Due Process for Protected Competitions Only
As stipulated in the NGB Application, the following is to be published in rules for each protected competition and forward to each participant in the Team USA National Championships in advance.
A. Grievance and Due Process Procedures - Protected Competitions. Board authority is outlined in the USBC Bylaws Article X.
B. Grievances Related to Opportunities to Participate.
- A grievance may be filed by any athlete, coach, trainer,manager, administrator and official regarding his/her opportunityto participate in, or attempt to qualify for selection toparticipate in any protected competition.
- A grievance must be made in writing over the signatures of theperson or persons presenting the same, and must state the fullname(s) and address(es) against whom the grievance is made, andmust with specificity a complete statement of the acts whichconstitute such grievance, including the requested relief sought.The individual(s) must be prepared to substantiate the grievance ata hearing if requested.
- Grievances should be addressed to the USBC CEO as soon aspracticable following the events that are the subject of thegrievance.
- Upon receipt of a grievance, the elements of due processoutlined in the USBC Bylaws and National Policy Manual will befollowed.
- These grievance procedures are given to athletes, coaches,trainers, manager, administrator, or other official seeking toparticipate in any national or international bowlingcompetition.
C. Due Process. Due process will be provided any athlete, coach, trainer, manager, administrator or official filing a grievance regarding his/her opportunity to participate in, or attempt to qualify for selection to participate in a protected competition.
- Deny Opportunity to Compete. Any athlete who alleges that he/she has been denied an opportunity to compete in any national or international bowling competition shall notify the USBC CEO in writing. Upon notification, procedures will be followed according to this chapter. The rights granted under this section shall equally apply to any coach, trainer, manager, administrator, or other official seeking to participate in any national or international bowling competition.
- Athlete. For use in this chapter an athlete will be defined as individuals who are participating in a protected competition.
- Protected Competition. "Protected competition" means any amateur athletic competition between any athlete or athletes officially designated by the appropriate Olympic, Pan American or Paralympic Sports Organization member as representing the United States, either individually or as part of a team, and any athlete or athletes representing any foreign country where:
a. The terms of such competition require that the entrants there in be teams or individuals representing the respective nations; and
b. The athlete or group of athletes representing the United States are organized and sponsored by the appropriate Olympic, Pan American or Paralympic Sports Organization member in accordance with a defined selection or tryout procedure that is open to alland publicly announced in advance, except for domestic amateurathletic competition, which, by its terms, requires that entrantstherein be expressly restricted to members of a specific class ofamateur athletes such as those referred to in Article VII, Section4 of the USOC Constitution.
The term "protected competition" shall also include any domesticamateur athletic competition or event organized and conducted by anOlympic, Pan American or Paralympic Sports Organization member inits selection procedure and publicly announced in advance as acompetition or event directly qualifying each successful competitortherein as an athlete representing the United States in a protectedcompetition as defined in the immediately preceding sentence ofthis Section.
D. Due Process - Procedure. When an athlete, coach, trainer,manager or administrator is charged with a violation, which doesnot require an immediate decision or a decision in less than twenty(20) days, the following elements of due process will beprovided:
- The competition will provide written notice identifying theaction taken and inform the individual they have the right toappeal the decision within ten (10) days of the postmarked date.The notice will be served personally to the individual or sentcertified mail, return receipt requested. If an appeal is notpostmarked within the time limit outlined above, the decisionstands.
- If an appeal is filed a hearing must be conducted within thirty(30) days of the request and the following procedures must befollowed:
a. USBC will provide written notice to the athlete(s) at their lastknown address of:
1) The date, time and place of the hearing
2) Their right to attend
3) Their right to have counsel and to produce witnesses in theirbehalf
b. The notice must be sent not less than ten (10) days prior to thedate of the hearing, by certified mail (return receiptrequested).
- The hearing will be conducted by a review committee appointedby the USBC CEO, consisting of at least three (3) people with atleast 20% athlete representation.
- A written decision will be sent to all concerned parties,including the complainant, within ten (10) days.
E. Due Process - Expedited Procedure. When an athlete, coach,trainer, manager or administrator is charged with a violation,which requires an immediate decision or a decision in less thantwenty (20) days, the following elements of due process will beprovided:
- The competition will provide written notice identifying theaction taken and inform the individual they have the right toappeal.
- If an appeal is filed in writing a hearing must beconducted.
- USBC will provide written notification to the athlete of thedate, time and place of the hearing. Notice may be verbal if timeconstraints prohibit written notification.
- A hearing will be conducted by a review committee appointed bythe USBC CEO consisting of at least three (3) people, with at least20% athlete representation. The hearing will be scheduledimmediately if necessary, or with as much notice, as may bereasonable given the actual circumstances.
- An immediate decision will be rendered, if necessary, or withintime constraints required by the actual circumstances. At aminimum, the decision will be explained verbally to all concernedparties. A written decision will be sent to all concerned partieswithin ten (10) days.
F. Appeal. Written notice of the appeal procedures will beincluded with the written decision. Appeals must be filed withinten (10) days of the written-decision date. Appeals will be heardand decided by a USBC Appeals Committee, which has at least 20%athlete representation within thirty (30) days. An athlete hasfurther appeal rights as outlined in the USOC Constitution.
G. Published Procedures. Due process procedures are publishedfor athletes, coaches, trainers, managers, administrators andofficials in the following way:
- Posted on official Web site, bowl.com
- Distributed in advance to the athletes at the nationalchampionships
- Included in the Code of Conduct