Protest Ruling: TKU Volleyball

2018-19 Season

November 29, 2018

Facts:

On November 17, 2018 the LAKE Men’s Volleyball team defeated TKU 3-0. The match took place at LAKE.

On November 19, 2018 TKU protested the result of the game, requesting that the match be replayed in its entirety.

To support its protest, TKU provided video footage which clearly identifies the basis for its protest.

In short, during the first set of the match an error was made by the table crew. With the score clock properly showing TKU leading 16-13, LAKE won the next point. Rather than changing to 16-14 in favour of TKU, the score clock was then changed to show a score of 15-15.

At that point, the head official called the down official to the stand. The down official then proceeded to check with the scoring table and appeared to confirm that the score was correct. TKU Coach Phil Dixon then approached the down official to indicate that the score was incorrect and asked him to check again. The down official did so and was then asked to approach the head official again. He then returned and confirmed that the score was correct at 15-15 and the match proceeded.

LAKE then went on to win the game in question 25-20 before sweeping the remaining two sets to win the match.

The video footage confirms that events took place in the manner TKU has described and LAKE takes no issue with the facts as presented.

Ruling:

Article III Section 3 of the Operating Code deals with the appropriate procedure for dealing with protests. The appropriate rules are as follows:

2. Time Frame For Protests

2.1. In the event that a game has been protested before, during or immediately following the contest, notice to this effect must appear on the game sheet and must be signed by the person authorized to lodge the protest and the senior official, where possible. The game shall be played under protest, to be resolved by the ACAC Commissioner at a later date.

2.2. A protest lodged subsequent to the conclusion of a contest, based on alleged violations of the Operating Code or other rules of the Conference, shall be submitted in writing to the Commissioner and shall be regarded as a valid protest so long as it is received by the Commissioner no later than the fifth day following the day on which the contest occurred. 

2.3. It shall be incumbent upon the athletic director of any member institution lodging a protest to contact the Commissioner: 

2.3.1. Prior to 3:00 PM on the Monday, immediately following the week in which the protested contest occurred (contests protested as per 2.1).

2.3.2. On the same day during which the Letter of Protest is sent to the Commissioner (contests protested as per 2.2).

3. Fee

3.1. A protest lodged as per 2.2 above shall be accompanied by a deposit of $250.00, refundable if the protest is upheld. (Amended June, 2011)

The Volleyball Canada Rulebook also has a bearing on this protest. The relevant portions are contained at page 91 and are worded as follows:

A captain may legally protest only AN ERROR IN APPLYING A RULE OR RULE INTERPRETATION. The captain must lodge the protest immediately to the first referee who will then indicate to the scorekeeper that a protest has been lodged. Once the match has ended, the captain must describe the incident on the scoresheet or on a paper to be attached to the scoresheet before he signs off the scoresheet. This record includes game number, score, ball possession and player position on floor at time of protested decision, and reason for protest. The protest is then referred to the appropriate higher authority (i.e. league  executive, jury) for acceptance or refusal.

Only the following circumstances are protestable:

a) an improper decision by the referee who did not apply the rules or regulations;

b) an improper decision of the scorer who made a mistake on the rotational order or on the score.

In the present circumstances, it is clear that an error was made by the table crew that may have had an effect on the outcome of the first set as well as the match as a whole.

As per the Volleyball Canada Rulebook, TKU should have lodged its protest immediately and, once the match ended, its captain (or coach) should have described the reasons for the protest in writing and attached them to the scoresheet before signing off. This was not done.

ACAC Rule 2.1 also contemplates that certain Conference sports require immediate action in the case of a protest. Given the ambiguity in Rule 2.1, however, I am not prepared to deny the protest simply because TKU did not comply with the protest procedures contained in the Volleyball Canada Rulebook.

The Operating Code provides little or no guidance on how to deal with protests. On its face, Rule 2.2 requires that there must be a violation of either the Operating Code or other rules of the Conference in order for an appeal to be successful. I have reviewed the Operating Code and I can find no such violation in this instance. The Operating Code does not deal with the conduct of game day officials such as the table crew.

As I stated in the attached 2011 decision, which, coincidentally, also involved TKU and LAKE, denying a protest simply due to the lack of an Operating Code violation is not appropriate where it would lead to an absurd result.

There are key differences between the 2011 decision, in which the protest was allowed and a basketball game was replayed due to a score clock error by the table crew. In that case, the error took place during the last few seconds of regulation time during the most crucial point of the game. In the present case, the scoring error took place near the mid-point of the first set of a best of five set match. Not all mistakes are equal.

It goes without saying that we will never know how the match that is the subject of this protest might have played out had the error not been made as I am aware that momentum can significantly impact the outcome of a volleyball match.

While the Conference strives to make every effort to provide competent game day officials, the fact is that mistakes happen. In cases such as the 2011 decision, the principles of fairness required that the protest be allowed and the basketball game replayed despite the expense and inconvenience resulting from doing so. In this case, however, it is my view that the error does not warrant the expense and administrative burden of having the match replayed. Accordingly, the protest is denied and the result of the match will stand. TKU will forfeit the ACAC protest deposit of $250.

Sincerely,

Bill Hendsbee 
ACAC Commissioner