heard. For the duration of the appeal process CIS president-elect Dick White will assume the responsibilities of CIS President, in keeping with CIS by-laws.
"Drew has been a valued member of the board of directors and the CIS over the years, and will be welcomed back to the board with open arms upon completion of the appeal," commented White, the Athletic Director at the University of Regina.
As a condition of launching an appeal, Carleton University and Canadian Interuniversity Sport shall respect a total media ban during the proceedings. The intent of the ban is to have the dispute resolved in a procedurally fair manner. The final result of the appeal shall be made public.
The time frame and stages of the appeal are as follows:
Screen the appeal: (April 18 - 22, 2005)
Each request for an appeal is screened by the CIS CEO to determine whether or not the appeal is properly based on allegations that the CIS decision in question was subject to one or more procedural errors. Sufficient grounds to allow the appeal to proceed include allegations that CIS:
a) made a decision for which it did not have authority or jurisdiction;
b) failed to follow procedures;
c) made a decision which was influenced by bias;
d) exercised its discretion for an improper purpose.
Establish an Appeals Panel (by April 29, 2005)
If the CIS CEO is satisfied that there appears to be sufficient grounds in the notice of appeal to allow ttthe appeal to proceed, the CEO shall establish an Appeals Panel comprised of three individuals who shall have had no involvement with the CIS decision being appealed.
Commencement of the Appeal (by May 29, 2005)
The CIS Appeals Panel shall determine the format for the appeal which could take the form of an oral hearing, a review of documentary evidence, or by way of a combination of these two methods. The appeal hearing shall commence within 30 days of the Appeal Panel's appointment.
Appeal Decision (within 14 days of concluding the appeal)
The Appeal Panel may decide:
a) to void or confirm the decision being appealed;
b) to vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision maker for reasons which include lack of clear procedure, lack of time, or lack of neutrality;
c) to refer the matter back to the original decision maker for a new decision; and
d) to determine how costs of the appeal shall be allocated.
Final and Binding
The decision of the Appeal Panel is final and binding on all parties and there shall be no recourse to the Courts on any question of either fact or law.
The complete CIS Appeals Policy can be found at: www.universitysport.ca/e/pol_proc/documents/09_90_ConductandEnforcement.pdf#appeals
(Source: Michel Belanger, CIS Communications)
Drew Love, the Athletic Director at Carleton University and the volunteer president of the CIS, has removed himself as CIS President while the appeal is being heard. For the duration of the appeal process CIS president-elect Dick White will assume the responsibilities of CIS President, in keeping with CIS by-laws.
"Drew has been a valued member of the board of directors and the CIS over the years, and will be welcomed back to the board with open arms upon completion of the appeal," commented White, the Athletic Director at the University of Regina.
As a condition of launching an appeal, Carleton University and Canadian Interuniversity Sport shall respect a total media ban during the proceedings. The intent of the ban is to have the dispute resolved in a procedurally fair manner. The final result of the appeal shall be made public.
The time frame and stages of the appeal are as follows:
Screen the appeal: (April 18 - 22, 2005)
Each request for an appeal is screened by the CIS CEO to determine whether or not the appeal is properly based on allegations that the CIS decision in question was subject to one or more procedural errors. Sufficient grounds to allow the appeal to proceed include allegations that CIS:
a) made a decision for which it did not have authority or jurisdiction;
b) failed to follow procedures;
c) made a decision which was influenced by bias;
d) exercised its discretion for an improper purpose.
Establish an Appeals Panel (by April 29, 2005)
If the CIS CEO is satisfied that there appears to be sufficient grounds in the notice of appeal to allow ttthe appeal to proceed, the CEO shall establish an Appeals Panel comprised of three individuals who shall have had no involvement with the CIS decision being appealed.
Commencement of the Appeal (by May 29, 2005)
The CIS Appeals Panel shall determine the format for the appeal which could take the form of an oral hearing, a review of documentary evidence, or by way of a combination of these two methods. The appeal hearing shall commence within 30 days of the Appeal Panel's appointment.
Appeal Decision (within 14 days of concluding the appeal)
The Appeal Panel may decide:
a) to void or confirm the decision being appealed;
b) to vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision maker for reasons which include lack of clear procedure, lack of time, or lack of neutrality;
c) to refer the matter back to the original decision maker for a new decision; and
d) to determine how costs of the appeal shall be allocated.
Final and Binding
The decision of the Appeal Panel is final and binding on all parties and there shall be no recourse to the Courts on any question of either fact or law.
The complete CIS Appeals Policy can be found at: www.universitysport.ca/e/pol_proc/documents/09_90_ConductandEnforcement.pdf#appeals
(Source: Michel Belanger, CIS Communications)
