THE
ILLINOIS ASSOCIATION OF USA TRACK AND FIELD
BY-LAWS
PREAMBLE
The Illinois Association of USA Track and Field is organized for the
betterment of the sport of track and field and to do every nature of activity
necessary toward that end. These
By-Laws are created to direct the operation of the Association with this goal
in clear focus. Each discipline of
the sport of track and field must consider the totality of the sport and
acknowledge that gains for the sport result in benefits for the individual
discipline as well. The Board of
Directors is the center of the operational structure of the Association and
represents all disciplines, cooperating to benefit track and field and every
component of the sport of track and field; the Board of Directors also has the
authority to act in the best interests of the Association as described in
these By-Laws.
ARTICLE
I
The name of this corporation shall be The Illinois Association of USA
Track and Field. The designation
"USATF Illinois" may be used for the purpose of brevity or for the
use in any logo.
ARTICLE
II
A. Track and field
includes, in addition to track and field, long distance running (cross county
running and road running), race walking, and any other sport discipline
recognized by USATF Illinois.
B.
All other words and terms used and not otherwise defined herein shall
be used as defined in the By-Laws of USA Track and Field, Inc., the national
governing body. (Hereinafter sometimes referred to as USATF)
ARTICLE
III
The purposes of The Illinois Association of USA Track and Field are to
encourage, improve, and promote the sport of track and field in the State of
Illinois and in the Illinois Association.
ARTICLE
IV
USATF Illinois, as authorized by USA Track and Field, Inc., shall have
the authority to administer the sport of track and field in the geographic
area authorized by USA Track and Field, Inc.
In the administration of the sport of track and field, USATF Illinois
shall exercise independent supervision and control over the eligibility,
sanctioning authority, scheduling and rules of competition for the sport of
track and field in the geographic areas authorized by USA Track and Field,
Inc.
ARTICLE
V
MEMBERSHIP
Membership in USATF Illinois shall be by an organization/club member or
individual member, whose applications for membership shall be approved by
USATF Illinois.
A.
USATF Illinois Organization/Club member:
an organization/ club member shall be any bona fide sports organization
organized within the geographical area authorized by USATF or which operates
or competes in the described geographical area and is interested in the sport
of track and field or which regularly sponsors or arranges programs,
competitions, or competitive opportunities for its athlete members in the
sport of track and field. Such
organization/club member shall submit a membership application as directed by
USATF Illinois and pay the required dues.
Such membership may be as either a national or association organization
or club.
B.
Individual voting member: an
individual member is any individual who is eighteen (18) years or older
residing within the geographical area authorized by USATF who is active in or
interested in the sport of Track and field and who applies for membership,
pays the required dues for membership, and meets all other membership
obligations as directed by USATF Illinois. Except for renewal memberships from
the prior year, in order to be eligible to vote, an individual must be a
member of the Association at least one (1) full month prior to the month in
which the election occurs. (Example: if the election is April 25th, the
membership must be processed by February 28th.).
C. USATF Illinois may
categorize membership into subclasses based on activity or
interest of the member,
and define the
rights of such subclasses of membership.
D. The Board of Directors may name amateur sports organizations which have an
interest in the sport of track and field to become voting
members of USATF Illinois. The
Board of Directors shall determine the extent of the voting rights of the
amateur sports organization and on which committee such representation may
participate.
ARTICLE
VI
GENERAL
MEETINGS
A.
A General meeting is a meeting of the entire voting membership of USATF
Illinois. General meetings of
USATF Illinois shall be held at the direction and the notice of the Board of
Directors. At least thirty (30)
days notice shall be given to the entire voting membership prior to any
general meeting. Such notice may
be in any publication circulated to all voting members.
B.
The Annual meeting of USATF Illinois shall be held in the spring of
each calendar year, at such date, time and place as may be fixed by the Board
of Directors, and announced to the voting membership not less than thirty (30)
days prior to the date of the meeting as with all general meetings.
C.
No minimum number of registered voters shall be required at General
meetings, including Annual meetings. If
fewer than twenty-five (25) voters are present at any Annual or General
meeting, and conduct business at the meeting, the Board of Directors may
conduct a separate binding vote on any business conducted at said meeting.
ARTICLE
VII
VOTING
A.
Voting at USATF Illinois meetings, general or otherwise, shall be
restricted to: 1) those
delegates who represent USATF Illinois member organizations/clubs which are
active in track and field within USATF Illinois, provided that the
organization/club member is current in all fees and other requirements of
USATF Illinois membership; and 2) those individual members of USATF Illinois
who are active and who are current in all fees and other requirements of USATF
Illinois membership.
B.
For an organization/club member to be considered active and eligible to
vote, the organization/club must have: 1) had five or more athletes who held
valid USATF Illinois card membership and voter registration concurrently
within the past twelve (12) months; or 2) conducted a USATF Illinois
sanctioned event within the past twelve months.
C.
For an individual member to be considered active and eligible to vote
at USATF Illinois meetings, the individual member must pay the required fees
and meet all obligations of membership of USATF Illinois, as approved by the
Board of Directors.
D.
Member Organizations/Clubs are entitled to two (2) delegate votes and
one (1) additional delegate vote for each fifty (50) USATF Illinois athlete
members, up to a maximum of five (5) delegate votes.
Individual members are entitled to one (1) vote.
All voting members must have voting status determined, as directed by
the Board of Directors, not less than fifteen (15) days prior to a meeting
where any vote is taken.
E.
All officers, directors, committee chairs, and members
making nominations, and all others who hold positions or otherwise
conduct any affairs of USATF Illinois must be voting members of USATF
Illinois.
ARTICLE
VIII
OFFICERS
A.
OFFICERS: The
officers of the Association shall be President, Vice President of
Administration and Vice President of Operations, Secretary and Treasurer.
B. DUTIES: The officers shall perform the following duties as well as any other prescribed by these By-Laws, USATF Illinois, or the Board of Directors:
1.
PRESIDENT: The
President shall preside at all meetings of this Association and, as Chairman,
all meetings of the Board of Directors and the Executive Committee.
2.
VICE PRESIDENT OF ADMINISTRATION:
In the case of disability of the President, the Vice President of
Administration shall assume the duties of the President and shall perform the
duties of that office. In
addition, the Vice President of Administration shall have the responsibility
to oversee the operations of all sport and administrative committees.
3.
VICE PRESIDENT OF OPERATIONS:
In the case of disability of the President and the Vice President of
Administration, the Vice President of Operations shall assume the duties of
the President and shall perform the duties of that office.
In addition, the Vice President of Operations shall have the
responsibility to oversee the operation of all programs and events.
4.
SECRETARY: The
Secretary shall perform all duties pertaining to the office of Secretary for
USATF Illinois as a whole and for the Board of Directors.
5.
TREASURER: The
Treasurer shall be the officer of USATF Illinois directly responsible for
carrying out the fiscal obligations of the Association.
The Treasurer, with the approval of the Board of Directors, may delegate
the day to day fiscal operations of the Association to the Executive Director
and the local office of the Association.
C.
ELECTIONS: The
President and the two Vice Presidents shall be elected in odd numbered years at
the Annual Meeting as prescribed in these By-Laws.
The other officers shall be elected by the Board of Directors at the end
of the Annual Meeting following the election of the President in odd numbered
years. Election of all officers
shall be by secret written ballot. All
officers shall serve in their capacity from the date of their election until a
new election is held for those offices as prescribed in these By-Laws.
1.
ELECTION OF PRESIDENT AND VICE PRESIDENTS:
The election of the President and Vice Presidents shall be governed by
the following rules: A candidate for
President and Vice President may be elected at the Annual Meeting who has been
nominated for the office at least thirty (30) days prior to the Annual Meeting.
Such nomination shall consist of a petition signed by five (5) or more
voting members of the Association, as defined by Article VII, no two (2) of whom
may be from the same organization/club. A
candidate for President and Vice President may also be nominated from the floor
at the Annual Meeting if the members in attendance at the Annual Meeting equal
one-third or more of the voting membership of USATF Illinois or fifty (50),
whichever is fewer. If fewer than
twenty-five (25) voters are present at any Annual
meeting when an election for these officers is conducted, the Board of
Directors may conduct a separate binding vote on the election of any or all of
the elected officers.
2.
SELECTION OF BOARD OF DIRECTORS:
The Board of Directors shall consist of up to seventeen (17) members: the
officers of the Association, the elected sport and administrative committee
chairs, the administrative committee chairs appointed by the President or the
Board of Directors, the requisite number of athlete members, and up to three
at-large members. Members of the Board of Directors must represent active USATF
Illinois member organizations/clubs or be active, voting members in good
standing as defined in these By-Laws and the Operating Regulations of USATF
Illinois.
3.
TERM OF OFFICE:
a.
In the event any officer or member of the Board of Directors resigns or
is unable to serve any remaining portion of a term of office, except the
President, the Board of Directors shall name a successor for the unexpired
portion of the term of the vacated position.
An officer of USATF Illinois who is no longer a member of the Board of
Directors may not continue to serve as such officer and a vacancy will
automatically occur.
b.
In the case of the resignation or inability of the President to complete
the term of office, the Vice President of Administration shall fulfill the term
of office, a new member of the Board of Directors shall be selected pursuant to
these By-Laws, and a new Vice President of Administration shall be selected from
the members of the new Board of Directors.
c.
The Board of Directors may establish attendance requirements for meetings
and rules for the replacement of Directors who do not abide the attendance
requirements, which requirements and rules may be placed in the Operating
Regulations of USATF Illinois.
4.
REMOVAL FROM OFFICE: An
Officer may be removed from office for cause and with the concurrence of
two-thirds or more of the current constituency from which the office holder was
chosen. The constituency for the
President is the entire association, so the vote for removal of the President
for cause shall be at any general meeting called with notice given to the entire
voting membership that the issue of removal of the President will be considered.
ARTICLE
IX
BOARD
OF DIRECTORS
A.
The members of the Board of Directors shall perform the duties described
in these By-Laws and as directed by the membership.
The members of the Board of Directors selected from the Sport Committees
shall, where applicable, represent the interests of the respective Sport
Committees.
B. A
majority of the Board of Directors may require the President to call special
meetings or general meetings of USATF Illinois, where appropriate cause exists.
C. The Board of Directors
shall choose the delegates from USATF Illinois who will represent USATF Illinois
at the national USATF convention, with the advice of the Executive Committees of
the standing sport and administrative committees.
D.
The Board of Directors shall select an Executive Director of USATF
Illinois who will be the chief executive of USATF Illinois and who will serve at
the direction of the Board of Directors and who will carry out the policies of
USATF Illinois in accordance with these By-Laws and in accordance with the
directions and duties established by the Board of Directors.
E.
The Board of Directors has the authority to undertake any action in the
best interest of the Association, including actions to approve or disapprove
committee business. This authority
also permits the Board of Directors to act in the absence of performance or
action of any committee.
F.
The Board of Directors has the authority to establish Operating Rules to
implement these By-Laws and to implement the policies of the Association.
Pursuant to Article XVI (C), the Board of Directors may also amend the
By-Laws with a two-thirds vote. In the event that the Board of Directors
recognizes that an administrative committee has sufficient activity and
organization in conducting its own affairs, the Board of Directors may determine
that such an administrative committee may hold its own elections to establish
the leadership of the administrative committee.
G.
A quorum for the purpose of conducting meetings of the Board of Directors
is fifty percent plus one, of the currently serving Board of Directors.
H.
For the purpose of conducting meetings in the absence of a quorum,
telephonic or computer assisted communication may be used to poll Directors and
to record and count the vote of an absent Director.
ARTICLE X
EXECUTIVE
COMMITTEE
A.
The Board of Directors shall select an Executive Committee, made up of
five, seven, or nine members of the Board of Directors, selected by the Board of
Directors at the first meeting of the Board of Directors following the election
of the Association officers. The Executive Committee shall be made up of the
Officers of the Association, the requisite number of athlete representatives and
any additional members as the Board may prescribe.
B.
The members of the Executive Committee shall perform the duties described
in these By-Laws and as directed by the Board of Directors.
The Executive Committee shall operate in place of the Board of Directors
between meetings of the full Board of Directors and shall have the full
authority to decide for the Board of Directors.
All actions of the Executive Committee shall be reported to the full
Board of Directors at meetings of the Board of Directors and such actions shall
be approved or disapproved.
C.
Consistent with the requirements described above, the Executive Committee
has the authority to undertake any action in the best interest of the
Association, including actions to approve or disapprove committee business.
This authority also permits the Executive Committee to act in the absence
of performance or action of any committee.
D.
A quorum for the purpose of conducting meetings of the
Executive Committee is fifty percent plus one, of the currently serving
Executive Committee.
E.
For the purpose of conducting meetings in the absence of a quorum,
telephonic or computer assisted communication may be used to poll members of the
Executive Committee and to record and count the vote of an absent Executive
Committee member.
ARTICLE
XI
SPORT
COMMITTEES
A.
There shall be five (5) Sport Committees:
Youth Track and field, Master's Track & Field, Track & Field,
Long Distance Running (road racing, cross country, and ultra distance), and Race
Walking. The Committees will
represent the areas as described by USATF.
B.
Each of these five (5) Sport Committees shall have an Executive Committee
comprised of five (5) to nine (9) members or voting representatives who are
USATF Illinois voting members: the President of the Association (or a
representative designated by the President) and four (4) to eight (8) other
members of the Sport Committee, chosen by the whole Sport Committee at a site
and time established by each Sport Committee.
1.
The time of the meeting of the Sport Committee to elect the Sport
Executive Committee must be in accordance with the Operating Regulations.
2.
Voting at the Sport Committee meeting to elect the representatives of the
Sport Executive Committee must follow the requirements of Section C, immediately
below.
3.
At least one (1) member of each sport Executive Committee of the Sport
Committee, except Youth Track and field, must be an active athlete in the sport
or sports governed by the Committee.
4.
If a vacancy arises on the Sport Executive Committee, the remaining
members of the Sport Executive Committee shall appoint a member from the Sport
Committee to serve on the Sport Executive Committee until the next full Sport
Committee meeting.
5.
The Sport Executive Committee shall elect a chairperson from among the
elected members of the Sport Executive Committee.
C.
Voting in the Sport Committee General Meetings shall be restricted to
USATF Illinois members, either club or individual, as described in these By-Laws
and prescribed by USATF Illinois. USATF
Illinois voting members, in order to be eligible to vote at any Sport Committee
meeting, must meet the requirements of voting membership, either as a
club/organization member or a voting member, as described in Article V.
In addition, to make the voting member eligible to vote as a member of
the Sport Committee, the voting member must be active, as defined in Article V,
Membership and Article VII, Voting, in the particular discipline of the Sport
Committee.
D.
The Board of Directors shall determine the number of voting members
required for attendance at general Sport Committee Meetings in order for the
Sport Committee to conduct valid votes on business of the committee. In the
event that insufficient voting members attend meetings, according to the
attendance requirements established by the Board of Directors, the Sport
Executive Committee shall be permitted to conduct the business and affairs of
the committee with regard to any item of business previously listed on the
agenda distributed with notice of the meeting to the membership for such
meeting.
E.
The Sport Executive Committee chair shall serve on the Board of
Directors. If the Sport Executive
Committee chair is unable to attend a meeting of the Board of Directors of USATF
Illinois, then the Sport Committee chair shall designate another member of the
Sport Executive Committee to attend the USATF Illinois Board of Directors
meeting with full voting authority. If
neither the Sport Committee chair nor the chair's designee attends the Board of
Directors meeting with regularity, the Board of Directors may designate another
member of the Sport Executive Committee to attend and vote at the meeting of the
Board of Directors to represent the Sport Committee.
F.
The duties of the Sport Executive Committees shall be to:
1.
manage the affairs and activities of the Sport for which the Committee is
authorized to govern;
2.
advise the Board of Directors regarding the selection of delegate(s) to
the USATF National Convention to represent the committee's interests.
3.
recommend to the Board of Directors, sites and dates for Association
championship events related to the Committee.
ARTICLE
XII
ADMINISTRATIVE
COMMITTEES
A.
USATF Illinois shall have an Administrative Committee for each of the
following areas:
Law and Legislation
Sports Medicine and Sports Science
Marketing
Special Projects
Media/Public Relations
Rules and Records
Officials
Budget and Finance
Member Services
Volunteers
Athlete's Advisory
B.
The Board of Directors may create new committees, as are necessary to
serve USATF Illinois and the membership.
C.
The President of USATF Illinois, with the advice and consent of the
entire Board of Directors of USATF Illinois, shall appoint, from among the
voting membership of the Association, a chairperson and the members of the
Committees described within this Article. The
President may remove a committee chair or committee member,
with the advice and consent of the entire Board of Directors of USATF
Illinois. The Committee shall then
function at the request and at the direction of the Board of Directors of USATF
Illinois.
ARTICLE
XIII
REDRESS OF GRIEVANCES
A grievance may be any matter
within the cognizance of USATF-ILLINOIS ASSOCIATION
A.
Grievances shall be
filed and administered in accordance with this Article.
FORMAL GRIEVANCES AND
DISCIPLINARY PROCEEDINGS
A.
Jurisdiction: This
Association shall have jurisdiction over all disciplinary and formal
grievance
proceedings relating to matters that arise within the boundaries of the
Association, except sexual misconduct allegations and doping violations which
shall be under the jurisdiction of USATF. All penalties imposed by an
Association shall be effective only within the jurisdiction of that Association.
B.
Association Arbitration Panel: The
following shall apply to the appointment and conduct of the Association
Arbitration Panel (AAP):
1.
Members: The Association Arbitration Panel
shall consist of three (3) members - a chair, an at-large member, and an athlete
member. There shall also be a first alternate, second alternate, and additional
alternates who may be appointed from time to time when any of the three members
of the AAP are not available. Members of the AAP shall not be members of the
Association Board or Executive Committee.
Appointments: Appointments
shall be made by the President with the approval of the Association Board.
The appointments shall be duly reflected in the minutes of a properly
convened Board meeting.
Terms: Terms
shall commence on January 1 of each even-numbered year.
Removal: Members
and alternates may be removed for good cause by majority vote of the
Association's Board. Good cause may include, but is not limited to the
following:
a.
Dilatory practices: An
AAP member who causes or permits delays in the hearing process: and/or
b.
Failure to follow procedures: An
AAP member who disregards or fails to apply the hearing procedures or other
provisions set forth in the Association Bylaws, Association Regulations, USATF
Rules, USATF Bylaws, and/or
USATF Regulations.
C.
Grievances: A
grievance may involve any matter, other than sexual misconduct and
doping
offenses, within the cognizance of USATF that occurs in the jurisdiction of this
Association:
1.
Grievance Complaints: A
Grievance Complaint shall state the following:
a.
Detrimental conduct:
Conduct detrimental to the best
interests of Athletics, the USATF Illinois, or USATF
has taken place; or
b.
USATF Illinois violations: A
violation of any of USATF-Illinois Bylaws or Operating Regulations and/or of a
violation of any of USATF Illinois Bylaws or Operating Regulations has occurred.
2.
Parties: Grievance
Complaints may be filed only by and against individuals or entities which were,
at the time that the conduct complained of occurred, and at the time the
Complaint is filed, members, directors, or officers of USATF-Illinois or
otherwise subject to the jurisdiction of USATF Illinois.
A non-member, former director, or former officer of USATF Illinois shall
be subject to the jurisdiction of USATF Illinois for the purpose of defending
against a Grievance Complaint for an incident that occurred while he or she was
a member, a director, or officer of USATF Illinois; or otherwise
subject to the jurisdiction of USATF Illinois. A Grievance Complaint may
only be filed by a person or entity affected by the issues raised in the
complaint; and,
3.
Time limit: Grievance
Complaints must be filed within one (1) year from the time the complaining party
knew or should have known of the act giving rise to the Complaint.
D.
Disciplinary matters: USATF
Illinois shall have the authority to
discipline any member who, by neglect or by conduct, acts in a manner subject to
discipline pursuant to Regulation of the Illinois Association of USATF.
1.
Activities subject to discipline: USATF
Illinois may discipline any member who. by neglect or by conduct:
a.
Detrimental conduct: Acts
in a manner detrimental to the purposes of USATF Illinois, USATF, or Athletics;
b.
USATF, IAAF, and Sports Act violations: Violates
any of the Bylaws, Operating Regulations, or Competition Rules of USATF or the
IAAF, or violates the Sports Act;
c. Eligibility violations: Violates
the rules of eligibility for Athletics;
2.
Time limit: Disciplinary proceedings must be requested within one
(1) year from the time the complaining party knew or should have known of the
issue giving rise to the request for a disciplinary hearing.
E.
Rights of the persons or entities: In
all matters subject to this Regulation, all parties shall be provided with fair
notice and an opportunity for a hearing prior to the adjudication or imposition
of any penalty by the Association or AAP. All parties:
Representation:
May
be represented
in any
disciplinary, grievance,
or Association proceeding by a person(s) who may (but need not) be an
attorney;
Right
to appeal: May appeal any
adverse decision in accordance with this Regulation;
Attendance
at hearing: May be present at any
hearing: and
Presenting
and challenging evidence: Shall have the
right to present evidence and witness testimony and to cross-examine witnesses
testifying against him or her or it.
F.
Initiation of proceedings: Formal
grievances shall be initiated as follows:
1.
Grievance complaint filing procedures:
a.
Filing location: Complaints
shall be filed with the Association President and Secretary.
The Secretary shall forward a copy of the Complaint to the each party
charged in the Complaint;
b.
Language: All
documents filed
and exchanged
with respect
to this regulation
shall be
in English;
provided, however,
that an
original document that is in a foreign language must be submitted along
with an English translation. The party submitting the document shall bear the
cost of obtaining its translation which shall be conducted by a reputable
translator or translation service. In the event of a challenge to the accuracy
of a translated document, the panel chairperson may direct USATF Illinois to
order a translation of the document(s) in question and may allocate the cost of
the translation to any party or all parties, as the panel deems appropriate;
c.
Basis for the Complaint: The
Complaint shall allege clearly the nature of the dispute and where appropriate,
state the specific violation of the Bylaws, Operating Procedures, Competition
Rules, or Policies of USATF Illinois, USATF, or the IAAF;
d.
Facts of allegation: Factual
allegations shall be separately stated in concise language with one allegation
set forth in each numbered paragraph of the
Complaint;
e.
Signature: The
Complaint shall be signed by the person filing the Complaint.
f.
Filing fees: A
filing fee of One Hundred U.S. Dollars (US$100) must accompany an organization's
complaint and a filing fee of Seventy-five U.S. Dollars (US$75) must be paid by
individuals filing a Complaint. The filing fee must be in the form of a
certified check or money order made payable to the Association;
2.
Failure to comply with Complaint procedures:
Complaints
that fail to comply with the procedures outlined in this Regulation shall be
returned to the filer with instructions explaining the deficiency.
A returned Complaint may be
re-filed
within thirty (30) days of the initial filing. After thirty (30) days, the
Complaint will be deemed abandoned;
Informal resolution of grievances: Upon
receipt of a Grievance Complaint, the President or his/her designee shall make
every effort to resolve the dispute through informal means.
In disputes pertaining to a specific sport discipline, the President or
his/her shall also confer with the chairperson of the sport committee for the
discipline involved. All discussions related to the informal resolution of a
complaint shall be confidential:
Formal resolution: If
the informal resolution of the complaint is unsatisfactory to any party, or if a
party declines to pursue informal resolution, the party may request that the
complaint be resolved by a formal hearing before an AAP panel:
Hearing panel: When
one party has indicated that the matter cannot be resolved informally, the
President or his/her designee shall coordinate the selection of a three-person
arbitration panel. The arbitration panel should include at least one Active
Athlete. One panel member will be selected as Chairperson with responsibilities
to control and conduct the process. The arbitrators shall not be members of the
Association Board or Executive Committee.
G.
Notice of proceedings: Within
thirty (30) days of the commencement of a formal
grievance
all interested parties and the hearing panel shall be sent the following by the
Association Secretary:
Documents:
A
copy of the complaint or other documents giving rise to the proceeding, with any
attachments:
AAP
Members and Contact: The names of the
hearing panel members and the address and telephone number of the panel's
chairperson:
Association
Bylaws: A copy of the text of this
Regulation and of the USATF Illinois Bylaws and any other relevant USATF Rule or
Regulation; and,
Other
relevant documents: A copy of any
specifically identified document(s) related to the dispute.
H.
Answer: The person(s) or entit(y)(ies)
named in a Complaint (the Respondent) must submit a written answer to the
Association Secretary within thirty (30) days after receipt of the letter
notifying respondents that a proceeding has been filed ("Notice of
Proceeding"). A copy of the Answer shall be forwarded by the Secretary to
the complainant (the party filing the Complaint) and the AAP panel. The failure
of respondent(s) to answer within thirty (30) days after the receipt of the
Notice of Proceedings will be deemed a waiver by respondent of the opportunity
to have a hearing or have an appeal of any adverse decision. Upon such failure,
and after confirmation of the receipt of the Notice of Proceeding by all
parties, the hearing panel may proceed in the absence of the respondent and may
decide the matter with or without a hearing and with or without taking testimony
and evidence, as it deems appropriate. If a party raises a hearing panel
challenge under this Regulation, the panel chair may extend the time to answer.
I.
Challenge to arbitrator(s): Within
fourteen (14) days following the receipt of the Notice of Proceedings any party
to the hearing may challenge the seating of any AAP panel member on the ground
that the panel member may not be impartial. The panel chairperson may extend the
time to answer if a panel member is challenged. Failure to bring a timely
challenge against the seating of an AAP arbitrator constitutes a waiver of such
challenge.
J.
Hearing procedures: The following
procedures apply to formal grievance, and other hearings:
Pre-hearing
conference call: Within five (5)
business days of the expiration of the arbitrator challenge the AAP panel
chairperson shall conduct a pre-hearing conference by telephone conference call
with all parties to discuss scheduling and procedural matters.
Date
of Hearing: Best efforts should
be used to set a convenient time and date for all participants. The AAP hearing
panel shall schedule the hearing to take place within thirty (30) days of the
initial pre-hearing conference. The hearing date may be delayed beyond the
thirty (30) day period only upon a showing to the AAP panel that a substantial
injustice would otherwise occur.
Location
for hearing: Hearings shall be
held in-person unless good cause is shown to the AAP chairperson that holding
the hearing by telephone conference call is in the best interest of the sport of
Athletics.
a.
Reason for request for telephone conference call hearing: If a party requests
that the hearing be held by telephone conference call, such request
shall be accompanied by a statement identifying the material reasons which the
hearing panel should resolve in this venue.
b.
Deadline for request: The
telephone conference call hearing request must be submitted to the AAP
chairperson within ten (10) business days of the receipt of the Notice of
Proceedings. Failure to submit a telephone conference call hearing request
during the above-described timeframe constitutes a waiver of the right to
request a telephone conference call hearing.
Delays:
If
an interested party causes an unnecessary delay, the AAP panel may dismiss the
proceeding or, at its discretion, rule against the party causing the delay. If
the delay is the result of AAP panel inaction, the President or his/her designee
may dismiss the panel and replace it with a new panel. If a party to the
proceeding fails to appear at the hearing, then the AAP panel may make a ruling
based on available information and the testimony of those present at the
hearing;
Evidentiary
rules: The rules of evidence generally
accepted in administrative proceedings shall be applicable to the hearing; the
formal rules of evidence shall not apply;
Burden
of proof: The burden of proof is upon the
complainant to prove by a preponderance of the evidence that conduct described
in the grievance complaint has occurred.
Hearing
record: An official transcript or
recording is highly recommended for hearings conducted by an Association. Any
party to the proceedings may retain
a
court reporter or other competent individual to provide a transcript or
recording of the hearing at that party's own expense. If made, such transcripts
or recordings shall become the official record of the proceedings and a copy
shall be provided to all parties at their own expense; and
8.
Closed hearing: Hearings shall be
closed to the public. Witnesses shall attend hearings only as necessary to
provide testimony.
K.
AAP decisions and opinions: The
following shall pertain to AAP final decisions and opinions rendered in hearings
and appellate proceedings:
Scope
of decision: All AAP panel
decisions shall be consistent with USATF Illinois Bylaws and Regulations, USATF
Bylaws and Regulations and IAAF Rules and Regulations, and the Sports Act. If
the implementation of any AAP panel decision and opinion would have a
significant budgetary impact on USATF Illinois, the Budget Committee chair
and/or the USATF Illinois Treasurer shall review it and report their findings to
the Board within thirty (30) days of the issuance of the opinion. In such
instances, the decision and opinion shall not become final and binding unless
and until approved by the Board. The Board shall determine to what extent any
AAP decision and opinion having a significant budgetary impact on USATF Illinois
may be implemented, in light of fiscal considerations, and may remand the
matter to the AAP panel for modification based upon budgetary directives from
the Board:
Form
of decision and opinion: The AAP decision
shall state in one or two brief sentences which party the AAP arbitrators have
ruled in favor of. The opinion of the AAP panel shall set forth the following:
a.
Issue: The question(s)
the AAP panel was asked to decide;
b.
Arguments: A
brief summary of the arguments made by each party;
c.
Findings of fact: The
findings of fact upon which the panel based its
decision;
d.
Citations: A
citation to the applicable IAAF, USATF, USATF Illinois, Sports Act or other
applicable rule, bylaw or minutes, reports, guidelines, or other documents upon
which the AAP panel decision is based, if any; and
e. Stay provision: Whether the
effect of the decision shall be stayed in the
event of an appeal, if appropriate:
3.
Time frame: An
AAP panel shall issue a decision with respect to the disciplinary, formal
grievance, or other proceedings
ARTICLE
XIV
SUSPENSION
AND EXPULSION
A. USATF Illinois, or its
Board of Directors as its representative, shall have the power: (1) to suspend
for a definite or indefinite period; or (2) to expel a member, delegate,
athlete, coach, manager, official or member of any committee who by conduct: (1)
acts in a manner detrimental to the purpose of this Association and amateur
sports; or (2) has violated any of the By-Laws or rules of USATF Illinois or
USATF.
B. For the same reason stated
in paragraph (A) of this Article, USATF Illinois shall have the power to
recommend to USATF that a member of
any committee be suspended or expelled provided that all the provisions of due
process as stated in the USATF By-Laws have been met.
C. Before exercising its
authority under this Article, USATF
Illinois or the Board of Directors must notify, in writing, the person or
organization involved in any alleged infringement of the rules or of good
conduct in order to afford an opportunity to be heard in a swift and equitable
manner. Any hearing held under this
provision shall be held consistent with the provisions described in Article
XIII(e).
ARTICLE
XV
FISCAL
AND LEGAL MATTERS
A. The fiscal year of USATF
Illinois is January 1 to December 31.
B. Assets or property of this
Association may be transferred from one depository to another by action of the
Board of Directors.
C. The Treasurer of USATF
Illinois shall be responsible for the appointment of a Financial Committee, of
three or more persons, to supervise and audit expenditures of money allocated by
USATF or otherwise raised by USATF Illinois, and to monitor and review similar
committees established by the Board of Directors or any Sport Committee which
has the authority to expend allocations from USATF Illinois or from USATF.
Any audit or review of the financial matters shall be made available to
all members at the Annual Meeting.
ARTICLE
XVI
BY-LAW
AMENDMENTS
A. These By-Laws may be
amended at any Annual or general meeting of the membership of the Association,
by a vote of two-thirds (2/3) of those members present and voting, provided
however that notice of the proposed amendment, consistent with the requirements
of Article VI, has been submitted, in writing, to the members of the Association
at least thirty (30) days prior to the meeting.
B. All proposed amendments to
these By-Laws must be submitted to the Office of USATF Illinois at least ninety
(30) days prior to the meeting where the amendment will be considered, so that a
proper review of the proposed By-Law can be made and so that the proposal can be
submitted to the membership of the Association.
C. The authority of the Board
of Directors, as described elsewhere in these By-Laws, to conduct the business
of the Association due to lack of attendance at meetings or due to emergencies,
also allows the Board of Directors the authority to amend the By-Laws of the
Association, but only with a two-thirds (2/3) vote of all current members of the
Board of Directors subsequent to the requirement described in Article IX, F,
regarding subsequent approval by membership.
ARTICLE
XVII
DISSOLUTION
A. Upon the dissolution of the
corporation, the Board shall, after paying or making provisions for the payment
of all the liabilities of the corporation, dispose of all the assets of the
corporation exclusively for the purpose of the corporation in such a manner, or
to such organization or organizations, organized and operated exclusively for
charitable educational, religious, or scientific purposes as shall at the time
qualify as exempt organization or organizations under Section 501(c)(3) of the
Internal Revenue Code (or the corresponding provision of any future United
States Internal Revenue Law), as the Board shall determine.
USATF
Illinois by
_______________________
_______________________
Dorothy
Dawson
Scott R. Erwin
President
Secretary
Dated:_________________