2006 EDS2 Appeals
Guidelines-rev 1/06
Discipline, Protest, andGrievance Procedures------------------------1
I. Purpose-----------------------------------------------------------------------1
II. Definitions.-------------------------------------------------------------------1
III. Line of Jurisdiction--------------------------------------------------------4
IV. Fees For Protests, Hearings, Grievances and Appeals---------5
V. Notification Requirements-----------------------------------------------5
VI. Protest Procedures-------------------------------------------------------6
VII. GrievancesProcedure---------------------------------------------------6
VIII. ProgressiveDisciplineSystem-----------------------------------------7
IX.HearingProcedures---------------------------------------------------------9
X. Appeal Procedures--------------------------------------------------------12
Discipline, Protest, and Grievance Procedures
I. Purpose.
The purpose of the EDS2
Discipline, Protest, and Grievance Procedures is to promote and ensure
uniformity and consistency in the application of the rules and procedures of
EDS2, STYSA, USYSA, USSF, and FIFA. In addition, it is the purpose of these
rules to attempt to regulate and control unacceptable, unsportsmanlike, and unfair
behavior on the part of players, coaches, managers, administrators, fans, and
supporters, in order to promote the sport of youth soccer. All questions
relating to the qualification of competitors, interpretation of the rule,
disputes, protests, or grievances shall be referred to the EDS2 Appeals
Committee . The decisions of the Appeals Committee shall be binding on all
parties unless appealed and overturned by a higher authority.
II. Definitions.
A.
"Appeals" arise as a result of an adverse decision from a protest
hearing, administrative action, disciplinary hearing, or lower level appeal.
Only those parties to the original action, who are adversely impacted by such
decisions, shall be allowed to appeal.
B.
"Assault" is an intentional act of physical violence. Assault
includes, but is not limited to, the following acts: hitting, kicking,
punching, slapping, choking, spitting at or on; grabbing or bodily running
into; the act of kicking or throwing any object at another that could inflict
injury; damaging a uniform or personal property, i.e., car, equipment (cards,
whistle, notebook, etc.) or knocking equipment or other objects out of the
hand.
C.
"Abuse" is a verbal statement or physical act, which implies or
threatens physical harm to an individual. It also includes verbal abuse, which
is threatening, cursing, or demeaning a person or any member of his/her family.
D.
"Automatic Suspension" shall mean that a coach, assistant coach,
player, or spectator shall not participate in any EDS2, STYSA, USYSA or USSF
sanctioned activity, including but not limited to season games, practices,
practice games, tournaments play, or friendly games. The individual must
immediately surrender to the Association
Administrative Assistant (Administrator) all player ID cards of the team
members or player(s) suspended, until such individual petitions the STYSA
Appeals Committee for a hearing and the committee reinstates. An automatic
suspension may only be imposed for allegations of referee assault as per USSF
Policy 531-9 or the acquisition of excessive penalty points as per STYSA Rule
4.9.
E.
"Coach" is an individual who coaches, trains, or manages a team
either permanently or temporarily. This includes assistant coaches, trainers
and managers.
F.
"Disciplinary Hearings" result from allegations of misconduct. Such
misconduct must be a violation of a published rule, regulation, procedure or
match related violent behavior and misconduct.
G.
"Disciplinary Action" may be rendered by the D&P committee from a
Preliminary Decision or upon the completion of a Disciplinary Hearing. This
action may include but is not limited to: censure, fines as adopted by EDS2,
STYSA or its affiliates, suspensions, institution of probation stipulations,
prohibition of participation in specific EDS2 or STYSA sanctioned activities,
and removal from office or official position. It shall not include the issuance
of penalty points beyond that, which is prescribed in the STYSA Progressive
Discipline System.
H. "Grievance" is any
complaint, which is not a protest or an appeal, but in the opinion of the
complainant is a violation of EDS2 , STYSA, USYSA or USSF Constitutions,
By-Laws, or Rules and Procedures. A grievance shall not encompass allegations
of violations of FIFA Laws of the Game or matters of referee judgment.
J.
"Protest" is related to a specific game and is filed by one of the
involved team's officials. Only those teams involved are permitted to protest a
game result. Third parties cannot file protests, on a specific game. A protest
may not be based upon the judgment call of a referee.
K.
"Referee" includes the following:
1. All currently
registered USSF referees, assistant referee, 4th officials or other duly
appointed persons to assist in the officiating of a game or;
2. any non-licensed,
non-registered person serving as a referee or;
3. any club linesman.
L.
"Season" - The Fall season shall begin on September 1st and end on
December 31st of each year.
M.
"Season games" shall mean games, which are scheduled at the beginning
of any playing, season or rescheduled during the season and shall not include
any tournament games.
N.
"Suspension" is defined as follows:
1.
For point accumulation of nine (9) points:
a. A
coach shall not attend or observe the next league or playoff match played by
that team. The coach shall not participate in warm-up or half-time activities
of the match;
b. A
player may attend the next league or playoff match played by that team yet
shall not dress in uniform or participate in the next league or play-off match
played by that team. A player whose name appears on the Game Report (EDS2
unless a player suspension form is properly completed) is considered to have
participated in the game.
c.
The suspension shall be served at the next match actually played by the team.
Suspensions shall not be considered served if the team’s next match is a
forfeit in which no play has occurred.
2. For penalty point accumulation of
eighteen (18) points:
a. A coach shall not
attend or observe the next two (2) league or playoff matches played by that
team. The coach shall not participate in warm-up or half-time activities of the
next two matches;
b. A player may attend
the next two (2) league or playoff matches played by that team yet shall not
dress in uniform or participate in the next two (2) league or play-off match
played by that team. A player whose name appears on the Game Report (EDS2
unless a player suspension form is properly completed) is considered to have
participated in the game.
c. The suspension shall
be served at the next two matches actually played by the team. Suspensions
shall not be considered served if either of the team’s next two matches is a
forfeit in which no play has occurred.
3. For penalty accumulation of twenty four (24)
points:
a. A coach shall not attend
or observe the next three (3) league or playoff matches played by that team.
The coach shall not participate in warm-up or half-time activities of the next
three matches;
b. A player may attend
the next three (3) league or playoff matches played by that team yet shall not
dress in uniform or participate in the next three (3)league or play-off match
played by that team. A player whose name appears on the Game Report (EDS2
unless a player suspension form is properly completed) is considered to have
participated in the game.
c. The suspension shall
be served at the next three matches actually played by the team. Suspensions
shall not be considered served if either of the team’s next two matches is a
forfeit in which no play has occurred.
4. For penalty accumulation of thirty (30)
points:
a. A coach shall not attend
or observe the next four (4) league or playoff matches played by that team. The
coach shall not participate in warm-up or half-time activities of the next four
matches;
b. A player may attend
the next four (4) league or playoff matches played by that team yet shall not
dress in uniform or participate in the next four (4) league or play-off match
played by that team. A player whose name appears on the Game Report (EDS2
unless a player suspension form is properly completed) is considered to have
participated in the game.
c. The suspension shall
be served at the next four matches actually played by the team. Suspensions
shall not be considered served if either of the team’s next four matches is a
forfeit in which no play has occurred.
3. Individual... Any
other suspension of a person under these procedures will mean that the person
shall not participate in any EDS2, STYSA, USYSA or USSF sanctioned activity,
including but not limited to season games, practices, practice games,
tournaments play, or friendly games.
O. Coaching Pass. Suspension may
also include removal and prohibition from maintaining any position within a
Club, League, Association or STYSA.
a. Team...Team
suspension shall mean that the team shall not compete in any EDS2, STYSA, USYSA
or USSF sponsored activity including practices, season games, friendly games,
or tournament play. Furthermore, no more than five (5) players from the
suspended team may transfer to or play on any one team. The coach of the
suspended team may not coach any of the players of the suspended team during
the suspension with the exception of his/her child.
b. "Team"
means a recognized entity of properly registered and rostered players with at
least one registered coach, organized for the purpose of playing the sport of
soccer, sponsored by EDS2.
c. “Standing” means in
matters relating to grievances, protests, appeals or other Appeals actions only
the following will have standing before the EDS2 Appeals committee:
1. Currently registered players [and
their legal guardian(s)];
2. EDS2 coaches;
3. appointed EDS2 committee member or
administrator.
III. Line of
Jurisdiction
A. The line of
jurisdiction on protest or appeals, except in the instance of assault or abuse
of a referee or as modified in playoff competition, shall be as follows:
1. EDS2 Appeals
2. STYSA Appeals
3. As per USSF Rule
4020.
B. Assault of Referee
line of jurisdiction:
1. STYSA Appeals
2. USSF Appeals
Committee
C.
Abuse of Referee line of jurisdiction:
1. EDS2 Appeals or STYSA
Appeals
2. STYSA Appeals
3. USSF Appeals
D. Request for reinstatement
following an Automatic Suspension of a Player or Coach:
1. STYSA Appeals unless referred to
EDS2 Appeals
2. STYSA Appeals if
referred to EDS2 Appeals
2.
USSF Appeals
E. Decision Shall Stand
Until Overturned. All decisions at all levels of the appeal/protest process
shall stand and be in full force and effect until changed by a higher authority
and communicated to all of the affected parties in writing.
F. Exhaust Lower Levels
First. All lower levels of protest/appeal must be exhausted before a higher
level will hear the appeal.
G. Appeal to Higher
Level. At all levels of the appeal/protest process if a decision is not reached
within 30 days of receipt of the written appeal/protest, the party filing the
appeal/ protest may submit the appeal/protest to the next higher level with no
additional fee.
H. Cannot Invoke Aid of
Courts. No player, coach, official, referee, fan, supporter or their
representative may invoke the aid of the courts of any State or of the
J. Penalty for Failure
to Exhaust Administrative Remedies. Any person(s) or group(s) action through
the court system without exhausting the administrative remedies listed herein
or in the STYSA, USYSA, USSF rules is subject to the following:
1. Automatic Suspension.
The person(s) or group(s) is/are automatically suspended from all soccer
activities and forfeit any appeal/protest rights. The party may petition the
STYSA Executive Committee for reinstatement upon conclusion of the action.
2. Liability for all
Costs. The person(s) or group(s) is/are liable to STYSA and/or its Member
Association for all expenses incurred by STYSA, its Member Association and/or
officers, directors, or administrators in defending the action, including, but
not limited to:
a.
Court costs
b.
Attorney’s fees
c.
Cost of litigation, including depositions, expert witness fees, etc.;
d.
Reasonable compensation for time spent by STYSA and Member Association
administrators and employees in responding to and defending against allegations
in the action, including responses to discovery and court appearances;
e.
Travel expenses and;
f.
expenses for holding special STYSA or Member Association meetings necessitated
by the court action.
IV. Fees For Protests,
Hearings, Grievances and Appeals
A.
The protest fee to the EDS2 Administrator shall be $150.00,
B.
The grievance fee to the EDS2 Administrator shall be $150.00.
C. If the protest or grievance is upheld $100.00
is refunded, if the protest or grievance is denied zero is refunded.
D. The appeal fee of $200(refunded if
successful) or protest fee of $250(refunded if successful) to the STYSA Appeals
committee.
E.
All fees must be submitted in the form of cash, certified check, cashier's
check or money order made payable to the EDS2.
F.
If an appeal, protest, and/or grievance is completed successful, then all except $50.00 of the fee submitted will be
returned only after the time for additional appeals has passed.
G.
There shall be no fee for requests for hearings following an automatic
and/or indefinite suspension or for grievances submitted to the STYSA Appeals
Committee.
V. Notification
Requirements
A.
Proper notification will occur in writing and will be considered received if
sent under the following procedures (in descending order of preference):
1.
Certified mail return receipt requested at the address of record.
2.
Express mail with receipt of acceptance.
3.
Hand delivery with written acceptance.
4.
Hand delivery without written acceptance but witnessed by two (2) persons or
5.
Fax with confirmation of receipt.
6. Email
VI. Protest Procedures
A.
There are only two (2) acceptable causes for protesting a game after it has
been played. They are:
1.
A team plays an unregistered, ineligible, or suspended player, or;
2.
There has been an obvious error made in the application of the Laws of the Game
that directly affects the outcome of the game.
Matters of referee judgment cannot
be protested at any time.
A.
To be valid and eligible for consideration, each protest filed with the EDS2
Appeals Committee must include the
following:
1.
The protest fee;
2.
Two (2) written copies (original plus one copy) of the grounds on which the
protest is lodged clearly stating the following:
a.
Name, address, phone number, and team affiliation of the plaintiff
b.
The date and time of the game, field location, and age level of teams involved
c.
The approximate time of the incident in relation to the start of the game
d.
The rule or rules which have been violated and a description the violation
e.
The score of the game prior to the incident, after the incident, and the final
score
f.
The name of the opposing team, coach, and club
g.
Two copies of any information to be presented by witnesses, and
h.
The name of the referee.
B. The
intention to file a protest regarding the misapplication of the Laws of the
Game must be made known to the game referee and the opposing coach before
leaving the field. This does not require that the protest actually be filed,
but allows the referee the opportunity to write up usable game report
information.
C.
All protests must be postmarked or received by the EDS2 Administrator within
forty-eight (48) hours of the completion of the game being protested. Postage
meter dates are not acceptable postmarks.
D.
Any protest relating to late starts, the field, goalposts, bars, or other
appurtenances shall be entertained for consideration only if an objection has
been lodged with the referee in writing prior to the start of the game on the
official Game Report form. This protest must also be verbally communicated to
the opposing coach.
VII. Grievances
Procedure
A.
To be valid and eligible for consideration, each grievance filed with the EDS2 Appeals Committee
must include the following:
1.
The grievance fee
2.
Two (2) written copies (original plus one copy) of the grounds on which the
grievance is lodged clearly stating the following:
a.
Name, address, phone number, and team affiliation of the plaintiff,
b.
The rule or rules that have been violated and a description of the violation,
c.
The violating player, team, coach, or individual(s),
d.
The age level of play involved,
e.
Two (copies) of statements from any witnesses, and
f.
any other pertinent facts
g. any grievance
must be filed within 14 days of the event, or within 48 hours of the end of
regular fall seasonal play.
VIII. Progressive
Discipline System
A.
The STYSA Progressive Discipline System is a system of discipline that governs
all players affiliated with STYSA. EDDOA is responsible for administering this
system in our association.
B.
Purpose...Misconduct of players, coaches, and fans continues to be a problem in
soccer. More emphasis is needed to promote proper conduct and good
sportsmanship, especially in our youth competition. The following system is an
effort to discourage violent play and misconduct.
C.
Responsibilities of Coach... is to maintain control of fans and sideline.
1.
Coaches are required to maintain control of their players and the team's fans
on the sideline. A coach may be cautioned and/or ejected by a referee for the
misconduct of a fan of the team, which he/she coaches.
2.
Each coach is responsible for maintaining penalty points for each player that
he/she coaches. Furthermore, each coach and player is responsible for
maintaining his/her individual penalty points.
D.
Misconduct by Fan/Supporter...The parents, fans, or supporters of any STYSA
team, by attending a STYSA sponsored event, subject themselves to the
jurisdiction of the member association and its affiliates, the STYSA D&P
Committee, Executive Committee, and the STYSA Governing Board. As such,
misconduct by a parent, fan, or supporter can be investigated and disciplinary
action can be taken by any of the various levels, which have jurisdiction over
the team involved. If action is not taken on a local level, the STYSA D&P Appeals Committee may
investigate the matter and hold a hearing to determine what discipline, if any,
should be provided. Such discipline can include, but shall not be limited to,
prohibiting the parent, fan, or supporter from attending any STYSA sponsored
event, including games, practices, and tournaments for a period of time or
indefinitely. The failure to comply with the discipline shall be cause for
STYSA D&P Appeals Committee to discipline the player related to the
parent, fan, or supporter, the team which the parent, fan, or supporter
supports and/or the coach of such team.
E.
Penalty Points Awarded...Penalty points shall be awarded to all individual
players and coaches, only as follows:
1.
Recorded Cautions: 3 points per caution to the individual.
2.
Recorded Ejections: 9 points per ejection to the individual.
F.
Disciplinary Action for Penalty Point Accumulation...An accumulation of
cautions, ejections, and penalty points shall result in the following
disciplinary actions:
1.
Coaches, and players. An individual player or coach shall be suspended as
follows:
a.
Nine (9)-penalty points - suspension for the next game.
b.
Eighteen (18)-penalty points - suspension for the next two (2) additional
games.
c.
Twenty four (24)-penalty points.- suspension for the next three (3) additional
games
d. Thirty (30) penalty points-suspension for the
next four (4) additional games.
e.
Suspensions for one (1) or two (2) games cannot be appealed.
f.
Automatic suspension:
(1)
Assault against a referee by a player or coach; or
(2)
a coach, assistant coach or any team representative knowingly falsifies any
team record or official STYSA or USYSA document; or
(3)
a coach, assistant coach or any team representative knowingly plays an
ineligible player.
f.
Maximum accumulation of penalty points in one game by a coach or player shall
be nine (9) points.
g.
Coaches will acquire penalty points cumulatively as a single entity, person or
individual regardless of the number of individual teams he/she coaches or
trains. Example: A coach with three (3) teams who accumulates three (3) points
in a game with each team has a total of nine (9) points.
h.
Penalty Point Carryover.
(1) Post-season Games
Play. Individual point accumulations received during season games’ play shall
be extended into the respective post-season tournament play (i.e., STYSA Fall
Tournament, STYSA President’s Cup Tournament play, South Texas Cup play, and
USYSNC Tournament play. Individual penalty point accumulations shall not be
continued into USYSNC Regional and National Tournament play. Each member
association shall be responsible for reporting such point accumulations for
each player or coach within the association who will participate in the
tournament(s) to the respective tournament coordinators.
(2) Next Season. Penalty points obtained by
individuals during a specific season’s games, including post-season tournament
play, shall not be carried over into the next season’s games.
i.
Suspension Carryover...Suspension shall carryover into the next season. If a
player or coach is suspended during one season, but because of the number of
games remaining in that season, does not serve the full suspension, then the
number of games suspended, but not served, shall be served in the first, and if
required, the second game of STYSA tournament play.
j.
Player Transfers...If a player transfers to another team, he/she shall retain
his/ her individual penalty points.
2.
Penalty Point Challenge. Any challenge to penalty points must be by protest at
the game in which the points are accumulated. A protest must be filed before or
just after the end of the game. The protest must be made known to the opposing
coach and the referee. Furthermore, the protest may not be based upon a
judgment call of the referee. Within forty-eight hours of the game, a written
protest must be placed in the mail to the STYSA State Office, which will forward
it to the Appeals Chairperson for investigation and a hearing. The STYSA Appeals
Chairperson or his/her designee may refer the matter to a Member Association or
Local Association/Club for the hearing. No appeal shall be allowed from the
decision of the committee hearing the matter.
G.
Forfeit...Any team which forfeits two (2) games in a season shall be brought
before the EDS2 Appeals Committee for possible disciplinary action.
H. EDS2 Exceptions/Additions to STYSA Progressive
Disciplinary System
1.
Players, Coaches, Assistant Coaches, & Trainers.
a.
Second ejection – A Coach, Assistant Coach, Trainer, or other adult is
suspended for the remainder of the season upon receiving their second ejection.
A Player is suspended for the next three (3) games actually played by that
team. (Note: the STYSA rules will also apply.)
b. A
Coach, Trainer, Assistant Coach or other Adult upon being ejected or ordered
away from a game by the referee of the game will not be permitted to attend any
EDS2 sanctioned game for the rest of that day and for the next regularly
scheduled EDS2 play date and be assessed a $50.00 fine. (Note: the STYSA rules will also apply.)
2.
Teams.
a.
Teams are suspended for the remainder of the season upon the conclusion of the
game in which any combination of players accumulates the fourth (4th)
ejection of the season.
b. Teams
are suspended for the remainder of the season upon the conclusion of the game
in which the team has accumulated its
seventy five (75th) or more penalty
point.
3.
Spectators/non-field
players:
a. Teams are suspended for the remainder
of the in which non-field players enter the field of play.
3.
Individuals and Teams may request reinstatement of the suspensions in this
section thru the EDS2 Appeals Committee.
A letter must be written to the EDS2 Appeals Committee and a
non-refundable fee of $150 must accompany the letter. This letter and fee will be mailed to the
EDS2 Administrator.
IX. Hearing Procedures
A.
General.
1.
No Conflict of Interest. Members of any committee hearing a protest, appeal,
disciplinary hearing, or grievance shall be composed of persons having no
conflict of interest in the matters being heard, and having no association with
the principal parties in the matters. No person may adjudicate a matter at more
than one level.
2.
Record of Hearing. The chairperson of the committee shall appoint one committee
member to make a record (minutes) of the proceedings.
3.
Types of Hearings:
a.
Open Hearings...Open hearings shall be held with the principal parties,
witnesses for both sides, and all necessary evidence, actually appearing before
the members of the Hearing Committee. Testimony from witnesses need not be
taken in the presence of other witnesses, but the principal parties shall be
present for all proceedings except the deliberations of the Hearing Committee.
b.
Closed Hearings...Closed hearings require that all testimony and evidence
(including the rules) be submitted in writing. The committee members on an
individual basis may consider testimony and evidence, with a decision by mail
or conference call.
c.
Preliminary Decision...Both an open hearing and a closed hearing may be
preceded by a Preliminary Decision. A preliminary decision is not a separate
hearing, but is a preliminary step for a hearing. A preliminary decision may be
rendered upon a review of any information received and any preliminary
investigation the chairman deems necessary. If a preliminary decision is
reached, the Party defending the action shall have the right to request a
disciplinary hearing. After the Chairman receives receipt of a written request
for a hearing, the preliminary decision is rescinded and the Chairman shall
promptly schedule a hearing. If the Chairman receives no request for a hearing
within ten (10) days after the party's receipt of the preliminary decision,
then the preliminary decision is final and cannot be appealed.
B.
Notification of Hearing/conference call...Proper notification of a hearing will
be given whenever a hearing is scheduled.
1.
All parties must receive notification no later than three (3) days prior to the
hearing. Individuals may waive their rights to the three (3) day notice, if
done so in writing prior to the start of any hearing.
2.
Proper notification will occur in writing and will be considered received if
sent in compliance with EDS2 Notification Requirements (V.)