The A to Z s of A & D A guide to conducting disciplinary hearings

Fair Hearings Member Associations 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

Member Association Responsibilities Member Associations should have their own A&D Committee Hearings held for: Coaches Players Spectators Assault and abuse go to NTSSA Exec Committee Referee Misconduct go to NTSSA A&D Committee Send report following the hearing to NTSSA

Misconduct Reports Can proceed without the referees report Conduct a hearing for any caution or ejection issued to a coach 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 NTSSA

Receiving a Complaint Must be in writing, not verbal Must be signed or identifiable Chairman determines validity Present a fair and impartial forum to bring closure to a complaint Only the A&D Chairman should have advanced notification Do not prove or disprove the allegation, only decide whether the complaint has enough merit to be heard

Keeping Totals Keep a tally sheet on every team Youth count cards 3 yellows = 1 game 5 yellows = 2 more games Adults and Amateurs count points 12 points = 1 game 18 points = 2 games Refer to NTSSA 3.11

Rights of the Parties Guaranteed by NTSSA 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 ones 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 Chairman cannot guarantee a fair hearing Contact the NTSSA A&D Chairman 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 Chairman shall call the meeting to order Introductions should be made detailing what everyones role will be Chairman will call for the name and position relative for all participants Chairman 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 Chairman will detail the time and place for the Committee to reach its final decision Chairman notifies all participants of the manner in which they will be notified of the decision Chairman 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 NTSSA

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 Dont take them personally

Role of NTSSA A&D Committee Comprised of members of local associations To offer guidance and suggestions Will not hover Will serve as higher authority Can aid in difficult hearings We exist for you

So wheres the A to Zs? 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 Youth