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USA-WSWS Board Approves Bylaws Changes

At the meeting of the USA-WSWS Board of Directors on January 26, 2020, the following changes were approved and are being brought to your attention for review per Article XI Amendments of the USA-WSWS Bylaws.

RATIONALE: Article IX has been re-written to meet the standards required by USA-WSWS and the USOC and the language will apply the standards, while all of the operational policies and procedures for the application of the standards have been placed in the Policies and Procedures Manual Rev 21, Appendix 1 Policies and Procedures for Proceedings Under USA Water Ski & Wake Sports Bylaws Article IX (Complaint and Appeal Procedures)

ARTICLE IX COMPLAINT AND APPEAL PROCEDURES

A.    The following types of complaints and appeals (Claims) may be filed with USA-WSWS:

1.    Complaints under USA-WSWS’ SafeSport Policy;

2.    Complaints alleging:

(a)    a violation of (i) any USA-WSWS rule or regulation, (ii) any provision of the USA-WSWS’ Bylaws, or (iii) any provision of the Ted Stevens Olympic and Amateur Sports Act relating to USA-WSWS’ recognition as a National Governing Body, but specifically excluding Complaints over which a USA-WSWS Sport Discipline has exclusive jurisdiction pursuant to the Sport Discipline’s Bylaws;

(b)    that any athlete, coach, trainer, manager, administrator, or official, has allegedly been denied, or threatened with the denial, with that individual’s opportunity to compete or participate in a USA-WSWS sanctioned competition or as a member of a USA-WSWS team.

(c)    Complaints under this sub-section may only be filed by persons who are directly affected by the action complained of, or their designated representative(s).

3.    A Claim of Appeal from decisions reserved to a USA-WSWS Sport Discipline. Appeals under this sub-section may only be filed by persons who are directly affected by the action complained of, or their designated representative(s).

B.    Jurisdiction for claims arising under USA- WSWS’ SafeSport Policy shall be as follows:

(a)    The U.S. Center for SafeSport shall have the exclusive jurisdiction over sexual issues arising under USA-WSWS’ SafeSport Policy;

(b)    The U.S. Center for SafeSport and the USA-WSWS Judicial Committee shall have concurrent jurisdiction over all other issues arising under USA-WSWS’ SafeSport Policy, except that the Judicial Committee’s jurisdiction as to any such issue shall be secondary to (and the Judicial Committee shall defer to) any exercise of jurisdiction by the U.S. Center for SafeSport.

(c)    The Judicial Committee shall have jurisdiction over all other claims.

C.    The Board shall adopt policies and procedures implementing the provision of this Article IX (see Appendix I), which shall (i) provide procedures for the prompt and equitable resolution of Complaints and Appeals, (ii) provide for fair notice and an opportunity for a hearing to the parties (including athletes, coaches, trainers, managers, administrators and officials before declaring them ineligible to participate and/or before suspending a member on a provisional or permanent basis); and (iii) require at least 20% athlete representation on any hearing panel.

D.    All Complaints or Claims of Appeal shall be subject to the following filing fees, which shall be paid to USA-WSWS at the time of the initial filing:

(a)    Complaints under USA-WSWS SafeSport Policy:  No filing fee shall be required.

(b)    All other Complaints and Claims of Appeal shall be subject to a $250 filing fee, except that (i) USA-WSWS and its Sport Disciplines shall not be required to pay a filing fee; and (ii) all other complainants or appellants may request that the filing fee be reduced or waived for reasons of significant financial hardship or other circumstances justifying such a waiver, with the Judicial Committee determining whether or not to reduce or waive the filing fee. 

E.    Any party may appeal a decision of the Judicial Committee’s Hearing Panel to the American Arbitration Association, with the appealing party being responsible for the payment of all filing fees and costs for those proceedings.  The arbitrator appointed by the American Arbitration Association shall have the authority to hear the matter anew, or may by agreement of the parties render a binding decision based on a more limited review.  Any party to a Claim may appeal the decision of the Hearing Panel pursuant to this provision.  The arbitrator may give whatever weight or authority to the Hearing Panel’s decision as the arbitrator deems appropriate.

F.    The final decision rendered as to any Claim, or through the USOC Code of Conduct or Section 9 Procedures and/or by the USOC/American Arbitration Association on a Complaint, Claim or Appeal or other Disciplinary Action involving a member is a binding decision, and shall apply to his/her membership in all of the Sport Disciplines of USA-WSWS.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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