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Grievances & Appeals
Members in good standing within the Association may file a grievance or
appeal an action taken against them by the Association or it’s members.
The
procedures for filing such action are shown below and must be followed
in
the order provided depending upon whether the grievance/appeal is the
result of an action taken by the member’s individual sport officials, the
All-Sports Board of Representatives or the Board of Control.
Section I
Action Taken by the Board of Control
1. If the member chooses to file a grievance as a result of an action
taken
by the Board of Control, he/she must submit a letter to the Board of Control
in writing not later than 30-days upon notification of the Board's action.
If the letter is submitted as a result of lower board action, the same
Procedures will apply. The letter must show reason for appeal
and will
contain a specific request to appear before the board if the
member
desires. The Board of Control will review the appeal and either
accept it or
will ask the member to appear before the Board for further
discussions
prior to final action on the appeal. The Board will give the
member a
minimum of 10 days advance notice of appearance before the
next
scheduled meeting of the Board, unless the member requests a
waiver of
this 10-day requirement. Regardless, the member will be
notified in writing of
the final disposition of his/her appeal.
2. If the final disposition by the Board of Control results in a
Suspension
of the member, the member may further appeal the decision to the NIAA
if the sport is in season. The Secretary-Treasurer will
provide appropriate
information to the member on how to appeal to the NIAA.
For any action when the sport is not is season (such as summer basketball
tournament), the action by the Board of Control is final and no further
appeal can be made.
Section II
Action Taken by the All -Sports Board of
Representatives
If the member chooses to file an appeal as a result of the action taken
by
the All-Sports Board of Representatives, he/she must file the appeal in
writing not later than 30-days upon notification of the All-Sports Board of
Representatives’ actions. The appeal will be submitted to the Board
of
Control. Further action by the Board of Control and/or
member will proceed
as described in Section I above.
Section III
Action Taken by the Individual Sport’s Board
If the member chooses to file an appeal as a result of action taken by the
member’s individual Sport’s Board, he/she must submit request in writing to
the All-Sports Board of Representatives not later than
30-days upon
notification of the Individual Sport’s Board action, to include request
for
appearance if desired. The Secretary-Treasurer will notify
the member a
minimum of 10 days prior to the All-Sports Board of
Representatives
meeting and will notify the Vice President (Chairman of
the All-Sports Board
of Representatives) of impending appearance/appeal.
Sequence of further action is as detailed above in Section II.
Section IV
Action Taken by the Individual Sport’s Assigner
If the member chooses to appeal an action taken by his/her assigner
for
that sport (such as fine levied against the member or removal
from certain
assignments), the member must notify that sport’s Board of
his/her intent
to appeal. This may be done informally and if resolved by the
Sport’s Board,
no further action is required. Should member not be
satisfied with the
decision of the Sport’s Board, he/she may submit
further appeal to the
All-Sports Board as shown above.
Section V
Failure to Follow Above Procedures
Should the member, in his/her appeal, fail to follow the appeal process
outlined above, the appeal will be returned to the member for
resubmission
to the proper level. This will only cause a further delay in
resolution, so
member should insure he/she follows the above procedures.
Section VI
Retention of Legal Counsel to Assist Member
Should any member desire to exercise his/her right to have counsel
represent
them, the appeal will go directly to the Board of Control,
bypassing any
intermediate appeal levels. (This is because Association
counsel is not
provided for any actions taken below the Board of Control
level.). Any
correspondence received from member’s legal counsel will
be referred to the
Association counsel for assistance in resolution.
Once a member retains counsel, no communication will be permitted
between the member and the Board of Control regarding
the issue. All communications will be between counsel for both parties.
Section VII
Status While Appeal is Pending
1. If the appeal is because of a fine levied against the member, the
collection of the fine will be made as normal (taken out of members
next
check). Should the final decision result in suspension of fine,
any monies
collected will be refunded on the next or subsequent check.
2. If the appeal is because of a suspension from officiating in
the sport, the
suspension will remain until overturned by decision of
appropriate board.
Member will not be scheduled for any further
games/matches in that sport
until issue is resolved. Member will remain a
member in good standing and
may be scheduled to officiate contests in
another sport as normally done by
that sport’s assignor. Suspension from
participating in a particular sport may
be made by that sport’s governing
Board.
3. Suspension from the Association can only be done by the Board of
Control
and lower boards must submit any recommendations to the
Board of Control
fully documenting reasons for recommendation. Until such
time as the Board
of Control makes a final decision, the member will
remain in good standing
in the Association. |