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Hearings and AppealsClick
Here for a list of the District Discipline Committee Chairs...
Article
10 - Other Protest Procedures, Hearings and Appeals
Make-up
and procedures for District/Division Disciplinary Board Committees and
Youth Division Hearings and Appeals Committee.
A.
In order to best comply with the requirements of the PA West Constitution,
the following rules of competition shall reflect the procedures to be followed
for Hearings and Appeals;
B.
All decisions rendered by the Youth Board Hearings and Appeals Committee
shall be confirmed by a simple majority vote at the next regularly scheduled
Youth Board meeting. All decisions rendered by said Committee become effective
upon notification of all parties involved except in cases involving disciplinary
action; in these instances the decision does not become effective until
after the Youth Board confirmation of such decisions. The Youth Board simple
majority confirmation vote for non-disciplinary decisions can take place
after said decision has become effective.
C.
Each
geographic District and each playing Division (e.g., Division I, Girls,
Classic League, and others which may be established) shall have a Disciplinary
Board Committee Chairperson who shall be responsible for receiving the
periodic reports of red and yellow card infractions for players in their
District/Division, convening a committee to provide a hearing for any discipline
invoked under Article 5 or further review the probationary status of any
player, coach or team earlier determined. The Disciplinary Committee is
further authorized to otherwise review the conduct of any player, coach,
team, or club in said District/Division to ensure compliance with applicable
rules and regulations and acceptable sportsmanship and gentlemanly conduct
standards. Said Disciplinary Board Committees are empowered to render appropriate
penalties or sanctions. While a hearing should occur within 30 days of
the triggering reason for the discipline, reasonable efforts shall be undertaken
to provide a hearing within 15 days of the invoking of any suspension unless
said District/Division wishes to use a scheduled monthly Disciplinary Committee
meeting for purposes of said hearing. The Disciplinary Board shall attempt
to hold a hearing and render a ruling before the expiration of a suspension
so invoked, but unless as otherwise provided (e.g., Section 5.2 G, supra),
the failure to render a ruling before the expiration of the suspension
does not abrogate the suspension. Hearings held at PA West sponsored Tournaments
may be held with verbal notice
D.
If a player or coach wishes to appeal a District/Division Disciplinary
Board disposition or if they are dissatisfied with an action or inaction
of PA West as it affects their playing status or being sanctioned /approved
for play or travel and wish to protest this, they may do so by maintaining
an Appeal to the Youth Division Hearings and Appeals Committee pursuant
to the PA West Bylaws (see Youth Division Organizational Rules, Chapter
27, and Chapter 7, "Appeals"). The following process is to be followed:
1.
If
an appeal from a disciplinary action, the Appeal must occur in writing
within ten (10) days of receipt of the District/Division Disciplinary Board
findings.
The Appeal must be sent certified mail to the PA West State Office (with
a $150.00 check from the club) and by certified and regular mail to the
Youth Board Hearings and Appeals Chairperson (with copy of check sent to
PA West State Office); the sender shall also obtain a date-stamped "Proof
of Mailing" from the U.S. Post Office and maintain the same for review.
A detailed statement as to the basis for the Appeal shall be submitted,
signed by an appropriate official of the appellant club. The Hearings and
Appeals Chairperson shall review the Appeal, be authorized to conduct fact-finding
by reviewing the matter with any of the parties, District, Division, or
otherwise, and upon confirming a legitimate Appeal exists and has been
properly filed, the Hearings and Appeals Committee will be convened to
review the Appeal being taken from the action of the District/Division.
2.
If a protest or appeal is being made on a matter not involving action of
a District/Division Disciplinary Board, the appellant is first to contact
the Youth Board President to determine if this is a matter properly reviewable
by the Youth Division. If so, the President may refer the matter to the
Hearings and Appeals Committee Chairperson for appropriate fact-finding
(including, if necessary, the convening of the Hearings and Appeals
Committee to include the District/Division Director for the team(s)
in question) and ruling, or the President may refer the matter to the Youth
Board of Directors for review, or the President may take such action as
may be appropriate. If the matter is to be reviewed by the Youth
Board Hearings and Appeals Committee or the Youth Board of Directors the
same procedures must be followed in the taking of the Appeal as set forth
above in subparagraph "1" with the addition that the Youth Board President
is to be copied on the Appeal (by regular mail) and 12 copies of all statements,
facts and arguments for consideration shall be submitted to the State Office
with the Appeal for distribution.
3.
If an Appeal is taken from the Hearings and Appeals Committee to the Youth
Board of Directors, this must occur in writing within ten (10) days of
receipt of hearing findings. No further appeal fee must be paid, but the
Board of Directors may overturn the decision of the Hearings and Appeals
Committee only by a three-quarters vote of the total voting members present
of the Board of Directors.
4.
The
next level of appeal shall be to the USSF by completing a Notice of Appeal
in accordance to USSF procedures (currently USSF Bylaw 705) providing for
the party to complete a USSF Notice of Appeal with appeal fee to be submitted
within ten (10) days of receipt of the decision rendered by the Amateur
or Youth Divisions or Referee Committee or other PA West final decision.
The Federation's Appeals Committee has the jurisdiction to approve, modify
or reverse decisions.
5.
The Youth Division procedures for the taking, hearing and disposition of
Appeals are implemented to provide the most convenient forum in which to
convene a disciplinary hearing and shall serve to satisfy the Youth Division
Organizational Rules embodied in the PA West Constitution, particularly
Chapter 27, "Hearings and Appeals Committee," especially insofar as they
set forth provisions of the Youth Division (allowed under PA West Bylaws,
Chapter 7, "Appeals, Grievances and Disputes") as to how the Hearings
and Appeals Committee/Board shall be composed and allowing periodic disciplinary
hearings in each District/Division/League.
6.
In the event any District/Division/League is believed by a player, coach,
team or club not to be providing a proper and timely disciplinary hearing,
the aggrieved shall contact the District /Division/League Director and/or
the Youth Division Hearings and Appeals Chairman, who shall rectify
the situation by expeditiously convening a proper District/Division/League
Disciplinary Board hearing or referring the matter directly to the Youth
Division Hearings and Appeals Committee (in which event no $150.00 appeal
fee need be paid for this stage of review).
The composition
of a District/Division Disciplinary Board shall be determined by the Disciplinary
Board Chairperson in each District/Division with the advice of the District/Division
Director; the members of the Disciplinary Board shall serve either by special
appointment for a given case or date of hearing, or may be generally appointed
until replaced. The composition of a Youth Division Hearings and Appeals
Committee may include any members appointed by the Hearings and Appeals
Committee Chairman, who shall seek the advice of the District/Division/League
Director involved, but the final selection of Committee members shall be
that of the Hearings and Appeals Committee Chairman. The Hearings and Appeals
Committee review/hearing need not be chaired by the Hearings and Appeals
Committee Chairperson but shall report to the Hearings and Appeals Committee
chairperson. |

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