CCAA and Algonquin College Mediation Agreement

Cornwall - April 23rd, 2009 – The Canadian Colleges Athletic Association (CCAA) and Algonquin College today announce the results of a mediation agreement, which has set aside the suspension of Algonquin College from participation in the 2009 CCAA Men’s Soccer Championships, in return for a number of conditions.

Following a breach of the Code of Ethics at the 2008 CCAA National Soccer Championships, the Association applied sanctions to Algonquin College.  Within the same process that allows penalties for violations, there is also an appeal procedure, which Algonquin followed to have the decision reviewed. This appeal process allows for a final review by the Sport Dispute Resolution Centre of Canada.  Both the CCAA and Algonquin College cooperated fully in a mediation/arbitration process and through mediation, have agreed to terms that are deemed fair and serve the interests of all parties. 

Specific Terms of the mediation settlement follow.

IN THE MATTER OF THE APPEAL OF
ALGONQUIN COLLEGE OF CERTAIN DECISIONS
Between:

ALGONQUIN COLLEGE OF APPLIED ARTS & TECHNOLOGY

(“Algonquin”)
Claimant
- and –

CANADIAN COLLEGES ATHLETIC ASSOCIATION

(“CCAA”)
Respondent

MEDIATOR: MICHEL G. PICHER

APPEARING FOR THE CLAIMANT:
Hugh Christie - Counsel
Ron Port - Athletic Director
Kwesi Loney - Coach
Jimmy Zito - Coach
       
APPEARING FOR THE RESPONDENT:
Matthew B. Cohen - Counsel
Sandra Murray-MacDonnell - Executive Director
Judy Smith - Vice-President, Governance
The mediation in this matter was held at Ottawa on April 14,
2009.


Minutes of Settlement

Whereas Algonquin has appealed certain decisions (“the Decisions”) of the CCAA arising out of the 2008 National Championship in Men’s Soccer held in Kamloops, British Columbia, (“the “Championship”) and pursuant to the CSDRC Code, and whereas the parties have settled all matters arising out of that Championship and the Decisions, the parties agree as follows:

The Decisions with respect to Algonquin are set aside and replaced with the following:

(i)  Algonquin shall pay a fine of $5,000.00.

(ii)Algonquin shall post a bond in the amount of $5,000.00; returnable at the conclusion of the 2009 National Championships if Algonquin shall have not breached either the Code of Ethics of the CCAA during the National Championships for 2009 or the Ontario Colleges Athletic Association Code of Ethics for the regular season of 2009.

(iii)  Algonquin to issue a letter of regret in the form of attached as exhibit “A”.

(iv) Algonquin shall hold a one hour orientation session with all of its teams in 2009 emphasizing their obligations under the CCAA Code of Ethics.

(v)Should Algonquin materially breach the Code of Ethics of the CCAA at the 2009 National Championship, and subject to the right to have the breach adjudicated by Arbitrator Picher on an expedited basis under the rules of the SDRCC, Algonquin shall be suspended from eligibility to participate in the 2010 CCAA National Championship.

(vi)   Will Beauge shall be suspended from participation in the 2009 National Championships.

(vii)  Edwin Moran and Orhan Akkaya shall serve suspensions of two (2)games each at the commencement of the 2009 regular OCAA season.

(viii)  Algonquin shall appoint as Head of Delegation for the 2009 Men’s Soccer National Championships a senior official acceptable to CCAA;  it being understood that Algonquin shall make its best efforts to name a person(s) from the rank of Dean or Vice-President at Algonquin.

(ix)  Arbitrator Picher, through the SDRCC, is to remain seized of this matter with respect to the implementation of the terms of this agreement, and any adjudication necessary under (v) above.

Signed this day at Ottawa, April 14, 2009.

___”Ron Port” – Athletic Director___
      Algonquin College of Applied
             Arts & Technology
__”Judy Smith” – VP Governance__
     Canadian Colleges Athletic
                Association


Exhibit “A”

Algonquin College and its Men’s Soccer Team regret the behaviour of the
team at the CCAA Soccer National Championship in 2008 in Kamloops,
British Columbia and apologize to the CCAA, the host institution Thompson
River University and the officials, referees and convenors to whom their
behaviour was directed. Algonquin acknowledges that the terms of the
settlement reached between Algonquin and the CCAA April 14 represent a
fair and appropriate sanction in all of the circumstances.

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