Appeal: The Eligibility of University of Lethbridge and Alberta College of Art and Design Students |
(
Appeal Ruling
) |
2010-11 Season November 25, 2010
RE: APPEAL OF COMMISSIONER’S RULING REGARDING THE ELIGIBILITY OF UNIVERSITY OF LETHBRIDGE AND ALBERTA COLLEGE OF ART AND DESIGN STUDENTS The Appeal Tribunal formed to consider this matter met on Wednesday November 24th, 2010. The Case Manager, Wade Kolmel, determined the format for the hearing which was a combination of written submissions from the appellant (SAIT), and the respondent (the ACAC), and an oral hearing by telephone. With respect to the initial task of the Appeal Committee, (Article III, Section 4), the Appeal Tribunal found that there are indeed grounds for the appeal to be considered under ACAC Operating Article III, Section 4, Item 7.4 – ‘failing to consider relevant information or taking into account irrelevant information in the making the decision. In reaching a final decision for action, the Appeal Tribunal recognized that SAIT has regularly disclosed the participation of ACAD and the U of L student athletes on the SAIT campus in their athletic programs and ACAC eligibility forms. The ACAC conference has always had to rely on its Athletic Directors and institutions Registrars that their students comply with ACAC eligibility criteria before including those student-athletes on Eligibility Lists. The ACAC office simply does not have the manpower to examine and investigate the details of each program contained on Eligibility Lists. The variety of delivery methods and partnering between institutions to meet the academic needs of students continues to change and evolve. It became very clear to the Appeal Tribunal members that the ACAC Operating Code needs to be revised to clearly define the conditions of eligibility for athletic participation. The Appeal Tribunal, by majority decision, has determined to uphold the appeal brought forward by SAIT which is permitted under ACAC Operating Code Article III Section 4, Item 13.3. As such, the student-athletes listed on SAIT 2010-2011 Eligibility Lists, identified by program ACAD or U of L remain eligible. Consistent with this decision all SAIT student-athletes, similarly identified by program on Eligibility Lists between 1985 and 2010 remain similarly to have been considered eligible. Respectfully, Appeal Tribunal Membership: c. Wade Kolmel, Case Manager – Keyano College |