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Section 2. A school team shall consist entirely of eligible players who are
students of the school and are under the authority of that school's
principal. (Exception - see Section 5 of Article 2 of NBIAA By-laws)

Section 3. A team must compete in all conference / regional or provincial
obligations and commitments. Failure to do this will result in a maximum fine up to $200 and a possible suspension from participation in that activity in the succeeding season.

In Group A * activities individuals who fail to compete in all conference / regional or provincial obligations may be suspended from participating for that school year and the next year (for that sport only) and the school may be fined $200. *Badminton, cheerleading, cross-country, curling, golf, swimming, wrestling and track & field.

Section 4. Compulsory play in provincial leagues shall be prohibited. The
criteria for advancement to provincial championship events in all sanctioned activities shall be restricted to conference and regional (if required) leagues and tournaments.

Section 5. The use of an ineligible player(s) shall cause the team concerned to forfeit all games and all points won in those games in which
the player(s) participated. The Executive Committee may levy such additional penalties as it deems are warranted.

Section 6. High schools which repeatedly violate the Constitution and By-
Laws of the Association shall be suspended from membership in the Association on a majority vote of the Executive Committee.

Section 7. The full membership (all teams) shall be enrolled in a universal
general accident insurance and a commercial general liability package, whereby, each individual team member is covered by the school, to be submitted with the team personnel registration form. All NBIAA insurance will be terminated once that sports season is completed.

Article 2 - Player Eligibility

Section 1. A player must be a student enrolled in a public or private high school in New Brunswick, which has become a member of the NBIAA and must be in regular attendance during the school year in which he/she wishes to compete as certified by the school Principal.

Section 2. A player is ineligible:
a) if five (5) years has elapsed since entry into Grade 9.
b) if he/she has been declared ineligible by his/her Principal.
c) if he/she has graduated from high school. (or the end of the school year in which he/she attains the age of 21 - Education Act).

Section 3. Transfer student eligibility:
a.) if a student changes schools after September 15th, he/she will be ineligible for a period of forty-five (45) school days. (This does not apply if the parents made a change of residence to a different community or school jurisdiction). The intent of this regulation is to prevent recruiting and the transfer of students for athletic purposes.
Note: If a student's parents have made a change of residence after the players' list deadline date, such student shall be allowed to play for a NBIAA member school providing that the Executive Director is notified in writing at least two weeks before a Provincial Event.
b.) if a student changes schools as the result of a move from the residence of one parent to the residence of the other (where a student's parents are living apart during the school year, eligibility is conditional:
(i) if the student participated in a NBIAA activity prior to transferring, he/she is ineligible for a period of forty-five (45) school days. (Extenuating circumstances may be given consideration.)
(ii) if the student did not participate in a NBIAA activity before transferring, eligibility begins immediately.

Section 4. A student must carry a full complement of regular/credit courses
during the first four(4) years of eligibility(Grades 9-12). A fifth year student is required to enroll in the courses needed to fulfill graduation requirements.

Section 5. If it is necessary for a student-athlete to travel each day to
another school either for a single semester or one full school year in order to take courses not offered at their high school, they may retain their eligibility to play for their own community based school. This would apply to Class A schools only.

Article 3 - Sportsmanship

Section 1. This Association shall strive for the highest degree of
sportsmanship among its member schools.

Section 2. A student may be declared ineligible for interscholastic competition by the Executive Committee for conduct unbecoming of a good sportsman.

Section 3. Ordinary infractions are penalized according to the rulebook of a
given sport while extra-ordinary misconduct will require a review of the case for consideration of additional penalties.

Section 4. Verbal abuse and trash talking shall not be tolerated.

Section 5. The minimum penalty for fighting during a NBIAA activity shall
be immediate disqualification from the ongoing competition (game/event) and suspension from the next scheduled competition (game/event).

Article 4 - Competition with Non-Members

Section 1. No member school shall compete in activities with non-member schools unless the contest has been sanctioned by the NBIAA.

Section 2. No student or team from member schools shall compete in
interprovincial or international competition unless the contest has been sanctioned by all participating provincial and/or state organizations.

Section 3. No student or team from member schools shall compete in any
tournament or exhibition play unless:
(a.) the contest has been sanctioned by the Association: or
(b.) in accordance with these by-laws the contest does notrequire written sanction.

Section 4. Tournaments hosted by member schools and involving only New
Brunswick teams and players from member schools do not require written sanction.

Section 5. All tournaments and exhibition play involving teams or players
from out of province schools must obtain written sanction from the NBIAA.

Section 6. Applications by member schools for tournaments or exhibition
games with teams within the 'Region" (Maritime Provinces and Maine) must be made in writing (NBIAA sanction forms) to the Executive Director at least two (2) weeks prior to the event. Applications by member schools for tournaments or exhibition games with teams outside the "Region" must be made in writing to the Executive Director at least four (4) weeks prior to
the event.

Section 7. Non-member organizations must apply to the NBIAA for
sanction of competition involving teams or players of member schools. A member school must act as a co-sponsor with the non-member organization.

Section 8. Application for sanction by a non member organization must
indicate the site, teams to be invited, schedule of games and the type of awards to be presented.

Section 9. All tournaments to be sanctioned must meet all tournament
requirements as set out in the by-laws.

Section 10. The NBIAA will sanction International Athletic Competition if
the conditions of competition as outlined on the International Application Sanction Form are met.

Section 11.
(a.) All teams from member schools which are invited to interprovincial or non-member tournaments will be sent notification of the sanction once it has been granted by the Executive Director.
(b.) If a sanction is not received, the onus of checking for approval is on the team, an invitation should not be accepted until sanction has been received.

Section 12. Not withstanding anything above, Canadian border area schools may compete with out of province teams within a 100 km radius
of the school concerned. Beyond this radius permission must be
obtained from the Executive Director.

Section 13. Any member school violating the provisions of this article may
be fined up to $1000 and the Executive Committee may levy additional penalties as it deems are warranted.

Section 14. Any student participating in an unsanctioned interprovincial or
international competition will be declared ineligible from further interscholastic competition in that season and the following season.

Article 5 - Classification of Schools

The Executive Committee shall classify schools for competition; such classification to be based on total school population - Grades 9-12 inclusive (based on a grade average of the previous three(3) years).
Class A Schools - Lower 40% of member schools
Class AA Schools - Middle 30% of member schools
Class AAA Schools - Upper 30% of member schools
Each "classification period" shall be three years duration; with a review of the same after the second year.

Notes:
1. Where there is a significant increase or decrease in enrollment during a "classification period", a school may be reclassified upon such a change in enrollment.
2. A school may register one (1) team only in a division leading to a provincial championship.
3. Schools with students of one sex only shall have their enrollment doubled for classification purposes.

Article 6 - Divisions of Play

The Executive Committee may sanction competition at the championship level in two divisions by grades, and one exhibition division, namely;
For schools in Class A
Junior Division - Students in grade 9 and under
Senior Division - Students primarily in grades 9 to 12
For all schools in Class AAA and AA
Junior - Students in grades 8, 9 and 10 (only)
Senior - Students in grade 9 to 12
Exhibition - Students in grade 9 to 12. This category will not compete for a Provincial Championship.

Eligibility Appeals:

Students not selected for teams or declared not eligible for participation in extra-curricular sport activities, may appeal by following the school and the district procedures and policies.

Article 7 - Calendar Sports

Criteria for the dropping or adopting of a calendar sport:
a) There must be at least six (6) schools registered in order for an activity to be sanctioned for a Provincial Championship. If there are less than six
(6) registered in an activity for a period of two (2) successive years, that
activity will be cancelled as a calendar event.
b) In classification activities if the number of registered schools is less than
six(6) then those schools must compete in a higher operational classification.
c) New activities to be sanctioned by the NBIAA shall be adopted according to the following procedures:
i.) The safety of the student-athlete must be the highest priority in establishing an activity.
ii) The activity must be proposed in writing by a member school not less then thirty (30) days in advance of the Annual General Meeting.
iii.) The activity must have at least six (6) member schools willing to participate on a trial basis.
iv.) The activity must be covered under the NBIAA existing insurance policies.
v.) The Executive Committee will place the activity in a 'season of play'.
vi.) The participating member schools will operate the activity by a committee within.
vii.) A detailed report must be submitted to the Executive Committee for
review.
viii.) On review the Executive Committee can allow the activity to proceed to a second year on a trial basis or it can delete the activity.
ix.) After the second year on a trial basis the Executive Committee will
make the final decision to add or not to add the proposed activity.

Article 8 - Officials

Section 1.
Certified official must be used for all conference, regional and provincial competitions and an official association must exist for every sanctioned activity.

Section 2.
Top level certified officials must be given first consideration for provincial playoffs, tournaments and meets.

Section 3.
Whenever possible, neutral certified officials shall be secured to officiate competitions.

Section 4.
"Officials' Associations" will not be compensated for costs associated with assignment of officials for any of the association's activities.

Article 9 - Recommendations

Section 1.
Coaches. The Association recommends that every effort shall be made to have all coaches of high school teams selected from members of the faculties of the various schools concerned. All teams should be coaches / supervised by a school official or an approved adult sanctioned by the Principal of the school. It is highly recommended that the coach should have at least a Level 1 NCCP certification.

Section 2.
Traveling Teams. The Association recommends that every high school team, while traveling, shall be accompanied by a member of the faculty of the school.

Section 3.
Rules. The Association recommends that a copy of NBIAA eligibility regulations be posted in each school.

Section 4.
Health examination. The Association recommends a thorough medical examination for each student prior to participation on an inter-scholastic team.

Article 10 - Activities and Championships

Section 1.
The organization of the local league and exhibition games shall be the responsibility of the conference concerned, within the framework of the constitution.

Section 2.
Regional and Provincial playoff schedules shall be arranged by the Executive Committee.

Section 3.
Officials for league games shall be chosen to the mutual satisfaction of the competing teams or appointed by the zone officials' organization. In playoff games, if the competing teams cannot agree upon officials, the officials shall be appointed by the Executive Committee providing the Executive Director is notified forty-eight hours prior to the game. Official for all Provincial competitions shall be appointed by the Executive Committee or by its designates.

Section 4.
The official rules for each NBIAA sponsored activity shall be those sanctioned by the Sports Governing Body for that activity. These rules shall be followed with the exception of such modifications as are outlined in the Operating Regulations pertaining to each sponsored activity.

Section 5.
The individual charged with coordinating a regional or provincial championship shall be responsible for providing all involved schools and the Executive Director with a detailed report of the event. Failure to comply shall warrant a fine.

Article 11 - Protests

Section 1. No individual protests shall be recognized by the Conference or
Executive Committee of the N.B.I.A.A.

Section 2. All protests of activities involving intra-conference
competition shall be resolved by the Executive Committee of that
Conference.

Section 3. All protests of activities involving regional competition shall be resolved by committee A or if necessary, Committee B. Composition of committees:
A - three (3) Executive Committee representatives selected from the region not in conflict. Representatives in the same classification as a contesting school shall not be eligible for selection.
B - in the event that the Executive Committee has previously rendered a decision on a matter being protested, the protest shall be resolved by a committee consisting of three (3) Conference Presidents.

Section 4. All protests of activities involving provincial competition shall be resolved as outlined in section 3. (Exception: The Executive Committee may delegate authority to a Tournament Committee to resolve issues associated with a provincial tournament).

Section 5. A statement signifying intention to protest (which may be made
by telephone or fax) must be received by the appropriate authority within forty-eight (48) hours of the event in question. A letter fully outlining the details of the protest must be received within seven (7) calendar days following the incident in question. All such communication must be over the signature of the school Principal or acting Principal.

Section 6. A decision rendered by the third level of authority as established
in Section 3B above is final.

Section 7. All protests under Section 2 shall be accompanied by a fee fixed at the Conference level. Protests under Sections 3 and 4 shall be accompanied by a fee of $250.00. If the protest is upheld, the fee shall be returned and the offending school may be required to pay a fine of up to $250.00. Failure to pay the fine will disqualify the school from all N.B.I.A.A. activities until the fine is paid.

Article 12 - Appeal of Executive Director's Decision

Section 1. The member school may appeal the decision of the Executive Director to a NBIAA Executive Committee (consisting of three members) by filing a written Notice of Appeal with the Executive Committee within thirty (30) clear days from the date of the Executive Director's decision

Section 2. The Notice of Appeal shall:
a) clearly set out the bylaw and/policy at issue;
b) clearly and concisely state the grounds upon which the applicant requests an interpretation of, or an exemption from, the bylaw and/or policy at issue;
c) clearly and concisely state the grounds upon which the applicant member appeals the decision of the NBIAA;
d) specify whether the applicant member school wishes to proceed by fax appeal, by special conference call meeting, by special Executive Committee meeting, or at the next regularly scheduled meeting of the Executive Committee;
e) identify all documentation that will be presented in support of the appeal;
f) be signed by the school principal or administrator of the applicant member; and
g) be sent in copy form by the Executive Director to the secretary of the Conference in which the matter in issue originated.

Section 3. Upon receipt of the Notice of Appeal in compliance with sections 1 and 2 of this section, the Executive Committee shall hear the member's appeal.

Section 4. During the course of the appeal, the Executive Committee may consider materials not previously considered by the Conference Executive and/or the Executive Director.

Section 5. In the event that the applicant member wishes to proceed by special conference call meeting, the applicant member shall be responsible to pay the entire cost of the telephone conference call, and shall pay to the NBIAA a deposit in the amount of $250.00 to be applied to the cost of the telephone conference call. In the event that the cost of the telephone conference call exceeds the amount of the deposit, the applicant member shall forthwith upon demand made to him or her by the NBIAA, pay funds sufficient to make up the difference. In the event that the applicant member fails to pay the said deposit to the NBIAA or fails to reimburse the NBIAA for the actual cost of the conference call as aforesaid, the appeal shall be dismissed unless the applicant member before proceeding with the conference call meeting, elects to proceed by fax appeal, or the next regularly scheduled meeting of the Executive Committee as scheduled and files written notice of that intention with the Executive Committee within thirty (30) clear days from the date of the Executive Director's decision.

Section 6. Before issuing a decision, the Executive Committee shall consider:
a) all written materials submitted by the applicant member;
b) the written decision of the Executive Director;
c) any other written materials or documents that the Executive Committee deems relevant;
d) the NBIAA policy and/or bylaw at issue, or any other NBIAA bylaw and/or policy and the Executive Committee deems relevant;
e) all legislation and regulations the Executive Committee deems relevant; and
f) in the event that the applicant member elects to proceed by special conference call meeting, all verbal submissions made by or on behalf of the applicant member and the Executive Director.

Section 7. Appeal hearings of the Executive Committee shall be called by the Chair. The Chair shall be responsible for arranging the agenda in consultation with the Executive director. The Chair controls the meeting and is responsible for outlining the specific procedures to be followed at the hearing.

Section 8. The Executive Director will coordinate hearing times and
locations and is responsible for distribution of the agendas and relevant information. In appropriate cases the Executive Director will make the necessary arrangements for telephone conference calls.

Section 9. The Executive Committee members will be selected to serve on a particular appeal hearing committee as the need arises. Members of the Executive Committee are responsible for reviewing and familiarizing themselves with the agenda/information provided to them by the Executive Director in advance of the appeal hearing date. They must advise the
Executive Director as early as possible if circumstances no longer permit them to attend a scheduled appeal hearing.

Section 10. With the exception of the fee as set out herein and paid by the
applicant for a special conference call meeting, the administrative costs of the Executive Committee shall be the responsibility of the NBIAA. Each party appearing before an Executive Committee shall be responsible for
its own costs regardless of the decision of the Executive Committee.

Section 11. Within seven (7) clear days of the hearing of the appeal, the
Executive Committee shall issue a written decision detailing its reasons. A copy of the written decision shall be mailed by ordinary mail to the applicant member at the address for service of the applicant member provided in the notice of Appeal, and to the secretary of the conference in which the matter originated.

Section 12. Upon request by the applicant member, The Executive
Committee may communicate the decision to the applicant or another party by telephone, e-mail or fax transmission.

Section 13. The decision of the Executive Committee shall be final, subject to the normal rules relating to Judicial Review, as set out in the Rules of Court of New Brunswick.

Article 13 - Suspension and Appeal Policy

The following procedures as outlined below will be followed for all suspensions and appeals of suspensions:

OUTLINE

I. Suspension & Appeal Flow Chart
II. Conference/Inter Conference Suspension Committee Duties and Obligations
III. Conference/Inter Conference Suspension & Appeal
Process Flow Chart
IV. Conference Suspension Process
V. Conference/Inter Conference Suspension & Appeal
VI. NBIAA Discipline Committee Duties and Obligations
VII. NBIAA Provincial Appeal Process
VIII. NBIAA Provincial Appeal Procedure

I. Suspension and Appeal Flow Chart

II. Conference/Inter Conference Suspension Committeee Duties and
Obligations

1. All parties are invited to submit in writing their version of the incident

2. Conference Suspension Committee renders its decision

- Cannot suspend beyond 5 consecutive games in that sport
- Can recommend to NBIAA Discipline Committee further suspension

In their decision, they must inform principal that they have a right to appeal the decision to the NBIAA Provincial Appeal Committee within 3 school days of suspension decision.

There is no appeal of any suspension for the first 5 consecutive game suspensions from a sport in any one season.

III. Conference/Inter Conference Suspension & Appeal Process

Flow Chart

For an appeal to be granted the school principal will identify in writing the error of the suspension committee. Appeals will be granted when evidence illustrates one or more of the following:

1. an error in fact;
2. a lack of procedural fairness;
3. the suspension committee exceeding its authority
4. evidence of excessive/harsh suspension.

IV. Conference Suspension Process

- Each conference will establish a conference suspension committee.

- The conference suspension committee may recommend to the NBIAA executive committee further suspension that may include Regional/Provincial games or the entire athletic calendar.

- The conference suspension committee is comprised of the conference president/vice president, plus 2 other members of the conference committee.

President/Vice president (1)
Conference members (2)
Total (3)

- If the Conference Suspension Committee recommends a further suspension beyond 5 games, a hearing will be granted to all parties by the NBIAA Discipline Committee.

- At the completion of the hearing, then and only then can the Principal Appeal the decision to the NBIAA Provincial Appeal Committee.

*Only the principal may appeal a suspension. All appeals must be made in writing (Email is acceptable.)

*A principal's decision to suspend a student from athletics is NOT appealable to any governing body of the NBIAA or its affiliates.

*There is no appeal of suspension for the first 5 consecutive game suspensions from a sport in any one season.

V. Conference/Inter Conference Suspension & Appeal Process

1. The incident is reported to the conference president.

2. Conference president invites all parties to submit in writing relevant data regarding the specific incident.

3. Conference president appoints suspension committee.

4. Student suspended. Letter sent by conference president

a. Letter also informs member school principal that he/she has the right to appeal the decision of NBIAA Suspension Committee. If the suspension exceeds 5 consecutive games from that sport in a particular year, all appeals can be made to the Executive Director of the NBIAA. An appeal must fall under one of the 4 criteria previously mentioned.

6. Notification of Appeal of this decision must be sent in writing by school Principal within 3 school days of conference suspension decision to the NBIAA executive director. For an appeal to be granted the school principal will identify in writing the error of the suspension committee. Appeals will be granted when evidence illustrates one or more of the following:

1. an error in fact;
2. a lack of procedural fairness;
3. the suspension committee exceeding its authority
4. evidence of excessive/harsh suspension.

7. The NBIAA Provincial appeal committee must meet within 10 school days of conference appeal notification to the NBIAA executive director.

VI. NBIAA Discipline Committee Duties and Obligations

i. The NBIAA shall establish a Discipline Committee. It is expected that Committee members will have NO affiliation to the party schools directly involved in the incident.

ii. The suspension committee shall be chaired by the President/Vice President of the NBIAA plus 2 or 4 members from the NBIAA Executive Committee.

Time Frame:

- Incident is reported to executive director

- All parties involved will be asked to submit pertinent data to Executive director. Time frame - 2 school days

- Executive director will inform the President/Vice President who will then, establish the Discipline Committee comprised of the NBIAA Executive members.

- The Conference Representative(s) and student will be invited to a hearing to present their case.

- President informs in writing: school principal, superintendent, NBIAA executive committee; and Department of Education of the decision rendered by the NBIAA Discipline committee.

- Appeal of this decision can only be made by the member school principal and must be done within 3 school days of the NBIAA Discipline Committee's decision.

VII. NBIAA Provincial Appeal Process

NBIAA Regional/Provincial Appeal Committee appointed by President/Vice President of NBIAA chosen from a list of candidates provided by Superintendents (DO personnel, principals, community members) and Conference Presidents.

The provincial appeal committee members:

1. Cannot be affiliated with the same conference.
2. Cannot be a family associate.
3. Cannot have been involved in the original decision.

Conference President (1)
Principal (1)
Community member (1)
District office facilitator (2) (non-voting)
Executive Director NBIAA

Total (5)

The decision would be rendered in writing, by the 3-member panel. The District office chair and the Executive Director would be excluded from deliberations and final decisions.

The role of the District Office Facilitator is to ensure due process for all parties involved. The role of the Executive Director is to act as meeting coordinator. Only the Conference President, Principal and community member will be part of the final decision.

VIII. THE NBIAA PROVINCIAL APPEAL PROCEDURE

General

The Appeal Committee is made up of a community member chosen from a list of names submitted by the Superintendent, a Principal and a Conference President, all of who are appointed by the President of the NBIAA. District Office personnel will chair the Appeal Committee to ensure that proper procedures are followed to allow members to make a prompt, fair and unbiased decision.

A. Prior to the hearing, the President should:

1. inform all parties of the place, date and time of the hearing;

2. provide those involved with all available information relevant to the appeal;

3. inform those involved of their right to representation;

4. inform those involved of any such representation.

B. At the hearing, the appeals committee facilitator should:

1. introduce all participants;

2. outline the issue(s) and the legislation or policy which is the basis of the appeal;

3. inform those involved that the hearing will continue as follows:
- the person making the appeal (called the appellant) may open with a presentation or statement;
- the appellant may call witnesses and present evidence to support the appeal;
- the person defending the decision (called the respondent) may make an opening presentation or statement;
- the respondent may call witnesses and present evidence to support a dismissal of the appeal;
- the appellant may offer an oral or written summary of the reasons why the appeal should succeed;
- the respondent may offer an oral or written summary of the reasons why the decision should stand;
- the appellant, the respondent and their witness(es) may tell their "story" without undue interference and interruption;

4. the chair should explain his or her role in the appeal, the roles of other representatives and the extent to which each side may question one another and the witness;
5. the chair will conduct the appeal and ensure that all parties are treated with respect and that a confrontational atmosphere is avoided.

C. after the hearing, the committee should:

state the appeals committee's decision in writing within five teaching days, giving clear reasons. All decisions are final.

Any further request for appeal would be to the Ombudsman and/or Judicial Review.

NBIAA Office

NBIAA Executive Director
Department of Education
PO Box 6000
Fredericton, NB
E3B 5H1

Phone (506) 457-4843
Fax (506) 453-5311
Email [email protected]

Complaints about the Appeal process or hearing

If the appeal decision dissatisfies you, or you think the decision or process is unfair, you may consider seeking further assistance.

Ombudsman's Office

If you believe that the appeal process was not conducted in a fair and proper manner, you may file a complaint in writing with the New Brunswick Ombudsman's Office at the following address:

Office of the Ombudsman
767 Brunswick Street
PO Box 6000
Fredericton, NB
E3B 5H1

Phone (506) 453-2789
Fax (506) 453-5599
Email [email protected]

Judicial Review

If the appeal decision made by the district appeals committee dissatisfies you, you may seek a judicial review. You must make an Application for Judicial Review to The Court of Queen's Bench of New Brunswick. A person seeking a judicial review in the courts will usually need the help of a lawyer to complete this step.

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