Governance

Due Process

DISCIPLINARY ACTIONS AND APPEALS

1.1 Background

1.1.1 Purpose

To maintain and encourage appropriate behavior by its members, the Ohio Valley Region, Inc. (OVR) will deal with violations of Rules, its Code of Conduct, and/or Ethics through a disciplinary process described herein. To address complaints or allegations and streamline the associated response time, the OVR Board of Directors has adopted the following procedures.

1.1.2 Definition

The concept of Due Process involves the right of the accused to reasonable notice and a hearing, at which he/she is permitted to present his/her side of the story and defend the charges.

1.1.3 Due Process Committee

The Due Process Committee will be an ad-hoc committee consisting of three (3) registered adult members, in good standing. Committee members will be selected by a Board member designated as the Due Process Coordinator. Committee composition will be chosen so as to adequately represent players, coaches, and officials. Board members are not eligible. The Due Process Coordinator will designate one of the committee members to be the Due Process Committee Chair.

1.2 Scope of Application

1.2.1 Time

The disciplinary policy and procedures for the OVR shall apply throughout the season (1 November through 31 October).

1.2.2 Subjects

The disciplinary policy and procedures for the OVR shall apply to all registered members and organizations.

1.3 Steps and Procedures

1.3.1 Notification

Violations of Rules, Code of Conduct, and/or Ethics will be first brought to the attention of the OVR Commissioner. Within seven (7) days, the Commissioner shall send written acknowledgement of the notification to the accuser and accused.

1.3.2 Fact-Finding

Within sixty (60) days of acknowledgement of the notification, the OVR Commissioner shall use reasonable efforts to gather pertinent facts from involved parties and witnesses. The Commissioner may use various means (e.g., telephone, personal interview, email) to gather this information in a fair and expeditious manner. Following investigation of the alleged violations, the OVR Commissioner shall determine whether a violation occurred and the severity of the violation. If the Commissioner determines that no violation occurred, the principal parties and the Board of Directors will be so notified in writing.

1.3.3 Sanction

If the Commissioner determines that a violation has occurred, then within ninety (90) days of acknowledgement of the notification, the Commissioner shall determine the appropriate sanction, and will inform the violator, via registered or certified mail, of the imposed sanction. Additionally, the Commissioner shall notify the Board of Directors and the accuser of his/her decision. These sanctions may include but are not limited to:

a) Reprimand: –a written or verbal statement to the offending participant(s).
b) Probation:– conditions imposed whereby no sanctions will be levied, unless warranted by further misconduct.
c) Suspension: –a designated period of time in which participant(s) will be prohibited from any involvement with any volleyball-associated business within the region.
d) Expulsion: –the act of expelling an individual or group from the OVR for life.

1.3.4 Appeal Procedures

Any registered member or organization, having been assessed a sanction, will have the right to appeal any decision(s) and/or degree of sanction(s) imposed by the Commissioner, to the Due Process Committee. Sanctions will be in force during the appeals process.

1.3.5 Time of Appeal

When sanctions are imposed, the Commissioner will also inform the accused that they have, from date of notice, fifteen (15) days to appeal the sanction to the Due Process Coordinator. The appeal must be in writing and sent to the Commissioner and to the Due Process Coordinator via registered or certified mail. Failure on the part of the alleged violator(s) to appeal within the fifteen (15) days will make any appeal null and void.

1.3.6 Appeals Hearing

It is the right of the alleged violator(s) to provide rebuttal evidence related to the allegations. The Commissioner shall forward to the Due Process Committee all pertinent information gathered during the fact-finding phase. When the Committee receives the necessary facts and correspondence, the Committee will set a hearing date. This hearing date shall be held within thirty (30) days after receipt of a notice of appeal. The hearing may, at the discretion of the Committee's chair, be held by conference call. If a conference call is not desired by the Committee's chair, the Committee will set a time and place for the hearing.

1.3.7 Hearing Agenda

In conducting a hearing or conference call, common sense and fairness good faith shall prevail. Each hearing should have three two parts:

a) Presentation of accusation and evidence in support of accusation and sanction.
b) Responses, defense, or counter argument of the accused.

1.3.8 Disposition

The committee will meet in closed session to discuss and decide the outcome of the appeal.

1.3.9 Outcomes

The Committee will decide one of the following:

a) If the alleged violator has presented evidence that convinces the Committee that no violation occurred, the Committee may dismiss the accusation in full.
b) The Committee may reduce any sanction imposed or change any part thereof.
c) The Committee may mandate alternative sanctions.
d) The Committee may confirm and support the sanctions of the Commissioner.

The Committee will inform the principal parties and the Commissioner of its decision within seven (7) days in writing by registered or certified mail. The Committee will also inform the violator(s) of their right to appeal the Committee's decision to the OVR Board of Directors.

1.4 OVR Board of Directors

If the member(s) is still not satisfied with the Due Process Committee's decision, they may petition the OVR Board of Directors for an appeal. The written appeal must include a detailed justification for the request and be submitted by registered or certified mail within fifteen (15) days from receipt of the Committee's decision. This appeal must be sent to the Chief Executive Officer. The Board of Directors will consider the appeal, and may, at its discretion, choose to set a hearing or to determine its response without a formal hearing, within 180 days of receipt of this final appeal request. The decision of the Board of Directors shall be final and not subject to further appeal.

[last revised: January 18, 2000]
 

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