Governance

Due Process

DUE PROCESS

If an individual or team of the OVR is accused of wrongdoing within a Regional or National volleyball context and sanction is imposed, due process involves the right of the respondent to confront the complainant(s), to present their side of the incident, to receive fair consideration, and to have the opportunity to have the Region’s decision reconsidered by a higher and perhaps more objective authority.

DISCIPLINARY ACTIONS AND APPEALS

The authority for the adjudication and appeals process for violations of ethics, eligibility rules, the Code of Conduct and/or the USA Volleyball Substance Abuse Policy shall be vested in the Review Committee of the OVR, Inc.

ESTABLISHING A REVIEW COMMITTEE

  1. Selection of committee members:
  1. Members shall be selected from the OVR membership at large by a due process coordinator assigned by the Commissioner/President.
  2. No individual elected to the Board of Directors is eligible to serve on the committee.
  3. The Due Process Coordinator shall appoint three (3) individuals to the committee, designating one as the chairperson, to hear the specific case, keeping in mind the following facts: the type of case, the respondent's division, the geographic location, and any potential conflicts of the hearing board members.
GUIDELINES FOR FILING AN APPEAL

  1. A summary of the incident will be sent to the Chairperson via certified mail. The summary will include the following information:
    1. Description of the incident including pertinent information leading up to the incident.
    2. Date and location of the incident.
    3. Names and addresses of any witnesses.
    4. Description of any sanctions imposed and by whom.
  2. Upon notice, the Committee will notify all persons involved in the incident and take statements from the appropriate persons.
  3. The Committee will hold a conference when all information pertinent to the incident is collected. For convenience, the conference can be held by phone and does not have to include any persons involved.
  4. A majority vote is necessary to rule on any matter brought before the committee. When the committee renders a decision, all parties involved will be notified by certified mail. A copy of the decision will be filed with the OVR Commissioner/President.
  5. 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 of the request and be submitted by registered or certified mail within fifteen (15) days of receipt of the Committee’s decision. This appeal must be sent to the Commissioner/President. The Board will only consider whether or not the member(s) received due process.
  6. If the Board decides that due process was not provided to the member(s), the Board of Directors will consider the appeal, and may, at the Boards’ sole and absolute discretion, choose to set a new due process hearing with a new committee, within ninety (90) days of receipt of the Board’s written decision.
  7. Any further appeals would be to the RVAA for review of complaints about RVA disciplinary or procedural matters only for a determination of whether the OVR supplied due process to the complaining individual or group. Complaints shall be referred to the RVAA Chair in written form.

[last revised: January 2023]
 

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