Appendix B – VICFA DISCIPLINARY POLICY & PROCEDURES

VICFA DISCIPLINARY POLICY & PROCEDURES

The purpose of this disciplinary Policy is to ensure a safe and positive environment by making all participants in youth football aware that there is an expectation, at all times, of appropriate behavior consistent with the VICFA’s values.

The VICFA is committed to providing an environment in which all VICFA members are treated with courtesy and respect and characterized by the values of fairness, integrity, and open communication. Participation in the VICFA, as well as participation in VICFA Activities, brings with it many benefits and privileges.

At the same time, VICFA members are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the policies, bylaws, rules and regulations of the VICFA. This policy is enforceable continuously between spring and fall seasons. Ie: decisions made in the spring season will continue into the fall season.

Irresponsible behavior by VICFA members can result in severe damage to the reputation and integrity of the VICFA. The Policy provides a common set of expectations and requirements in the applications of sanctions. A Disciplinary Committee decision may include educational sanctions, game suspensions, administrative suspensions as well as fines and bonds / bond forfeit and other such conditions that may be appropriate to the behavior.

In applying sanctions there is consideration for mitigating and aggravating factors as well as whether the sanction should be game- based or term-based. Sanctions should be consistent across all levels of the game for the category of misconduct. The Disciplinary Committee is tasked with carrying out what is best for the game and to provide learning and personal betterment opportunities to participants in youth football.

The Policy is not intended to specifically outline every instance of misconduct. As such, misconduct not specifically listed in the Policy that is not in line with expected behavior may still constitute a breach of the Policy and be subject to sanctions. Good sense and common decency must prevail as is intended by ethics and standards of behavior.

Since discipline and sanctions may be applied, it is only fair to provide VICFA members a mechanism so that complaints and disciplinary matters are dealt with fairly, expeditiously and affordably.

Progressive Discipline

Discipline is meant to be consecutive, additive and progressive. Multiple misconduct regardless of category results in progressive discipline (even if heard at one hearing). For every incident of misconduct or escalation in conduct subsequent to the initial action, the degree of suspension steps up progressively. Each new action is separate and distinct from the previous attracting its own potential discipline at potentially the next level of discipline.

The Disciplinary Committee has the obligation to be reasonable in the application of suspensions and ensure that level of sanction is appropriate to the misconduct. Circumstances must be considered as well as the opportunity for education or other sanction. Sanctions of individuals must consider what is best for the sport and where reasonable may have allowance for transfer of duties, activity under supervision or limited participation under a clearly defined scope. Mitigating and aggravating factors may lesson or increase the type, length and breadth of sanction. For players, the application of progressive discipline recognizes that football is a competitive game and that not all offences are treated equally; nor do they attract the same level of progressive discipline.

Disciplinary Committee

The Disciplinary Committee has a responsibility to investigate any formal complaint brought to their attention or on information that becomes available to it that is indicative of misconduct.

The VICFA President or Executive member (Vice President, Treasurer or Secretary) will appoint a Disciplinary Committee of 4 Association Presidents or Executive Members except those involved in the complaint. The VICFA President will not be on the Discipline Committee but the Designated Executive members can be. A chair will be appointed once a complaint is received. The Disciplinary Committee is charged with the responsibility to:

• Uphold the principles of natural justice and duty to act fairly
• Ensure that the meeting process is free of bias, impartial and unprejudiced
• Provide adequate prior notices of hearing that identify the critical issues and contain sufficient information for respondents to be able to participate meaningfully in the decision-making process
• Ensure a fair hearing where the respondent is given a reasonable opportunity to represent himself or herself
• That the committee members genuinely consider the respondents submissions in making decisions
• Inquire into all allegations of misconduct and to investigate when necessary
• To determine the disposition of all discipline matters brought before the committee
• Keep a written record of decisions rendered

Application of this Policy

• This Policy applies to all VICFA members.
• This Policy only applies to complaints and disciplinary matters that may arise during the course of, or directly related to VICFA Activities.
• Complaints and disciplinary matters arising within the business, activities or events organized by entities other than the VICFA (such as but not limited to individual Associations or zones) will be dealt with pursuant to the policies of those other entities.

Reporting a Complaint

•  Any VICFA member can submit a complaint to their Association President. All VICFA member complaints must be sent to their Association President for review before they are submitted by the Association President. No complaints are to be sent to the VICFA President directly by VICFA members unless the complaint or concern is about their Association President or their Association Executive
• Any Association President may report in writing (email) to the VICFA President (with a copy to the VICFA Secretary) any complaint. Such complaint must be signed and in writing, and must be submitted to the President (with a copy to the VICFA Secretary) within fourteen (14) days after the alleged incident. Anonymous complaints may be accepted at the sole discretion of the President
• A complainant wishing to file a complaint beyond the fourteen (14) day period must provide a written statement giving reasons for an exemption to this limitation. The decision to accept, or not accept, the notice of complaint outside the fourteen (14) day period will be at the sole discretion of the Disciplinary Committee. This decision may not be appealed.
• The Disciplinary Committee will determine whether the complaint is frivolous or vexatious. If the Disciplinary Committee determines the complaint is frivolous or vexatious, the complaint will be dismissed immediately
• If a complaint is determined by the Disciplinary Committee to be appropriate for further investigation, the complaint will be designated by the Disciplinary Committee as either a minor infraction or a major infraction and dealt with according to the appropriate sections of this Policy. It will be at the sole discretion of the Disciplinary Committee to determine whether a complaint is to be dealt with as a major or minor infraction. This determination cannot be appealed
• If the incident is to be dealt with as a minor infraction, the President will inform the parties and the matter will be dealt with according to the section relating to minor infractions
• If the incident is to be dealt with as a major infraction, the President will inform the parties and the matter will be dealt with according to the section relating to major infractions.

Timeline and Procedures

•  Complaint to VICFA President with a copy to the VICFA Secretary
• Complaint forwarded to the Discipline Panel
• Once accepted by the Discipline Panel and agreed to a Minor or Major infraction (within 48 hours) an email will be sent to the parties involved notifying them of the complaint and asking for evidence within 5 days
• Discipline committee will review all evidence and a decision will be made. The Chair will forward decision to the VICFA President who will notify all parties involved.

This Policy does not prevent a Person in Authority from taking immediate, informal or corrective action in response to behavior that constitutes either a minor or major infraction, provided that the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident. Further sanctions may be applied in accordance with the procedures set out in this Policy.

Minor Infractions

• Examples of minor infractions include, but are not limited to, a single incident by a person of
  • Disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards others
  • Conduct contrary to the ideals, purpose and objectives of the VICFA of providing an environment in which all VICFA members are treated with respect and characterized by the value of fairness, integrity and open communication
  • Non‐compliance with the policies, procedures, rules and regulations under which the VICFA is governed
• All disciplinary situations involving minor infractions will be dealt with by either the Disciplinary Committee, or if the Disciplinary Committee considers it to be reasonable in the circumstances, the President may delegate authority to deal with the matter to an appropriate Person in Authority
• Procedures for dealing with minor infractions will be informal, as compared to those for major infractions, and will be determined at the discretion of the Disciplinary Committee or the appropriate Person in Authority responsible for discipline of such infractions. If considered practical, the Disciplinary Committee may determine that the procedure for dealing with a minor infraction may be undertaken by way of submissions in writing, in‐ person meeting or via telephone conference and without the need for a formal hearing. This is provided that the Respondent is given advance notice in writing of the nature of the infraction (the “Infraction Notice”) and has a reasonable opportunity to provide information and respond concerning the incident. Failure by a Respondent to provide information and respond concerning a complaint may result in the complaint being considered valid
• In circumstances of reasonable urgency (including but not limited to matters that will impact a play‐off game, play‐off scheduling, suspensions or other matters that affect another team or teams, with respect to the Respondent’s participation in an upcoming game, particularly a playoff game) the procedures for dealing with an alleged minor infraction may, upon the request of the Respondent and subject to the consent of the President (not to be unreasonably withheld or delayed), be dealt with on an expedited basis, with time limits abridged. In this event, the Respondent will have up to 48 hours after being given the Infraction Notice to provide information and respond concerning the alleged incident or infraction
• Sanctions for minor infractions, which may be applied singly or in combination, include the following:
  • Written reprimand which will be placed in the Respondent’s file
  • Written apology to be provided by the Respondent
  • Suspension or disqualification from the current VICFA activity or event
  • Suspension or disqualification from a future VICFA activity or event
  • Any other reasonable sanction or discipline considered appropriate by the President for the infraction
• Minor infractions that result in discipline will be recorded and maintained by the VICFA. Repeated minor infractions by a Respondent may result in any such repeated minor infraction by the Respondent being considered a major infraction in future
• Any sanctions recommended by a Person in Authority, who is not a member of the VICFA Executive, must be immediately reported to and shall be subject to review bythe VICFA Executive within 7 days after the occurrence of the incident. The sanctions imposed or other disciplinary actions taken may be replaced by reasonable sanctions or disciplinary actions deemed appropriate by the VICFA Executive.

Major Infractions

• Major infractions are instances of repeated or other misconduct that result, or have the potential to result, in harm to other persons, VICFA members or the VICFA or that demonstrate a material disrespect or disregard of VICFA policies, its goals, objectives and values
• Examples of major infractions include, but are not limited to
  • Repeated incidents of disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards others
  • Repeated conduct contrary to the ideals and objectives of the VICFA of providing an environment in which all VICFA members are treated with respect and characterized by the value of fairness, integrity and open communication
  • Activities or behavior which interfere with a competition or with any athlete’s preparation for competition
  • Incidents of physical abuse
  • Pranks, jokes or other activities that endanger the safety of others
  • Disregard for the policies, procedures, rules and regulations under which VICFA Activities or events are conducted
  • Conduct which results in harm to the image, credibility or reputation of the VICFA and/or its’ sponsors
  • Consumption of alcohol or being intoxicated by drugs or alcohol during VICFA Activities where the level of consumption or intoxication is such that it impairs the individual’s ability to speak, walk or drive; causes the individual to behave in a disruptive manner; interferes with the individual’s ability to perform effectively and safely, or places the safety of any other persons in danger
  • Any use of alcohol by minors
  • Any use of illicit drugs or narcotics
  • Any use of banned performance enhancing drugs or methods
  • Occurrence of multiple minor infractions within a 24 month period (where multiple minor fraction refers to more than one infraction considered by the VICFA Executive to be of the same, similar or greater severity
  • A single incident of conduct which is considered by the VICFA Executive to be severe and has resulted, or has the potential to result, in substantial harm to the VICFA, VICFA members or other persons.

Note: The definition of “repeated” will depend on the severity of the infraction and frequency of offences within a given time to be determined by the VICFA at its sole discretion.

Major infractions occurring within competition may be dealt with immediately, if necessary, by a Person in Authority, provided the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident. In such situations, disciplinary sanctions will be for the duration of the competition only. Further sanctions may be applied but only after review of the matter in accordance with the procedures set out in this Policy. This review does not replace the appeal provisions of this Policy.

Serious Infractions

The President, or designate, may determine that an alleged incident is of such seriousness as to warrant immediate suspension of the Respondent pending a hearing and a decision of the Disciplinary Committee or otherwise (including but not limited to an incident involving alleged criminal behavior or in which, if true, there is a risk of serious harm to the health or safety of VICFA Members, especially but not only athletes).

Where it is brought to the attention of the President, that a VICFA Member has been charged with an offence under the Criminal Code (or similar legislation in any other jurisdiction), or has previously been convicted of a criminal offence, the President may suspend the VICFA Member pending further investigation, a hearing or a decision of the Disciplinary Committee.

Notwithstanding the procedures set out in this Policy, any VICFA Member who is convicted of a criminal offence involving sexual exploitation, invitation to sexual touching, sexual interference, sexual assault, aggravated assault, trafficking of drugs or narcotics, or possession of drugs or narcotics for the purposes of trafficking, or such other criminal offence as the VICFA Executive considers serious or a potential risk to the health or safety of VICFA Members, will face automatic suspension from participating in any VICFA Activities until otherwise determined by the VICFA Executive and may face further disciplinary action by the VICFA in accordance with this Policy.

DISCIPLINE PANEL AND HEARING POLICY

•  Within fourteen (14) days after notifying the Respondent of a complaint of a major infraction, the President, will appoint a disciplinary panel (“Panel”) of all Association Presidents to hear the complaint. The members of the Panel will select from themselves a Chairperson. If within 3 days after its appointment, the Panel is unable to agree on the appointment of a Chairperson, then the President may by notice in writing to the Panel specify member of the Panel who is to be the Chairperson
• Members of the Panel will have had no involvement with the alleged infraction; and will be free from any other bias or conflict of interest
• The Panel will use their best efforts to hold a hearing with respect to the complaint as soon as possible, but not more than fourteen (14) days after being appointed, unless otherwise approved by the VICFA Executive
• Having regard to the nature of the disciplinary matter and the potential consequences of any resulting sanctions, the Panel will decide to conduct the hearing by way of review of documentary evidence or by way of oral hearing. If the Panel decides to conduct an oral hearing, it may decide to do so in‐person or by means of telephone or video-conference

Preliminary Meeting

The Panel may determine that the circumstances of the complaint warrant a preliminary meeting. The Panel may delegate to one of its members the authority to deal with preliminary matters, which may include but are not limited to:

• Format (hearing by documentary evidence, oral hearing or a combination of both)
• Date and location of the hearing
• Timelines for the exchange of documents
• Clarification of issues in dispute
• Any procedural matters including order and procedure of the hearing
• Remedies sought
• Evidence to be brought before the hearing
• Identification of any witnesses
• Any other procedural matter that may assist in expediting the hearing.

Documentary Review

Where the Panel has determined that the appeal will be held by way of documentary submissions, the Panel will govern the hearing fairly and as it sees fit, provided that

• All parties are given a reasonable opportunity to provide written submissions to the Panel, within 5 days of receiving notification, to review written submissions of the other parties, and to provide written rebuttal and argument; and
• The applicable principles and timelines set out by the Panel are respected

Oral Hearing

Where the Panel has determined that the appeal will be held by way of oral hearing, the Panel will govern the hearing fairly and as it sees fit, provided that:

• The affected parties will be given at least three (3) days’ notice in writing of the day, time and place of the hearing
• The affected parties will be provided copies of all evidence to be relied upon
• Decisions will be by majority vote where the Chairperson carries a vote
• Panel members will refrain from communicating with the parties except in the presence of, or copy to, the other parties
• The parties may be accompanied by a representative
  • No barrister or solicitor shall represent any such person or organization at the hearing of any misconduct, protest, complaint or appeal, unless
  • As an Association Official of the team, association, league or affiliated association concerned and has been so for a period of three months immediately preceding the submission of misconduct, protest claim, complaint or appeal; and
  • Whose name appears on the affiliation form of such team, association, league or affiliated association as an executive officer; and
  • A person so identified, may only represent the player, team, association or league in the capacity of an Association Official
  • The Respondent will have the right to present evidence and argument
  • Any party actually or potentially affected by the matter may be made party to the hearing by the Panel
  • The Panel may request that any witness be present at the hearing or submit written evidence in advance of the hearing. Any statements that are to be submitted and relied upon by the Panel must be signed by the party giving the statement
  • The hearing will be held in private
  • Each party will bear their own costs
  • Once appointed, the Panel will have the authority to abridge or extend timelines associated with any aspect of the hearing
  • If the Respondent chooses not to participate in the hearing, the hearing may proceed in any event in the absence of the Respondent, if the Panel determines that it has sufficient evidence to make a sound and supportable decision. If the Panel is unable to render a decision, the Respondent shall be suspended until such time that they make a written request for another hearing. VICFA may, at its discretion, charge a fee of $1,000 for re-scheduling a hearing
  • Where the Respondent acknowledges the facts of the incident, he or she may waive the hearing, in which case the Panel will determine the appropriate disciplinary action. The Panel may hold a hearing for the purpose of determining an appropriate sanction
  • After hearing the matter, the Panel will determine whether or not the Respondent will be sanctioned, and if so, will determine the appropriate penalty to be imposed and any measures to mitigate the harm suffered by others as a result. The Panel’s decision, with reasons, will be distributed in writing to all parties, the President, and the VICFA Executive within fourteen (14) days of the conclusion of the hearing, unless otherwise approved by the VICFA Executive.

Sanctions

The Panel may apply the following disciplinary sanctions singly or in combination, for major infractions:

• Written reprimand to be placed in the individual’s file
• Written apology
• Removal of certain privileges of participation in VICFA Activities
• Suspension from specified VICFA Activities
• Payment of a financial fine in an amount to be determined by the Panel
• Suspension from all VICFA Activities for a designated period of time
• Suspension of VICFA funding
• Expulsion from membership in VICFA (in accordance with and subject to the bylaws and constitution of VICFA)
• Publication of the Panel’s decision or
• Other sanctions as may be considered appropriate for the infraction.

Unless the Panel decides otherwise, any disciplinary sanctions will commence immediately.

Failure to comply with a sanction as determined by the Panel will result in automatic suspension or disqualification of the Respondent from further participation in VICFA Activities, suspension of membership in VICFA (if in accordance with and subject to the provisions of the bylaws and constitution of VICFA) or such other sanctions and discipline as the Panel may determine to be reasonable and appropriate until such time as compliance occurs.

In applying sanctions, the Panel may have regard to the following aggravating or mitigating circumstances:

• The nature and severity of the incident
• Whether the incident is a first offence by the Respondent or has occurred repeatedly
• The Respondent ‘s acknowledgment of responsibility
• The Respondent’s remorse and post‐infraction conduct
• The age, maturity or experience of the Respondent
• Whether the Respondent retaliated
• The Respondent’s pre‐infraction conduct, including prior involvement with VICFA Activities
• The Respondent’s prospects for rehabilitation.

Written record

A written record (which may include but is not limited to an electronic copy of a record that is saved on systems or storage media controlled or accessible by the VICFA) will be maintained by VICFA at the VICFA office for major infractions that result in a sanction.

Timelines

 If the circumstances of the complaint are such that this policy will not allow a timely conclusion, or if the circumstances of the complaint are such the complaint cannot be concluded within the timelines dictated in this policy, the Panel may direct that these timelines be revised.

Confidentiality

The discipline and complaints process is intended to be confidential involving only the parties, the President, VICFA Executive, Panel members, or their respective representatives, if any. Once initiated and until a decision is released, none of the parties will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings (other than for the purposes of obtaining legal or other professional advice on a confidential basis in connection with the proceedings).

VICFA APPEALS POLICY AND PROCEDURES.

Decisions of the Disciplinary Committee, Panel, Decision Maker, or a Person in Authority, pursuant to the VICFA Disciplinary Policy, may (unless rights to an appeal are expressly precluded by the provisions of the VICFA Handbook) be appealed in accordance with the provisions of this “Appeal Policy”.

Definitions

The following words, phrases or terms will have ascribed to them meanings in this Appeal Policy the following meanings:

• “Appeals Panel” means the person, panel or body appointed pursuant to this Appeal Policy to hear an appeal of a decision of a VICFA Decision Maker.
• “Appellant” means the VICFA Member appealing a decision of a VICFA Decision Maker pursuant to this Appeal Policy
• “VICFA Decision Maker” means the person, panel, entity or body whose decision is being appealed pursuant to this Appeal Policy (which may include, without limitation, the President, the VICFA Executive, a VICFA Commissioner, a Person in Authority, a Decision Maker or a Panel appointed pursuant to the VICFA Disciplinary Policy.

Purpose

VICFA is committed to providing an environment in which all members are treated with respect. Irresponsible behavior by members can result in severe damage to the sport and to the support of the VICFA. Conduct that violates these values may be subject to sanctions pursuant to VICFA Disciplinary Policy. Since sanctions may be applied, it is only fair to provide the VICFA Members with some mechanism to appeal what may appear to be unfair treatment or decision of a VICFA Decision Maker. The purpose of this Appeal Policy is to enable appeals within the VICFA to be dealt with fairly, expeditiously and affordably.

Scope and Application of this Policy

Any VICFA Member who is directly affected by a decision of a VICFA Decision Maker will have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in this Policy. This Policy will not apply to decisions relating to:

• Matters of employment or contract with the VICFA
• Infractions for doping offences
• The rules of football
• Matters relating to the substance, content or establishment of team selection criteria
• Volunteer appointments and the withdrawal or termination of those appointments
• Matters of budgeting or budget implementation
• Matters of operational structure or committees
• Discipline matters and decisions arising during events organized by entities other than VICFA, which are dealt with pursuant to the policies of those other entities or
• Any request for exemptions to the time requirements for launching an appeal, and determinations of “insufficient grounds” for an appeal.

Timing of Appeal

A VICFA Member (an Appellant) who wishes to appeal a decision of a VICFA Decision Maker will have seven (7) days from the date on which the Appellant received notice of the VICFA Decision Maker’s decision, to submit in writing to the President (copying the VICFA Secretary) the following:

• Notice of the Appellant’s intention to appeal
• Grounds for the appeal
• All evidence that supports these grounds
• The remedy or remedies requested, and
• A payment of five hundred dollars ($500), which will be refunded if the appeal is successful.

Any VICFA member wishing to initiate an appeal beyond the seven (7) day period must provide a written request stating reasons for an exemption to the requirement. The decision to allow, or not allow an appeal outside the 7‐day period will be at the sole discretion of the President, and may not be appealed.

Grounds for Appeal

A decision cannot be appealed on its merits alone. An appeal may be heard only if there are appropriate and sufficient grounds for appeal provided by the Appellant. Appropriate and sufficient grounds include the VICFA Decision Maker:

• Made a decision for which it did not have authority or jurisdiction as set out in the Disciplinary Policy or the VICFA’s governing documents
• Made a decision based on a policy that is illegal or contrary to a statutory provision
• Failed to follow procedures as laid out in the bylaws or approved rules or policies of VICFA, or
• Made a decision that was influenced by bias, where bias is defined as a lack of neutrality to such an extent that the VML Decision Maker was unable or failed to consider other views.

Screening of Appeal

Within seven (7) days of receiving the notice and grounds of an appeal and the required fee, the President, will determine whether there are appropriate and sufficient grounds for the appeal to proceed as set out in this Appeal Policy. The President is not to determine if an error has been made but only if the appeal is based on sufficient grounds as set out in Grounds for Appeal of this Appeal Policy.

Insufficient Grounds

If the appeal is denied on the basis of a failure or lack of appropriate and sufficient grounds, the Appellant will be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the President and may not be appealed.

Appeals Panel

If the President is satisfied that there are sufficient grounds for an appeal, the President will establish an Appeals Panel within seven (7) days and the following will apply to the Appeals Panel:

• The Appeals Panel will be comprised of four (4) persons 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
• If the Appeals Panel is comprised of four (4) persons, the Appeals Panel will appoint one person to act as Chairperson of the Appeals Panel. If within three (3) days of the Appeals Panel’s appointment, the Appeals Panel is unable to agree on the appointment of the Chairperson, the President will upon request of any Appeals Panel member appoint the Chairperson

Preliminary Conference

The Appeals Panel may determine that the circumstances of the appeal warrant a preliminary conference. The matters that may be considered at a preliminary conference include:

• Format of the appeal (hearing by documentary evidence, oral hearing or a combination of both)
• Timelines for exchange of documents
• Clarification of issues in dispute
• Clarification of evidence to be presented to the Appeals Panel
• Order and procedure of hearing
• Location of hearing, where the hearing is an oral hearing
• Identification of witnesses
• Remedies sought; and
• Any other procedural matter that may assist in expediting the appeal proceedings.

The Appeals Panel may delegate to its Chairperson the authority to deal with these preliminary matters on behalf of the Appeals Panel.

Procedure for the Hearing

• The Appeals Panel may conduct the hearing by means of documentary review, conference call, video-conference or in person
• Where the Appeals Panel has determined that the appeal will be held by way of oral hearing in person or via conference call or video conference, the Appeals Panel will govern the hearing by such procedures as it deems appropriate, provided that
• The hearing will be held within fourteen (14) days of the Appeals Panel’s appointment, unless otherwise approved by the VICFA Executive
• The Appellant and VICFA Decision Maker will be given seven (7) days’ notice in writing of the date, time and place of the hearing (unless the Appellant and VICFA Decision Maker each consent in writing to waive or reduce the period of notice)
• Decisions will be by majority vote, where the Chairperson carries a vote
• Copies of written documents that any of the parties would like the Appeals Panel to consider will be provided to the Appeals Panel and to all other parties at least 72 hours prior to the hearing
• If the decision of the Appeals Panel may affect another party to the extent that the other party would have recourse to an appeal in their own right under this policy, that party may apply to the Appeals Panel in writing and upon approval from the Appeals Panel will become a party to the appeal in question and in that event will be bound by its outcome
• A representative or advisor may accompany any of the parties
• The Appeals Panel may direct any other person to participate or present evidence in the appeal
• Unless otherwise agreed by the parties, there will be no communication between the Appeals Panel and the parties except in the presence of, or by copy to, the other parties.

Procedure for Documentary Appeal

• Where the Appeals Panel has determined that the appeal will be held by way of documentary submissions, it will govern the appeal by such procedures as it deems appropriate provided that
• All parties are given a reasonable opportunity to provide written submissions to the Appeals Panel, to review written submissions of the other parties, and to provide written rebuttal and argument; and
• The applicable principles and timelines set out in the Procedure for Hearing are respected.

Appeal Decision

Within fourteen (14) days of concluding the appeal (unless otherwise approved by the VICFA Executive upon request by the Appeals Panel), the Appeals Panel will issue its written decision, with reasons. In making its decision, the Appeals Panel will have no greater authority than that of the original VICFA Decision Maker. The Appeals Panel may decide to:

• Reject the appeal and confirm the decision being appealed
• Uphold the appeal and refer the matter back to the initial VICFA Decision Maker for a new decision; or
• Uphold the appeal and vary the decision

The Appeals Panel may determine how costs of the appeal, excluding legal fees and legal disbursements of any of the parties, will be allocated, if at all. The Appeals Panel mayalso decide to refund the appeal fee of $500.00 to the Appellant.

A copy of the decision will be provided to each of the parties and to the VICFA Executive.

In extraordinary circumstances, the Appeals Panel may issue a verbal decision or a summary written decision, with reasons to follow, provided the written decision with reasons is rendered within the timelines specified in this policy.

Timelines

If the circumstances of the dispute are such that this policy will not allow a timely appeal, or if the circumstances of the disputes are such the appeal cannot be concluded within the timelines dictated in this policy, the Appeals Panel may direct that these timelines be revised.