ARTICLE NINE
DISPUTE RESOLUTION
1. General Policy
It is the policy of the Region to resolve all disputes involving participants in the Region in an amicable way if possible. Compromise should be emphasized whenever possible, and personality conflicts should be avoided. If disciplinary action is found to be necessary, it is the Region’s policy to take only the minimum action necessary. All means available should be taken to avoid legal action.
It is the policy of the Region to avoid punishing the players for the conduct of the parents except when there is no other solution (e.g., where a parent cannot or will not cease his or her disruptive behavior).
It is the policy of the Region to avoid wiping out years of good memories of AYSO and good service to AYSO, and that suspension or removal procedures are to be used only as a last resort. Voluntary resignation is preferable to a suspension or removal procedure.
It is the policy of the Region to avoid publicizing the suspension or removal proceedings beyond those persons who need to know, and to respect the privacy of the individuals involved. However, the Regional Commissioner or Regional Board should notify the Area Director, the Section Director, the NSTC or members of the AYSO Legal Commission of the pending proceedings pursuant to the operating regulations, and must comply with all applicable regulations and laws requiring suspension, abuse and similar events.
2. General Due Process Procedures
Disputes involving day-to-day activities of the Region should first be addressed and resolved, if possible, by the appropriate Board Member in charge of the activity and/or then by the Regional Commissioner, and then by the Regional Executive Board, if necessary. Disputes arising out of game conduct which may require additional disciplinary action should first be addressed and resolved, if possible, by the Regional Referee Administrator and/or then by a disinterested Hearing Committee appointed by the Regional Commissioner and/or then by the Regional Executive Board, if necessary. All complaints received from any source regarding inappropriate or abusive action or behavior which is contrary to AYSO policies or AYSO philosophy shall be reported to the Regional Commissioner and the CVPA for investigation. At each board meeting, the CVPA shall briefly report on the nature and extent of complaints filed since the last board meeting, without revealing the identities of the parties involved.
If it is determined that it may be necessary that a person involved in the Region needs to be disciplined, or that his or her participation in the Region should be limited or terminated, the Regional Commissioner shall immediately call a special meeting of the Regional Executive Board to review the facts of the case and determine the appropriate course of action. If it is determined that disciplinary action is appropriate, the Regional Commissioner or the Regional Executive Board shall give notice in writing to such person of such intention. Such notice shall specify the action to be taken and the reasons therefore. Such notices shall further notify such person that he or she, upon request, will be given a reasonable opportunity to explain why such action should not be taken. Such opportunity to respond may be in person at a hearing, by telephone or in writing. The Regional Commissioner or Regional Board may appoint a disinterested Hearing Committee of neutral persons to consider such discipline. After such opportunity to respond has been given, the Regional Commissioner, Regional Executive Board, or Hearing Committee shall make its determination and announce it in writing to all persons concerned.
3. Suspension
The Regional Executive Board, or the Regional Commissioner with approval of a majority of members of the Executive Board, may suspend a person involved in the Region from further involvement in the program on notice (by telephone, fax, writing or in person) if there is found to be an imminent danger to the program by his or her continuing involvement, or if a crime has been alleged to be committed by such participant. Such a suspension must be followed by a disciplinary hearing described in Paragraph Two, above. A suspension is considered to be temporary in nature, and such suspension may be removed or set aside by a majority of the Regional Executive Board at any time.
4. Removal
The Regional Executive Board, or the Regional Commissioner with approval of a majority of members of the Executive Board, may remove a person (whether or not suspended) involved in the Region, including a Regional Board Member, from further involvement in the program. Such removal may only be made upon prior notice and after a determination is made that removal is appropriate, as the result of a disciplinary hearing described in Paragraph Two, above. Such removal is only permitted when there is found to be (a) a violation of the National Bylaws or of the rules, regulations, policies or philosophies of AYSO or (b) conduct which disrupts the Region's or AYSO's activities or programs.
5. Hearing Procedures
The disciplinary hearing shall be held at a neutral location. The hearing procedures shall be communicated to and understood by all parties prior to the commencement of such hearing. All interested parties are to be informed of the date, time and location of such hearing.
A person who has a direct interest in the outcome of the matter shall not participate in any stage of the procedure. In the event the Regional Commissioner has a direct interest in the outcome of the matter, any authority herein to be exercised by the Regional Commissioner shall be referred to the area director. A person has a direct interest in the outcome of the matter if that person’s conduct is in any way called into question by the events, or if that person is a witness to the events, has a familial relationship with any person involved in the matter, has a financial interest in the outcome, or whose judgment, for any reason, cannot be unbiased and neutral.
Depending upon the nature of the complaint (see Appendix I, Dispute Resolution Flow Chart), a Hearing Committee of disinterested persons, or the Regional Executive Board, shall conduct the hearing as quickly and as fairly as possible, but may structure the proceedings as circumstances may require to keep them as positive as possible as well. The proceedings should be kept as confidential as may be necessary to protect all parties. The committee or Executive board shall listen to the facts of the situation from all interested parties. Each “side” may be permitted or requested to make their presentations outside the presence of the other if necessary to prevent undue acrimony or harm to the participants. Parties do not have the right to involve attorneys or to cross-examine other parties or witnesses, although either may be permitted within the discretion of the committee or board if it believes that such participation will be helpful and positive. It is strongly recommended that players and other minors not be permitted to participate as witnesses or to offer “testimonials” either in person or in writing unless it is unavoidable. The committee or board may ask such questions and request such documents or other evidence as may be necessary to obtain all pertinent facts, but should refrain from being overbearing with such examinations and requests.
At the conclusion of the hearing, the Hearing Committee or Executive Board shall adjourn to a private session where the decision will be reached. Under no circumstances shall the Committee or Board deliberate in the presence of the parties involved in the dispute. The Committee or Executive Board will then decide the issues raised pursuant to AYSO operating regulations and these Regional Guidelines based on the evidence submitted, and by a majority vote determine the appropriate action to be taken. Such action may include that no action should be taken against the individual accused, or that a warning or caution be given, or that a written reprimand be given, or that such person should be suspended or removed from involvement in Regional activities. All interested parties shall promptly be notified of such decision after, in the case of removal, and where deemed appropriate, such individual is given an opportunity to resign voluntarily.
All Hearing Committees referred in this Article shall consist of no fewer than five disinterested Board members. All Board Members and Hearing Committee members with knowledge of any disciplinary hearing shall treat as confidential all information obtained regarding those proceedings.
6. Review
Any determination made in accordance with this Article shall be final and binding on all concerned unless it is determined by the Area Director, or, if he/she is not disinterested, the Section Director, that such determination was arbitrary and capricious, or that the procedure was not fair, or that the person or persons making such determination are found not to have been disinterested. Any interested party dissatisfied with the decision or action taken by the Hearing Committee or Executive Board may request a review of such decision by the Area Director, Section Director or National Board of Directors, as may be appropriate pursuant to the operating regulations relating to dispute resolution and due process. There shall only be one review of each matter.
