When it appeared that associations weren't getting their acts together, the USATF Board of Directors decided on a tough-love approach.
1. Local associations have been dragging their feet for years on "unprocessed grievances," and the Mother Ship's involvement was needed to fix the situation.
2. Local associations with dysfunctional government (like the infamous USATF Colorado Association I've written about) end up punting their grievances to the national office when the local folks are too messed up to resolve their own conflicts. Indy, being swamped with grievance crap, had to find a way to kick these conflicts back to the locals.
Under the new grievance procedures, which all associations are supposed to adopt as amendments to their bylaws, Indy is spared the heavy lifting of dealing with internal association politics and conflicts. But what if associations really are too screwed up to handle things themselves?
An appeals process is part of the new grievance procedures, but that might just return things to status quo.
Although I appreciate Indy's stance that local associations should sleep in their own beds, it's kind of scary that USATF -- a grass-roots, volunteer-based organization -- has to shove a procedure down the throats of the grass-roots folks.
Proposed wording:
Amendment of September 17, 2008
Article XIV of the Association By-laws in its entirety shall be replaced by the following
Article /XIV
REDRESS OF GRIEVANCES
A grievance may be any matter within the cognizance of USATF San Diego/Imperial Association as described as follows:
A. Jurisdiction: This Association shall have jurisdiction over all disciplinary and formal grievance proceedings relating to matters that arise within the boundaries of the Association, except sexual misconduct allegations and doping violations which shall be under the jurisdiction of USATF. All penalties imposed by an Association shall be effective only within the jurisdiction of that Association.
B. Association Arbitration Panel: The following shall apply to the appointment and conduct of the Association Arbitration Panel (AAP):
1. Members: The Association Arbitration Panel shall consist of three (3) members - a chair, an at-large member, and an athlete member. There shall also be a first alternate, second alternate, and additional alternates who may be appointed from time to time when any of the three members of the AAP are not available. Members of the AAP shall not be members of the Association Board or Executive Committee.
2. Appointments: Appointments shall be made by the President with the approval of the Association Board. The appointments shall be duly reflected in the minutes of a properly convened Board meeting.
3. Terms: Terms shall commence on January 1 of each even-numbered year.
4. Removal: Members and alternates may be removed for good cause by majority vote of the Association's Board. Good cause may include, but is not limited to, the following:
a. Dilatory practices: A AAP member who causes or permits delays in the hearing process; and/or
b. Failure to follow procedures: An AAP member who disregards or fails to apply the hearing procedures or other provisions set forth in the Association Bylaws, Association Regulations, USATF Rules, USATF Bylaws, and/or USATF Regulations.
C. Grievances: A grievance may involve any matter, other than sexual misconduct and doping offenses, within the cognizance of USATF that occurs in the jurisdiction of this Association:
1. Grievance Complaints: A Grievance Complaint shall state the following:
a. Detrimental conduct: Conduct detrimental to the best interests of Athletics, USATF, USATF San Diego/Imperial Association has taken place; or
b. USATF violations: A violation of any of USATF's Bylaws or Operating Regulations and/or of a violation of any of USATF San Diego/Imperial Association Bylaws or Operating Regulations has occurred.
2. Parties: Grievance Complaints may be filed only by and against individuals or entities which were, at the time that the conduct complained of occurred, and at the time the Complaint is filed, members, directors, or officers of USATF or otherwise subject to the jurisdiction of USATF San Diego/Imperial Association. A non-member, former director, or former officer of USATF San Diego/Imperial Association shall be subject to the jurisdiction of USATF San Diego/Imperial Association for the purpose of defending against a Grievance Complaint for an incident that occurred while he or she was a member, a director, or officer of USATF San Diego/Imperial Association or otherwise subject to the jurisdiction of USATF San Diego/Imperial Association. A Grievance Complaint may only be filed by a person or entity affected by the issues raised in the complaint; and
3. Time limit: Grievance Complaints must be filed within one (1) year from the time the complaining party knew or should have known of the act giving rise to the Complaint.
D. Disciplinary matters: USATF San Diego/Imperial Association shall have the authority to discipline any member who, by neglect or by conduct, acts in a manner subject to discipline pursuant to Regulation below.
1. Activities subject to discipline: USATF San Diego/Imperial Association may discipline any member who, by neglect or by conduct:
a. Detrimental conduct: Acts in a manner detrimental to the purposes of USATF, USATF San Diego/Imperial Association, or Athletics;
b. USATF, IAAF, and Sports Act violations: Violates any of the Bylaws, Operating Regulations, or Competition Rules of USATF or the IAAF, or violates the Sports Act;
c. Eligibility violations: Violates the rules of eligibility for Athletics;
2. Time limit: Disciplinary proceedings must be requested within one (1) year from the time the complaining party knew or should have known of the issue giving rise to the request for a disciplinary hearing.
E. Rights of the persons or entities: In all matters subject to this Regulation, all parties shall be provided with fair notice and an opportunity for a hearing prior to the adjudication or imposition of any penalty by the Association or AAP. All parties::
1. Representation: May be represented in any disciplinary, grievance, or Association proceeding by a person(s) who may (but need not) be an attorney;
2. Right to appeal: May appeal any adverse decision in accordance with this Regulation;
3. Attendance at hearing: May be present at any hearing; and
4. Presenting and challenging evidence: Shall have the right to present evidence and witness testimony and to cross-examine witnesses testifying against him, her or it.
F. Initiation of proceedings: Formal grievances shall be initiated as follows:
1. Grievance complaint filing procedures:
a. Filing location: Complaints shall be filed with the Association President and Secretary. The Secretary shall forward a copy of the Complaint to the each party charged in the Complaint;
b. Language: All documents filed and exchanged with respect to this Regulation shall be in English; provided, however, that an original document that is in a foreign language must be submitted along with an English translation. The party submitting the document shall bear the cost of obtaining its translation which shall be conducted by a reputable translator or translation service. In the event of a challenge to the accuracy of a translated document, the panel chairperson may direct USATF to order a translation of the document(s) in question and may allocate the cost of the translation to any party or all parties, as the panel deems appropriate;
c. Basis for the Complaint: The Complaint shall allege clearly the nature of the dispute and, where appropriate, state the specific violation of the Bylaws, Operating Procedures, Competition Rules, or Policies of USATF, USATF San Diego/Imperial Association, or the IAAF;
d. Facts of allegation: Factual allegations shall be separately stated in concise language with one allegation set forth in each numbered paragraph of the Complaint;
e. Signature: The Complaint shall be signed by the person filing the Complaint,
f. Filing fees: A filing fee of One Hundred U.S. Dollars (US$100) must accompany an organization's complaint and a filing fee of Seventy-five U.S. Dollars (US$75) must be paid by individuals filing a Complaint. The filing fee must be in the form of a certified check or money order made payable to the Association;
2. Failure to comply with Complaint procedures: Complaints that fail to comply with the procedures outlined in this Regulation shall be returned to the filer with instructions explaining the deficiency. A returned Complaint may be re-filed within thirty (30) days of the initial filing. After thirty (30) days, the Complaint will be deemed abandoned;
3. Informal resolution of grievances: Upon receipt of a Grievance Complaint, the President or his/her designee shall make every effort to resolve the dispute through informal means. In disputes pertaining to a specific sport discipline, the President or his/her shall also confer with the chairperson of the sport committee for the discipline involved. All discussions related to the informal resolution of a complaint shall be confidential;
4. Formal resolution: If the informal resolution of the complaint is unsatisfactory to any party, or if a party declines to pursue informal resolution, the party may request that the complaint be resolved by a formal hearing before an AAP panel;
5. Hearing panel: When one party has indicated that the matter cannot be resolved informally, the President or his/her designee shall coordinate the selection of a three-person arbitration panel as detailed in Paragraph B of this regulation.
g. Notice of proceedings: Within thirty (30) days of the commencement of a formal grievance all interested parties and the hearing panel shall be sent the following by the Association Secretary:
1. Documents: A copy of the complaint or other documents giving rise to the proceeding, with any attachments;
2. AAP Members and Contact: The names of the hearing panel members and the address and telephone number of the panel's chairperson;
3. Association Bylaws: A copy of the text of this Regulation of the USATF San Diego/Imperial Association Bylaws and any other relevant USATF Rule or Regulation; and
4. Other relevant documents: A copy of any specifically identified document(s) related to the dispute.
h. Answer: The person(s) or entity(ies) named in a Complaint (respondent(s)) must submit a written answer to the Association Secretary within thirty (30) days after receipt of the letter notifying respondents that a proceeding has been filed ("Notice of Proceeding"). A copy of the Answer shall be forwarded by the Secretary to the complainant (the party filing the Complaint) and the AAP panel. The failure of respondent(s) to answer within thirty (30) days after the receipt of the Notice of Proceedings will be deemed a waiver by respondent of the opportunity to have a hearing or have an appeal of any adverse decision. Upon such failure, and after confirmation of the receipt of the Notice of Proceeding by all parties, the hearing panel may proceed in the absence of the re