Judicial/Protest & Appeals

EASTSIDE YOUTH SOCCER ASSOCIATION

MANUAL OF OPERATIONS

PROTESTS, APPEALS AND DISCIPLINARY HEARINGS

ADOPTED APRIL 5, 1995

TABLE OF CONTENTS

I Definitions	II Authority	III Lines of Jurisdiction
IV Mandatory Conditions	V Hearing Committee Composition	VI Filing Procedures
VII Filing Fees	VIII Documentation Processing	IX Procedures for Hearing
Form for Filing Protest/Appeal	Protest/Appeal Document Directory

IMPORTANT NOTICE

A claim of ignorance of these procedures will not be satisfactory grounds for the alteration or waiving of such policies or procedures.

The chairperson of any committee which is established for the purposes of hearing a protest, appeal, or disciplinary matter, will be familiar with the policies and procedures defined in this manual as well as those of the WSYSA.

Any hearing of a protest, appeal, or allegation of misconduct must be as the result of a properly submitted written cause of action. No hearing or other administrative action will result from circumstances or charges which are only communicated verbally.

Proper documentation of all Protests, Appeals, and Disciplinary Hearing matters must be maintained, and all actions must be in accordance with the following procedures and time-frames.
SECTION I: DEFINITIONS

PROTESTS are usually related to a specific game or administrative action, and are filed by one of the involved team officials. Only those teams involved are permitted to protest a game result. Protests, on a specific game, cannot be filed by third parties, such as coaches from other teams or league/state administrators.

Protests submitted to a competition authority (league, tournament, etc.) must be filed in accordance with the protest procedure and rules of that competition. The protest must be based upon violation of the published rules of the competition or EYSA Bylaws and/or Rules and Regulations, WSYSA Rules and Regulations, or FIFA Laws of the Game.

The rights of protest and appeal within the rules of the competition must be exhausted before proceeding to the next level of authority defined herein.

APPEALS arise as the 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 decision, shall be allowed to appeal.

An appeal shall not have the effect of "staying" a previous ruling. Previous decisions remain in force, pending the results of the appeal.

DISCIPLINARY HEARINGS result from allegations of misconduct. Such misconduct must be a violation of a published rule, regulation, or procedure.

A disciplinary committee shall only hear allegations of misconduct which are lodged against individuals or entities within the jurisdiction of the convening authority.

Only the elected and/or appointed officials of duly constituted teams, clubs, leagues, tournament committees, EYSA or WSYSA administration may bring charges of misconduct. Referees are recognized as officials of such organization in matter regarding game misconduct.

GENERAL GRIEVANCES - A "grievance" is a complaint of a general nature, which is not based upon specific rule violations, or upon a specific administrative decision (or lack of decision). General grievances are not handled through protest, appeal, or disciplinary hearing processes.

Grievances may be heard on an informal basis by the appropriate competition authority, the EYSA Judicial Committee, the EYSA Board of Directors, the District Commissioner, and/or the WSYSA Board of Directors.

SECTION II: AUTHORITY

1. The Judicial Committee has the authority to investigate and/or act on any report of misconduct in or around a soccer playing area by a EYSA team, player, coach or spectator prior to, during, or subsequent to a game.

2. The Judicial Committee may interpret the rules, or render decision on matters not covered by the rules, at any time at the request of the EYSA Board of Directors, or any affiliated club. The Committee's decision and interpretations will be binding, provided the Chair of the Committee mails to the requesting party such decisions and interpretations within seven (7) days after they are made.

3. The Judicial Committee will render their interpretations and penalties based on the Rules of Competition, Bylaws, Policies and Procedures as set forth by EYSA, WSYSA and USYSA.

4. The Judicial Committee, at its discretion, may admonish players, coaches and/or spectators, or may suspend or expel players and/or coaches from participation in EYSA activities. If an incident results in a criminal charge against a EYSA team member and/or coach, that person will automatically be suspended from EYSA participation until the criminal charge is resolved. Upon resolution of the criminal charge, the Committee will decide whether to continue or to lift the suspension or determine whether other action may be appropriate.

5. Letters complaining about conduct of players, coaches, and spectators may be acted upon as deemed appropriate by the Judicial Committee. Letters complaining about referees will be forwarded to the Referee Committee Chair for study, comment, and appropriate action.

6. Failure to appear before the Judicial Committee, when requested, to respond to a misconduct matter or letter of complaint or rule violation matter, may result in a suspension from EYSA participation. The length of such a suspension will be at the Committee's discretion.

7. Players that accumulate three yellow cards during the league season will be ineligible to compete in the next regularly scheduled league match. Yellow card totals will not be carried over from league to WSYSA-sanctioned tournament matches. Players who receive their third yellow card during their last league game will be ineligible to compete in the first game of the next WSYSA-sanctioned tournament following the league season played in by that player.

Players that accumulate three yellow cards during any WSYSA-sanctioned tournament will be ineligible to compete in the next regularly scheduled tournament match. Players who receive their third yellow card during their team's last game in any tournament will be ineligible to compete in the first game of the next WSYSA sanctioned tournament those players play in OR the first league game of the following season if no further tournaments are entered.

Players receiving a red card will be ineligible to compete in the next regularly scheduled match after the next regularly scheduled judicial hearing unless the red card is canceled or reduced to a yellow card by the Judicial Committee. A more severe penalty may be applied by the Judicial Committee under established guidelines. Players that accumulate three red cards in a seasonal year (September 1 through August 31) will be suspended and be required to petition the Judicial Committee for reinstatement of their eligibility to compete on any team. Upon reinstatement, the Judicial Committee will set the terms of probation. Failure to comply will cause those players to be suspended for the remainder of the seasonal year.

The coach of a team that has four players which received red cards during the seasonal year (September 1 through August 31) will be required to appear before the Judicial Committee within seven (7) calendar days from the receipt of written notice from the Committee. The Judicial Committee will then set the terms of probation for that coach. Failure of the coach to appear at the next scheduled Judicial Committee meeting after date of notification will cause the coach to be suspended and required to petition for reinstatement of his/her eligibility to coach this or any team.

All petitions for reinstatement must be accompanied by a $50.00 non-refundable fee (certified funds only).

SECTION III: LINES OF JURISDICTION

The line of jurisdiction, in ascending order, will be:

Level 1: Eastside Youth Soccer Association Judicial Committee. This body will hear original protests, appeals and allegations of misconduct arising from events within EYSA's jurisdiction. They may also hear appeals of decisions made by directors or officers of EYSA

Level 1A: Eastside Youth Soccer Association Board of Directors will hear appeals arising from decision made by the EYSA Judicial Committee.

The EYSA Board of Directors will establish the procedures for the protest, appeal and disciplinary hearing procedures contained in this manual. The procedure must be in writing and must include notification of the right to appeal to higher authorities and the procedure for doing so. These procedures must be published by August 31st of each year. These procedures must coincide with those followed by WSYSA, USYSA and FIFA.

This manual will be considered Level 1 of the WSYSA Manual of Operations, Protests, Appeals and Disciplinary Hearings. All proceeding lines of jurisdiction will be as outlined in the WSYSA Manual of Operations, Protests, Appeals and Disciplinary Hearings.

SECTION IV: MANDATORY CONDITIONS

1. No EYSA authority will hear or adjudicate an allegation of violation of USSF Rules 3042 as it pertains to assault on a referee or lines person or WSYSA Rule 13.5, "Assault on Official". Any and all allegations of assault on a referee or official linesman will be immediately submitted to Level 3 (WSYSA Manual of Protests, Appeals, and Disciplinary Hearings).

2. The hearing and adjudication of any protest or allegation of misconduct will be completed within thirty (30) days of the filing of the cause of action. If a decision is not reached within this thirty (30) day period, the matter may be submitted to the next higher level without determination, and the fee submitted will be applied at the next level.

3. The decision and/or disciplinary sanctions imposed as the result of a hearing of any protest, appeal, or allegation of misconduct, will be binding at all levels, and will be recognized by all affiliated organization (leagues, tournaments, etc.) The filing of an appeal will not "stay" the execution of such decisions and/or disciplinary sanctions.

SECTION V: HEARING COMMITTEE COMPOSITION

1. Committees hearing and deciding protests, appeals, and allegations of misconduct will 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. Committee members should be readily available from a time and geographic standpoint. No person will adjudicate a matter at more than one level.

The Committee chair will appoint a committee member to make a written record (minutes) of all proceedings.

2. The Judicial Chair of EYSA (or his/her designee) will chair the Committee and will vote only to break a tie.

3. The EYSA Judicial Committee will consist of a Club appointed representative member of each affiliated club. Each will have one vote. No member of the EYSA Board or any Club President, may serve as a member of this committee during their term of office. The Referee Chair will be an Ex-Officio member of this committee without voting privileges.

4. A quorum is necessary to conduct business. A quorum will consist of 3 club representatives.

5. Consensus will be the preferred method of decision making. In the event that a consensus cannot be reached, a vote will be taken. The majority opinion will be final.

6. In cases of appeals to the EYSA Board of Directors, the committee members will be those elected to the EYSA Board of Directors who have not participated in any hearing of the matter at a lower level.

SECTION VI: FILING PROCEDURES

1. Filing will be as follows:

All Disciplinary actions must be submitted in writing to the EYSA Judicial Committee c/o the EYSA Judicial Chair, and postmarked within 72 hours of the alleged action and will include:

1. The nature and specifics of the complaint.

2. A listing of the rules or procedures which have been violated.

3. A statement of the desire resolution.

A form for this purpose has been attached to this document. Use of this form is not mandatory, but doing so assures that the necessary information is presented in a proper manner. Additionally, referees game reports, while conforming to a different format, will also be accepted.

2. Filing an appeal will be as follows:

The appeal must be mailed to the EYSA Board of Directors c/o the EYSA President, Registered U.S. Mail, or Certified U.S. Mail-Return Receipt Requested within 48 hours (48) hours of the receipt by the appellant of the prior adverse ruling (Sundays and holidays excluded, unless the rules of the competition state otherwise).

Additionally, in an appeal of the EYSA Judicial Committee Decision, one (1) copy will be sent to the EYSA Judicial Chair at the exact same time and manner as used in notifying the EYSA Board of Directors.

SECTION VII: FILING FEES

1. No filing fees are necessary when filing an initial allegation or protest.

2. A $25 filing fee is necessary for the appeal to the EYSA Board of Directors in certified funds only.

3. Appeals above this level, refer to Level 2 of the WSYSA Manual of Operation, Protests, Appeals and Disciplinary Hearings.

4. If a protest or appeal is rejected, or upheld the fee will be returned to the protestor or appellant. If a protest or appeal is denied, the fee will be retained and deposited in an appropriate fund.

SECTION VIII: DOCUMENTATION PROCESSING

1. The filing of a protest, appeal, or allegation of misconduct will be in accordance with the provision of Section VI of this document.

2. Upon filing of a protest, appeal, or allegation of misconduct, the receiving authority will institute the following procedures:

a. Within 48 hours, the appropriate action or response will be determined by conducting a "validation/review" of the following:

1. Identifying the principal parties involved.

2. Determining if they are in good standing.

3. In the case of a protest, determining the protestor's right to lodge a protest (See Section I-Definitions; Protests).

4. In the case of an appeal, determining if the appeal is directly related and germane to the decision of the next-lower authority. (If not, the appeal must be rejected and returned).

5. Determining if all the information necessary to adjudicate the matter and reach a decision is included. (Such information may include names, addresses, phone numbers, minutes of previous hearings, applicable rules, referees game reports, etc.)

6. Determining whether the matter has been filed with the proper authority.

7. Determining that specific charges are made, the rules allegedly violated are cited, and the desired resolution has been stated.

b. Upon completion of the "validation/review", if all the information and documentation necessary to reach a decision are available, the principal parties are to be immediately notified of receipt of the complaint.

This notification will also include the date, time, and place of the hearing. If notification of the receipt of the complaint, and notification of the date, time and place of the hearing cannot be accomplished at the same time, two (2) separate notifications will be required.

3. Sufficient time should be allowed for the parties to prepare and appear. Unless the rules of the competition dictate sooner, the hearing will be scheduled within a minimum of seven (7) and a maximum of fourteen (14) days following notification of the receipt of the complaint.

4. Notification of the receipt of a protest, appeal, or allegation of misconduct, and of the date, time and place of a hearing, will be communicated to the principal parties at the same time, and by the same method.

This notification will be accomplished by one of the following methods (in order of preference):

a. Telephone, with written follow-up sent by U.S. Mail (to be sent as per method b or c below).

b. Certified U.S. Mail, return receipt requested.

c. Registered U.S. Mail.

d. Mailgram, with confirming copy.

e. Telegram, with confirming copy.

5. Notifications will contain the following:

a. A condensed restatement of the cause of action.

b. The date, time and place of the hearing.

c. The type of hearing to be held (see Section VIII, paragraph 1).

d. What limits or restrictions (if any) will be imposed on testimony.

e. Whether or not testimony must be in written form, and the date by which such written testimony must be received.

f. Any other special requirements.

6. A complete copy of this Manual of Operations document (Protests, Appeals and Disciplinary Hearings) will accompany the Notification of Hearing sent to the Principal parties.

SECTION IX: PROCEDURES FOR HEARINGS

1. The method of holding a hearing may vary due to distance, time, and the level of appeal. There are two types:

a. OPEN HEARINGS will 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 will be present for all proceedings, except the deliberations of the Hearing Committee.

Deliberation may occur and decisions may be reached, in either open or closed sessions.

b. CLOSED HEARINGS require that all testimony and evidence (including rules) be submitted in writing.

Testimony and evidence may be considered by committee members of an individual basis, with a decision reached by mail or conference call.

The principal parties must submit all evidence, testimony and arguments in written form, as specified by the notification.

The original hearing of any protest or allegation of misconduct must occur in open hearing. Subsequent appeal(s) may be heard in either open or closed hearings.

A. Agenda

1. All parties, including witnesses, will be brought into the hearing chamber. The following items will be described by Chair:

a. Statement of case to be heard, including:

1. Names of parties involved (including team, league, etc.).

2. Specific event involved (game, tournament, etc.).

3. Date of occurrence.

4. Numbers and description of rules allegedly violated.

b. Procedures for hearing, including:

1. Plaintiffs and Defendants allowed to remain in hearing chamber. All witnesses to wait in outer chamber.

2. All written evidence should be been presented in advance for distribution and inclusion in the evidence packet.

3. All written evidence presented at the hearing will be passed to the Chair. The Board of Directors will vote on it's acceptance as proper evidence (criteria to include notarization of signatures, pertinence as to eyewitness accounts, etc.)

4. All questions/statement from involved parties will be addressed to the Chair, who will ask the appropriate individual for an answer/rebuttal if deemed appropriate.

5. Witnesses may be recalled after initial testimony for further testimony and/or clarification.

c. Decisions will be made, and notification will be made in writing, within forty-eight (48) hours to both parties, including instructions for appeal.

2. All witnesses will then be excused to outer chamber.

Plaintiff will present case.
Witnesses for plaintiff will be called individually.
Board member will question plaintiff/witnesses as deemed necessary after each testimony has been given.
Defendant will present case.
Witnesses for defendant will be called individually.
Board members will question defendant/witnesses as deemed necessary after each testimony has been given.
Any witnesses will be recalled as necessary.
Plaintiff will make closing statement.
Defendant will make closing statement.

3. Open hearing adjourned, parties excused; Board to deliberate.

B. Evidence and Testimony

1. All evidence, such as identification cards, team rosters, referees' game reports, letters, proof of age documents, and other sources of written or printed information, will be original or official only. No copies (e.g., photo, xerographic, or other reproductions) will be acceptable.

Notarized documents will attest to the validity of the signatures thereon, and will not attest to the validity of the information contained in the document.

Proof of age documents will conform to the rules of competition and WSYSA Rule 4.3.2.

2. All testimony will be limited to the principal parties, eye-witnesses, and recognized authorities on the subject (such as the registrar on registration matters).

If a witness cannot appear at an open hearing, written testimony will be accepted. Notarization may be required at the option of the hearing authority, but only if such requirement was communicated in the notification of the hearing.

Character witnesses and other third-party witnesses will not be allowed.

In the case of open hearing, testimony may be restricted with respect to time.

3. A document directory (sample attached) will be established at Level 1.

All documentary evidence received will be listed. The minutes of the proceedings and a copy of the notification of decisions will be listed as the final documents for each hearing.

C. Decisions

1. The committee hearing a protest, appeal, or allegation of misconduct will decide each issue arising from the hearing. The chairman will vote only when necessary to break a tie.

2. The decision of the committee, and any disciplinary sanction imposed, will respond only to the specific issues and allegations contained in the complaint (as filed).

Any other issues and/or rule violation, which may become known or apparent during the hearing, will be referred to either the convening authority or a lower-level authority (except for violations of WSYSA Rules 13.5, which will be immediately referred to Level 3). This referral may be accompanied by a recommendation for appropriate action. When such matters are referred, notice of the referral will be included with the notification of decisions rendered.

3. Decisions will be reduced to written form, and will be forwarded to the principal parties within forty-eight (48) hours of the conclusion of deliberations (Sundays and holidays excepted).

If a suspension is imposed upon an affiliated player or administrator (or on appeal a suspension is overturned), District II and the WSYSA office will also receive a copy of the decision. Suspension of players for less than thirty (30) days duration are exempt from this requirement.

4. Notification of the decisions of the committee will be communicated to the principal parties at the same time, and by the same method.

Notification will be communicated in writing, by one of the following methods (in order of preference):

a. Certified U.S. Mail, return receipt requested.

b. Registered U.S. Mail.

c. Mailgram, with confirming copy.

d. Telegram, with confirming copy.

Verbal communication of decision will not be permitted. Consideration should be given to ensure that the method chosen provides adequate notice to teams which are impacted by the decision(s).

5. Notification of the decisions will include a statement of the procedure for appeal. The statement will clearly indicate the appropriate level of jurisdiction, including the identity and address of the person and/or office to which the appeal must be directed, in accordance with the following;

*Decision Made By:*	Appeals Submitted To:
EYSA Level 1	EYSA Board of Directors
EYSA 1A (EYSA Board of Directors)	District II Commissioner
WSYSA Level 2 (District II Commissioner)	WSYSA Protests and Appeals Committee
WSYSA Level 3 (WSYSA Protest & Appeals Comm.)	WSYSA Board of Directors
WSYSA Level 4 (WSYSA Board of Directors)	USYSA Regional Appeals Committee, unless the decision results from a finding that a violation of WSYSA Rule 13.5 has occurred

If a violation of WSYSA Rule 13.5 is adjudged to have occurred, appeal will be directly to the USSF Appeals Board within thirty (30) days of receipt of the decision, with a fee of $100.00 (USSF 704.5; USYSA 3.2.8 1108).

6. Written minutes of all hearings will be considered proprietary and made available only on request from higher level authorities in direct line of appeal.

EASTSIDE YOUTH SOCCER ASSOCIATION

PROTEST/APPEAL DOCUMENT DIRECTORY

(FOR USE BY EYSA JUDICIARY AND EYSA BOARD OF DIRECTORS ONLY)

PAGE ___ OF ___

DATE: ____________________ CASE #:___________________

REFEREE: _________________________________________________

COACH: __________________________________ TEAM AGE:_____ GENDER:____________

HOME: YES___ NO___ TEAM NUMBER: _____________ TEAM NAME: ___________________

PLAYER: __________________________________________________________

CAUTION: YES ___ NO___ SEND OFF: YES ___ NO___

BRIEF DESCRIPTION OF FOUL: _______________________________________________________________

___________________________________________________________________________________________

DOCUMENTS: (PLEASE PRINT OR TYPE)

RECEIVED BY:

DATE OF DOCUMENT TITLE DATE (NAME/TITLE)

DOC # DOC. OR DESCRIPTION RECEIVED AFFILIATION

______________________________________________________________________________________

INSTRUCTIONS TO COMPLETE DOCUMENT DIRECTORY

1. Begin numbering documents with Number One. Document Number One should always be the original protest/appeal. Continue numbering consecutively without missing numbers.

2. Date appearing on Document.

3. Self-explanatory.

4. Date document received for case.

5. Received by should include individual's name, title, if any, and affiliation or organization name. (All protest/appeals must be filed by an affiliated member of WSYSA, and a protest/appeal may only be heard by an affiliated member of WSYSA.

MEETING FINDINGS:

Notified of Protest Process? YES ___ NO ___

Written verification sent: DATE __________ METHOD _____________ 4/5/95

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