Appeal - GMU Hockey - Mills

2013-14 Season

January 13, 2014

To: Ken Schildroth MacEwan University, Nigel Mullan Briercrest College, Francois Fournier ACAC President, ACAC Office
From: Thom Gillespie Olds College, Case Manager

RE: MacEwan University Appeal-Men’s Hockey Suspension, Bryton Mills

The MacEwan University Appeal-Men’s Hockey Suspension and Sanction was heard by an Appeal Panel committee which consisted of chair Terry Ballard AD Medicine Hat College, Avery Harrison AD Lethbridge College and alumni member Aaron Rawlake.

Appeal Decision
The Appeal Panel has decided to uphold the appeal made by MacEwan University.

ACAC Operating Code 10.1 c) To uphold the appeal and vary the decision should it find that an error occurred and such an error cannot be corrected by the original decision-maker for reason of lack of clear procedure, lack of time or lack of neutrality.

The Appeal Panel determined that MacEwan University acted in good faith regarding the initial ruling and suspension of Mr. Bryton Mills, following the suspension period determined by the commissioner. The error in question should not impact the MacEwan team and the individual should complete the full terms of their suspension since the error has been discovered.

The penalty imposed for the subsequent error in ruling by the commissioner should not include forfeiture of the game on October 19th, 2013 between MacEwan University and Briercrest College and the results of the game should remain as played, reversing the forfeit imposed by the commissioner. The remainder suspension of Mr. Bryton Mills must be completed January 17,2014 versus Red Deer College.

Recommendations

1. That coaches work through Athletic Directors clarify suspension rulings with the commissioner to ensure the ACAC operating code is being followed.
2. That ACAC hockey coaches and directors be more acutely aware of the ACAC operating code.
3. That the non-court sport SMT review and clarify the aggressor fighting and instigator fighting segments of the ACAC operating code.    

Sincerely Thom Gillespie
Olds College, Case Manager ACAC

To: Ken Schildroth MacEwan University, Francois Fournier ACAC President, Mark Kosak ACAC Office
From: Thom Gillespie Olds College, Case Manager

Date: January 10, 2014

RE: MacEwan University Appeal-Men’s Hockey Suspension, Bryton Mills

The MacEwan University Appeal-Men’s Hockey Suspension and sanction was reviewed by an AD Hoc evaluation committee which consisted of Francois Fournier ACAC President, Chris Shoults St.Mary’s University Jim Loughlin Medicine Hat College. The Ad Hoc committee determined that the appeal would move forward based upon ACAC Operating Code:

Article III Section 4 – Appeal Policy 6.1 f). Making a decision which was grossly unreasonable.

The appeal will be heard by the Appeal Panel on Monday January 13th, 2014 at 1:30pm via WebEx. The ACAC appeal will be Chair Terry Ballard Medicine Hat College, Avery Harrison Lethbridge College and alumni member Aaron Rawlake.

Sincerely Thom Gillespie
Olds College, Case Manager ACAC

Appeal documentation from GMU...