4 AAC Orientation Module AAC Policies & ProceduresOverview of AAC Bylaws and Procedures that provides a quick ramp up on general processes and procedures of the AACClick here to open the AAC Policies and Procedures document
5 AAC Orientation Module AAC Policies & Procedures – Org StructureAACChair& LeadershipTask Forces and CommitteesASCUSOC BoardUSADA BoardPACIFIOC/IPCArticle IX/X PanelsOlympic Association LiaisonTaskforcesOlympic Foundation
6 AAC Orientation Module Parliamentary Procedure and Robert's Rules
7 AAC Orientation Module Parliamentary Procedure and Robert's RulesRobert's Rules of Order Newly Revised, 11th edition (2011) - the following is a summary of the key rules and procedures for AAC meetingsParliamentary procedure refers to the rules of democracy—that is, the commonly accepted way in which a group of people come together, present and discuss possible courses of action, and make decisionsFundamentally, parliamentary procedure defines how groups of people, no matter how formal or informal, can most effectively meet and make decisions in a fair, consistent manner—and make good use of everyone's time
8 AAC Orientation Module Parliamentary Procedure and Robert's RulesDuring USOC AAC meetings,AAC members can make a motion in order to take action or a stand on an issueCall to orderSecond motionsDebate motionsVote on motions
9 Parliamentary Procedure and Robert's Rules How are motions presented?Obtaining the floorWait until the last speaker has finishedRise and address the ChairmanWait until the Chairman recognizes youMake your motionSpeak in a clear and concise mannerAlways state a motion affirmatively. Say, “I move that we…” rather than, “I move that we do not…”.Avoid personalities and stay on your subjectWait for someone to second your motionAnother member will second your motion or the Chairman will call for a secondIf there is no second to your motion, it is lost
10 Parliamentary Procedure and Robert's Rules How are motions presented? (cont.)The Chairman states your motionThe Chairman will say, "it has been moved and seconded that we ..." Thus placing your motion before the council for consideration and action.The council then either debates your motion, or may move directly to a vote.Once your motion is presented to the council by the chairman it becomes "assembly property", and cannot be changed by you without the consent of the members.Expanding on Your MotionThe time for you to speak in favor of your motion is at this point in time, rather than at the time you present it.The mover is always allowed to speak first.All comments and debate must be directed to the chairman.Keep to the time limit for speaking that has been established.The mover may speak again only after other speakers are finished, unless called upon by the Chairman.Putting the Question to the MembershipThe Chairman asks, "Are you ready to vote on the question?"If there is no more discussion, a vote is taken.On a motion to move the previous question may be adapted.
11 Parliamentary Procedure and Robert's Rules Voting on a motionThere are 3 methods of voting used by the AAC, they are:By Voice -- The Chairman asks those in favor to say, "I", those opposed to say "no".By Division -- This is a slight verification of a voice vote. It does not require a count unless the chairman so desires. Members raise their hands or stand.By Ballot -- Members write their vote on a slip of paperThere are two other motions that are commonly used that relate to voting:Motion to Table - is a motion to retire the topic under discussion without further debate. Essentially, the motion defeats the topic under discussion, since it cannot be brought up again, and the motion itself is not open to debate.Refer to committee or task force - if a motion needs to be discussed much more informally or at greater length than is possible in a regular meeting, Robert's Rules allows you to refer the motion to a committee.
13 Ted Stevens Olympic and Amateur Sports Act What does the Act define?Amateur Athlete - an athlete who meets the eligibility standards of an NGB or PSO for the sport in which he/she competesAmateur Athletic Competition - a contest, game, meet, match, tournament, regatta or other event in which amateur athletes competeAmateur Sports Organization - a non-profit corporation, association, or other group organized in the United States that sponsors or arranges amateur athletic competition(s)Corporation - United States Olympic Committee (USOC)International Amateur Athletic Competition - an amateur athletic competition between one or more athletes representing the United States, individually or as a team, and one or more athletes representing a foreign countryNational Governing Body (NGB) - an amateur sports organization recognized by the Corporation under the ActParalympic Sport Organization - an amateur sports organization recognized by the Corporation under the ActSanction - a certificate of approval issued by a NGB.
14 Ted Stevens Olympic and Amateur Sports Act How does the Act define the purposes of the USOC?The Purposes of the USOC (Corporation) are-To establish goals for amateur athletic activities and encourage attainment of those goalsTo coordinate and develop amateur athletic activity in the United States, directly related to international amateur athletic competition, and to foster productive working relationships among sports-related organizations,To exercise exclusive jurisdiction/authority, directly or through constituent members of committees over-All matters related to United States participation in the Olympic/Paralympic Games and the Pan-American Games, including representation of the United States in the games, andOrganization of the Olympic/Paralympic Games and Pan-American Games, when held in the United States
15 Ted Stevens Olympic and Amateur Sports Act How does the Act define the purposes of the USOC (continued)?To obtain for the United States, directly or by delegation to the appropriate NGB, the most competent athletes possible in each event of the Olympic/Paralympic Games and Pan-American GamesTo promote and support international amateur athletic activities/competitionsTo promote and encourage physical health and fitness and public participation in amateur athletic activitiesTo assist organizations and persons in the development of amateur athletic programsTo provide resolution of conflicts and disputes involving amateur athletes, NGBs, and amateur sport organizations, and to protect the opportunities of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition
16 Ted Stevens Olympic and Amateur Sports Act How does the Act define the purposes of the USOC (continued)?To foster the development of amateur athletic facilities and to make existing facilities available for use by amateur athletesTo provide and coordinate technical information on physical training, equipment design, coaching and performance analysisTo encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safetyTo encourage and provide assistance to amateur athletic activities for womenTo encourage and provide assistance to amateur athletic programs and competition for amateur athletes with disabilities, including, where feasible, the expansion in programs of meaningful participation by such athletes in programs of athletic competition for able-bodied amateur athletes, andTo encourage and provide assistance to amateur athletes of ethnic and racial minorities
17 Ted Stevens Olympic and Amateur Sports Act What are the Powers Delegated to the USOC with Respect to Amateur Athletics and Olympic/Paralympic Games?The USOC may:Serve as the coordinating body for amateur athletic activity in the United States directly related to international competition;Represent the United States as its national Olympic Committee in relations with the IOC and Pan-American Sports Organization, and its national Paralympic Committee in relations with the IPC;Organize, finance, and control the representation of the United States in competitions and events of the Olympic/Paralympic Games, and the Pan-American Games, and obtain, directly or by delegation to the appropriate NGB, amateur representation of those games;Recognize eligible amateur sports organizations as NGBs for any sport that is included on the program of the Olympic Games or Pan-American Games, or as a PSO for any sport that is included on the program of the Paralympic Games;
18 Ted Stevens Olympic and Amateur Sports Act What are the Powers Delegated to the USOC with Respect to Amateur Athletics and Olympic/Paralympic Games?Facilitate the resolution of conflicts or disputes involving any of its members and any amateur athlete, coach, trainer, manager, administrator, official, NGB, or amateur sports organization, that arises in connection with their eligibility for participation in the Olympic/Paralympic Games, Pan-American Games, World Championship competition, the Pan-American World Championship, or other protected competition;Provide financial assistance to any organization or association, except a corporation organized for profit, in furtherance of the purpose of the USOC.
19 Ted Stevens Olympic and Amateur Sports Act Other important facts about the Act:The Act grants the USOC exclusive right to use:The name “United States Olympic Committee”the symbol of the five (5) interlocking rings, the symbol of IPC, consisting of three (3) Tai-Geuks, or the symbol of the Pan-American Sports Organization, consisting of a torch surrounded by the concentric rings;the emblem of the corporation, consisting of an escutcheon having a blue chief and vertically extended red and white bard on the base with fiver interlocking rings displayed in chief; andthe words: “Olympic,” “Olympiad,” “Citius Altius Fortius,” “Paralympic,” “Paralympiad,” “Pan-American,” “America Espirito Sport Fraternite,” or any combination of those words.The Act also mandates that members of the USOC be represented by:An Athlete Advisory CouncilAn NGB Council, andThe employment of and procedures for the selection of an Athlete’s Ombudsman
21 USOC Bylaws USOC Bylaws Overview The current USOC Bylaws can be found at:Section 1: Names, Officers, and DefinitionsThis section covers the name of this organization, the office, where it is located, and definitions as used in these bylawsSection 2: The MissionMission statement and purpose of the mission.Section 3: The Board3.1 The business and affairs of the corporation shall be overseen by the board.3.2 Composition and voting of the board.3.3 AAC and NGB Council nominated Directors.3.4 Independent from the corporation two years preceding commencement.3.5 Selection from the board3.6 Terms for Directors3.7 Qualifications3.8 Resignations/Vacancies/RemovalMeetings
22 USOC Bylaws USOC Bylaws Overview Section 4: Officers 4.1 Number and Qualifications4.2 Elections, Chair, CEO, Secretary, Treasurer4.3 Vacancies4.4 Authority and Duties of OfficersSection 5: Committees and Task Forces5.1 Standing Committees5.2 Other Committees and Task Forces5.3 Audit Committee, appointments, terms, responsibilities, meetings5.4 Compensation committee, appointment and composition, term, responsibilities, meetings5.5 Ethics Committee, appointments and composition, term, responsibilities, meetings5.6 Nominating and governance committee, appointment and composition, term, responsibilities5.7 General Board committee powers/requirements5.8 Resignation and RemovalSection 6: CEO6.1 Employment6.2 Management Responsibilities6.3 Official Notices6.4 ServiceThe current USOC bylaws are under review by relevant parties in the Olympic Movement
23 USOC Bylaws USOC Bylaws Overview Section 7: The Olympic and Paralympic Assembly7.1 Purpose and attendance7.2 Development of Assembly content and format7.3 Information to assembly attendees7.4 Communications with the board7.5 Board and Council meetingsThe current USOC bylaws are under review by relevant parties in the Olympic MovementSection 8: Members8.1 Board authority8.2 Membership requirements8.3 Olympic sport organizations8.4 Pan American sport organizations8.5 Designation to Govern a Paralympic Sport8.6 Paralympic sport organization8.7 NGB and PSO membership requirements8.8 Athlete Representation on NGB boards and committees8.9 Community based multisport organizations8.10 Education based multisport organizations8.11 Armed Forces organizations8.12 Recognized Sport Organizations8.13 Other Sport Organizations8.14 US Olympians Associations8.15 Dues8.16 Attendance at the Olympic and Paralympic Assembly8.17 Publication of members8.18 General procedures applicable to membership matters8.19 Applications for membership8.20 Termination of NGB and PSO Membership and recognition
24 USOC Bylaws USOC Bylaws Overview Section 9 : Athletes Rights 9.1 Opportunity to participate9.2 Filing a complaint9.3 The complaint9.4 Failure to properly file9.5 Administration9.6 Action by the corporation9.7 Arbitration9.8 Affected parties9.9 Expedited procedures9.10 Time bar9.11 Anti Doping Violations9.12 Field of play decisions9.13 Complaints regarding complianceThe current USOC bylaws are under review by relevant parties in the Olympic MovementSection 10: Complaints of Non Compliance against an NGO or PSO10.1 Manner of filing the complaint10.2 The complaint10.3 Filing fee10.4 Failure to properly file10.5 Administration10.6 Hearing Panel10.7 Communication with the hearing panel10.8 Mediation10.9 Conduct the proceeding10.10 Time computation10.11 Exhaustion of Remedies10.12 Motion to Dismiss10.13 Answer10.14 Preliminary Hearing10.15 Exchange of information10.16 Recording the proceedings10.17 Hearing10.18 Decision10.19 Action of the board10.20 Probation10.21 Arbitration
25 USOC Bylaws USOC Bylaws Overview Section 11: Application to Replace an NGB or PSO11.1 Manner of filing Application11.2 Multiple applications11.3 Filing period11.4 Application11.5 Filing Fee11.6 Failure to properly file11.7 Administration11.8 Hearing Panel11.9 Communication with hearing panel11.10 Mediation11.11 Conduct of the proceeding11.12 Time computation11.13 Motion to dismiss11.14 Answer11.15 Preliminary hearing11.16 Exchange of information11.17 Recording the proceedings11.18 Hearing11.19 Decision11.20 Action of the board11.21 Probation11.22 Arbitration11.23 Replacement of NGB or PSOSection 12: Code of Conduct for Volunteers, Staff and Members12.1 Code of conduct12.2 Affirmative Obligation to promote ethical conduct12.3 Written standards12.4 Compliance officer12.5 Education and training12.6 Effective communication12.7 Monitoring12.8 Investigation12.9 Reporting Systems12.10 Member organizations and bid cities Section 13: Athlete Ombudsman13.1 Confidential information13.2 Privilege13.3 Exceptions to privilegeThe current USOC bylaws are under review by relevant parties in the Olympic Movement
26 USOC Bylaws USOC Bylaws Overview Section 14: Athlete Advisory Council and Athlete Representation14.1 Composition14.2 Operation14.3 Term14.4 Athlete Representation on boards and committees14.5 Qualifications14.6 NGB Election procedures Section 15: National Governing Bodies Council15.1 Composition15.2 Term15.3 Operation Section 16: Multisport Organization Council16.1 Composition16.2 Term16.3 OperationSection 17: Indemnification17.1 Indemnification17.2 Determination of payment17.3 Advance payment of litigation expenses17.4 Other rights17.5 InsuranceSection 18: Organization of Olympic, Paralympic, and Pan American Games in the United States18.1 Games organization18.2 Bid procedure Section 19: Olympic, Paralympic and Pan American Games-related matters19.1 Chef de Mission19.2 Games administrative board19.3 Games trials19.4 Former Olympic teamsThe current USOC bylaws are under review by relevant parties in the Olympic Movement
27 USOC Bylaws USOC Bylaws Overview Section 20: Financial Matters 20.1 Fiscal year20.2 Accounts, books, minutes20.3 Financial audit20.4 Conveyances and encumbrances20.5 Designated contributions20.6 Loans to directors and the chair, prohibited20.7 Individual liabilitySection 21: Irrevocable Dedication and Dissolution21.1 Charitable Purposes21.2 DissolutionThe current USOC bylaws are under review by relevant parties in the Olympic MovementSection 22: Miscellaneous22.1 Severability and headings22.2 Saving ClauseSection 23: Amendments of the Bylaws23.1 Amendments23.2 Proposed amendments
29 AAC/NGB Communication OverviewThe AAC Representative provides a direct link between athletes and their respective NGBs.AAC Representatives should be members of their NGB Board of Directors. Additionally, NGBs may have established internal AACs which the AAC rep should also be a member of.The AAC Rep must have open and direct communication with their Executive Director/CEO as well as members of their Board of Directors.AAC reps should assist in conflict resolution between athletes and NGB by adhering to the suggested Best Practices Guidelines, Athlete Concern Form, and the Ombudsman
30 AAC/NGB Communication Athletes addressing concerns with their NGBs shouldAttempt to create mutual understanding and agreement rather than litigationFacilitate direct communication between athlete and NGBTalk with athlete reps (use report form as guideline)Contact Athlete OmbudsmanHave the ability to file a grievance with NGBHave the ability to file a Section IX or Section X Complaint with USOC
31 AAC/NGB Communication Use of the Athlete OmbudsmanAthletes and NGBs should be aware that the Ombudsman is an available resourceIs for conflict resolution between athletes, NGBs and other partiesNGBs will schedule at least one meeting per quadAAC reps will make sure their athletes are aware of the OmbudsmanNGBs may find it useful to consult with Ombudsman when crafting selection procedures and commercial terms agreementsFor additional information on Athlete Rights see:
32 AAC/NGB Communication Athlete Concerns/GrievancesFor more information on the “3 step Grievance process” including the Section 9 Complaint Form see the Grievances section under the Athlete Ombudsman website on TeamUSA.org:Twitter.com/USOComnsbudsman or
36 Athlete Service Coordinators Overview What is an Athlete Service Coordinator (ASC)?Athlete Service Coordinators serve as support for athletes at USOC sponsored events (Olympics, Paralympics, Pan American, Para Pan American, and other Operation Gold designated events)ASC Duties:The ASCs are the “go-to” people for US athletes and liaisons between participating athletes and the USOC and NGBs.Among many other things, the ASCs conduct flag bearer elections and manage Athlete Services Office which includes developing a process to distribute event tickets and guest passes
37 Athlete Service Coordinators Overview Some of the qualifications to be an ASC:Must be within the 10-year ruleHave a good understanding of AAC bylaws and athletes rightsStrong interpersonal skills and team-builderSelection process:Self nominationElected by Athlete Advisory council through ASC Selection Task Force procedure described in AAC Bylaws, VI. A.1.
39 Olympic/Pan Am Selection Procedures Manual OverviewThe USOC Selection Procedures Manual shall be used for the Olympic, Paralympic, Pan American and Para Pan American Games. The October 2011 version is in effect until revised by the USOC. Please note there are separate Athlete and Staff Selection Procedure Forms for the Youth Olympic Games.
40 Olympic/Pan Am Selection Procedures Manual ResponsibilitiesThe USOC has placed considerable emphasis on how U.S. athletes and Games Staff are selected. This emphasis is reflected in how NGBs (National Governing Bodies)/PSOs (Paralympic Sport Organizations) are funded and/or supported through USOC resourcesThe NGB/PSO is responsible for creating selection procedures that are performance-oriented, fair, equitable and clearly writtenThe approved selection procedures should be published well in advance of the selection process (as defined below) and take into consideration any possible precautions for reducing potential arbitration issues arising from the selection process
41 Olympic/Pan Am Selection Procedures Manual Process OverviewUSOC Sport Performance with assistance from USOC Legal and International Games is responsible for assisting NGBs/PSOs with questions pertaining to the Selection Procedures processOnce the NGB/PSO has completed writing its Selection Procedures, the document is to be submitted to the NGB’s/PSO’s Sport PerformanceRepresentatives of the NGB/PSO should be present or call in for the meeting with the Team Selection Working Group (TSWG), consisting of USOC Sport Performance, Legal and International Games’ staff to review all selection procedures submitted to the USOC. The USOC will notify the NGB/PSO in writing once the selection procedures are approved
42 Olympic/Pan Am Selection Procedures ManuaL Athlete InvolvementWhen developing Athlete and Staff Selection Procedures, NGBs/PSOs must involve input from and include at least 20% athlete representation from NGB/PSO athletes who meet the definition of “athlete representative” as defined by USOC Bylaws, Section (http://www.teamusa.org/Footer/Legal/~/media/872CB2DC0F9D45EB97670AF14F0BE7C3.ashx)The athletes identified by the NGB/PSO to be involved in providing input on the Selection Procedures do not have to be the USOC AAC Representative, but additional input is also encouraged by the NGB’s/PSO’s USOC AAC Representative, if he/she is not already involvedThe NGB’s/PSO’s USOC AAC Representative is required to sign and date the Athlete and Staff Selection Procedures in the signature area of the Selection Procedures Form. Signature by the AAC Representative constitutes that he/she has read and understands the Selection Procedures. If the AAC Representative reads and does not agree with the Athlete or Staff Selection Procedures being submitted by the NGB/PSO, he/she may submit those reasons in writing to his/her Sport Performance Team
44 Paralympic Content Background For further information, please visit:The International Paralympic Committee (IPC) is the international governing body of the Paralympic Movement. The IPC organizes the Summer and Winter Paralympic Games, and serves as the International Federation for nine sports, for which it supervises and coordinates the World Championships and other competitions. The IPC is committed to enabling Paralympic athletes to achieve sporting excellence and to developing sport opportunities for all persons with a disability from the beginner to elite level. In addition, the IPC aims to promote the Paralympic values, which include courage, determination, inspiration and equality.Founded on 22 September 1989, the IPC is an international non-profit organization formed and run by 170 National Paralympic Committees (NPCs) from five regions and four disability specific international sports federations (IOSDs). The IPC Headquarters and its management team are located in Bonn, Germany. The organization has a democratic constitution and structure, made up of elected representatives.The word "Paralympic" derives from the Greek preposition "para" ("beside" or "alongside") and the word "Olympics" (the Paralympics being the parallel Games to the Olympics).
45 Paralympic Content Governance The International Paralympic Committee (IPC) is governed by the IPC Handbook. The Handbook is similar to the “Olympic Charter” for the IOC. The Handbook can be found on the IPC website:A list of commonly used acronyms in the Paralympic movement can be found on this link:All of the governance documents for all the various standing committees and councils can be found in the handbook under section 1.The IPC AC bylaws can be found at this link:The IPC AC Appendix for the election of the Chair and Vice Chair persons can be found on this link:IPC codes, policies, and official position statements can be found under section 2 of the handbook.
46 Paralympic Content Organizational Structure This link will bring you to an organizational chart of the IPCFrom here you will be able to drill down further into the structure of the organization. Including the IPC Athletes Council.To learn more about the various sports and how they are governed from a Paralympic perspectiveSpecific reference to sports which the IPC governs as the International Federation can be found here:
47 Paralympic Content Further Reference IPC Publications and Documents, including annual reports, style guide, classification code can be linked from this IPC websiteThe IPC Media Center and archives can be found from this link:
49 History of the AACPrior to the 1972 Olympic Games in Munich, U.S. Athletes began questioning governance decisions such as how the team flag bearer was elected. Responding to the inquiries, then U. S. Olympic Committee Executive Director, F. Don Miller, arranged for a meeting in Munich for the team captains to hold the first election of a USA flag bearer for an Olympic Games. At the Sullivan Awards that followed, a number of Athletes who have been in Munich, were again together and expressed the need to have a real voice in governance of sport in the USA. Don Miller provided the resources for athletes to meet.The first AAC (1973) pre-dated the passage of the Amateur Sports Act. They were a start-up with no formal structure within the USOC, no internal structure within their own organization and voice but no vote at the Board of Directors meeting.In 1975, President Ford organized the President’s Commission on Olympic Sport, which led to Congress passing legislation in 1978 called the Amateur Sports Act giving athletes both voice and vote in the governance process of Olympic Sport.In 1998, the United States Congress amended the Amateur Sports Act, renaming it the Ted Stevens Olympic and Amateur Sports Act (TSOASA), after the Senator who sponsored the bill. The amended Act strengthened the role of athletes in the Olympic family it now includes, by name, the athlete commission and its voting strength.The Act states: “In its constitution and bylaws, the Corporation shall establish and maintain provisions with respect to its governance and the conduct of its affairs for reasonable representation of. amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition with the preceding 10 years, including through provisions which-establish and maintain an Athletes’ Advisory Council composed of, and elected by, such amateur athletes to ensure communication between the corporation and such amateur athletes; and ensure that the membership and voting power held by such amateur athletes is not less than 20 percent of the membership and voting power held in the board of directors and in the committees and entities of the corporation. The revisions to the Amateur Sports Act also created the Athlete Ombudsman position.
51 Case Overview of Sec 9/Sect 10 arbitrations Section 9 Case ReviewIntroduction The Amateur Sports Act was passed in 1978 in response to arbitrary regulations and conflicts between the NCAA, AAU, and USOC which were negatively impacting America’s Olympic athletes. One goal of the Act was to correct the practice of organizations arbitrarily denying or threatening to deny athletes’ right to participate in "protected competition." To fulfill the requirement in the Act for the swift and equitable resolution of disputes, the USOC adopted Section 9 in its bylaws titled, “Athletes’ Rights.” “Athlete” is defined under Section 9 to include any coach, trainer, manager, administrator, or other official. Disputes are subject to final and binding arbitration through the American Arbitration Association (AAA). Who is or may be covered by Section 9, and what kinds of disputes are usually brought to, and resolved in, arbitration are important facts that AAC members can draw upon to help resolve potential conflicts and disputes before they escalate to arbitration. Who: Filing a Section 9 complaint. Any athlete, coach, trainer, manager, administrator, or other official can file a claim.
52 Case Overview of Sec 9/Sect 10 arbitrations Section 9 Case Review (cont.)What: “Protected competition.” What is a protected competition is a fact-based question determined by an arbitrator. Despite not meeting all of the attributes cited in the rule below, an arbitrator has found that a competition was "protected." The Olympic Games, the Pan American Games, the Paralympic Games, a World Championship competition or (1) any amateur athletic competition between any athlete or athletes, officially designation by the appropriate NBG or PSO as representing the United States, either individually or as part of a team and any athlete or athletes representing any foreign country where (i) the terms of competition require that the entrants be teams or individuals representing their respective nations and (ii) the athlete or group of athletes representing the United States are organized and sponsored by the appropriate NGB or PSO in accordance with a defined selection or tryout procedure that is open to all and publicly announced in advance, except for domestic amateur athletic competition, which by its terms, requires that entrants be expressly restricted to members of a specific class of amateur athletes such as those referred to in Section (a) of the Act; and (2) any domestic amateur athletic competition or event organized and conducted by an NGB or PSO in its selection procedure and publicly announced in advance as a competition or event directly qualifying each successful competitor as an athlete representing the United States in a protected competition as defined in 1) above.
53 Case Overview of Sec 9/Sect 10 arbitrations Section 9 Case Review (cont.)When: Time Bar. A claim against respondent (generally the NGB) must be filed with the AAA not later than six months after the alleged date of denial.Selection CriteriaArbitrator – has the authority to determine whether the athlete had a fair opportunity to be nominated for selection, and whether the NGB fairly established and rationally applied its selection criteria.Standard: Athlete has the burden of proving that either there is no rational basis for the NGB’s criteria for selecting nominees, or that the criteria, if rational, were not followed or were applied arbitrarily and capriciously (whether the NGB’s conduct is so willful and unreasoning, without consideration of the facts and circumstances). (Saltzstein v. USA Swimming)Disciplinary ProceedingAthletes have a right to a hearing before being declared ineligible to compete. The USOC Due Process Checklist is an appropriate standard against which to judge the due process provided by an NGB to an athlete in disciplinary and other matters (Nadmichettu v. Table Tennis).Field of Play DecisionsThe final decision of a referee during a competition regarding a field of play decision is not subject to Section 9 review unless the decision is outside the authority of the referee to make, or the product of fraud, corruption, partiality or other misconduct of the referee
54 Special THANKS to those Athlete Representatives who contributed to the development of this AAC Orientation Module…Bob BalkSarah CastleNina KemppelEllen LeeDanielle MinnisGary MorganVictor PlataMonica RowlandConnie SmotekEmmy Vargas