Brock Sports Program Appeal Procedures

A) Appeals of Decisions Relating to the Operation of Brock Badger Varsity Teams
The following procedures shall be followed in cases where students wish to appeal an administrative decision (including decisions made by coaches) relating to the operation of a Brock Sports Varsity team (including selection to a team, withdrawal from a team, discipline and selection for awards and honours). It should be noted that student-athletes are also subject to the Brock Student Code of Conduct, and all other University policies. Student-athletes are further subject to OUA/U SPORTS regulations. Where those policies are invoked, any appeals must be pursued according to the procedures set out in those policies.

B) Decisions Regarding Membership on a Team, Violation of Team Rules, and other aspects of Team Operation
If a student-athlete has questions or concerns over aspects of team operations and/or Brock Sports programming, they are encouraged to first speak directly with their Head Coach or a member of the coaching staff at a scheduled time. Coaches shall provide rationale and/or clarify information that led to the decision made.

If a student-athlete seeks further clarification and/or would like to appeal the decision as it pertains to the participation in a Brock Sports program, they may initiate an informal appeal outlined in Step One.

* Coaches and staff shall not discuss matters of team operations including selections/deselection decisions with parents/guardians or other third parties.

STEP ONE
The student-athlete / member is entitled to meet informally with the Manager, Varsity Student Athlete Services and Compliance, Brock Sports & Recreation (or designate) as soon as practical (normally within 5 working days) to review the matter. If a resolution agreeable to both the student-athlete and the coach is achieved, no further action is required.

STEP TWO
If the student-athlete wishes to launch a formal appeal, they shall submit written reasons for the appeal, together with relevant documents to the Associate Director, Athletics, Brock Sports & Recreation within an additional 5 working days (or longer period if granted). The Associate Director (or designate) will undertake such research as they deem advisable and convene a formal meeting or series of meetings involving the appellant (who may be accompanied by persons of their choice), the coach, as well as other persons with information directly relevant to the issue. The Associate Director will strive to complete this process in an expeditious manner. The Associate Director will deliver a written decision to the appellant and the coach. The decision may involve either modification, confirmation or extension of the original decision.

STEP THREE
The student-athlete/member shall submit a written notice to the Executive Director, Brock Sports & Recreation, within 5 working days of the receipt of the written notice of the decision of the Associate Director, in Step Two. This notice shall clearly indicate the grounds for further appeal, which customarily are: lack of due process; possession of relevant new facts that were not available at the time of the earlier step(s); a decision clearly contrary to University policy. It should be noted that Step Two is not a re-hearing de novo but an appeal based solely on the grounds outlined by the appellant. The Executive Director, Brock Sports & Recreation shall meet informally with the appellant as soon as practicable (normally within 5 working days) to review the matter. If a resolution agreeable to both the appellant and the coach is achieved, no further action is required. If such a resolution is not achieved, the Executive Director will undertake such research as they deem advisable and convene a formal meeting or series of meetings involving the appellant (who may be accompanied by other persons of their choice), the Associate Director, Student Affairs in Student Services, the coach, as well as other persons with information directly relevant to the issue. The Executive Director will strive to complete this process in an expeditious manner. The Executive Director will deliver a written decision to the appellant and the coach. The decision may involve either modification, confirmation or extension of the original decision. The decision of the Executive Director is final.

STEP FOUR-INCLUDING APPEALING OUTCOMES OF TEAM SUSPENSION
In matters of appealing outcomes of team suspension, the student athlete/appellant may appeal the decision of the Executive Director to the Assistant Vice President, Students (AVP) by submitting a written notice to the AVP within 5 working days of the receipt of the written notice of the decision of the Executive Director in Step Three. This notice shall clearly indicate the grounds for the further appeal, which customarily are: lack of due process; possession of relevant new facts that were not available at the time of the earlier step(s); a decision clearly contrary to University policy. It should be noted that Step Three is not a re-hearing de novo but an appeal based solely on the grounds outlined by the appellant. The AVP shall follow the process for appeals for non academic appeals as outlined in the Student Code of Conduct (page 11).

STEP FIVE
Brock University Appeals Board has final jurisdiction over matters pertaining to non academic appeals. Information regarding a Step Five appeal shall be provided by the University Appeals Board Secretariat.

C) Decisions Regarding Athletic Financial Awards
Student-athletes/members with concerns in these areas should consult their coach, Manager of Varsity Student Services or the Associate Director, Athletics. If the decision resulted from an administrative oversight, it shall be corrected in an expeditious manner. If a possible appeal is to be based on grounds other than administrative oversight, the appellant shall meet with the Associate Director, who shall review the issue and advise on the most appropriate course of action. Appeals under this section may involve consideration of the issue by the Department’s Awards Committee. Appeals to the Executive Director, Brock Sports & Recreation, the Assistant Vice President, Students and the Appeals Board shall follow the procedures outlined in section 1.1.

D) OUA/U SPORTS Decisions Regarding Eligibility and/or Conduct
Appeals concerning OUA/U SPORTS decisions regarding student-athlete eligibility and/or player conduct are handled according to the procedures outlined by these organizations. Student-athletes should meet with the Manager, Varsity Student Athlete Services & Compliance who can advise on the most appropriate course of action. If not satisfied with the course of action, student athletes should meet directly with the Executive Director, Brock Sports & Recreation.

E) Decisions Regarding Drug Tests
Appeals concerning positive tests resulting from the U SPORTS drug-testing program are governed by the appeal procedures of the U SPORTS and the CCES. Student-athletes should meet with the Executive Director, Brock Sports & Recreation as soon as possible.

F) Decisions Regarding Employment-Related Issues
Students/members who are appealing a decision stemming from their employment or possible employment as a member of the casual staff related to the Brock Badger Varsity program shall follow the human resources procedures contained in their employment agreement within Human Resources.

REFERENCES
BROCK UNIVERSITY STUDENT CODE OF CONDUCT
OUA CODE OF CONDUCT PAGES 4-27