Central East Women’s Fastpitch League
- The purpose of this
policy is to enable disputes with members and members of member
associations to be dealt with fairly, expeditiously and affordably, within
the Central East Women’s Fastpitch League (CEWFL) and without recourse to
external legal procedures.
- Days - will mean total
days, irrespective of weekends or holidays.
- Member - refers to all
Associations engaged in activities with the CEWFL including, but not
limited to, association directors, officers, administrators and employees.
- Members of Member
Associations - refers to all individuals engaged in activities with Member
Associations including, but not limited to, athletes, parents, coaches, team
managers, scorekeepers, officials and volunteers.
- Appellant - refers to
the member appealing a decision.
- Respondent - refers to
the body whose decision is being appealed.
Application of Policy
- In this policy, the general
term “Member” refers to member associations, and members of member
associations, as defined in the Constitution and By-Laws of the CEWFL.
- A Member who is affected
by a decision of the Board of Directors, or of an Executive, Committee, Volunteer
or any individual who has been delegated authority to make decisions on
behalf of the Board of Directors, will have the right to appeal that
decision, provided there are sufficient grounds.
- The President has the
authority to solely rule on game forfeit appeals without convening a panel,
and may reverse a forfeit but only prior to the leagues “Last date
to appeal forfeit status” per Section 17 of the Bylaws.
- This right to appeal
will not apply to decisions relating to:
a) Discipline matters arising
during non-league events that are within the jurisdiction of PWSA or Members Associations;
b) Player eligibility/selection to
teams that are within the jurisdiction of Association Members;
c) Operational matters of the
league such as budgeting, scheduling, communications or other day-to-day
d) Matters that are decided by
the voting membership of the league such as the Constitution, Bylaws and Rules
e) PWSA suspensions which are
automatically enforced by the league;
f) Any decision made under
Section 10 of this Policy.
Timing of Appeal
- Members who wish to
appeal a decision will have 7 days from the date on which they received
notice of the decision, to submit in writing their appeal to the President
of the CEWFL, with a copy to the Secretary.
Submitting an Appeal
- The notice will contain
the contact information for the Appellant, the name of the Respondent (the
body whose decision is being appealed), grounds for the appeal per section
7, a summary of the evidence that supports these grounds, and the remedy
or remedies requested.
Grounds for Appeal
- Not every decision may
be appealed. Decisions may only be
appealed, and appeals may only be heard, on procedural grounds. Procedural grounds are strictly limited
to the Respondent:
a) Making a decision for which
it did not have authority or jurisdiction as set out in governing documents;
b) Failing to follow procedures
as laid out in the By-Laws or approved policies of the CEWFL;
c) Making a decision that was
influenced by 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 made a
decision that was influenced by factors unrelated to the merit is of the
Screening of Appeal
- Within 7 days of
receiving the notice of an appeal, the President will determine whether
there is a right of appeal as set out in Section 4 and whether the appeal
is brought on appropriate grounds, as set out in Section 7. In the absence of the President, a
designate will perform this function.
- If the appeal is denied
on the basis of insufficient grounds, the President will notify the
Appellant of this decision in writing, giving reasons. This decision is at the sole discretion
of the President and may not be appealed.
- If the President is
satisfied that there is a right of appeal and that there are sufficient
grounds for an appeal, within 14 days of the President having received the
original notice of appeal, the President will establish an Appeals Panel
(hereafter referred to as the “Panel”) as follows:
a) The Panel will be comprised
of three individuals who will have no significant relationship with the
affected parties, will have had no involvement with the decision being
appealed, and will be free from any other actual or perceived bias or conflict.
b) At least two members of the
Panel will be actively involved in the sport of softball in Ontario.
c) The President will name one
of the Panel members to serve as Chairman of the Panel.
Procedure for the Hearing
- The Panel will govern
the hearing by oral or by document submission as it deems appropriate,
a) The hearing will be held
within 14 days of the Panel’s appointment.
b) The Appellant and Respondent
will be given 10 days written notice of the date, time and place of the
c) A quorum will be all three
Panel members, and decisions will be by 2/3 majority vote.
d) If the decision of the Panel
may affect another party to the extent that the other party would have recourse
to an appeal under this policy, that party will become a party to the appeal in
question and will be bound by its outcome.
e) All parties are given
opportunity to provide written submissions to the Panel, to review written
submissions of other parties, and to provide written rebuttal and argument; and
f) If the circumstances of the
dispute will not allow a timely appeal, or cannot be concluded within the
timelines, the Panel may direct alternate timelines.
g) The appeal will take place in
the location designated by the President unless the Panel decides the appeal is
to be held by way of telephone conference, or unless, at the specific request
of a party, the Panel as a preliminary matter mandates a different location.
- Within 7 days of
concluding the appeal, the Panel will issue its written decision, with
- In making its decision,
the Panel will have no greater authority than that of the original
decision-maker. The Panel may
a) To reject the appeal and
confirm the decision being appealed or
b) To uphold the appeal and vary
the decision where it is found that an error occurred; and
- The decision will be
considered a matter of public record.
A copy of the decision will be presented to each of the parties and
to the CEWFL Board of Directors.
Final and Binding Decision
- The decision of the
Panel will be final and binding on the parties and on all
Members of the CEWFL.
- In the event that a
dispute persists after appeals have been exhausted, and where
the continuing dispute relates to an
Appeal Panel having made a decision that was outside its jurisdiction, having
failed to follow proper procedures, or having made a decision that was
influenced by bias, such a dispute will be dealt with through binding
arbitration through the Provincial Women’s Softball Association.
- Should a dispute be
referred to the Provincial Women’s Softball Association, all parties to
the original appeal will be Parties to the arbitration. Furthermore, the parties to the
arbitration will enter into a written Arbitration Agreement that will
specify the decision of the arbitrator, will be final and binding upon the
parties, and not subject to any further review by any court or any other
- No action, application
for judicial review or other legal proceeding will be commenced against
the CEWFL in respect of a dispute with a member unless the CEWFL has
failed or refused to participate in binding arbitration in accordance with
to Follow per Appeals Policy
Forfeits –games recorded as forfeit, until scores reported
Offences – fines imposed, ineligible for play until obligations are met
Suspensions - Minimum 1 league game, or until all obligations are met
– members may receive probation with any sanctions
– Automatically enforced by the league, not appealable
Member appeals the suspension. Notice to appeal the "decision" must
be sent in writing to the President and Secretary within 7 days.
President determines whether there is a right of appeal within 7 days of the
notice of the appeal. THIS DECISION IS AT THE SOLE DISCRETION OF THE PRESIDENT
AND MAY NOT BE APEALED.
If the President confirms the right of appeal on sufficient grounds, they will
establish an Appeals Panel within 14 days of having received the original notice
Panel delegates to one of its members, the authority to deal with the preliminary
matters on behalf of the Panel.
The Hearing is held.
Within 7 days, the Panel will issue its written decisions with reasons.
copy of the decision will be sent/presented to each of the Parties and to the Board
The decision of the Panel will be final and binding on all parties and on all members
of the Central East Women’s Fastpitch League.
Policy Name: Appeal Policy
Ratification Date: April 7, 2019
April 7, 2019