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Appeals

PGA of Canada Safe Sport Appeals Policy 

Purpose
This Policy is to make available procedures by which disputes may be addressed openly, promptly, and fairly. PGA of Canada Professionals, Apprentices, Applicants, or Participants in the PGA of Canada’s programs, events, and activities, who may be affected by decisions of the PGA of Canada.

Scope
This Policy applies to decisions made by the PGA of Canada, the PGA of Canada’s Independent Third Party (ITP), by committees of the PGA of Canada, and by individuals who are delegated authority to make decisions on behalf of the PGA of Canada. For further clarity, this section will apply to all decisions of the PGA of Canada that relate to Maltreatment and Code of Professional Conduct violations. 

All other decisions would fall under the PGA of Canada’s Appeals Policy -click here.  

Process 
The Independent Third Party will administer appeals under this policy.

The ITP has an overall responsibility to ensure procedural fairness and timeliness are always respected in the appeals process and more particularly, has a responsibility to:

a)    Receive appeals;
b)    Determine if appeals lie within the jurisdiction of this Policy;
c)    Determine if appeals are brought within 14 days of the decision;
d)    Determine if appeals are brought on permissible procedural grounds;
e)    Inform the Appeal Panel (and Chair) to hear and decide appeals;
f)    Determine the format of the appeal hearing;
g)    Provide administrative assistance and logistical support to the Appeal Panel as required, and
h)    Provide any other service or support that may be necessary to ensure a fair and timely appeal proceeding.

If the Independent Third Party is unable or unwilling to serve as Administrator, an alternate Administrator will be designated by the Chief Executive Officer.

Persons who wish to appeal under this policy will submit written notice to the ITP indicating their intention to appeal, the reasons and grounds for the appeal, a summary of evidence to support the appeal, and the remedy requested. This notice must be submitted within 14 days of notification of the PGA of Canada’s decision that is being appealed. 
 
Decisions may only be appealed on procedural grounds, which are limited to:
a)    Failing to follow procedures as set out in the PGA Discipline Procedures;
b)    Making a decision which was influenced by bias;
c)    Exercising discretion for an improper purpose;
d)    Making a decision which was grossly unreasonable; 
 
If the Independent Third Party is satisfied that the appeal may proceed, then a Hearing, either documentary or oral, as determined by the Appeal Panel, will take place. The Independent Third Party will appoint an Appeal Panel of one individual to hear and decide the appeal, and in extraordinary circumstances three individuals to hear and decide the appeal. The member(s) of the Appeal Panel will have had no involvement in the matter that is under appeal and will have no connection or relationship with the parties involved in the appeal.
 
The Hearing will be governed by the procedures and timeliness that the Appeal Panel deem appropriate in the circumstances. The Appeal Panel will have authority to rule in the event of any dispute about procedure, timeliness, format of the appeal, disclosure of documents and participation of witnesses and other persons in the hearing.
 
After the Hearing, the Appeal Panel will issue a written decision with reasons. The Appeal Panel may decide:

a.    To reject the appeal and confirm the decision being appealed, or
b.    To uphold the appeal, identify the error and refer the matter back to the ITP and PGA of Canada for a new decision, or
c.    To uphold the appeal and vary the decision 

Where time is of the essence, the Appeal Panel may issue a verbal decision, or a summary written decision, with reasons to follow. Decisions will be rendered within 21 days of the appeal being accepted by the Independent Third Party. The Appeal Panel has the authority to adjust (reduce or extend) the deadline if required and when this occurs the parties will be notified of the adjusted timeline.
 
The appeal process is confidential involving only the parties, the Independent Third Party, and the Appeal Panel. Once initiated and until a written decision is released from the Appeal Panel to the parties involved, the parties will not disclose confidential information relating to the appeal to any person not involved in the proceedings. 
 
Decisions of the Independent Third Party and the decision of the Appeal Panel rendered under will be final and binding upon the parties and upon the PGA of Canada, subject only to any review that may be permitted under the rules of the Sport Dispute Resolution Centre of Canada.