2015-16 Season
December 14, 2015
To: Greg Ryan, Athletic Director, University of Alberta Augustana
From: Joel Mrak, ACAC Appeal Panel Chair
Date: December 14, 2015
Re: Appeal Panel Decision – Augustana appeal of the Fine Assessed for Failure to have a Representative in Attendance at the 2015 ACAC Soccer Coaches’ Meeting on Nov. 21/15
CC: Appeal Panel Members – Grace Scott, The King’s University Gregg Meropoulis, NAIT
Case Manager – Mark Kosak, ACAC CEO
ACAC Conference Council
Process
An ACAC Appeal Panel comprised of Conference Council members Grace Scott, Gregg Meropoulis and Chaired by Joel Mrak, met December 10/15 to consider the Appeal filed by University of Alberta Augustana with respect to the $500 fine assessed to Augustana for Failing to have a Representative in Attendance at the ACAC Soccer Coaches’ Meeting at SAIT on November 21/15. The Appeal was previously found to satisfy the Grounds for Appeal by an ACAC Ad Hoc Review Committee of ACAC Executive Committee members Chaired by Francois Fournier (GPRC) along with Bob Murray (Olds College), and Ellery Pullman (Briercrest College) on the basis of the following Grounds for Appeal:
OC Article III, Section 4, 6.1
d. Failing to consider relevant information or taking into account irrelevant information in making the decision;
As per OC Article III, Section 4, 10.1 c), it is the prerogative of the Appeal Panel:
a) To reject the appeal and confirm the decision being appealed; or
b) To uphold the appeal and refer the matter back to the initial decision-maker for a new decision; or
c) To uphold the appeal and vary the decision should it find that an error occurred and such error cannot be corrected by the original decision-maker for reason of lack of clear procedures, lack of time, or lack of neutrality; and
d) To determine whether costs of the appeal, excluding legal fees and legal disbursements of any parties, will be assessed against any party. In assessing costs, the Appeal Panel will take into account the outcome of the appeal, the conduct of the parties and their respective financial resources.
Decision
After listening to a description of the Appeal from Greg Ryan and considering the information presented, the Appeal committee ruled to uphold the appeal and vary the decision since relevant information was not considered in the original decision. The ACAC office is directed to rescind the $500 fine assessed to Augustana and accordingly, the $500 appeal deposit will be refunded.
Rationale
- According to AD Greg Ryan, Augustana Women’s Soccer Coach Paul Stone was expected to attend the ACAC Coaches Meeting at SAIT on Saturday November 21/15. Stone’s father passed away on Thursday November 19/15 and as a result, Mr. Stone was distracted by this unfortunate circumstance and his understandable grief. Mr. Stone informed Ryan on November 21/15 that he simply ‘forgot’ about the meeting. Given that the passing of Mr. Stone occurred within a 48 hour period before the Coaches Meeting and that Stone is an off-campus part-time coach, the Appeal Committee agreed that this was a reasonable explanation for Augustana’s suggestion that attendance at this meeting was not ‘front of mind’ for Stone during a difficult personal crisis. Note: Had that period of time been longer than 48 hours, the Appeal Committee emphasizes that it would have been expected that Stone would inform Augustana AD Greg Ryan that he could not attend the ACAC Coaches meeting and Augustana would have been obliged to assign a replacement representative.
- Augustana’s Men’s Soccer Coach had previously ended his relationship as an Augustana Coach at the end of the 2015 Soccer season so Stone was the only Augustana coach available and scheduled to attend the meeting.
- Any meeting reminder emails and the agenda email from the ACAC Soccer Convenor were only circulated to Soccer Coaches and were not copied to Athletic Directors or other ACAC member institution staff members. Had AD Greg Ryan received these reminder communications or the agenda email circulated on Friday November 20/15, he presumably could have been expected to find a replacement Augustana representative to attend the Soccer Coaches Meeting.
Recommendations
- Convenors need to ensure that any written communications related to ACAC Coaches Meetings must be copied to member institution Athletic Directors in order to ensure that the institution is aware of the meeting information and to remind them of the obligation to have a representative in attendance.
- Member institutions are urged to arrange for both a men’s and women’s coach to attend ACAC Coaches meetings where there are separate teams for each gender. Sending one coach and/or one representative is the minimum obligation but should not be viewed as the preferred option.
- The first item on every Coaches Meeting Agenda (or else in a prominent location near the top of the agenda) should be a note about the obligation for every member institution to have a representative in attendance or be subject to corresponding penalties.
Respectfully submitted,
Joel Mrak, Chair
ACAC Appeal Committee Chair |