Last updated 22/07/2010

Selection Appeals Procedure

The right to appeal

1.1 Any Welsh Rowing registered rower has the right to appeal against a decision made by a team coordinator in respect of the implementation of the Welsh Rowing selection policy in so far as it relates to that rower. In such circumstances the rower shall appeal to the Welsh Rowing Director of International Rowing in accordance with paragraph 1.5 for determination in accordance with this appeals procedure.

1.2 The appeals process can only be used to determine –

1.2.1 Whether the correct procedures have been followed in the implementation of the Welsh Rowing selection policy. 1.2.2 Whether the relevant team coordinator has acted reasonably, fairly and without bias in making a decision. 1.2.3 Whether the rower has been treated fairly in the context of paragraphs 1.2.1 and 1.2.2

The Appeals Procedure of itself has no power of selection.

Prior Consultation

1.3 Rowers wishing to appeal should attempt to consult with the relevant team coordinator, the National Coach, the Welsh Rowing Director of International Rowing and a suitable representative, either separately, collectively or both to establish the reasons for a decision and the possibility of a review of the decision.

1.4 Such consultation is not obligatory but could help to resolve the situation or clarify any misunderstanding before an appeal is formally notified. The consultation is not binding but the failure or refusal of a consultation may be referred to at the appeal.

How to Start an Appeal

1.5 Rowers should start the appeals procedure by notifying the Welsh Rowing Director of International Rowing in writing setting out the full details of the appeal against the decision of the relevant team coordinator. This notice of appeal should be accompanied by any relevant documentation that the rower wishes to rely on.

1.6 The Welsh Rowing Director of International Rowing will supply copies of the notice of appeal to the relevant team coordinator and the National Coach if he/she is not coordinator, who will respond in writing within 5 days or such other time as may be specified by the Welsh Rowing Director of International Rowing, to the Welsh Rowing Director of International Rowing.

1.7 The Welsh Rowing Director of International Rowing shall supply copies of the response to the rower who may make further written responses or request that the Welsh Rowing Director of International Rowing proceed with the appeal.

It is essential that a rower requesting an appeal and the relevant team coordinator in response to the notice of an appeal do not delay as the outcome of an appeal could affect other rowers and the subsequent selection process, thus affecting the outcome of an appeal.

Appointing the Appeal Panel

1.8 Following the request for an appeal, the Welsh Rowing Director of International Rowing will form a panel to hear the appeal as quickly as possible. The panel will comprise three members who have been selected from a list agreed by a rowing representative of the Rhwyfo Cymru and approved by the Welsh Rowing board in November of each year. Those members will be –

1.8.1. A member of the Welsh Rowing Board nominated by the Welsh Rowing Director of International Rowing 1.8.2 An ex- Welsh Rower 1.8.3 An informed independent person who could be from another National Governing Body.

1.9 The panel shall appoint one of its members to chair the appeal. The chairman will have regard to the principle that the panel should be and should seem to be impartial and open-minded.

1.10 The panel will report its findings to the rower, to the relevant team coordinator, to the National Coach if he/she is not the coordinator and to the Welsh Rowing Director of International Rowing within 24 hours of the appeal and to the Welsh Rowing board as soon as is practical after the hearing.

Time and Place of the Appeal

1.11 The Welsh Rowing Director of International Rowing will notify all parties of the time and place of the appeal along with the names of the members of the panel. The Welsh Rowing Director of international Rowing will also circulate the notice of the appeal, the response and the request for an appeal along with any further written responses.

Appeal Hearing Procedure and Decision

1.12 The hearing will be conducted as follows-

1.12.1 The rower will present their case. 1.12.2 The Panel will ask questions. 1.12.3 The relevant coordinator will present their case. 1.12.4 The Panel will ask questions. 1.12.5 Having heard the case either party may ask questions through the Panel chairman. 1.12.6 Each party shall make final submissions with the rower having the right to be heard last. The hearing shall then be terminated. 1.12.7 The Panel will consider the evidence and notify the parties of their decision in writing within 24 hours of the appeal.

1.13 The Panel can call witnesses to seek expert advice where necessary and to hear evidence from persons nominated by the parties. Hearsay will not be permitted.

1.14 The rower may be accompanied or represented at the hearing by a maximum of two people. In the case of a rower who is a minor at the date of the appeal hearing, one of the representatives should be a parent or guardian.

1.15 If there is any unreasonable behaviour during the hearing the Panel chairman may bring the hearing to a close and the Panel will determine the appeal based on the written and verbal submissions at that time.

Panel Recommendations

1.16 In the event of the appeal being upheld the Panel can make recommendations to the relevant team coordinator, the Welsh Rowing National Coach if he/she is not the coordinator and Welsh Rowing Director of International Rowing. The timing of the selection process and the proximity to a Home International Regatta or other relevant event must be taken into account.

1.17 The Welsh Rowing Director of International Rowing will make every effort to implement the recommendations of the Panel.

1.18 The Welsh Rowing Director of International Rowing will provide a written report to the Welsh Rowing board in relation to the implementation or the reasons behind not implementing the recommendations of the Panel. A copy of this report will be sent to relevant parties.

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