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AWSA Board Approves Bylaws Changes

At the meeting of the AWSA Board of Directors on January 25, 2020, the following changes were approved and they are being brought to your attention for review per Article XV Amendments of the AWSA Bylaws.

Changes to the AWSA Bylaws to update the required mandatory language pertaining to Article 13 of the Bylaws.

The USOC has just completed another compliance review of USA-WSWS, the NGB for our sport. After many communications back and forth on the USA-WSWS Bylaws and Policies & Procedures Manual, they have finally agreed on the final language for the NGB side of the equation. This resulted in there being a complete revision of the “Sport Discipline Bylaws Requirements Rev 4 8-19” document (Appendix II in the USA-WSWS Policies and Procedures Manual) that applies to all of the sport disciplines of USA-WSWS. We have replaced the old Article XIII Due Process and Appeals and Article XIV Grievance Procedure with the new language in Article XIII Complaint Procedures and renumbered the rest of the Articles to the end of the document.

Article XII word change
In Article XII – Suspension or Expulsion – in section B change the word “grievance” to “complaint”. 


ARTICLE XII - SUSPENSION OR EXPULSION

A    A member may be suspended or expelled for Unsportsmanlike conduct; any willful violation of AWSA, and/or any other Sport Discipline, and/or USA-WSWS rules or procedures; criminal or fraudulent acts; failure to pay indebtedness; or any other act which is contrary to the objectives and purposes of AWSA, USA-WSWS, IWWF and/or USOC.

B    Suspension or Expulsion may be appealed and/or a complaint filed to the AWSA per ARTICLE XIII and when the AWSA Board of Directors has made a final decision, then the resolution shall be referred directly to USA-WSWS and resolved in accordance with USA-WSWS Bylaws Article IX. The resolution must be passed by a two-thirds majority of the Board of Directors.

Article XIII – change name to “Complaint Procedures” and insert the mandatory language. New Article XIII.

ARTICLE XIII - COMPLAINT PROCEDURES
The American Water Ski Association/AWSA hereby adopts the following Policies and Procedures for all proceedings under the American Water Ski Association Bylaws Article XIII (Complaint Procedures). 

1.    Complaints.

The American Water Ski Association/AWSA shall have exclusive jurisdiction over complaints relating to the following:

a.    The application or interpretation of any of The American Water Ski Association rules of competition including administrative rules relating thereto;

b.    Any alleged or actual denial, or threat to deny, an individuals’ opportunity to compete or participate (including as an athlete, coach, manager or otherwise) in a USA-WSWS sanctioned competition or as a member of an official U.S. team designated to participate in international competition relating to The American Water Ski Association activities.

2.    Manner of Filing, Notice and Binding Nature of the Proceedings.

A complaint may be filed by any person who claims direct and actual harm as a result of the actions complained of. The complainant shall file a Complaint with the AWSA President, with a copy to all members of The American Water Ski Association Executive Committee, and also with a copy to the Executive Director of USA-WSWS.

The Complaint shall set forth in clear and concise language, preferably in numbered paragraphs: (i) the alleged violation, grievance, denial or threat to deny, and (ii) the remedy requested. The complainant shall sign the complaint.

Promptly following receipt of the Complaint, the President shall send a copy of the Complaint, together with all materials filed with the Complaint and any relevant documents otherwise in the possession of AWSA to the party(ies) against whom the Complaint has been filed (the “Respondent(s)”).

Following receipt of the Complaint, the Executive Committee shall promptly designate a Hearing Panel (which may be the Executive Committee itself) to investigate and decide the Complaint (subject to ratification or amendment of the Hearing Panel’s decision by the American Water Ski Association Board of Directors. The parties shall be given notice of the hearing panel appointees, and a reasonable opportunity to object to any hearing panel appointees because of any conflicts of interest or actual bias or prejudice. The Hearing Panel shall designate a chair to preside over all matters and hearings relating to the Compliant. If the Hearing Panel determines that any individual(s) not listed as either as a Complainant or Respondent are interested parties to whom notice of the proceedings (and an opportunity to be added or intervene as a party) should be given, the Hearing Panel Chair shall provide notice of the proceedings (which shall include a copy of the complaint and all other materials and relevant documents to the third-party(ies);  the third-party(ies) shall thereafter inform the Hearing Panel of their intent to participate in the proceedings within a time period established by the Hearing Panel, except that the proceedings shall continue even in the absence of any such third-party(ies) who do not give notice of their intent to participate. 

Throughout all such proceedings, all parties shall have the right to submit additional relevant documents for consideration by the Hearing Panel. Copies of all materials provided by any party, or any other communications, shall be provided to all other parties, and there shall be no ex parte communications between the parties and the Hearing Panel.  All parties, including any affected or intervening party, shall be eligible to participate fully in the proceedings, including any hearing.  All parties, including any affected or intervening party, shall be bound by the decision of the Hearing Panel, even if she/he chooses not to participate, subject only to the ratification or amendment of the Hearing Panel’s decision by the American Water Ski Association Board of Directors.

3.    Administration.

The Complaint and all proceedings relating thereto shall generally be administered consistent with the principles of due process for such proceedings as set forth in the USA-WSWS Bylaws and related Policies and Procedures.

The Hearing Panel shall provide a written report of its decision, and the basis therefor, to the American Water Ski Association President, with a copy to the Executive Committee and USA-WSWS Executive Director.  Upon receipt of the decision, the President shall present the decision at the next regularly scheduled meeting of the Board of Directors (or a special meeting of the Board of Directors, if determined necessary by the Executive Committee).  At that Board of Directors meeting, the interested parties (including any intervening third-party(ies)) shall have the opportunity to provide written and oral presentations as to why they believe the Hearing Panel’s decision should be ratified or amended, following procedures as established by the Executive Committee.  After considering the matter, the Board of Directors shall ratify the Hearing Panel’s decision or may (upon a two-thirds vote of the directors in attendance) amend the decision. The Board of Director’s decision may be made in writing, or may be made a part of the minutes of the meeting, and shall be deemed final when made, and the time for filing any appeal from the Board of Director’s decision shall commence when that decision is made. The President shall notify the interested parties (including any intervening third-party(ies)) of the decision of the Board of Directors.

4.    Appeals.

Any appeal from a decision of the American Water Ski Association Board of Directors resulting in any membership restriction, suspension or termination shall be sent to the USA-WSWS Judicial Committee in accordance with Article IX of the USA-WSWS’ Bylaws.

Any appeal from any other decision of the American Water Ski Association Board of Directors shall be through the appeals arbitration process established and maintained by the United States Olympic Committee.

5.    Other Complaints.


USA-WSWS shall have the sole and exclusive jurisdiction with respect to all other complaints, which shall be administered as set forth in Article IX of USA-WSWS’ Bylaws and related Policies and Procedures.

The amended AWSA Bylaws Rev 9 will become effective on March 28, 2020 unless a referendum is called for per Article XV F of the AWSA Bylaws.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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