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AAC Orientation Module

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Presentation on theme: "AAC Orientation Module"— Presentation transcript:

1 AAC Orientation Module
2013 Quad ( ) January 12, 2013

2 AAC Orientation module
Athlete Advisory Council (AAC) Orientation Module Table of Contents Slides 3 – 5: AAC Policies and Procedures document + Org Structure Slides 6 – 11: Parliamentary Procedure and Robert's Rules Slides 12 – 19: Ted Stevens Olympic and Amateur Sports Act Slides 20 – 21: USOC Bylaws Overview Slides 22 – 32: AAC/NGB Communication Slides 33 – 34: Sport Performance Team Structure Slides 35 – 37: Athlete Service Coordinators (ASCs) Overview Slides 38 – 42: Olympic/Pan Am Selection Procedures Manual Slides 43 – 47: Paralympic Content Slides 48 – 49: History of the AAC Slides 50 – 54: Case Overview of Sec 9/Sect 10 arbitrations

3 AAC Policies and Procedures

4 AAC Orientation Module
AAC Policies & Procedures Overview of AAC Bylaws and Procedures that provides a quick ramp up on general processes and procedures of the AAC Click here to open the AAC Policies and Procedures document

5 AAC Orientation Module
AAC Policies & Procedures – Org Structure AAC Chair & Leadership Task Forces and Committees ASC USOC Board USADA Board PAC IF IOC/IPC Article IX/X Panels Olympic Association Liaison Taskforces Olympic Foundation

6 AAC Orientation Module
Parliamentary Procedure and Robert's Rules

7 AAC Orientation Module
Parliamentary Procedure and Robert's Rules Robert's Rules of Order Newly Revised, 11th edition (2011) - the following is a summary of the key rules and procedures for AAC meetings Parliamentary 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 decisions Fundamentally, 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 Rules During USOC AAC meetings, AAC members can make a motion in order to take action or a stand on an issue Call to order Second motions Debate motions Vote on motions

9 Parliamentary Procedure and Robert's Rules
How are motions presented? Obtaining the floor Wait until the last speaker has finished Rise and address the Chairman Wait until the Chairman recognizes you Make your motion Speak in a clear and concise manner Always state a motion affirmatively. Say, “I move that we…” rather than, “I move that we do not…”. Avoid personalities and stay on your subject Wait for someone to second your motion Another member will second your motion or the Chairman will call for a second If 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 motion The 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 Motion The 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 Membership The 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 motion There 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 paper There 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.

12 Ted Stevens Olympic and Amateur Sports Act - 36 U.S.C. § 2205

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 competes Amateur Athletic Competition - a contest, game, meet, match, tournament, regatta or other event in which amateur athletes compete Amateur 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 country National Governing Body (NGB) - an amateur sports organization recognized by the Corporation under the Act Paralympic Sport Organization - an amateur sports organization recognized by the Corporation under the Act Sanction - 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 goals To 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, and Organization 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 Games To promote and support international amateur athletic activities/competitions To promote and encourage physical health and fitness and public participation in amateur athletic activities To assist organizations and persons in the development of amateur athletic programs To 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 athletes To provide and coordinate technical information on physical training, equipment design, coaching and performance analysis To encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety To encourage and provide assistance to amateur athletic activities for women To 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, and To 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; and the 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 Council An NGB Council, and The employment of and procedures for the selection of an Athlete’s Ombudsman

20 USOC Bylaws

21 USOC Bylaws USOC Bylaws Overview
The current USOC Bylaws can be found at: Section 1: Names, Officers, and Definitions This section covers the name of this organization, the office, where it is located, and definitions as used in these bylaws Section 2: The Mission Mission statement and purpose of the mission. Section 3: The Board 3.1 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 board 3.6 Terms for Directors 3.7 Qualifications 3.8 Resignations/Vacancies/Removal Meetings

22 USOC Bylaws USOC Bylaws Overview Section 4: Officers
4.1 Number and Qualifications 4.2 Elections, Chair, CEO, Secretary, Treasurer 4.3 Vacancies 4.4 Authority and Duties of Officers Section 5: Committees and Task Forces 5.1 Standing Committees 5.2 Other Committees and Task Forces 5.3 Audit Committee, appointments, terms, responsibilities, meetings 5.4 Compensation committee, appointment and composition, term, responsibilities, meetings 5.5 Ethics Committee, appointments and composition, term, responsibilities, meetings 5.6 Nominating and governance committee, appointment and composition, term, responsibilities 5.7 General Board committee powers/requirements 5.8 Resignation and Removal Section 6: CEO 6.1 Employment 6.2 Management Responsibilities 6.3 Official Notices 6.4 Service The 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 Assembly 7.1 Purpose and attendance 7.2 Development of Assembly content and format 7.3 Information to assembly attendees 7.4 Communications with the board 7.5 Board and Council meetings The current USOC bylaws are under review by relevant parties in the Olympic Movement Section 8: Members 8.1 Board authority 8.2 Membership requirements 8.3 Olympic sport organizations 8.4 Pan American sport organizations 8.5 Designation to Govern a Paralympic Sport 8.6 Paralympic sport organization 8.7 NGB and PSO membership requirements 8.8 Athlete Representation on NGB boards and committees 8.9 Community based multisport organizations 8.10 Education based multisport organizations 8.11 Armed Forces organizations 8.12 Recognized Sport Organizations 8.13 Other Sport Organizations 8.14 US Olympians Associations 8.15 Dues 8.16 Attendance at the Olympic and Paralympic Assembly 8.17 Publication of members 8.18 General procedures applicable to membership matters 8.19 Applications for membership 8.20 Termination of NGB and PSO Membership and recognition

24 USOC Bylaws USOC Bylaws Overview Section 9 : Athletes Rights
9.1 Opportunity to participate 9.2 Filing a complaint 9.3 The complaint 9.4 Failure to properly file 9.5 Administration 9.6 Action by the corporation 9.7 Arbitration 9.8 Affected parties 9.9 Expedited procedures 9.10 Time bar 9.11 Anti Doping Violations 9.12 Field of play decisions 9.13 Complaints regarding compliance The current USOC bylaws are under review by relevant parties in the Olympic Movement Section 10: Complaints of Non Compliance against an NGO or PSO 10.1 Manner of filing the complaint 10.2 The complaint 10.3 Filing fee 10.4 Failure to properly file 10.5 Administration 10.6 Hearing Panel 10.7 Communication with the hearing panel 10.8 Mediation 10.9 Conduct the proceeding 10.10 Time computation 10.11 Exhaustion of Remedies 10.12 Motion to Dismiss 10.13 Answer 10.14 Preliminary Hearing 10.15 Exchange of information 10.16 Recording the proceedings 10.17 Hearing 10.18 Decision 10.19 Action of the board 10.20 Probation 10.21 Arbitration

25 USOC Bylaws USOC Bylaws Overview
Section 11:  Application to Replace an NGB or PSO 11.1 Manner of filing Application 11.2 Multiple applications 11.3 Filing period 11.4 Application 11.5 Filing Fee 11.6 Failure to properly file 11.7 Administration 11.8 Hearing Panel 11.9 Communication with hearing panel 11.10 Mediation 11.11 Conduct of the proceeding 11.12 Time computation 11.13 Motion to dismiss 11.14 Answer 11.15 Preliminary hearing 11.16 Exchange of information 11.17 Recording the proceedings 11.18 Hearing 11.19 Decision 11.20 Action of the board 11.21 Probation 11.22 Arbitration 11.23 Replacement of NGB or PSO Section 12:  Code of Conduct for Volunteers, Staff and Members 12.1 Code of conduct 12.2 Affirmative Obligation to promote ethical conduct 12.3 Written standards 12.4 Compliance officer 12.5 Education and training 12.6 Effective communication 12.7 Monitoring 12.8 Investigation 12.9 Reporting Systems 12.10 Member organizations and bid cities  Section 13: Athlete Ombudsman 13.1 Confidential information 13.2 Privilege 13.3 Exceptions to privilege The 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 Representation 14.1 Composition 14.2 Operation 14.3 Term 14.4 Athlete Representation on boards and committees 14.5 Qualifications 14.6 NGB Election procedures  Section 15: National Governing Bodies Council 15.1 Composition 15.2 Term 15.3 Operation  Section 16: Multisport Organization Council 16.1 Composition 16.2 Term 16.3 Operation Section 17:  Indemnification 17.1 Indemnification 17.2 Determination of payment 17.3 Advance payment of litigation expenses 17.4 Other rights 17.5 Insurance Section 18: Organization of Olympic, Paralympic, and Pan American Games in the United States 18.1 Games organization 18.2 Bid procedure  Section 19: Olympic, Paralympic and Pan American Games-related matters 19.1 Chef de Mission 19.2 Games administrative board 19.3 Games trials 19.4 Former Olympic teams The 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 year 20.2 Accounts, books, minutes 20.3 Financial audit 20.4 Conveyances and encumbrances 20.5 Designated contributions 20.6 Loans to directors and the chair, prohibited 20.7 Individual liability Section 21: Irrevocable Dedication and Dissolution 21.1 Charitable Purposes 21.2 Dissolution The current USOC bylaws are under review by relevant parties in the Olympic Movement Section 22: Miscellaneous 22.1 Severability and headings 22.2 Saving Clause Section 23:  Amendments of the Bylaws 23.1 Amendments 23.2 Proposed amendments

28 AAC/NGB Communication

29 AAC/NGB Communication
Overview The 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 should Attempt to create mutual understanding and agreement rather than litigation Facilitate direct communication between athlete and NGB Talk with athlete reps (use report form as guideline) Contact Athlete Ombudsman Have the ability to file a grievance with NGB Have the ability to file a Section IX or Section X Complaint with USOC

31 AAC/NGB Communication
Use of the Athlete Ombudsman Athletes and NGBs should be aware that the Ombudsman is an available resource Is for conflict resolution between athletes, NGBs and other parties NGBs will schedule at least one meeting per quad AAC reps will make sure their athletes are aware of the Ombudsman NGBs may find it useful to consult with Ombudsman when crafting selection procedures and commercial terms agreements For additional information on Athlete Rights see:

32 AAC/NGB Communication
Athlete Concerns/Grievances For 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

33 Sport Performance Team Chart

34 Sport performance team chart
For your Sport Performance team contacts, see the following table:

35 Athlete Service Coordinators (ASC) Overview

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 rule Have a good understanding of AAC bylaws and athletes rights Strong interpersonal skills and team-builder Selection process: Self nomination Elected by Athlete Advisory council through ASC Selection Task Force procedure described in AAC Bylaws, VI. A.1.

38 Olympic/Pan Am Selection Procedures Manual

39 Olympic/Pan Am Selection Procedures Manual
Overview The 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
Responsibilities The 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 resources The NGB/PSO is responsible for creating selection procedures that are performance-oriented, fair, equitable and clearly written The 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 Overview USOC Sport Performance with assistance from USOC Legal and International Games is responsible for assisting NGBs/PSOs with questions pertaining to the Selection Procedures process Once the NGB/PSO has completed writing its Selection Procedures, the document is to be submitted to the NGB’s/PSO’s Sport Performance Representatives 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 Involvement When 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 involved The 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

43 Paralympic Content

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 IPC From 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 perspective Specific 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 website The IPC Media Center and archives can be found from this link:

48 History of the AAC

49 History of the AAC Prior 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.

50 Case Overview of Sec 9/Sect 10 arbitrations

51 Case Overview of Sec 9/Sect 10 arbitrations
Section 9 Case Review Introduction 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 Criteria Arbitrator – 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 Proceeding Athletes 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 Decisions The 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 Balk Sarah Castle Nina Kemppel Ellen Lee Danielle Minnis Gary Morgan Victor Plata Monica Rowland Connie Smotek Emmy Vargas


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