The A to Z ’ s of A & D

1. TheAtoZ’sof A&D A guide to conducting disciplinary hearings

2. Fair Hearings • Affiliated Leagues can set the rules of hearings so long as fair hearings are held • The 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

3. 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

4. Affiliated Leagues Responsibilities • Affiliated Leagues should have their own A&D Committee • Hearings held for: • Managers • Teams • Players Assault and abuse go to OASA D& A Committee • Referee Misconduct go to Oregon Referee Committee • Send report following the hearing to OASA

5. Misconduct Reports • Can proceed without the referee’s report • Anything beyond the minimum requires a hearing • Do not suspend without a hearing except: • Health, safety, or welfare • Red Cards may NOT be overturned or thrown out • Assault, abuse, and referee misconduct reports send to OASA

6. Receiving a Complaint • Must be in writing, not verbal • Must be signed or identifiable • Chair determines validity • Present a fair and impartial forum to bring closure to a complaint • Only the A&D Chair should have advanced notification • Do not prove or disprove the allegation, only decide whether the complaint has enough merit to be heard

7. Rights of the Parties • Guaranteed by OASA and USSF • All 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 true • Reasonable time to prepare • Hearing before disinterested parties • Right to confront witnesses • Written decision in a timely manner • These all comprise due process

8. 11 Rights of the Parties • 1.      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.

9. Notification of Hearing • Determine when the hearing will be • Suggested 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.

10. 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 Chair cannot guarantee a fair hearing Contact the OASA D & A Chair for guidance

11. Hearing Preparation • Present copies to each panel member and participant • Detail procedures and agenda • Room should be reasonably comfortable • Enough room for everyone • Equidistant from panel • Time should be considerate • Have copies of rules handy for reference

12. Hearing Procedures • The A&D Chair shall call the meeting to order • Introductions should be made detailing what everyone’s role will be • Chair will call for the name and position relative for all participants • Chair 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 • Chair will detail the time and place for the Committee to reach its final decision • Chair notifies all participants of the manner in which they will be notified of the decision • Chair adjourns the hearing

13. Guidelines and Recommendations • Take notes for reference • Equal time to opposing parties • Accused should be present during testimony • Hearsay and verbal testimony should not be included in the decision • Remember the specific charge for which you are there • Advise both parties of their appeal rights

14. Making a Determination • The punishment must fit the Offense • Avoid both ends of the spectrum • Run down the checklist • Severity, intent, effect, emotions • Does it fit? • Is it specific? • Be precise and specific • List rules and give examples

15. 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 OASA

16. 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

17. Role of OASA D &A Committee • Comprised of Volunteers • To offer guidance and suggestions • Will not hover • Will serve as higher authority • Can aid in difficult hearings • We exist for you

18. So where’s the “A” to “Z”s? • Appeals • Bylaws • Committee • Determination • Equitable • Fair • Guidance • Hearing • Impartial • Justification • Knowledge • Letters • Merit • Notification • Order • Prove • Question • Requirement • Specific • Testimony • Unbiased • Validity • Written • Ex-parte