Preamble

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 Yukon Gymnastic Association 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.

Appeal Process

The following detail outlines the Yukon Gymnastic Association’s internal appeal process. Further information can be provided by YGA as required.

1. An individual athlete, coach, official or member association can make a written request directly to the Technical Director of YGA to review a decision made by the association. The Technical Director 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 Technical Director of YGA, the individual athlete, official, coach or member association can formally (in writing) appeal to YGA 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 YGA by registered mail within 15 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, YGA will not move forward with the internal appeal procedure.

3. Once an appeal is received by YGA, a neutral Appeal Committee will be set up as soon as possible and will include one Board member from YGA. YGA 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. YGA will appoint one of the Committee members as the Chairperson for the Committee.

4. The Appeal Committee will communicate their decision in writing to YGA and the appellant(s).

5. The decision from the Appeal Committee will be binding on YGA and its members and member clubs.

6. There is no further internal appeal procedure within YGA.

Grounds for an Appeal:

Generally speaking, grounds for an appeal of a decision by YGA hinge on four elements:

1. That the decision making process did not follow the stated guidelines or 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 guidelines and 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.

Financial Considerations

A fee of $20.00 must accompany the written appeal. This money will only be refunded if the Appellant successfully wins his/her appeal.