A&D 101 A Beginner’s Guide to understanding the A&D process

An Outline Grasping a different concept Grasping a different concept What defines Due Process What defines Due Process Why is Due Process important Why is Due Process important Receipt of complaint Receipt of complaint Notification of Hearing Notification of Hearing Selecting a committee Selecting a committee Hearing preparation and procedures Hearing preparation and procedures

Outline (continued) Hearing guidelines and recommendations Hearing guidelines and recommendations Reaching a determination Reaching a determination Notification of findings Notification of findings The right to appeal The right to appeal Review Review Questions Questions

Grasping the concept Fair hearings Fair hearings A listening to facts and evidence, for the sake of adjudication; a session of a court for considering proofs and determining issues A listening to facts and evidence, for the sake of adjudication; a session of a court for considering proofs and determining issues Members may set some rules Members may set some rules Not personally motivated Not personally motivated Is it presented or did you have to chase it? Is it presented or did you have to chase it? Err on the side of the accused Err on the side of the accused

Due Process Rights of the parties Rights of the parties Notice of all specific charges or alleged violations in writing and possible consequences if the charges are to be found true; Notice of all specific charges or alleged violations in writing and possible consequences if the charges are to be found true; Reasonable time between receipt of the notice of charges and the hearing within which to prepare a defense; Reasonable time between receipt of the notice of charges and the hearing within which to prepare a defense; The right to have the hearing conducted at a time and place so as to make it practicable for the person charged to attend; The right to have the hearing conducted at a time and place so as to make it practicable for the person charged to attend; A hearing before a disinterested and impartial body of fact finders; A hearing before a disinterested and impartial body of fact finders; The right to be assisted in the preparation of one’s case at the hearing; The right to be assisted in the preparation of one’s case at the hearing; The right to call witnesses and present oral and written evidence and argument The right to call witnesses and present oral and written evidence and argument

Due Process (continued) Rights of the parties (continued) Rights of the parties (continued) The right to confront witnesses, including the right to be provided the identity of witnesses in advance of the hearing if requested; The right to confront witnesses, including the right to be provided the identity of witnesses in advance of the hearing if requested; The right to have a record made of the hearing if requested in advance, with all costs to be paid by the requestor; The right to have a record made of the hearing if requested in advance, with all costs to be paid by the requestor; 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; 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; Notice of any substantive and material action of the hearing panel in the course of the proceedings; Notice of any substantive and material action of the hearing panel in the course of the proceedings; 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. 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.

The Importance of Due Process This defines due process and is the largest single reason for appeals both in NTSSA and the USSF This defines due process and is the largest single reason for appeals both in NTSSA and the USSF This is the most important! This is the most important! Guaranteed by NTSSA and USSF Guaranteed by NTSSA and USSF Learn these and let them guide your hearings Learn these and let them guide your hearings

Receipt of Complaint Must be in writing Must be in writing Complaining party must be identifiable Complaining party must be identifiable Can not be hearsay Can not be hearsay Don’t investigate Don’t investigate Understand the difference between a legitimate gripe and a legitimate complaint Understand the difference between a legitimate gripe and a legitimate complaint

Hearing Notification Needs to be in writing Needs to be in writing Allow ample time to prepare a defense Allow ample time to prepare a defense Allow reschedules when appropriate Allow reschedules when appropriate Don’t discuss the upcoming hearing Don’t discuss the upcoming hearing Detail the charges Detail the charges Include all possible rule violations Include all possible rule violations Include possible sanctions Include possible sanctions

Hearing Notification (continued) The letter must include the following: The letter must include the following: A statement of the reason for the hearing with all specific charges or alleged violations in writing and possible consequences if the charges are to be found true A statement of the reason for the hearing with all specific charges or alleged violations in writing and possible consequences if the charges are to be found true A copy of the primary complaint against the accused A copy of the primary complaint against the accused The time, date, and place of the hearing The time, date, and place of the hearing An outline of the procedures with who will be allowed to testify and any time limits to be imposed An outline of the procedures with who will be allowed to testify and any time limits to be imposed A date by which any written testimony is to be received A date by which any written testimony is to be received

Panel Selection Make sure the panel is impartial Make sure the panel is impartial Have varied degrees of experience Have varied degrees of experience Try to have an odd number of voting panel members Try to have an odd number of voting panel members Is the perception the committee is “stacked” or “fair”? Is the perception the committee is “stacked” or “fair”?

Hearing Preparation All parties should have copies of the same information All parties should have copies of the same information Make the time and place appropriate Make the time and place appropriate Ensure the settings are comfortable Ensure the settings are comfortable Ensure the room conveys fairness and impartiality Ensure the room conveys fairness and impartiality Detail the procedures to be followed Detail the procedures to be followed

Hearing Procedures Make introductions and take attendance Make introductions and take attendance Review the charges Review the charges Allow equal time and opportunity Allow equal time and opportunity Include time for questions Include time for questions Detail when and how the committee will render a decision Detail when and how the committee will render a decision Above all, be fair Above all, be fair Adjourn the hearing Adjourn the hearing

Recommendations Take personal notes, not minutes Take personal notes, not minutes Even if a record is being made Even if a record is being made Limit time rather than a number of people who can speak Limit time rather than a number of people who can speak Accused should always be present Accused should always be present Insist on proper decorum Insist on proper decorum Keep the hearing on task Keep the hearing on task Advise parties of their appeal rights Advise parties of their appeal rights

Making a Decision Don’t be too hard or too soft Don’t be too hard or too soft Does the punishment fit the offense? Does the punishment fit the offense? Is the decision to teach or to ban? Is the decision to teach or to ban? Detail your findings (tell why) Detail your findings (tell why) Define any parameters of suspension or probation Define any parameters of suspension or probation Reference local rules for guidance Reference local rules for guidance

Decision Notification Must be in writing and include: Must be in writing and include: Decision of Committee Decision of Committee Rules applied to reach the decision Rules applied to reach the decision Appeal rights including fee, time frame for filing, and method of appeal Appeal rights including fee, time frame for filing, and method of appeal Send a copy to NTSSA Send a copy to NTSSA Even if the decision is given verbally it must be followed up in writing Even if the decision is given verbally it must be followed up in writing

The Right to Appeal No one likes to have their decision overturned No one likes to have their decision overturned All parties have the right to appeal All parties have the right to appeal Check your bylaws for next step in appeal rights Check your bylaws for next step in appeal rights Clock starts when they receive the decision Clock starts when they receive the decision Differentiate appeals and protests Differentiate appeals and protests