USA BOXING GRIEVANCE AND DISCIPLINE POLICY

Transcription

1 USA BOXING GRIEVANCE AND DISCIPLINE POLICY THIS GRIEVANCE AND DISCIPLINE POLICY (the Policy ) of USA Boxing, Inc. ( USAB ) sets forth the policy and procedures by which USAB will consider, hear and determine (i) administrative grievances and complaints, (ii) competition eligibility, and (iii) disciplinary action involving USAB members and certain other individuals. ARTICLE 1 INTRODUCTION 1.1. USAB Members Subject to Policy. Each member of USAB is subject to, and is bound by, the rules, regulations, policies, codes and Bylaws of USAB, the United States Olympic Committee ( USOC ) or the International Boxing Association ( AIBA ), including this Policy. Each member of USAB shall be bound by any decision or adjudication rendered pursuant to this Policy General. This Policy is available to members of USAB, as well as USAB itself, for the adjudication of grievances and disciplinary matters. Pursuant to this policy, grievances and disciplinary matters have been divided into four (4) different areas, each with its own procedure: Administrative Grievances, Administrative Complaints, Grievances involving Competition Eligibility, and Disciplinary Matters. Each of these areas is subject to the prohibitions and limitations set forth in Article 2 of this Policy Administrative Grievances. A member of USAB may file an Administrative Grievance, pursuant to the procedures set forth in Article 3 of this Policy, where the member believes that he/she/it has been damaged by the actions or omissions of (i) USAB, or (ii) another member, where such actions or omissions violate one (1) or more rules, policies, or Bylaws of USAB, the USOC or AIBA, and the member filing the Administrative Grievance is seeking redress for the alleged violation that does not include a sanction under the Bylaws or rules of USAB. A member may both seek redress under the Administrative Grievance process and sanction under the Administrative Complaint process for the same incident Administrative Complaints. A member of USAB may file an Administrative Complaint, pursuant to Article 4 of this Policy, where the member believes that another member of USAB has committed a violation or infraction of one (1) or more rules, policies, or Bylaws of USAB, the USOC and AIBA, and the member filing the Administrative Complaint is seeking to have the alleged violator sanctioned under the Bylaws or rules of USAB Competition Eligibility. Any USAB member athlete, coach, trainer, manager, administrator or official who believes that he/she is being (or has been) denied, or threatened with denial, of the opportunity to compete in the Olympic or Pan American Games, World Championship competitions or such other USAB-sanctioned events, may file a Competition Eligibility complaint. A Competition Eligibility complaint shall be filed and handled according to the Administrative Grievance procedure set forth in HROCSP\ \C

2 Article 3 of this Policy, but shall also be subject to the additional Competition Eligibility procedures set forth in Article 5 of this Policy. The Competition Eligibility Grievance process shall not apply to, or take the place of, bout protests at specific events, which shall be handled according to the USAB Technical Rules. 1.6 Disciplinary Action. All members of USAB and all persons who participate in any official capacity with USAB are subject to disciplinary action by USAB pursuant to Article 6 of this Policy for (i) violations of one (1) or more rules, policies, or Bylaws of USAB, AIBA or the USOC, or (ii) any other acts or omissions involving malfeasance, bad faith and/or conduct detrimental to the best interests of USAB or the sport of boxing. ARTICLE 2 LIMITATIONS ON APPLICABILITY OF POLICY 2.1. Items Not Subject to this Policy. The following matters shall not be subject to adjudication under this Policy, and no claims or actions may be brought involving the following: (A) The final decision of a referee during a USAB-sanctioned event involving a field of play decision (namely, a matter set forth in the rules of the competition to be within the discretion of the referee) shall not be reviewable through the procedures for, or the subject of, this Policy unless the decision is: (i) outside the authority of the referee to make, or (ii) the product of fraud, corruption, partiality, misapplication of a rule of USAB, the USOC or AIBA, or other serious misconduct of the referee. (B) Claims involving specific action(s) or inaction(s) by the Board of Directors or the Executive Director involving corporate actions, or the direction and/or management of USAB. (C) with USAB. Claims involving employment matters and/or contractual relationships (D) Claims of misconduct or error on the part of USADA and/or WADA personnel, or laboratories utilized by either USADA or WADA; or otherwise arising from or related to the imposition of discipline (or failure to impose discipline) for any actual or alleged doping offense(s). (E) Claims against USAB or a member of USAB that do not involve violations of one (1) or more rules, policies or Bylaws of USAB, AIBA or the USOC. ARTICLE 3 ADMINISTRATIVE GRIEVANCES 3.1. Requirements of an Administrative Grievance. An Administrative Grievance must (i) be submitted in writing to USAB at its principal place of business to the attention of the Executive Director; (ii) be signed and dated by the individual submitting the Administrative Grievance; (iii) include a concise statement of the facts HROCSP\ \C

3 upon which the Administrative Grievance is predicated; (iv) specifically identify the individual(s) responsible for the circumstance(s) or event(s) giving rise to the Administrative Grievance; (v) specifically identify the Bylaws or rules which are alleged to have been violated that are the subject of the Administrative Grievance; (vi) specify the relief sought; (vii) be accompanied by a non-refundable Administrative Grievance filing fee of $250 payable to USAB if the Grievant is an athlete member of USAB, or a $500 non-refundable filing fee payable to USAB if the Grievant is not an athlete member of USAB (the Grievant may request that the filing fee be reduced or waived if he or she can demonstrate significant financial hardship); and (viii) be submitted within onehundred and eighty (180) days of the date that the Grievant knows, or reasonably should have known, the facts giving rise to the Administrative Grievance. If the Administrative Grievance does not satisfy the requirements of this Section 3.1, the Executive Director may return the Administrative Grievance to the Grievant with a notice of the defective or missing items in the Administrative Grievance Processing an Administrative Grievance. Upon receipt of a Administrative Grievance, the Executive Director shall promptly: (A) Send the Grievant a written notice acknowledging receipt of the Administrative Grievance, which shall include a copy of this Policy; (B) Serve upon each and every individual whose conduct is the subject of the Administrative Grievance a notice of the filing of the Administrative Grievance and a copy of the filing itself. No notice need be served upon USAB as a Respondent. The notice shall include (i) an invitation to respond in writing to the Administrative Grievance, which response must be received by USAB not fewer than thirty (30) days after the date of service of the notice, and (ii) a copy of this Policy; and (C) Send a copy of the filing of the Administrative Grievance to the Chair of the Judicial Committee Service of an Administrative Grievance. For purposes of this Policy, service may be accomplished by: (i) hand delivery; (ii) mailing by certified U.S. mail, return receipt requested, postage prepaid, to the current address of the party(ies) served as reflected in the records of USAB; (iii) by overnight delivery by a recognized courier that maintains a record of the delivery to the current address of the party served as reflected in the records of USAB, or (iv) via to the current addresses of the parties as reflected in the records of USAB. For purposes of this Policy, service shall be deemed complete, as appropriate, as follows: (i) at the time of personal hand delivery or delivery of the ; (ii) three (3) business days after deposit of the certified envelope in the U.S. mail, postage prepaid; or (iii) one (1) business day after depositing for shipment by overnight courier Mediation of the Administrative Grievance. In appropriate cases, the Executive Director may attempt to mediate an Administrative Grievance. If mediation is successful, the agreed upon resolution shall be recorded in a form that includes the HROCSP\ \C

4 written acknowledgment by all interested parties of that resolution. Unless agreed by all persons with an interest in the outcome of the Administrative Grievance, and by the Executive Director, mediation shall not delay or prolong the setting of a Hearing date or the holding of a Hearing Administrative Grievance Hearing. The Judicial Committee shall administer and oversee the Hearing process in accordance with this Policy. (A) Within ten (10) days after receipt of the Administrative Grievance, the Chair of the Judicial Committee shall (i) appoint a Hearing panel consisting three (3) disinterested and impartial individuals, at least one of whom must be an athlete meeting the definition for Elite Athlete as set forth in Section 6.6(A) of the USAB Bylaws (the Hearing Panel ) to hear the Administrative Grievance, and (ii) name one (1) of the individuals of the Hearing Panel as chair of the Panel (the Chair ). (B) Discovery; Exchange of Documents. The Hearing Panel shall determine whether, and to what extent, discovery and exchange of documents will be allowed or required, subject to the understanding that the Hearing process is meant to be efficient and streamlined. (C) Time and Place of Hearing. The Chair of the Hearing Panel will select the time and place for the Administrative Grievance Hearing so as to have the Hearing occur at the earliest convenient date consistent with the need to provide the parties with adequate time to prepare. In any event, the Hearing shall be scheduled not be fewer than fifteen (15) days, nor more than ninety (90) days, after appointment of the Hearing Panel, unless the Hearing is to be expedited or the Hearing Panel specifically determines that a longer period is necessary in the interests of justice. The Hearing Panel may also shorten all time periods as it deems necessary and appropriate in order to render a decision in a timely manner under the circumstance of the Administrative Grievance and taking into consideration any related deadline(s), forthcoming competition(s) or event(s). (D) Manner of Hearing. The Chair will conduct the Hearing in person, by telephonic conference call, video conference or other similar electronic means whereby all parties participating may hear each other during the Hearing. The Chair will communicate information about the Hearing schedule to the Executive Director and all interested parties. No party shall be entitled to an in-person Hearing; rather, all Hearings shall be by telephonic or video conference unless the panel, in its sole discretion, determines an in-person Hearing is required. (E) Impartial Panel. If any party with a direct interest in the outcome believes that a Hearing Panel member is neither disinterested nor impartial, that party may challenge the participation of that Hearing Panel member to the Executive Director. The Hearing Panel member in question shall thereafter be presented with the challenge and may, upon review, recuse himself or herself. If the Hearing Panel member in question does not recuse himself or herself, then the Executive Director shall review the objection and comments, if any, of the Hearing Panel member in question. If the Executive HROCSP\ \C

5 Director determines in his or her sole discretion that the Hearing Panel member s service on the Hearing Panel may pose an appearance of impropriety, he or she may replace that member. (F) Documents Provided to Panel. Prior to the Hearing, the Executive Director will provide to each member of the Hearing Panel a copy of each of the following documents: (i) the Administrative Grievance; (ii) all attachments to the Administrative Grievance, if any; (iii) any written response or other materials previously submitted by the Respondent(s), if any; and (iv) any relevant documents in the possession of USAB. (G) Minimum Standards. The procedures to be followed at the Hearing shall, at a minimum, include the opportunity for each party to (i) be represented by counsel, (ii) present oral or written evidence, (iii) cross-examine witnesses, and (iv) present such factual or legal claims as may be relevant to their respective claim(s) or defense(s). (H) Recording the Hearing. Any party to a Hearing may cause the Hearing to be stenographical reported or electronically recorded. The cost thereof shall be borne by the party requesting the recordation, and the nature of the recording process shall be announced on the record at the beginning of the Hearing. The recording or transcript shall be made available to every other party upon reimbursement of a pro rata share of the recording and transcription expense, and to the Executive Director and the Hearing Panel at no cost. No person may secretly record a Hearing, or cause a Hearing to be secretly recorded, in any form. (I) Burden of Proof. In the conduct of an Administrative Grievance Hearing, the burden shall be upon the Grievant to prove the allegations of the Grievance by a preponderance of the evidence. (J) Decision of the Panel. Decisions on the merits of the Administrative Grievance and the form of remedies, including the nature and extent of discipline, shall be determined by a majority vote of the Hearing Panel. The Hearing Panel shall report its decision on the merits in writing within twenty (20) business days of the conclusion of the Hearing. The decision shall be sent to the Executive Director, who shall forthwith provide a copy in writing to all parties. However, where time is of the essence, the Hearing Panel may issue its decision orally, to be followed by a written decision. (K) Legal Fees. Every party has the right to be represented by an attorney or other representative of his or her own selection in any proceeding under this Policy. However, each party shall pay his/her/its own legal and/or representation fees in all proceedings under this Policy, and in any and all subsequent related proceedings, including arbitration, in those limited circumstances in which further proceedings are authorized by law. The Hearing Panel shall have the authority to award attorneys fees as part of any remedy. HROCSP\ \C

6 3.6 Appeal. A decision made by the Hearing Panel may be appealed to the Appeals Committee pursuant to the appeals process set forth in Article 7 of this Policy, unless otherwise prohibited. ARTICLE 4 ADMINISTRATIVE COMPLAINTS 4.1. Requirements of an Administrative Complaint. An Administrative Complaint must (i) be submitted in writing to USAB at its principal place of business to the attention of the Executive Director, or, if the Administrative Complaint implicates the Executive Director, then to the attention of the Chair of the Board; (ii) be signed by the individual submitting the Administrative Complaint; (iii) include a concise statement of the facts upon which the Administrative Complaint is predicated; (iv) specifically identify the rule(s), Bylaw(s), policy(ies) and/or code of conduct violation(s) of USAB, AIBA and/or the USOC upon which the Administrative Complaint is predicated; (v) specifically identify the individual(s) against whom the Administrative Complaint is directed; and (vi) be submitted within one-hundred and eighty (180) days of the time that the Complainant knows, or reasonably should have known, the facts giving rise to the Administrative Complaint Processing and Service of an Administrative Complaint. Upon receipt of a Complaint, the Executive Director shall promptly: (A) Send the Grievant a written notice acknowledging receipt of the Complaint, which shall include a copy of this Policy; (B) Serve upon each and every individual whose conduct is the subject of the Administrative Complaint a notice of the filing of the Administrative Complaint and a copy of the filing itself. The notice shall include (i) an invitation to respond in writing to the Administrative Complaint, which response must be received by USAB not fewer than thirty (30) days after the date of service of the notice, and (ii) a copy of this Policy. Service shall be effected as provided in Section 3.3 of this Policy Initial Review. The Executive Director or his designee (which may be a panel of individuals provided that an Elite Athlete is included as part of such a panel) shall undertake an initial review of the Administrative Complaint and responses of the individuals named in the Administrative Complaint. If, after reviewing the Administrative Complaint and the responses, the Executive Director determines that the allegations have no merit, he or she may dismiss the Administrative Complaint. Otherwise, the Executive Director shall thereafter treat the Administrative Complaint as a Disciplinary matter subject to the procedures set forth in Article 6 of this Policy. ARTICLE 5 COMPETITION ELIGIBILITY GRIEVANCES 5.1. Procedures Governing Competition Eligibility. Any individual who believes that his or her opportunity to participate described in Section 1.5 of this Policy HROCSP\ \C

7 has been denied may file a Competition Eligibility Grievance. A Competition Eligibility Grievance shall be filed and administered according to the provisions in Article 3 on Administrative Grievances; provided, however, that the special provisions applicable to Competition Eligibility Grievances set forth in this Article 5 shall apply and shall prevail in the event of a conflict with one or more provisions in Article Special Provisions Concerning Hearings on Competition Eligibility. The following provisions shall apply to any procedure or Hearing conducted on a Competition Eligibility Grievance: (A) If an individual who is eligible to file a claim under Section 9 of the USOC Bylaws files such a claim prior to filing a claim under this Policy, such individual shall no longer be eligible to avail himself or herself of a Competition Eligibility Grievance. (B) Whenever necessary to assure a Hearing prior to a USABsanctioned event, the Executive Director or Hearing Panel Chair may shorten the time periods otherwise applicable to the Hearing procedures so that a decision may be rendered in time for the athlete to compete in an event, if the athlete prevails; provided, however, that the Hearing Panel shall not be obligated to hold a Hearing less than fortyeight (48) hours after receiving the filing for the Competition Eligibility Grievance. (C) Whenever a Competition Eligibility Grievance has the potential to adversely impact the eligibility or appointment of any other USAB member athlete, coach, trainer, manager, administrator or official to participate in an event described in Section 1.5 of this Policy, the Grievant shall include with the Grievance a list of all other individuals, together with their contact information (if known), whom the Grievant believes may be adversely affected by a decision rendered on the Grievance. In addition: i. the adverse party to the Grievance shall also submit a list of individuals, together with their contact information (if known), who may be adversely affected by a decision rendered on the Grievance; and ii. the Hearing Panel may also determine that individuals not listed by either the Grievant or the Respondent have the potential to be adversely affected by the Grievance. The Hearing Panel shall make a final determination of the individual(s) who may be adversely affected by the Grievance. Such individual(s) shall then be afforded: 1. notice of the Hearing; 2. the right to participate in the Hearing; and 3. the right to present evidence at the Hearing as an additional interested party. HROCSP\ \C

8 iii. should such other individual(s) elect to participate in and/or present evidence at the Hearing, he/she/they may do so without the payment of any fees arising from the Grievance and/or Hearing, other than fees of counsel should such individuals(s) elect to engage an attorney(ies) or other representative(s). 5.3 Appeal. Appeals of Competition Eligibility Grievances shall be handled as follows: (A) If an individual is not eligible to file for arbitration under Section 9 of the USOC Bylaws, then he/she may file an appeal of a decision of the Hearing Panel pursuant to Article 7 of this Policy. (B) If an individual is eligible to file for an arbitration under Section 9 of the USOC Bylaws (but has not yet had a hearing under Section 9 of the USOC Bylaws), then he/she shall have no right of appeal pursuant to Article 7 of this Policy. Rather, a hearing under Section 9 of the USOC Bylaws shall serve as that individual s appeal. ARTICLE 6 DISCIPLINARY ACTION 6.1. Allegations. If the Executive Director determines that one or more members of USAB and/or a person who participates in any official capacity of USAB has violated one (1) or more rules, policies or Bylaws of USAB, AIBA or the USOC, or has committed any other acts or omissions involving malfeasance, bad faith and/or conduct detrimental to the best interests of USAB or the sport of boxing, then the Executive Director shall provide notice to the persons involved (the Persons Under Investigation ) outlining the allegations, the fact that an investigation will be conducted and the individual who will conduct the investigation. The Executive Director shall thereafter cause an investigation to be conducted, either by the Executive Director or his or her designee, according to the procedure set forth in Section Investigation Procedures. The investigation shall be conducted according to the following procedures. (A) Objection to Investigator. Should a Person Under Investigation believe that the appointed investigator is not disinterested or impartial, he/she/they shall promptly so inform the Executive Director in writing with a statement of the reason(s). Upon investigation and review, if the Executive Director determines that the investigator may not be impartial or disinterested, the Executive Director shall appoint another investigator. (B) Costs of Investigation. The Executive Director may, where he deems appropriate, allocate the costs of the investigation to the party filing the complaint, particularly in the case of, but not limited to, an Administrative Complaint. (C) Review of Documents. The investigation shall include a review of all relevant documents provided and such interviews as the investigator may deem necessary HROCSP\ \C

9 with the parties and any other persons having information related to the subject matter of the investigation. Upon completion of the investigation, the investigator shall prepare and deliver to the Executive Director a written report of the investigation and a recommendation as to the appropriate disposition of the matter. The Executive Director will serve copies of the investigation report on all of the parties. (D) Finding of Violation(s); Possible Suspension or Ineligibility. If the investigation determines that one or more violation(s) has occurred, and such violation(s) warrant the imposition of either a suspension or period of ineligibility for the alleged violator(s), then the matter shall be turned over to the Chair of the Judicial Commission for a Hearing. The Hearing shall be conducted according to the procedures set forth in Section 3 of this Policy. No member may be suspended or declared ineligible without a Hearing, unless such member waives the right to a Hearing. (E) Finding of Violation(s); No Suspension or Ineligibility. If the investigation determines that one or more violation(s) has occurred, and such violation(s) do not warrant the imposition of either a suspension or period of ineligibility for the alleged violator(s), then the Executive Director or his designee (which may be a panel) may, in his or her sole discretion, impose the appropriate penalty(ies), which may include, but not be limited to, fines, community service, loss of benefits or certain membership privileges. The decision of the Executive Director may be appealed pursuant to Article 7. (F) Finding of No Violations. If the investigation determines that no violations have occurred, then the matter shall be dismissed and shall not be subject to appeal Suspensions by Other Entities. USAB shall honor the suspensions or other disciplinary actions imposed upon its members by AIBA, the USOC, USADA and/or WADA Criminal Conduct by Certain Classes of Licensees. (A) Whenever it comes to the attention of the Executive Director that a licensed USAB official or coach is charged by indictment or otherwise in any court with a crime involving (i) theft, dishonesty, or moral turpitude, or (ii) unlawful sexual acts, or (iii) the unlawful use, possession, manufacture, or sale of narcotics or other drugs, or firearms; then, upon learning of the pending criminal case, the Executive Director may seek an expedited Hearing during which a temporary suspension of membership may be imposed. A full Hearing to determine whether a non-temporary suspension should be imposed shall be held at a later date. (B) There shall be no appeal of an interim suspension made under this Section 6.4, excepting an alleged error of identity, i.e., the suspended person asserts he or she is not the defendant named in the criminal action. Any such Hearing shall be conducted in accordance with Article 3 of this Policy. HROCSP\ \C

10 ARTICLE 7 APPEALS 7.1. Administrative Grievance Appeal. If either party wishes to appeal a decision of the Hearing Panel, that party may appeal the decision to the Appeals Committee. The Appeals Committee shall administer and oversee the appeal process in accordance with this Article 7. The Chair of the Appeals Committee shall appoint three (3) disinterested and impartial individuals as an Appeals Panel (the Appeals Panel ), one (1) of whom shall chair the Appeals Panel, to review and make a determination on the appeal. 7.2 Appeal Procedures. Each appeal to the Appeals Committee shall be instituted by a written petition served upon the Executive Director and shall be accompanied by a $250 non-refundable filing fee payable to USAB for athlete members of USAB, and a $750 non-refundable filing fee payable to USAB for non-athlete members of USAB. (A) Any appeal must be filed within thirty (30) days of the date of the decision that is being appealed. (B) The petition shall set forth the grounds for appeal, citing factual and legal issues in as much detail as possible. (C) The Executive Director, upon receipt of the petition on appeal, shall send a copy of the petition to the parties and to the Chair of the Appeals Committee. The Executive Director and the Chair of the Appeals Committee shall each have the power and authority, acting alone, to deny or reject an appeal when, in his or her respective determination, the appeal was not filed in a timely manner and/or was not filed by a party in interest. (D) The respondent shall, within thirty (30) days following receipt of the petition, file a written response to the petition to the attention of the Executive Director, the Petitioner and Chair of the Appeals Committee. The written response shall be filed with the Executive Director, the opposing party(ies) and the Chair of the Appeals Committee. The Chair of the Appeals Committee may decrease or increase the time limits for any of the foregoing upon request of either party and if circumstances should warrant it. (E) Standard of Review. The standard of review on appeal shall be whether the Hearing Panel or Executive Director, as the case may be, (i) committed a clear error or (ii) acted in an arbitrary and capricious manner in his/her/its respective ruling. An appeal to the Appeals Committee shall be on the basis of the record of the Hearing Panel and the written briefs filed in with the Hearing Panel, unless the Appeals Panel, in its discretion, orders a de novo Hearing. In the event the Appeals Panel orders a de novo Hearing, the Hearing procedure shall be as set forth in Article 3 of this Policy, HROCSP\ \C

11 except that the Hearing will be conducted by the Appeals Panel instead of the Hearing Panel. HROCSP\ \C