Transcript Due Process Introductions • • • • • • Instructors How many of you are RCs? How many of you are ADs? How many of you are SDs? How many of.

Due Process
Introductions
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Instructors
How many of you are RCs?
How many of you are ADs?
How many of you are SDs?
How many of you are Regional Board Members?
How many of you are Area staff?
A Perspective on Due Process
…but we have to get it RIGHT!
AYSO
Disputes
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Due
Process
Course Goal
To provide Region, Area and Section
administrators with an understanding of the
procedures to use for due process and the
right of an individual to appeal when a NonExecutive Member’s activity in AYSO is limited,
suspended, or terminated.
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The Objectives
AYSO administrators (RC, AD, SD, others) will have:
• Awareness of the differences between Executive
and Non-Executive Members.
• Awareness of the tools available to properly
provide due process when it is necessary to
limit, suspend or terminate the involvement of a
Non-Executive Member from AYSO.
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“You Can’t Make This Stuff Up”
Please write on your paper about your situation
1) Overall summary of the situation
2) Who is involved (don’t use real names)
3) What happened (facts to tell the story)
4) Short Term Impact
5) Possible Long Term Impact
6) What actions were taken to resolve
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Who are Non-Executive Members?
Any volunteer who has a current
AYSO Volunteer Form on file with the
National Office
• RCA
• RRA
• Treasurer
• Safety Director
• CVPA
• Parents
• Players
• Snack Bar Guy
• Field Liner
• Many many more!
NOT RCs, ADs,
SDs, NBODs, or
Special Directors
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When is Due Process Offered?
• Limit, suspend, or terminate activity in AYSO
or any of its activities. “Non-Executive
Member”.
• When a negotiated voluntary solution cannot
be achieved, and sanctions are implemented to
protect your AYSO program.
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What is Due Process?
Due Process = Notice
+ Opportunity to be Heard
+ Must be FAIR
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Why Is Due Process Necessary?
• To ensure that all of the facts are identified
and reviewed, and fair consideration has been
offered to the member.
• To allow all parties the opportunity to tell
their side of the story.
• To avoid the possibility of disciplining an
innocent person.
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Why Is Due Process Necessary ?
• Who is “everyone” in the final outcome of a
difficult situation?
• The process constitutes an “internal
administrative proceeding” pursuant to
California administrative law. This process
will be referred to as a “review proceeding”
in this course.
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Did Someone
Say…
• LIMIT ACTIVITY
• SUSPEND ACTIVITY
• TERMINIATE ACTIVITY
• DISCIPLINE
• DUE PROCESS
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Seven Key Steps in Due Process
1. Fact-finding: Determine the facts using an
independent investigator.
2. RC determine how facts to be reviewed by one
of two options:
Option A – The RC issues sanctions with notice
of ability to have sanctions reviewed by DRP
Option B – A Disciplinary Review Panel
conducts the review
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Seven Key Steps in Due Process
3. The opportunity to be heard. The person(s)
involved need to tell their side of the story.
4. A decision is recommended to the RC –
no discipline, limit, suspend or terminate.
5. Written notification must be given to the
person regarding the decision.
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Seven Key Steps in Due Process
6. If limited, suspended or terminated, the
person has the right of appeal.
7. The appeal is limited to confirming that due
process was provided and that the sanction
was not arbitrary or capricious (grossly unfair
under the circumstances).
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Notice must be given if…
Your letter must
contain the following:
• Reason for sanction/discipline
• What sanctions are imposed
• Period of the sanction/discipline
• Offer DRP review of sanctions
• Remind DRP can recommend
greater sanctions
• Provide opportunity for
sanctioned member to provide
facts regarding situation
• Appropriate cc’s listed
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Delivery of Notice
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Time for response to the sanction letter
• Must be stated clearly in all letters sent
• Starts the day after you deliver the letter
• Refusal to accept the letter does not negate
the allowable time to respond, or the sanction
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Step 1 – Fact Finding
Find the facts…
Who can you use to help?
• Determine what type of situation you
have coaching, refereeing, player, etc.
• Enlist your board and CVPA to help
gather facts
• Do this fact finding in a timely manner
to be fair to the player or volunteer
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Step 2 option A – Review the Facts
Found two different ways
— #1:
The first way is that the RC conducts
initial review of all facts gathered and
issues sanctions subject to person’s ability
to have decision reviewed by a DRP.
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Step 2 option B – Review the Facts
Found two different ways — #2
• An odd number of disinterested people are appointed to a
Review Panel (DRP)
• The RC appoints somebody to facilitate the meeting who is not
directly involved
• Someone to take minutes/record the meeting
• Panel members are registered AYSO volunteers
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Gathering factual information
empowers the RC and Review Panel
• To ask “find out” questions
• To fully understand the events and
and history of the situation
• To realize the impact on the program
• To enable them to separate fact from
opinion during the review process
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D&R Panel Recommendations
Your letter must
contain the following:
• Reason for D&R Panel review
• What are the alleged violations
• Recommendations by the Panel
• Provide opportunity for
due process proceeding
• Appropriate cc’s listed
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Time for response to request due process
• Must be stated clearly in all letters sent
• Starts the day after you deliver the letter
• Refusal to accept the letter does not negate
the allowable time to respond, or the sanction
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Due Process Instruction Notice
Your letter must
contain the following:
• Date, Time, Location
• Bring any additional information
or witnesses
• When to arrive and where
• Cancellation notice if they will
not be able to make the meeting
• Time allowed to present their side
of the story, but only if there is an
issue regarding schedule of the
panelists or the meeting room
• Appropriate cc’s listed
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Step 3 – Our Story…Their Story…
Due Process is Requested
• An odd number of
disinterested people
• Appointed chairperson to
preside/facilitate
• Someone takes minutes or
record the review meeting
• The RC/AD/SD should not
attend the meeting…why?
Your program
due process administrative panel
should consist of the following:
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Share All Information with
The Review Panel &
The Subject Member
• Prior to the review meeting
• Allow additional information to be
presented at the review
Good and Not So Good…
Not so good
• Restaurant
• Personal Home
GOOD PLACES
• Private Office
• School
• Church
• Library
• Town Hall
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Provide enough time for each side
to present their information
• How many participants will speak?
• Allow a buffer between each side
• Ask each side if they have nay other information to the
present to resent to the review panel
• Record their answers in the meeting minutes
THIS IS A MUST! WHY?
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Step 4 – The Decision
The due process panel submits their recommendations
to the RC. RCs should not second guess the panel’s
decision unless they are sure that the recommended
sanctions don’t fit the wrongdoing.
— Arbitrary or Capricious —
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Step 5 – Notification of Decision
Your letter must
contain the following:
• Thank you for attending
• What sanctions are imposed
• Period of the sanction/discipline
• Restitution instructions
• Additional specifics requested
• Provide opportunity for
sanctioned member to request
an appeal to the next level EM
• Appropriate cc’s listed
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Step 6 – The Right to Appeal
Always copy your decision
to your next higher
administrative director
RC to AD, and AD to SD,
SD to Board Liaison
with the outcome of the
due process administrative
meeting just in case the
member wants
AN APPEAL
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Step 7 – The Appeal
• The Appeal is heard at the next administrative level (i.e. Region
to Area, Area to Section)
• The Appeal reviews the actual procedures used to ensure that
due process followed AYSO policies outlined in the AYSO
Reference Book.
• The Appeal ensures that the sanctions imposed are not
arbitrary or capricious.
• Only one appeal will be heard, and that decision is final.
Arbitrary or
Capricious
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Be prepared for an unhappy
volunteer. You might be a good
friend of the sanctioned member
which could put you in
A VERY UNCOMFORTABLE
SITUATION
The EYE Chart
AKA: The Due Process Flow Chart
A quick review.
This chart will help you to navigate quickly though
the process when you need it.
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Due Process and Appeal
The Due Process Flow Chart
– Grey: Fact-finding
– Pink: RC makes decisions
– Yellow: RC provides due process
– Green: Review Panel provides due process
– Blue: Appeal process
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Grey – Fact finding
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Yellow RC chooses
to provide
due process
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Green –
RC chooses to
have a Review
Panel conduct
review
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Blue The appeal
process by
the next
higher
program
administrator
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Trial Run – Group Activity
• In your groups you will now have the opportunity to
put into practice the steps of due process.
• Each group needs to select a leader to direct
discussions, and a scribe to report your efforts.
• There will be time for some of the groups to present
and explain their decisions, and show how they
followed the seven steps and due process.
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The Due Process Review
1. Fact-finding
2. Two options:
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RC conducts the review or
Review Panel
3. Opportunity to be heard
4. Recommendation to the RC
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no discipline… limit… suspend …or terminate
5. Written notification
6. Right of appeal
7. Appeal is reviewed by the AD to confirm due
process was provided
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Controlled Scenario
You are the Regional Commissioner of a large Region with many board
positions. One of the positions on the board is uniform coordinator,
held by a woman (Rachel Smart) with many years of successful service
to the Region. The Regional Coach Administrator approaches you with
a concern that the uniform coordinator may be ordering extra
uniforms for the Region and selling them to other organizations.
He says that a friend of his in a town about 100 miles away told him
that it was nice that AYSO would sell his soccer organization (not part
of AYSO) brand new uniforms at a greatly reduced price. For the past
three years this soccer club has purchased about 100 uniforms each
year directly through the uniform coordinator. You and the Regional
Coach Administrator know nothing of such sales.
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Thank you for attending!
The best result of any due process review is a
WIN — WIN
for all involved
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