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APPEALS
POLICY & 
PROCEDURES

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9 LEARNING 9 Dinghy Instructor Courses 9 Revalidation Course Appeal Policy

Revalidation Course Assessment Appeals Policy & Procedures

This policy describes the procedure by which an Instructor undertaking an HKSF Revalidation Course may appeal an unfavourable assessment of his/her teaching abilities as awarded by the supervising HKSF Course Coach.

A Coach’s assessment is only subject to the appeal procedure if:

There was a clerical/administrative error in the assessment and/or in its documentation;·The assigned assessment was based on factors other than the Instructor’s performance on the Course and/or completion of Course requirements; or ·the assessment of the Instructor was based on any assignment in conditions of more demanding standards than other Instructors on the same Course.

The burden of proof of any of these three conditions rests wholly on the appellant Instructor.

There are four possible processes in this appeal procedure:

  1. Instructor consults with Course Coach before filing Appeal Form
  2. Instructor files an Appeal Form with HKSF Secretary General
  3. Instructor meets with the Secretary General or with both the Secretary General and Course Coach
  4. Secretary General seeks the HKSF Officers to appoint an independent appeal review committee.

1. Instructor consults with Course Coach before filing Appeal Form

In the event that an Instructor disagrees with the assessment received on a course, the Instructor must discuss the basis for the assessment with the Course Coach. This requirement allows clerical/administrative errors that are discovered to be corrected by the Coach by means of the Change of Assessment Form without the necessity of filing an appeal. If the assessment is still in dispute after consultation, then the instructor may complete the Assessment Appeal Form. This consultation step can be skipped only if the Coach is unavailable or fails to respond within 7 working days.

2. Instructor Files an Appeal Form with HKSF Secretary General

If after consulting the Course Coach the Instructor still feels the assessment meets one of the three bulleted criteria above, and/or the Instructor was unable to consult with the Coach, the Instructor may complete an Appeal Form and file it with the HKSF Secretary General. The Appeal Form must be filed no later than 7 working days after the failed consultation meeting or after the expiry of the period allowed for the Coach to respond.

3. Instructor Meets with the Secretary General alone or with the Course Coach

The Secretary General has a total of 30 working days after receipt of the Appeal Form to request a written response from the Coach, contact and meet with the Instructor (or the Instructor and the Coach) to attempt to facilitate a resolution, and then provide a written summary of the results of the process. The recommended schedule is as follows:

· Within 5 working days of the receipt of the Appeal form, the Secretary General will contact the Coach and the Instructor to begin investigation of the situation.

· The Secretary General requests a written response from the Coach.

· The Coach has 5 working days to provide a written response to the Secretary General concerning the appeal.

· The Secretary General will arrange a meeting with the Instructor within 5 working days of receiving the written response from the Coach.

· The Secretary General will complete the written summary of the results of that meeting within 5 working days of meeting with the Instructor and Instructor and Coach.

If the Secretary General is able to facilitate an agreement between the Instructor and the Coach on the final assessment within 30 working days after the receipt of the Appeal Form, the agreed-upon assessment is considered final. If this is different from the original assessment assigned by the Coach, a Change of Assessment form must be filed by the Coach.

4. HKSF Officers Appoint an Appeal Review Panel

If the HKSF is unable to reach a resolution with the Instructor within 30 working days (after actions mentioned in (3) above failed to have conclusive results) the HKSF Officers will be requested to appoint an Appeal Review Panel and forward the Appeal Form, along with the Coach’s response, to the appointed Panel.

The Panel will consist of the following three members:

· one Council Member,

· one member from a local yacht club, and

· a chairperson appointed from within or outside the HKSF Council.

While the Course Coach and the Instructor may comment on the composition of the Panel within 2 working days of its appointment, if they have any objection to the composition, they must provide a justification. The final decision on the Panel’s composition rests with the HKSF Officers.

The principals (i.e., the Instructor and the Course Coach) may not be represented by counsel. The hearing of the appeal by the Panel is a closed meeting to be attended only by the Appeal Review Panel, and, if the Panel sees fit, the Instructorand/or the Coach. The Instructor or the Coach may waive his or her right to attend.

The Appeal Review Panel may request additional materials from the Instructor or Coach within 10 working days of the appointment of the Panel, and these materials shall be provided within 5 additional working days.

The Appeal Review Panel will convene no later than 20 working days after it is appointed and receives the appeal materials, and will make a recommendation on the assessment within 5 more working days.

The decision of the Appeal Review Panel is determined by vote and a majority decision rules. The decision does not have to be unanimous. This decisionis not subject to appeal. The HKSF Officers, the Panel chairperson, Coach and Instructor will be notified of the decision, and in case the decision involves a change from the original assessment, the Secretary General will be notified. A Change of Assessment form will be filed by the chairperson if the Panel recommends a change of assessment.

Either the Panel chairperson (if a Council member) or the Secretary General will report the outcome of the Instructor’s appeal to the next monthly meeting of the HKSF Council.