7 - Protests

3.07.01    Purpose 

Any registered participant or member of Hockey Saskatchewan shall have the right to Protest to Hockey Saskatchewan any dispute, difference or question arising from a decision by Hockey Saskatchewan or any member where the Regulation or Playing Rule under which such decision was made grants such a right of protest. The Protest process is not intended as a second look or opinion on previously presented evidence.

3.07.02    Structure

Protests will be screened by the Hockey Saskatchewan Board Chair or their designate, and Protest reviews will be conducted by an independent committee.

3.07.03

a)    The following decisions may be protested to Hockey Saskatchewan:

i)    The decision that is in conflict with the Articles, Bylaws, Rules, Regulations and/or Policies of a Member Association/ League, Hockey Saskatchewan or Hockey Canada that may have had a material impact on the decision rendered.

ii)    The party making the decision committed a material procedural error that may have had a material impact on the decision rendered.

iii)    The party making the decision did not have the authority or jurisdiction to make the decision.

iv)    All relative Protest (appeal) processes (ex: League, Minor Association), if any, have first been exhausted prior to protesting to Hockey Saskatchewan.

b)    The following decisions may not be protested unless the decision itself is contrary to Hockey Canada or Hockey Saskatchewan regulations:

i)    Any decision by a Member Association or League as to the outcome of any game or games, unless there was a misapplication of a Hockey Canada or Hockey Saskatchewan Regulation or required procedure.

ii)    Decisions made by Referees siding on matters of dispute within a game where their judgment and decision is final in accordance with Hockey Canada Playing Rules.

iii)    Any decision of the Hockey Saskatchewan Registration Committee.

iv)    Any decision where a Hockey Saskatchewan Minimum Suspension Guideline was levied.

3.07.04    Protest Application Procedure

a)      An Protest must be received by Hockey Saskatchewan via online application on the Hockey Saskatchewan website no later than thirty (30) days from the date the decision being protested was sent to the person protesting.  The Application fee of $500 must be received with the online submission.

b)     The Board Chair of Hockey Saskatchewan or their designate will screen the material submitted by the person protesting and determine if the application satisfies Hockey Saskatchewan regulation 3.07.03 a) and shall render a decision to proceed to a review or to decline the Protest application.

If a Protest application is accepted, it will be forwarded to the Protest Committee to proceed with the review process.

If the decision is to proceed to a review, the review will be completed no less than seven (7) days and no later than fourteen (14) days from Hockey Saskatchewan accepting the protest application.

If the Application does not qualify for a review, the application fee (less a $50.00 administration fee) will be refunded and a written decision and rationale for the decision will be provided by the Hockey Saskatchewan Protest Committee Chairperson through the Hockey Saskatchewan office.

3.07.05    Protocol

a)    The Presiding Protest Committee shall at all times ensure for all Protests:

i)    Process followed was thorough and objective.

ii)    Decision rendered was reasonable and logical.

iii)    Resulting Sanction(s) was/were appropriate.

b)    The Protest review will be conducted as follows:

Protest Reviews conducted by the Hockey Saskatchewan Protest Committee may take on many forms and will include one or more of the following aspects:

i)  The Chairperson of the Protest Committee may request additionial information or clarification from any person or entity involved.  This is typically requested & received via written communication but may also include an in-person or virtual meeting.

ii)  Involvement of any person(s) other than the Protest Committee is at the sole discretion of the Committee Chairperson.

iii)  The review process will not include a secondary investigation of the matter being protested but rather will ensure that the initial investigation and application of regulations was completed to the minimum standard.

iv)  Once all information has been presented and considered, the Protest Committee will render a decision within seven (7) to fourteen (14) days.

v)  The Protest Committee Chairperson will notify the General Manager & Board Chair of the Committee's decision.  The General Manager or Chair of the Board will notify the protest applicant and appropriate parties.

3.07.06    Any individual under sanction (ex: suspended) who files an application for protest remains under sanction (ex: not eligible to participate in games) until such time as the protest process is completed.

3.07.07    The decision of the Protest Committee shall be final and binding for all parties concerned.  The final decision shall be placed in writing with the copies given to the person(s) making the protest and to the General Manager of Hockey Saskatchewan.

 

RETURN TO GOVERNANCE