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 heldThe 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 CommitteeHearings held for:

CoachesPlayersSpectators

Assault and abuse go to NTSSA Exec CommitteeReferee Misconduct go to NTSSA A&D CommitteeSend report following the hearing to NTSSA

Misconduct Reports

Can proceed without the referee’s reportConduct a hearing for any caution or ejection issued to a coachAnything beyond the minimum requires a hearingDo not suspend without a hearing except:

Health, safety, or welfare

Red Cards may NOT be overturned or thrown outAssault, abuse, and referee misconduct reports send to NTSSA

Receiving a Complaint

Must be in writing, not verbalMust be signed or identifiableChairman determines validityPresent a fair and impartial forum to bring closure to a complaint Only the A&D Chairman should have advanced notificationDo 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 teamYouth count cards

3 yellows = 1 game5 yellows = 2 more games

Adults and Amateurs count points12 points = 1 game18 points = 2 games

Refer to NTSSA 3.11

Rights of the Parties

Guaranteed by NTSSA and USSFAll 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 trueReasonable time to prepareHearing before disinterested partiesRight to confront witnessesWritten decision in a timely manner

These all comprise due process

11 Rights of the Parties1.      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 one’s 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 beSuggested 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 participantDetail procedures and agendaRoom should be reasonably comfortable

Enough room for everyoneEquidistant from panel

Time should be considerateHave copies of rules handy for reference

Hearing Procedures The A&D Chairman shall call the meeting to order Introductions should be made detailing what everyone’s 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 decisionChairman adjourns the hearing

Guidelines and Recommendations

Take notes for referenceEqual time to opposing partiesAccused should be present during testimonyHearsay and verbal testimony should not be included in the decisionRemember the specific charge for which you are thereAdvise both parties of their appeal rights

Making a Determination

The punishment must fit the Offense Avoid both ends of the spectrumRun down the checklist

Severity, intent, effect, emotionsDoes it fit?Is it specific?

Be precise and specificList 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

Don’t 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 where’s the “A” to “Z”s?

AppealsBylawsCommitteeDeterminationEquitableFairGuidanceHearingImpartial

Justification

Knowledge

Letters

Merit

Notification

Order

Prove

Question

Requirement

Specific

Testimony

Unbiased

Validity

Written

Ex-parte

Youth