Background
The purpose of this procedure is the promotion of fairness and safety in sport, by addressing matters of eligibility to participate in a relevant sport in accordance with the Government of Alberta's Fairness and Safety in Sport Act and Fairness and Safety in Sport Regulation.
Definitions
Amateur competitive - means a sport or sport discipline where:
(i) An athlete's primary focus for participation is on development, such as providing competitive experience, skill improvement, and opportunities for active participation; and
(ii) An athlete seeks personal or team excellence, measures performance against others and/or seeks opportunities for advancement.
Applicant - means one of the following individuals who submits a confidential challenge to an athlete's eligibility to participate in a relevant sport:
(i) athlete;
(ii) parent or guardian of an athlete if the athlete is under 18 years of age;
(iii) team manager of athlete; and
(iv) coach of athlete.
Athlete - means a participant registered in a relevant sport.
Birth registration document - means a birth registration document as defined in the Vital Statistics Act or a similar document issued outside of Alberta that contains the following information respecting an athlete:
(i) full name of the athlete;
(ii) date and place where the birth of the athlete occurred; and
the sex of the athlete.
Relevant sport - means an amateur competitive sport or sport discipline governed, regulated, coordinated, promoted or sponsored by the Grasslands School Division.
Sex at birth - means the sex of an individual that appears on the athlete's birth registration document.
Athlete Eligibility
1.1 Students 12 years and older participating in a female-only league, class or division of a sport must be of the female sex at birth.
Confirmation of Athlete Eligibility
2.1 Before an athlete may participate in a relevant sport, an athlete (or their parent or guardian if the athlete is under 18 years of age) must confirm in writing by completing the Grasslands School Division (the Division) Administrative Procedure 904 Appendix A – Athlete Eligibility Declaration Form confirming that they understand and meet the eligibility criteria set out in section 1 of this procedure.
2.2 Failure of an athlete (or their parent or guardian if the athlete is under 18 years of age) to confirm their eligibility in writing will render the athlete ineligible to participate.
Confidential Challenge to Athlete Eligibility
3.1 A confidential challenge may be submitted by an applicant if there are reasonable grounds to believe that an athlete is ineligible under section 1 of this procedure.
3.2 A confidential challenge must be made in writing and sent to the Division.
3.3 A confidential challenge to an athlete's eligibility must include:
(a) the name of the applicant;
(b) the name of the athlete, their club/team and sport; and
(c) information that supports the grounds for the challenge.
Verification of Athlete Eligibility
4.1 Upon receipt of a confidential challenge to an athlete's eligibility under section 1 of this procedure, the Division will confirm receipt and notify the Minister of Tourism and Sport, without personal identifying information, within 3 business days.
4.2 The Division may dismiss the challenge if, in the opinion of the Division reasonable grounds do not exist for the challenge. Upon dismissal of the challenge, the applicant will be notified by the Division and may be subject to sanctions under section 6 of this procedure. The Division will notify the Minister of Tourism and Sport of the dismissal, without personal identifying information, within 30 business days of the challenge.
4.3 If the Division does not dismiss the challenge under section 4(2) of this policy:
(a) the applicant and the athlete whose eligibility is the subject of the challenge will be notified that the challenge is moving forward; and
(b) the athlete's whose eligibility is the subject of the challenge (or their parent or guardian if the athlete is under the age of 18) will be required to provide the Division with a copy of the athlete's birth registration document. The Division will reimburse the athlete for the cost of producing the birth registration document as per the amount listed on the Alberta Government website.
4.4 Failure to provide, within 30 calendar days, the birth registration document as defined in the Vital Statistics Act or similar document issued outside of Alberta to the Division will render the athlete ineligible to participate in a relevant sport.
Resolution
5.1 Once the birth registration document is received, the Division will verify the athlete's eligibility under section 1 of this policy.
5.2 If the challenge is upheld and the athlete is determined to be ineligible, the Division will notify the applicant and athlete whose eligibility has been challenged. The athlete will be permanently ineligible for participation in a female-only league, class or division of a relevant sport.
5.3 If the challenge is dismissed and the athlete is determined to be eligible, the Division will notify the applicant and the athlete whose eligibility has been challenged. The athlete will be permanently eligible for participation in a female-only league, class or division of a relevant sport.
5.4 Upon a determination under section 5.2 or 5.3 of this procedure, the Division will notify the Minister of Tourism and Sport of the decision, without personal identifying information, within 30 business days of the challenge.
Invalid Challenge
6.1 Pursuant to section 4.2 of this policy, the Division may determine that reasonable grounds do not exist for a challenge, including but not limited to where:
(a) The Division has previously resolved a challenge for the same athlete;
(b) Not enough information has been provided to proceed as a valid challenge; or
(c) The challenge is deemed to have been made in bad faith.
6.2 Factors relevant to determining whether a challenge, dismissed under section 4.2 of this policy, was made in bad faith and merits appropriate sanctions for the applicant include, without limitation:
(a) The applicant's prior history;
(b) A pattern of inappropriate behavior or numerous unfounded challenges under this procedure; and
(c) The ages of the athletes involved.
6.3 Sanctions for an applicant may include, without limitation:
(a) A written warning; and
(b) A determination that the applicant has violated the Division's Code of Conduct, where applicable.
Appeals
7.1 The applicant may, within five business days of the decision, appeal in writing to the superintendent, a dismissal of a challenge under section 4.2 of this procedure.
Protection of Personal Information
8.1 All information and data relating to the athlete will be treated as sensitive personal information and will be processed as such in accordance with applicable data protection and privacy laws. Such information and data will not be used for any purpose other than to determine athlete eligibility.
Assistance with this Policy
9.1 The Division is committed to the participation of all athletes in accordance with the athlete eligibility requirements set out in this procedure. Any individuals seeking information on the application of this procedure should contact their school administration for assistance.
9.2 Any individuals seeking information on the application of the Government of Alberta's Act and Regulation may contact the Ministry of Tourism and Sport at SPAR@gov.ab.ca for assistance.
Appendix A – Athlete Eligibility Declaration Form
Background
Every athlete age 12 years and older that registers to play in a female-only amateur competitive league, class or division, (or their parent or guardian if the athlete is a minor under 18 years of age) will be required to confirm in writing that the athlete meets all the eligibility requirements to compete as set out in the Government of Alberta's Fairness and Safety in Sport Act, Fairness and Safety in Sport Regulation and Grasslands School Division's Administrative Procedure 904 Fairness and Safety in Sport.
This form is to be completed and submitted to appropriate school administration prior to participation in any female-only amateur competitive league, class or division sponsored by or operating as part of Grasslands School Division's athletics programs.
Definitions
- Amateur competitive means a sport or sport discipline where:
- an athlete's primary focus for participation is on development, such as providing competitive experience, skill improvement, and opportunities for active participation; and
- an athlete seeks personal or team excellence, measures performance against others and/or seeks opportunities for advancement.
- Athlete means a participant registered in a relevant sport.
Athlete Eligibility
To participate in a female-only league, class or division of a relevant sport, an athlete must be of the female sex at birth.
Declaration of Eligibility
I have read and do understand the athlete eligibility criteria set out in Grasslands School Division's AP 904 Fairness and Safety in Sport and confirm that my child meets the eligibility criteria to participate.
_____________________________ _____________________________ Name of Student (print) Name of Parent (print)
_____________________________ _____________________________ Signature of Independent Student or Student if 18 Signature of Parent
Date: ____________________________