PROCEDURE FOR TRANSFER APPEALS (LOSSA Constitution, Bylaw 3, Section 2)
- All transfer students are ineligible for LOSSA and/or OFSAA competition until cleared by their Association Transfer Appeal Board (LOSSA), or the Federation's Board of Reference - Transfers (OFSAA) under Transfer Policy sections (a), (b), (c), (d), (e) or (f).
- Students not eligible under these criteria may appeal in writing in the following manner:
through their coach to the Association Transfer Appeal Board;
through the Association Transfer Appeal Board to the Federation's Board of Reference - Transfers.
Note: In all sections above, proper documentation must be received by the appropriate group before a decision may be rendered at that level.
- All decisions of the Federation's Board of Reference - Transfers are final.
- The deadline for any appeal of eligibility to the Federation's Board of Reference - Transfers is fifteen (15) days prior to the scheduled dates of the meetings of the Federation's Board of Reference. Such appeals must be accompanied by a $50.00 fee, refundable if the appeal is successful.
- A challenge to the eligibility of a student may be made to the Federation's Board of Reference Transfers by any member of an Association through that Association's representative.
- In the event that a student, deemed ineligible by the Association Transfer Appeal Board, seeks to appeal his or her ineligibility to the Federation's Board of Reference – Transfers (hereinafter referred to as the "Board of Reference") the following procedure shall be followed:
The student, or his or her representative, shall submit, in writing, on the designated form, to the Board of Reference, the grounds of the appeal and the reasons why the student claims to be eligible;
Upon receipt of the application for appeal, the Board of Reference shall notify the student, in writing, of the date, time and place that the appeal is to be heard. The student shall also be advised that he or she may personally attend the hearing of the appeal, along with his or her representative;
the Board of Reference shall send letters, postmarked or delivered, no later than fourteen (14) days before the date of hearing, addressed to the student and principal at the school which the student attends;
at the hearing the student or representative may make whatever submissions, or call whatever witnesses he or she chooses, and which the Board of Reference shall permit in its sole and exclusive discretion;
the Board of Reference shall render its decision, in writing, and in doing so shall state briefly the reason(s) for its decision. The decision of the Board of Reference shall be final and conclusive and there shall be no right of appeal to anybody or court of competent jurisdiction.
- If a student is declared eligible by the Association Appeal Board, and that determination of eligibility is challenged by way of an appeal to the Federation's Board of Reference, the following procedure shall be followed:
The challenge to the eligibility of the student shall be in writing and shall include the reasons for the challenge, and shall refer to the section or sections of the Transfer Policy on which the challenge is based. The challenge shall be directed through the Association Appeal Board Chairperson to the Federation's Board of Reference and shall be received no later than fourteen (14) days prior to the Federation competition in question. This challenge must be accompanied by a $50.00 fee, refundable if challenge is upheld.
Upon receipt of a challenge, the Board of Reference shall notify the student and the student's principal, in writing, of the date, time and place that the appeal will be heard. In conjunction with the aforesaid notification, the Board of Reference shall also include a copy of the challenge as submitted to the Board of Reference;
the Board of Reference shall notify the student and the student's principal of the date, time and place of the appeal, by way of letters postmarked or delivered, no later than fourteen (14) days before the date of the appeal hearing;
at the hearing, the student and/or representative may attend and may call whatever witnesses or make whatever submissions he/she/they choose(s) and the Board of Reference shall permit in its sole and exclusive discretion;
the Board of Reference shall render its decision, in writing, and in so doing shall state briefly the reason(s) for its decision. The decision of the Board of Reference shall be final and conclusive and there shall be no right of appeal to any body or court of competent jurisdiction.
- The procedures as set out in this section shall apply only to vi and vii. In the event that there has been imperfect compliance with the procedures as set out herein, the Board of Reference may, in its sole discretion, waive any failure to comply with the procedures.