1. Purpose

The Edmonton Table Tennis Club (“ETTC” or the “Club”) is committed to making decisions fairly, consistently, transparently, and in accordance with its bylaws, policies, and applicable law.

This Policy provides a fair and impartial process for reviewing certain final decisions made by the Club.

An appeal is not a new hearing or an opportunity to have a matter reconsidered merely because a party disagrees with the outcome. An appeal is limited to the grounds and procedures set out in this Policy.

2. Application

This Policy applies to final decisions made under the authority of ETTC that directly affect an individual’s participation, membership, privileges, eligibility, or standing with the Club, including:

1. Disciplinary sanctions.
2. Suspension or termination of membership.
3. Significant restrictions on participation.
4. Removal from an appointed Club position.
5. Decisions arising from an ETTC complaint process.
6. Other final decisions where an ETTC policy expressly provides a right of appeal.

This Policy applies to members, athletes, coaches, officials, volunteers, Directors, committee members, parents or guardians, and other individuals participating in Club activities, as applicable.

3. Decisions Not Subject to Appeal

The following decisions are not appealable under this Policy:

1. Decisions relating to the ordinary rules of play or decisions made by an umpire, referee, tournament director, or other official during competition, except where another applicable policy expressly provides otherwise.
2. Routine administrative or operational decisions.
3. Changes to programs, schedules, fees, facilities, or table assignments that apply generally.
4. Decisions made by the membership at a properly constituted general meeting.
5. Decisions made by an external organization, tribunal, governing body, or authority.
6. Settlements or resolutions voluntarily accepted by the parties.
7. Provisional or interim measures, except where the measure continues for an unreasonable period or another ETTC policy expressly permits review.
8. Decisions for which the applicable appeal period has expired, unless an extension is granted under this Policy.
9. Decisions expressly stated to be final and not subject to appeal under an applicable law, bylaw, policy, or external process.

Safe Sport or maltreatment matters assigned to an independent external mechanism must be appealed or reviewed through that mechanism’s rules rather than through this Policy.

4. Eligibility to Appeal

A person may submit an appeal where that person:

1. Is directly affected by the decision.
2. Participated in the original process, where participation was reasonably available.
3. Submits the appeal within the required time.
4. Identifies at least one permitted ground of appeal.

For a minor, an appeal may be submitted by the minor’s parent or legal guardian.

The person submitting the appeal is referred to as the “Appellant.” Any other person directly affected by the appeal may be designated as a “Responding Party.”

5. Grounds of Appeal

An appeal may be considered only where the Appellant establishes one or more of the following grounds:

1. The original decision-maker lacked authority or jurisdiction.
2. A material procedural error or denial of procedural fairness occurred.
3. The decision-maker was affected by bias or an undisclosed conflict of interest.
4. The decision was based on a material error of fact.
5. Relevant new evidence has become available that could not reasonably have been discovered or presented during the original process despite reasonable diligence.
6. The decision-maker failed to apply, or materially misapplied, an applicable bylaw, policy, or rule.
7. The sanction or consequence imposed was clearly unreasonable or disproportionate.

The Appellant bears the responsibility of demonstrating that an appeal should be allowed.

6. Notice of Appeal

An appeal must be submitted in writing to the ETTC Secretary, President, or other person designated by the Board within fourteen (14) days after the Appellant receives the written decision and reasons.

The Notice of Appeal must include:

1. The Appellant’s name and contact information.
2. Identification of the decision being appealed.
3. The date the decision was received.
4. The specific ground or grounds of appeal.
5. A concise explanation of the alleged error.
6. The outcome or remedy requested.
7. Copies of the decision and relevant supporting documents.
8. Any request for an extension, accommodation, oral hearing, or stay of the decision.

The Club will acknowledge receipt of the appeal and may request additional information necessary to administer the process.

7. Extension of Time

An Appeal Manager may extend the fourteen-day appeal period where satisfied that:

1. Exceptional circumstances prevented the appeal from being submitted on time.
2. The Appellant acted promptly after those circumstances ended.
3. The delay does not cause significant unfairness to another party.
4. Granting the extension is in the interests of fairness.

A request for an extension must explain the reason for the delay.

8. Appeal Manager and Initial Screening

The Board will appoint an impartial Appeal Manager to administer the appeal. The Appeal Manager must not have participated in the original decision and must be free from any actual or reasonably perceived conflict of interest.

The Appeal Manager may obtain administrative or legal assistance but must preserve the confidentiality of the process.

The Appeal Manager will conduct an initial screening and may dismiss an appeal where:

1. The Appellant does not have standing.
2. The decision is not appealable.
3. The appeal was submitted late and no extension is justified.
4. No permitted ground of appeal has been identified.
5. The appeal is frivolous, vexatious, made in bad faith, or an abuse of process.
6. The matter falls within the exclusive jurisdiction of another organization or process.

A screening decision will be provided to the Appellant in writing with brief reasons.

9. Appeal Panel

Where an appeal proceeds, the Appeal Manager will appoint an Appeal Panel consisting of one or three impartial persons.

Panel members must:

1. Have no material relationship with the dispute or the parties.
2. Not have participated in the original decision, investigation, or hearing.
3. Disclose any actual, potential, or perceived conflict of interest.
4. Possess appropriate experience or judgment for the matter.
5. Agree to maintain confidentiality.

Where three members are appointed, the Appeal Manager will designate one member as Chair.

If a conflict of interest arises, the affected panel member must withdraw and be replaced.

10. Appeal Procedure

The Appeal Manager or Appeal Panel may establish procedures appropriate to the nature and complexity of the appeal, provided the process remains fair.

Appeals will normally be decided through written submissions. An oral or virtual hearing may be held where the Panel determines that it is necessary for procedural fairness.

The process may include:

1. Delivery of the Notice of Appeal to the Responding Party.
2. Disclosure of the record considered by the original decision-maker.
3. Written submissions from the Appellant.
4. Written submissions from the Responding Party.
5. A reply from the Appellant limited to new matters raised in the response.
6. Questions from the Appeal Panel.
7. An oral or virtual hearing where required.
8. Any reasonable accommodation necessary to permit meaningful participation.

Each party must be given a reasonable opportunity to know and respond to the material information considered by the Panel.

The Appeal Panel may set and enforce reasonable deadlines. A failure to participate after proper notice does not prevent the Panel from deciding the appeal.

A party may be assisted by a support person or represented by legal counsel at their own expense, subject to reasonable procedural directions from the Panel.

11. Record and New Evidence

The appeal will ordinarily be decided using:

1. The original written decision and reasons.
2. The evidence and submissions considered during the original process.
3. The Notice of Appeal.
4. The submissions permitted during the appeal.

New evidence will be accepted only where the Appeal Panel determines that:

1. The evidence is relevant and potentially material to the outcome.
2. The evidence was not reasonably available during the original process.
3. Admitting the evidence will not cause unfairness that cannot reasonably be addressed.

The Panel may return the matter to the original decision-maker where substantial new evidence should first be considered through the original process.

12. Standard of Review

The Appeal Panel will not substitute its preferred decision merely because it might have reached a different conclusion.

The Panel will determine whether the Appellant has established a permitted ground of appeal and whether the identified error materially affected the decision or sanction.

Minor or technical errors that did not affect the fairness or outcome of the process will not ordinarily justify overturning a decision.

13. Interim Measures and Stays

Submitting an appeal does not automatically suspend the original decision or any interim or protective measure.

The Appellant may request a stay. In deciding whether to grant a stay, the Appeal Manager or Appeal Panel may consider:

1. Participant safety and well-being.
2. The apparent strength of the appeal.
3. Potential harm to the Appellant if a stay is refused.
4. Potential harm to other persons or the Club if a stay is granted.
5. The integrity of Club programs and competitions.
6. The overall balance of fairness.

Protective measures involving participant safety will remain in effect unless the Appeal Manager or Appeal Panel determines that modifying or lifting them is appropriate.

14. Appeal Decision

After considering the appeal, the Appeal Panel may:

1. Dismiss the appeal and uphold the original decision.
2. Allow the appeal in whole or in part.
3. Vary the decision or sanction.
4. Overturn the decision.
5. Return the matter to the original decision-maker or a new decision-maker for reconsideration.
6. Direct that a new hearing or process be conducted.
7. Correct a procedural defect where this can be done fairly.
8. Make any other procedural direction reasonably necessary to resolve the appeal.

The Appeal Panel will provide a written decision with reasons, normally within twenty-one (21) days after receiving the final submission or completing the hearing.

If additional time is required, the parties will be advised of the delay and the anticipated decision date.

15. Finality

A decision of the Appeal Panel is final and binding within ETTC, subject only to:

1. Any further right provided by law.
2. An applicable right of appeal to a provincial or national sport organization.
3. An external process having jurisdiction over the matter.

Nothing in this Policy prevents a person from reporting conduct to law enforcement, child-protection authorities, human-rights bodies, or another authority with jurisdiction.

16. Confidentiality and Privacy

Appeals will be administered as confidentially as reasonably possible.

Information may be disclosed where necessary to:

1. Provide procedural fairness.
2. Investigate or decide the appeal.
3. Implement or enforce the decision.
4. Protect participants.
5. Comply with law or a governing-body requirement.
6. Obtain appropriate professional advice.

The Club will collect, use, disclose, retain, and protect personal information in accordance with its Privacy Policy and applicable privacy legislation.

Participants must not use confidentiality requirements to prevent a person from seeking legal advice, counselling, medical care, safeguarding assistance, or support from law enforcement or another appropriate authority.

17. Protection Against Retaliation

Retaliation against a person for submitting an appeal, participating in an appeal, providing information in good faith, or supporting another participant is prohibited.

A knowingly false allegation, deliberate misrepresentation, intimidation, or misuse of the appeal process may result in disciplinary action.

An unsuccessful appeal does not, by itself, establish bad faith or misconduct.

18. Costs

ETTC will not charge a filing fee for an appeal unless the Board establishes a reasonable fee intended to discourage frivolous or abusive proceedings. Any fee must be waived where it would create a financial barrier to a legitimate appeal.

Each party is responsible for their own legal, advisory, travel, and participation expenses.

ETTC is responsible for reasonable administrative expenses associated with the Appeal Manager and Appeal Panel unless another arrangement is required by an applicable policy or external process.

19. Records

The Club will maintain an appropriate record of:

1. The Notice of Appeal.
2. Procedural directions.
3. Submissions and admitted evidence.
4. Conflict-of-interest disclosures.
5. The written decision and reasons.
6. Actions taken to implement the decision.

Records will be retained securely and accessed only for legitimate Club purposes or as required by law.

20. Interpretation

Where this Policy conflicts with applicable legislation, ETTC’s bylaws, or a mandatory policy of a governing sport organization, the higher authority will prevail to the extent of the conflict.

The Board may resolve procedural questions not expressly addressed in this Policy, provided it does so consistently with impartiality and procedural fairness and does not participate in deciding the merits of an appeal in which it was involved.

21. Policy Review

The Board will review this Policy periodically and may amend it to maintain consistency with applicable legislation, ETTC’s bylaws, Safe Sport requirements, and recognized governance practices.