Transcript The A to Z’s of A&D - Oregon Adult Soccer Association

The
A to Z’s of A&D
A guide to conducting disciplinary
hearings
Fair Hearings
Affiliated Leagues can set the rules of hearings so
long as fair hearings are held
The operative phrase is “fair hearings”.
The definition of “hearing” by Webster:
A listening to facts and evidence, for the sake
of adjudication; a session of a court for
considering proofs and determining issues.
Decisions come at the end of a hearing,
not at the beginning
Discipline
According to the American Heritage
Dictionary discipline is defined as:
To punish in order to gain control or
enforce obedience.
The punishment must fit the offense.
Approach hearings as an attempt
to resolve conflicts
Affiliated Leagues
Responsibilities
Affiliated Leagues should have their own A&D
Committee
Hearings held for:
Managers
Teams
Players
Assault and abuse go to OASA D& A Committee
Referee Misconduct go to Oregon Referee
Committee
Send report following the hearing to OASA
Misconduct Reports
Can proceed without the referee’s report
Anything beyond the minimum requires a hearing
Do not suspend without a hearing except:
Health, safety, or welfare
Red Cards may NOT be overturned or thrown out
Assault, abuse, and referee misconduct reports
send to OASA
Receiving a Complaint
Must be in writing, not verbal
Must be signed or identifiable
Chair determines validity
Present a fair and impartial forum to bring closure
to a complaint
Only the A&D Chair should have advanced
notification
Do not prove or disprove the allegation, only
decide whether the complaint has enough merit to
be heard
Rights of the Parties
Guaranteed by OASA and USSF
All of these apply, but these are the ones we slip
on most
Notice of the charges in writing with what could
happen if found to be true
Reasonable time to prepare
Hearing before disinterested parties
Right to confront witnesses
Written decision in a timely manner
These all comprise due process
11 Rights of the Parties
1. Notice of all specific charges or alleged violations in writing and possible consequences
if the charges are to be found true;
2. Reasonable time between receipt of the notice of charges and the hearing within which to
prepare a defense;
3. The right to have the hearing conducted at a time and place so as to make it practicable
for the person charged o attend;
4. A hearing before a disinterested and impartial body of fact finders;
5. The right to be assisted in the preparation of one’s case at the hearing;
6. The right to call witnesses and present oral and written evidence and argument;
7. The right to confront witnesses, including the right to be provided the identity of
witnesses in advance of the hearing if requested;
8. The right to have a record made of the hearing if requested in advance, with all costs to
be paid by the requestor;
9. A written decision, with the reasons for the decision, based solely on the evidence of
record issued in a timely fashion and including appeal rights and procedures;
10. Notice of any substantive and material action of the hearing panel in the course of the
proceedings;
11. Equality concerning communications, and no ex parte communication is permitted
between a party and any person involved in making a decision or procedural determination
except to provide explanations involving procedures to be followed.
Notification of Hearing
Determine when the hearing will be
Suggested 7–14 days
Send written letter of notification
Include specific charges
Include what range of punishments could be
Due process is not a luxury, it is a requirement
Hearings should not be held at the same time as
board meetings.
Selecting A Committee
The overall purpose is to provide a fair and
impartial hearing
Have Committee members who
have varying degrees of experience
The hearing Committee MUST be impartial
Have an odd number of voting panel members
If the Chair cannot guarantee a fair hearing
Contact the OASA D & A Chair for guidance
Hearing Preparation
Present copies to each panel member and
participant
Detail procedures and agenda
Room should be reasonably comfortable
Enough room for everyone
Equidistant from panel
Time should be considerate
Have copies of rules handy for reference
Hearing Procedures
The A&D Chair shall call the meeting to order
Introductions should be made detailing what everyone’s role will be
Chair will call for the name and position relative for all participants
Chair will note that proper decorum will be maintained throughout the proceedings
The charges will be stated and procedures for the hearing itemized inclusive of
time restrictions
The party alleging complaint will be allowed time for testimony from him/her self
and witnesses
Opposing party (or alleged violator) will be allowed equal time and opportunity
Committee members will be allowed time for questions and cross-examination
Both parties allowed equal time for closing statements and arguments
Chair will detail the time and place for the Committee to reach its final decision
Chair notifies all participants of the manner in which they will be notified of the
decision
Chair adjourns the hearing
Guidelines and
Recommendations
Take notes for reference
Equal time to opposing parties
Accused should be present during testimony
Hearsay and verbal testimony should not be
included in the decision
Remember the specific charge for which
you are there
Advise both parties of their appeal rights
Making a Determination
The punishment must fit the Offense
Avoid both ends of the spectrum
Run down the checklist
Severity, intent, effect, emotions
Does it fit?
Is it specific?
Be precise and specific
List rules and give examples
Decision Delivery
Must be written
Must show rules used and reasons for the
finding
Must show appeal rights
Must be timely
Suggested proof of delivery
Copy sent to OASA
Appeal Rights
Any time there is a hearing, there are appeal
rights up to USSF level
No one likes appeals to be upheld
Avoid simple errors
Don’t take them personally
Role of OASA D &A Committee
Comprised of Volunteers
To offer guidance and suggestions
Will not hover
Will serve as higher authority
Can aid in difficult hearings
We exist for you
So where’s the “A” to “Z”s?
Appeals
Bylaws
Committee
Determination
Equitable
Fair
Guidance
Hearing
Impartial
Justification
Knowledge
Letters
Merit
Notification
Order
Prove
Question
Requirement
Specific
Testimony
Unbiased
Validity
Written
Ex-parte