2017 CG Selection Criteria

2017 CANADA GAMES SELECTION CRITERIA

Article I. INTRODUCTION Section 1.01 Eligibility All athletes must meet the classification Age Category and the eligibility criteria as stated in the 2017 Canada summer Games Technical package. Please refer to the 2017 Canada Games Technical Package for additional requirements on eligibility http://www.canadagames.ca/content/Sports/2017-technical-packages.asp

All Athletes must be a resident of New Brunswick Athletes must be registered with Swimming/Natation Canada. Male able-body swimmers must be born in 2001- 2004. Female able-body swimmers must be born in 2002 - 2005. Able bodied swimmers must be fully registered with Swimming New Brunswick prior to the qualification event taking place, and must satisfy the criteria established by the Canada Games Council. Please refer to the 2017 Canada Games Technical Package for additional requirements on eligibility. http://www.canadagames.ca/content/Sports/2017-technical-packages.asp

All Special Olympics Canada registered swimmers must be between 13 – 25 years of age as of January 1, 2017 (born between 1992 – 2004).and be fully registered with New Brunswick Special Olympic Association and Swimming New Brunswick prior to the qualification event takes place, and must satisfy the criteria established by the Canada Games Council. . Please refer to the 2017 Canada Games Technical Package for additional requirements on eligibility http://www.canadagames.ca/content/Sports/2017-technical-packages.asp

All Para swimmers (classes S1 – S14) must be between 13 – 25 years of age as of January 1, 2017 (born between 1992 – 2004); and be fully registered with Swimming New Brunswick prior to the qualification event takes place, and must satisfy the criteria established by the Canada Games Council. Please refer to the 2017 Canada Games Technical Package for additional requirements on eligibility http://www.canadagames.ca/content/Sports/2017-technical-packages.asp

Section 1.02 Team Size A maximum team complement of 16 female and 16 male swimmers will be selected. Two of the female team positions and two of the male team positions are reserved exclusively for Para swimmers classified under the IPC Swimming Classification procedure: classes S1 – S10 functional; S11-S13 visual; class S14 Intellectual. Two of the female team positions and two of

the male team positions are reserved exclusively for Special Olympic Canada registered swimmers.

Section 1.03 Swimmer Commitment A 2017 Canada Games Team Contender’s Declaration (Appendix “B”)and the letter of commitment signed by the swimmer , parent coach and club President ( Appendix “C”) must be submitted to the Swimming New Brunswick office no later than May 1 2017. A list of those considered eligible for selection to the Team will be posted to the Swimming New Brunswick website on May 01 2017. All swimmers must also be prepared to provide proof of age if requested at any time.

Article II. SELECTION CRITERIA

Section 2.01 For the able bodied positions All athletes attempting to qualify for the 2017 Canada Games Team must meet published entry standards and meet package requirements for the Swimming New Brunswick Canada Games trials and compete in the "OPEN" category at the Swimming New Brunswick 2017 Canada Games Trials, Saint John NB. Only performances in the open category finals will be considered for selection. Exemptions under Section 2.04.

Only swimmers who are eligible for selection to the Canada Games Team may swim in the finals of the open category at 2017 Canada Games Trials. Only swimmers who meet the age requirement as listed under section 1.01 (Male able-body swimmers must be born in 2001- 2004. Female able-body swimmers must be born in 2002 - 2005) and the eligibility criteria as stated in the 2017 Canada summer Games Technical package may compete in the finals of the ‘OPEN’ category at Swimming NB Canada Games trials.

All other swimmers, including those not eligible for selection to the Canada Games team will swim in the Age group category Finals at the 2017 Canada Games Trials

Results from a sanctioned 2km - 5km open water event from the 2015-2016 or 2016-2017 season is a pre requisite for entry in the 5km Open event at Canada Games Trials. Only able bodied swimmers who meet the Swimming Canada minimum age requirement for open water events of 5000 m or more - Females DOB 2002 or 2003 and Males DOB 2001, 2002 or 2003 may compete in the 5 km open event at Canada Games Trials.

Event winners will be considered for selection, provided that the event winners achieve the published meet entry standard for that event in the final at the Swimming NB Canada Games Trials. The 5km event winner is exempt from the minimum time standard. If there are more than 12 event winners, the 5km event winner will be selected first and the 11 event winners who have achieved the highest FINA points according to the 2017 LC FINA chart will be selected in order of highest points.

In the event that the 11 able bodied team positions have not been filled after the event winners have been considered, all the second place finishers (Not to include the 5Km) will be considered

according to the 2017 LC FINA charts, in order of highest points, provided that the second place event finishers have achieve the published meet entry standard for their event in the final at the Swimming NB Canada Games Trials.

In the event that the 11 able bodied team positions have not been filled after the event winners and second place finishers have been considered, the remaining spots will be filled according to FINA points in order of highest points, using the 2017 LC FINA, provided that the swimmers have achieve the published meet entry standard for their swim in the final at the Swimming NB Canada Games Trials.

Alternates Two male and two female able bodied alternates will be named. To be considered for an alternate position a swimmer must satisfy the same eligibility requirements as listed under sections 1.01 - .03 and 2.01. Alternate positions will be filled according to FINA points in order of next highest points using the 2017 LC FINA points provided that the swimmers have achieved the published meet entry standards for their swim in the final at the Swimming NB Canada Games trials. Event winners will be considered first for the alternate position, then second place finishers, then next highest 2017 LC FINA point regardless of placing.

(a) Tie breaking Where there is a tie in the Swimmer selection process, all other performances by the tied swimmers (excluding the tied performances) at the Selection Competition shall be ranked according to the 2017 LC FINA point Chart. The tie shall be broken by the selection of the Swimmer with the highest ranked other Performance that meets the meet entry standard for that event.

(b) Event entry Selection does not guarantee specific event entry. Individual entries and relay team composition will be determined by the Swimming New Brunswick Canada Games Head Coach with a presumption that any athlete that wins an event at the Canada Games Trials shall swim that event at the Canada Games unless the athlete or Head Coach of the New Brunswick Canada Games Swim Team can provide reasonable cause why such should not be the case. Having been scratched from a Trial’s event final to allow another athlete a better chance to win will not be sufficient to upset the presumption. (See Depiero v. Canadian Diving Association (1985) infra). The swimmer/parent must acknowledge the scratch and the presumption that flows from it by signing a consent form to the scratch.

(c) Amendments and Unforeseen Circumstances In the event of unforeseen or unusual circumstances, as determined by the Swimming New Brunswick Selection Committee, the committee shall have the full discretion to resolve the matter as it sees fit, taking into account factors and circumstances that it deems relevant.

Section 2.02 For the Para positions Para Swimmers must compete in at least two sanctioned competitions between the dates of September 01 2016 and the Canada Games Trials 2017 Eligible swims for first round selection are those achieved in the finals at the 2017 Canada Games Trials. The Para positions will be filled in order of the highest combined point score from three events with only one freestyle event to score. In the event of a tie for the final spot, the swimmer who has the next highest point swim swum during finals at the Trials will be selected. If there is a tie again, then the next highest point swim will be used and so on and so on. In the event that Para spots are not filled at the Canada Games trials, combined point score in order of the highest combined point score from three events with only one freestyle event to score from any sanctioned competition between the dates of September 01 2016 and the Canada Games Trials 2017 will be considered.

One male and one female alternate will be named. . To be considered for an alternate position a swimmer must satisfy the same eligibility requirements as listed under sections 1.01- .03 and 2.02. The para alternate spot will be filled by the next highest combined point score from three events with only one freestyle event to score, first considering swims from the finals at the 2017 Canada Games trials and then from any sanctioned competition between the dates of September 01 2016 and the Canada games trials will be considered.

(a) Tie Breaking In the event of a tie for the final spot, the swimmer who has the next highest point swim swum at any sanctioned competition will be selected. If there is a tie again, then the next highest point swim will be used and so on and so on. (b) Event entry Selection does not guarantee specific event entry. Individual entries and relay team composition will be determined by the Swimming New Brunswick Canada Games Head Coach with a presumption that any athlete that wins an event at the Canada Games Trials shall swim that event at the Canada Games unless the athlete or Head Coach of the New Brunswick Canada Games Swim Team can provide reasonable cause why such should not be the case. Having been scratched from a Trial’s event final to allow another athlete a better chance to win will not be sufficient to upset the presumption. (See Depiero v. Canadian Diving Association (1985) infra). The swimmer/parent must acknowledge the scratch and the presumption that flows from it by signing a consent form to the scratch.

Section 2.03 For the Special Olympic Canada Positions Special Olympic Canada Swimmers must compete in at least two sanctioned competitions between the dates of September 01 2016 and the Canada Games trials 2017. Eligible swims for first round of selection are those achieved in the finals at the 2017 Canada Games Trials. Special Olympic Canada positions will be filled in order of the highest combined point score from, three events with only one freestyle event to score. In the event that Special Olympic positions are not filled at the Canada Games trials, Combined point score in order of the highest combined point score from three events with only one freestyle event to score from any sanctioned competition between September 01 2016 and the Canada Games trials 2017 will be considered.

One male and one female Special Olympic alternate will be named. . To be considered for an alternate position a swimmer must satisfy the same eligibility requirements as listed under sections 1.01 - .03 and 2.03. The Special Olympic alternate spot will be filled by the next highest combined point score from three events with only one freestyle event to score, first considering swims from the finals at the 2017 Canada Games trials and then from any sanctioned competition between the dates of September 01 2016 and the Canada games trials will be considered.

(a) Tie Breaking In the event of a tie for the final spot, the swimmer who has the next highest point swim swum during finals at the Trials will be selected. If there is a tie again, then the next highest point swim will be used and so on and so on. (b) Event entry Selection does not guarantee specific event entry. Individual entries and relay team composition will be determined by the Swimming New Brunswick Canada Games Head Coach with a presumption that any athlete that wins an event at the Canada Games Trials shall swim that event at the Canada Games unless the athlete or Head Coach of the New Brunswick Canada Games Swim Team can provide reasonable cause why such should not be the case. Having been scratched from a Trial’s event final to allow another athlete a better chance to win will not be sufficient to upset the presumption. (See Depiero v. Canadian Diving Association (1985) infra). The swimmer/parent must acknowledge the scratch and the presumption that flows from it by signing a consent form to the scratch.

Section 2.04 Out of Country Swimmers Swimmers who will be out of the country for the purposes of an exchange program and /or post- Secondary Education and who are not able to attend the Canada Games Trials and who otherwise meet all the selection criteria may apply to be exempt from the requirement to attend the Canada Games trial. Application for exemption must be made to the Canada Games Selection Committee by January 1 2017. The technical committee may accept swimmers result from a single Long Course competition to be named by the selection committee, in lieu of the Canada Games Trial results. The replacement competition must be conducted using FINA rules and regulations and sanctioned by a FINA affiliated governing body. The out of country swimmers results will be posted prior to the start of the Canada Games trials. Selection to the Canada Games team will be made according to the selection criteria 2.01 - 2.03 using the replacement competition results.

Article III. DISCIPLINE AND APPEALS Section 3.01 Discipline Team Management shall consist of the team manager and coaches of the New Brunswick Canada Games Team. In the event of an athlete failing to honor his/her commitment or breaking team rules regarding training or conduct, Team Management, with all necessary documented records, shall have the power to discipline the athlete, including dismissing the athlete from the Team. In the event that the athlete is dismissed from the Team, he/she or a parent or guardian will have the right to appeal that decision to the Appeals Committee by written notice delivered to the Swimming New Brunswick Office within one week from the day on which the decision of Team Management is communicated to the athlete. In that event, the Appeals Committee shall render its decision within two weeks from the day the notice is delivered to Swimming New Brunswick Office and its decision shall be final. Section 3.02 Appeals After selections have been announced, if an athlete believes that grounds for appeals exist and wishes to appeal the decision, the athlete or his/her coach must deliver in writing, a formal appeal, by noon on the Friday immediately following the Canada Games Trials, to the Swimming New Brunswick Office, clearly stating the reasons why he/she should have been selected. The decision of the Appeals Committee shall be rendered by the third Friday following the Canada Games Trials, (unless all interested parties agree to any reasonable adjournments) and shall be final. This procedure will also be followed for appeals of selection of alternates to the Team. Swimming New Brunswick Appeals Policy as outlined in Schedule “D”. In the event of a Special Olympics athlete failing to honour his/her commitment or breaking team rules regarding training or conduct, the coach assigned to the Special Olympics athlete, with all necessary documentation shall have to power to make recommendation to NBSO regarding any decision to any disciplinary action that may be necessary. Special Olympic athletes shall abide by the NBSO Code of Conduct, which includes discipline procedures. Any appeals by Special Olympics athletes are to be delivered to the NBSO office and an Appeals Committee appointed by NBSO will render a decision. Para athletes discipline and appeals shall be governed by the same rules as the able bodied athletes. Section 3.03 Committees The members of the Selection Committee and the Appeal Committee shall be named by the

Board of Directors of Swimming New Brunswick.

Article IV. ELIGIBILITY If a discrepancy exists between this document and the 2017 Canada Games Swimming Technical Package , the information in the Technical Package will be deemed to be correct.

Article V. ETHICS The following portion of the Canada Games Criteria is provided as an information supplement. It has been appended to attempt to provide guidance for those charged in any way with the management of athletes who compete in the New Brunswick Canada Games Trials. It is hoped to be especially beneficial to coaches. The Code of Ethics and Conduct of the Canadian Swim Coaches Association (www.csca.org.) contains the following provision: HUMANITY Members should endeavor to respect the right, dignity, and worth of every human being and their ultimate right to self-determination. Specifically, members should endeavor to treat everyone equally, within the context of their activity, regardless of sex, ethnic origin, religion or political persuasion. PERSONAL STANDARDS Members are expected to consistently display high standards and project a favorable image of their sport and of coaching to swimmers, to other coaches, officials, club administrators, spectators, the media, and the general public. An example of the kind of behavior that might result in sanction is found in the case of Depiero v. Canadian Amateur Diving Association (1985). In that case the athlete, Depiero, was competing in a dive competition leading to the Canada Games team selection for Ontario. Another athlete on his team who had already qualified was scratched from the final dive of the competition to allow Depiero a better opportunity to win and be selected. Depiero won and was named to the team. The CADA held that the coach’s conduct violated the rules of fair play and suspended the coach for one year. Depiero was removed from the team on appeal but reinstated at a subsequent appeal to the courts. The coach’s suspension was not reversed. Subsequently, rules were drafted to specifically prevent recurrence of this conduct. It is clear from such cases that other more deliberate conduct, such as counseling an athlete to give less than her or his best effort will be deserving of sanction. In cases where it is shown that an athlete and coach have agreed to give less than the best performance possible in an event not only the coach, but also the athlete may be liable to suspension if it is being done to achieve a predetermined goal of producing an artificial outcome. This would be the case where a less than complete effort by one athlete would likely produce another winner that the coach and athlete agreed was someone who they hoped to win the particular competition.

Appendix B - This form must be submitted by May 1 2017

2017 CANADA GAMES TEAM CONTENDER'S DECLARATION

This form is to be filled out by those swimmers who:

1. Swimmers who meet the classification Age Category and the eligibility criteria as stated in the 2017 Sherbrook Canada summer Games Technical package.

2. Meet the eligibility requirement of Swimming New Brunswick 2017 Canada Games Selection Criteria

3. Intend to compete in "OPEN" category at the Canada Games Trials(this includes the 5km trials) in 2017 or intend to apply for Out of Country swimmer exemption

4. Would like to be considered for the Team Selection.

Swimmer's Name:

Date of Birth:

Club: Sex:

Swimmer's Signature:

Parent's or Guardian's Signature: (if the swimmer is under 18)

Photo Release: I hereby grant to Swimming New Brunswick the right to photograph my dependent while participating at the Canada Games and use the photo and or other digital reproduction of him/her or other reproduction of his/her physical likeness for publication purposes in newspapers, website or newsletter. I recognize, nevertheless, that I can, at any time, ask Swimming New Brunswick to withdraw these consents YES NO Parent/Guardian Signature: ______Date:

All forms must be returned to Swimming New Brunswick Office by May 1 2017. A list of the 2017 Canada Games team contenders will be posted on the Swimming New Brunswick website by May 04 2017

Appendix C - Please read this letter of commitment carefully This form must be signed by the athlete, coach and club President and submitted by May 1 2017

2017 CANADA GAMES TEAM LETTER OF COMMITMENT

As a member of the 2017 Canada Games contenders for Swimming New Brunswick, I agree to the following conditions should I be selected on the 2017 Canada Games Team after the Trials in May:

1. I have read and agree to comply with the Swimming NB code of conduct and I understand that failure to comply with the code of conduct may result in disciplinary action as outlined in the Swimming New Brunswick discipline policy.

2. I agree to submit a signed commitment form from Head club Coach and Club President acknowledging the club and coach responsibility in helping maintain a suitable training schedule for the Canada Games team athletes..

3. I agree to continue to train at the highest applicable level. Once named to the Canada Games Team, the selected swimmers must maintain full time training from time of selection until the games; even if you are the only one from your club that is selected to the team. Expectation is that swimmers maintain their training even if they have to get a workout from their home coach and/or the Canada Games coaching staff and go to public lane swimming. Clubs and club coaches will acknowledge their responsibility to help the Canada Games athlete maintain their full time training.

4. I agree to attend all Canada Games training camps and activities. Athletes are expected to attend all training camps and Canada Games Team activities as outlined by the Canada Games Head Coach but may be excused from attending them in case of illness or injury ( supported by medical certificate), a sudden family emergency or other uncontrollable circumstances. Swimming NB office must be notified by telephone with written confirmation sent by fax or email.

5. I agree to comply with all required Drug Testing and Doping Control

Note: If an athlete does not comply with the NB Provincial team code of conduct and is sent home from an event, the athlete or parent will be responsible for the costs.

Note: If a swimmer takes part in Canada Games Team activities and then wishes to withdraw from the Team, must repay Swimming New Brunswick the amount spent on their individual training activities and supplies.

In the event of an athlete failing to honor his/her commitment or breaking team rules regarding training or conduct, Team Management, with all necessary documented records,

shall have the power to discipline the athlete, including dismissing the athlete from the Team.

Signed: (Swimmer)

Signed: (Parent or Guardian)

Date:

Club and Coach Commitment Recognizing that athletes selected to the Canada Games team must maintain full time training from time of their selection until the Canada Games competition, the selected swimmer’s club and coach recognize their responsibility to the selected swimmer to help the selected swimmer maintain their training schedule. If the club is not able to offer full time training within their club, the club and club coach will help the selected swimmer make alternate arrangements to ensure that full training is maintained. The Club coach will maintain communication with the Canada Games Head coach on the subject of the selected swimmers training schedule.

President of the Club Name

President’s signature

Club Head Coach Name

Club Head Coach Signature

All forms must be returned to Swimming New Brunswick Office by May 1 2017. A list of the 2017 Canada Games team contenders will be posted on the Swimming New Brunswick website by May 04 2017

Please let us know your clothing size for these articles: MS MM ML MXL WXS WS WM WL T shirt Hoodie

Pants/shorts Polyester Training suit size:

Appendix “D”

SWIMMING NEW BRUNSWICK NATATION NOUVEAU-BRUNSWICK CODE OF CONDUCT NOTE: In this policy "member" refers to all categories of members in Swimming New-Brunswick (SNB), as well as to all individuals engaged in activities with or employed by SNB, including, but not limited to, athletes, coaches, officials, volunteers, directors, officers, team managers, team captains, medical and paramedical personnel, administrators and employees (including contract personnel); SNB is committed to providing an environment in which all individuals are treated with respect. Further, SNB supports equal opportunity and prohibits discriminatory practices. Members are expected to conduct themselves at all times in a manner consistent with the values of SNB which include: fairness, integrity, open communication and mutual respect. Irresponsible behaviour by members can do severe damage to the sport of swimming and to the support which all levels of swimmers have worked so hard to achieve. Conduct which violates these values may be subject to sanctions pursuant to SNB’s Discipline Policy. In addition to the above, the following specific behaviours will be subject to sanction pursuant to SNB’s Discipline Policy: 1. not complying with the by-laws, rules, regulations or policies of SNB, as adopted and amended from time to time; 2. verbally or physically abusing opponents, coaches, officials, spectators or sponsors; 3. showing disrespect to officials, including the use of foul language and obscene or offensive gestures; 4. abusing swim facilities or equipment; 5. failing to comply with the conditions of entry of a swim meet including any rules with regard to clothing or advertising; 6. failing to be available to meet reasonable requests for interviews by the media; 7. any other unreasonable conduct which brings the sport of swimming into disrepute, including but not limited to, abusive use of alcohol, non-medical use of drugs, use of alcohol by minors. APPENDIX B Examples of minor infractions: a) a single incident of disrespectful, offensive, abusive, racist or sexist comments or behaviour directed towards others, including but not limited to peers, opponents, athletes, coaches, officials, administrators, spectators and sponsors; b) unsportsmanlike conduct such as angry outbursts or arguing; c) a single incident of being late for or absent from SNB events and activities at which attendance is expected or required; d) non-compliance with the rules and regulations under which SNB events are conducted,whether at the local, provincial, national or international level. Examples of major infractions: a) repeated incidents of disrespectful, offensive, abusive, racist or sexist comments or behaviour directed towards others, including but not limited to peers, opponents, athletes, coaches, officials, administrators, spectators and sponsors; b) repeated unsportsmanlike conduct such as angry outbursts or arguing; c) repeated incidents of being late for or absent from SNB events and activities at which

NOTE: In this policy "member" refers to all categories of members in Swimming New-Brunswick (SNB), as well as to all individuals engaged in activities with or employed by SNB, including, but not limited to, athletes, coaches, officials, volunteers, directors, officers, team managers, team captains, medical and paramedical personnel, administrators and employees (including contract personnel); "Appellant" refers to the member appealing a decision; and "Respondent" refers to the body whose decision is being appealed.

SCOPE OF APPEAL 1. Any member of SNB who is affected by a decision of the Board of Directors, of any Committee of the Board of Directors, or of any body or individual who has been delegated authority to make decisions on behalf of the Board of Directors, shall have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 5 of this policy. Such decisions may include, but are not limited to, carding, employment, contract matters, harassment, selection and discipline. 2. This policy shall not apply to matters relating to the rules of the swimming, which may not be appealed.

TIMING OF APPEAL 3. Members who wish to appeal a decision shall have 21 days from the date on which they received notice of the decision, to submit written notice of their intention to appeal, along with detailed reasons for the appeal, to the President of SNB.

GROUNDS FOR APPEAL 4. A decision cannot be appealed on its merits alone. An appeal may be heard only if there are sufficient grounds for the appeal. Sufficient grounds include 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 bylaws or approved policies of SNB; c) making a decision which 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; d) exercising its discretion for an improper purpose; e) making a decision which was grossly unreasonable.

SCREENING OF APPEAL 5. Within 3 days of receiving the notice of appeal, the President shall decide whether or not the appeal is based on one or more of the categories of possible errors by the respondent as set out in Section 5. The president shall not determine if the error has been made, only if the appeal is based on such an allegation of error by the respondent. In the absence of the President, a member of the Executive shall perform this function. 6. If the appeal is denied on the basis of insufficient grounds, the Appellant shall be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the President, or designate, and may not be appealed.

APPEALS PANEL

7. If the President is satisfied that there are sufficient grounds for an appeal, within 10 days of having received the original notice of appeal he or she shall establish an Appeals Panel (the "Panel") as follows: a) The Panel shall be comprised of three individuals who shall have no significant relationship with the affected parties, shall have had no involvement with the decision being appealed, and shall be free from any other actual or perceived bias or conflict. b) At least one the Panel's members shall be from among the Appellant's peers. c) The Appellant shall be given the opportunity to recommend the peer member on the Panel, provided that member satisfies criteria a) above. d) Should the Appellant not recommend the Panel member as set out in c) above within 5 days, the President shall appoint the peer member of the Panel.

PRELIMINARY CONFERENCE 8. The Panel may determine that the circumstances of the dispute warrant a preliminary conference: a) The matters which may be considered at a preliminary conference include date and location of hearing, time-lines for exchange of documents, format for the appeal, clarification of issues in dispute, any procedural matter, order and procedure of hearing, remedies being sought, identification of witnesses, and any other matter which may assist in expediting the appeal proceedings. b) The Panel may delegate to its Chairperson the authority to deal with these preliminary matters.

PROCEDURE FOR THE APPEAL 9. The Panel shall govern the appeal by such procedures as it deems appropriate, provided that: a) The appeal hearing shall be held within 21 days of the Panel's appointment. b) The Appellant, respondent and affected parties shall be given 14 days written notice of the date, time and place of the appeal hearing. c) The Panel's members shall select from themselves a Chairperson. d) A quorum shall be all three Panel's members. e) Decisions shall be by majority vote, where the Chairperson carries a vote. f) Copies of any written documents which any of the parties would like the Panel to consider shall be provided to the Panel, and to all other parties, at least 5 days in advance of the hearing. g) Any of the parties may be accompanied by a representative or advisor. h) If the matter under appeal relates to team selection, any person potentially affected by the decision of the Panel shall become a party to the appeal. i) The Panel may direct that any other individual participate in the appeal. j) In the event that one of the Panel's members is unable or unwilling to continue with the appeal, the matter will be concluded by the remaining two Panel members.

k) Unless otherwise agreed by the parties, there shall be no communication between Panel members and the parties except in the presence of, or by copy to, the other parties. 10. In order to keep costs to a reasonable level the Panel may conduct the appeal by means of a conference call or video conference.

APPEAL DECISION 11. Within 7 days of concluding the appeal, the Panel shall issue its written decision, with reasons. In making its decision, the Panel shall have no greater authority than that of the original decision-maker. The Panel may decide: a) To void or confirm the decision being appealed; b) To vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision-maker for reasons which include, but are not limited to, lack of clear procedure, lack of time, or lack of neutrality; c) To refer the matter back to the initial decision-maker for a new decision; and d) To determine how costs of the appeal shall be allocated, if at all. 12. A copy of this decision shall be provided to each of the parties and to the President.

TIME-LINES 13. If the circumstances of the dispute are such that this policy will not allow a timely appeal, the Panel may direct that these time-lines be abridged. If the circumstances of the disputes are such the appeal cannot be concluded within the time-lines dictated in this policy, the Panel may direct that these time-lines be extended.

DOCUMENTARY APPEAL 14. Any party to the appeal may request that the Panel conduct the appeal by way of documentary evidence. The Panel may seek agreement from the other parties to proceed in this fashion. If agreement is not forthcoming, the Panel shall decide whether the appeal shall proceed by way of documentary evidence or in-person hearing.

ARBITRATION 15. All differences or disputes shall first be submitted to appeal pursuant to the appeal process set out in this policy. If any party believes the Appeal Panel has made an error such as those described in Section 5 of this Policy, the matter shall be referred to arbitration, such arbitration to be administered under the Sport New Brunswick Provincial Sport Arbitration System for Amateur Sport and its Rules of Arbitration, as amended from time to time. 16. Should a matter be referred to arbitration, all parties to the original appeal shall be parties to the arbitration. 17. The parties to an arbitration shall enter into a formal Arbitration Agreement and the decision of any arbitration shall be final and binding and not subject to any further review by any court of competent jurisdiction or any other body.

LOCATION AND JURISDICTION 18. Any appeal shall take place in Fredericton, unless held by way of telephone conference call or held elsewhere as may be decided by the Panel as a preliminary matter.

19. This policy shall be governed and construed in accordance with the laws of the Province of New Brunswick. No action or legal proceeding shall be commenced against SNB in respect of a dispute, unless SNB has refused or failed to abide by the provisions for appeal and/or arbitration of the dispute, as set out in this policy