ARKANSAS ASSOCIATION OF USA TRACK & FIELD
BYLAWS AND OPERATING REGULATIONS
An Arkansas Non-Profit Corporation
Amended October 15, 2010
The name of this corporation shall be the Arkansas Association of USA Track & Field, hereinafter referred to as Athis Association.@
As used in these Bylaws and the Operating Regulations:
1 Active athlete means any individual who is actively engaged in Athletics or who has represented the United States in international competition held under IAAF jurisdiction in Athletics within the preceding ten (10) years; and
2 Eligible athlete means any athlete who meets the eligibility standards established by USATF for Athletics.
B Athletics means, inclusively, track & field, long distance running, cross country running, road running, race walking, and any other sport discipline recognized by the IAAF.
C Athletics competition means a contest, game, meet, match, tournament, or other Athletics event in which eligible athletes compete.
D Club means a local or national organization whose programs involve competitive member athletes, events, and/or education in Athletics.
E Coach means a person who is currently engaging in the training of athletes on an active basis, whether on a paid basis or not, and regardless of the extent to which coaching is a part of the person=s vocation, or retired from the vocation of coaching.
F NABR means the National Athletics Board of Review, as established in USATF Operating Regulation 11.
G Sanction means the document which evidences the authority granted by either USATF or an Association to conduct a competition, and which also evidences that the recipient has complied with the requirements of USATF Article 20 and USATF Operating Regulation 14.
H Sports organization means a non-profit corporation, club, federation, union, association, or other group organized in the United States which sponsors or arranges any Athletics competition.
I This geographic area means the entire area within the State of Arkansas.
J USATF means USA Track and Field, the national governing body.
PURPOSES AND DUTIES
This non-profit corporation shall act as the governing body (as defined by the Ted Stevens Olympic and Amateur Sports Act of 1998) for Athletics in this geographic area.
A Purposes: This corporation shall have the following purposes:
1 Development: Developing interest and participation in Athletics in this geographic area at all levels;
2 Management: Promoting Athletics and athletes by conducting competitions and other events, and by cooperating with and encouraging other organizations which may do so; and
3 Marketing: Generating public awareness, appreciation, and support for Athletics, USATF, and this Association, creating opportunities for athletes and Athletics events, and generating sponsorships to aid this corporation in fulfilling its purposes and duties.
B Duties: This corporation shall have the following duties:
1 Responsibility to constituency: Being responsible to the persons and sports organizations active in Athletics;
2 Coordination of scheduling: Minimizing, through coordination with other sports organizations, conflicts in the scheduling of all practices and competitions in Athletics;
3 Communication with athletes: Keeping eligible athletes active in Athletics informed of policy matters and reasonably reflecting the views of such athletes in the policy decisions of USATF and this Association;
4 Sanctioning of events: Sanctioning competition in Athletics in accordance with the provisions of these Bylaws and Regulations, USATF Bylaws, and USATF Operating Regulations;
5 Participation in competition: Providing for the participation by eligible athletes in competition in Athletics, in accordance with the provisions of these Bylaws and Regulations, USATF Bylaws, and USATF Operating Regulations;
6 Support of diversity in Athletics: Providing equitable support and encouragement for participation by all persons in Athletics, regardless of gender, age, race or ethnicity, or disabilities;
7 Coordination of certification and education: Providing the means for certification of coaches and officials throughout this geographic area in all disciplines and at all levels of Athletics;
8 Registration and certification of athletes: Registering eligible athletes as members and certifying such athletes as eligible for competition; and
9 Administration of athletics: Performing all other duties necessary for the administration of Athletics in this geographic area and to achieve this corporation=s purposes.
This corporation shall be the governing body for Athletics in this geographic area, and shall exercise the following powers:
A Representation: Representing this geographic area in USATF.
B Establishment of Association goals: Establishing Association goals and encouraging the attainment of those goals in Athletics.
C Coordination of Athletics: Serving as the coordinating body for activity in Athletics in this geographic area.
D Jurisdiction: Shall have jurisdiction over Athletics competition in this geographic area, including Association championships, with the exception that any sports organization which conducts closed Athletics competition (participation in which is restricted to a specific class of eligible athletes such as high school students, college students, members of the Armed Forces, or similar groups or categories) shall have exclusive jurisdiction over such competition.
E Autonomy: This Association shall be autonomous in its governance of Athletics in this geographic area, in that it shall independently determine and control all matters central to such governance in accordance with the USATF Bylaws and Operating Regulations and these Bylaws and Regulations, it shall not delegate such determination and control, and it shall be free from outside restraint except in recognition of its role as a part of USATF. This provision shall not be construed as preventing this Association from contracting with third parties for administrative assistance and support in connection with its purposes and authority.
A Individuals: Any person who meets the criteria for individual membership as determined by USATF shall be eligible for membership. This includes athletes, officials, coaches, administrators, and any other sets of individuals named by USATF.
B Groups: Any organization that meets the criteria for group membership as determined by USATF shall be eligible for membership. This includes clubs, organizations administering competitions, and any other groups designated by USATF. Member groups must designate in writing who the voting members of the group are to be, and must make any changes to this in a timely manner before such individuals are recognized to vote.
C Applications: Application for membership shall be in accordance with the USATF Bylaws and Operating Regulations.
D Suspension and expulsion: Any individual or group recognized by this Association which violates any of the provisions of these Bylaws or Regulations, USATF Bylaws or Operating Regulations, any operating policy approved by the USATF Board of Directors, or any operating policy approved by this Association may be suspended, after due notice and an opportunity to be heard by the body designated to conduct such hearings, until the next meeting of this Association, to which meeting action of suspension shall be reported by the Secretary. At such meeting the suspension may be rescinded by a majority vote of the members, or such individual or group may be expelled by a two-thirds vote.
All members who are over the age of eighteen are entitled to participate in voting at meetings of this Association. No individual may cast more than one vote on any motion or in any election. All voters must be current members of this Association of USATF at the time that they are voting.
A Annual meeting: The annual meeting of this Association shall be held on or before October thirty first of the calendar year, at such date, time, and place as may be fixed by the President or Secretary and announced by requisite notice of such meeting.
B Regular meetings: This Association shall hold regular meetings of the membership and of the Board at such time and place as the Association President or Secretary shall determine with input from the membership.
C Special meetings: Special meetings of this Association shall be held upon call by the President or Secretary. NOTE: This is usually where the membership of an Association must be given the right to force the current administration into holding a meeting for the purpose of addressing grievances or problems they perceive.
D Meeting procedures: The following shall govern the conduct of all meetings of this Association;
1 Notification of meetings:
a Distribution: Notice of the meeting must be distributed by mail, newsletter, Arkansas Association web site, and/or the National Office=s web site;
b Web site use: If a web site is to be used to inform members of the meeting, then members must be informed where to find information on the web site through a mailing or newsletter;
c Prior arrival: The initial meeting notice must be sent by means under which it will arrive at least thirty (30) days prior to the beginning of the elections process; and
d Changes: Any notice of a meeting change must be at least fourteen (14) days prior to the meeting;
2 Publication of agenda: The proposed agenda shall be included along with the meeting notice. Agendas should also be available at the time of the meeting; additional items added to the agenda shall not include any item where action of the committee is necessary, unless seventy-five percent (75%) of the members of the group then present agree to such action
3 Open conduct of business: All meetings of this Association shall be open to all individual members of the Association except as otherwise provided. There shall be a specified time period in the meeting where any member may give input or make a brief statement;
4 Closed or executive sessions: No part of any meeting shall be closed unless seventy-five percent (75%) of the members of the group then present agree to close the session; and
5 Record of a meeting: The Association and all of its committees shall have a recording secretary. Within thirty (30) days of the meeting, draft minutes should be posted on the Internet. All written reports or a summary of such reports shall be distributed with the draft minutes.
E Quorum: Five (5) officers or committee chairs of the Association are required to be present, including the President or Vice President, to conduct official business of the Association. A single organizational member or a small group of members that potentially call for and attend a meeting cannot make changes which affect the entire Association.
F Agenda: Prior to each meeting of this Association, the Secretary shall consult with the President and any Association staff members on the agenda. The Secretary shall prepare an agenda to be presented to the members at the start of the meeting as one of the first orders of business. Such agenda items shall include, but not necessarily be limited to:
1 Attendance: Consideration of the eligibility of members through acceptance of the registrar=s report or roll call;
2 Credentials: Consideration of credentials and challenges;
3 Minutes: Acceptance of the minutes of the previous meeting;
4 Financial report: Treasurer=s report and approval of the budget;
5 Reports: Reports from the President and those officers and committee chairs which have business to come before the delegates;
6 Introductions: Group introduction of other officers and committee chairs (without reports);
7 Amendments: Action on proposed amendments;
8 Elections: Nominations (without speeches except for officer positions) and elections as scheduled, including special elections;
9 Site selections: Report on site selections by each sport committee;
10 Awards: Appropriate awards presentations; and
11 Other business: New or old business as scheduled.
G Rules of order: Questions of order shall be decided by the chair in accordance with Roberts Rules of Order, unless otherwise provided in these Bylaws. Decisions by the chair may be appealed to the Association parliamentarian. The President shall designate a qualified parliamentarian for all meetings of this Association.
The following guidelines shall apply to all elections for officers and sport committee and other chairs in this Association:
A Election notice:
1 Distribution: Notice must be distributed by mail, newsletter, local Association web site, and/or the National Office=s web site;
2 Web site use: If a web site is to be used to inform members of the elections, then members must be informed where to find information on the web site through a mailing or newsletter;
3 Prior arrival: The initial meeting notice must be sent by means under which it will arrive at least thirty (30) days prior to the beginning of the elections process; and
4 Changes: Any notice of a meeting change or a change in the election process must be at least fourteen (14) days prior to the meeting.
B Nominating process:
1 Nominating committee option: Use of a nominating committee by an Association is optional;
2 In-person meeting nominations: Nominations may be made and must be allowed from the floor at an in-person election meeting;
3 Membership & age criteria: A candidate must be a member of the Association who is at least 18 years of age (at the start of the term of office); and
4 Nominations and seconds: A candidate needs one (1) nominator and one (1) seconder who are both members of the Association.
C Voter criteria:
1 One person-one ballot: One (1) person shall cast only one (1) ballot, regardless of how many positions within the Association the person occupies;
2 Proxies: There shall be no proxy voting;
3 Minimum age: Voters must be a minimum of age eighteen (18) on the day of the election.
4 Voting membership deadline: Except for renewals from the previous year, individuals must be members for at least thirty (30) days preceding the election.
5 Appointees: An appointed committee chair or Board member shall not vote in elections in that capacity, but may otherwise qualify for a vote;
6 Organizations: Organizations shall have a minimum of one (1) vote, with the Association having the option of awarding additional votes based on the size of organizations.
7 Organization voters: If an organization has more than one (1) vote, each ballot must be cast by a different representative; and
8 Membership of all voters: Organizations and any person representing an organization in Association voting matters must be members of USATF.
D Conduct of voting: This Association shall use an open meeting ballot where all members of the Association are eligible to attend and vote.
1 Disputes: Credential disputes must be resolved before the election process is started with nominations and/or the report of the nominating committee;
2 Uncontested: Uncontested elections may be voted by acclamation; and
3 Ballot type: A secret ballot must be used for contested elections.
E Counting of ballots:
1 Panel: A panel of at least three (3) individuals, at least one (1) of whom must be an athlete, shall count the ballots and sign the tally. All panel members shall be of voting age. The panel shall not include any individual who is a candidate for a contested office;
2 Consultation: The panel may consult as necessary with the chair, secretary, and/or parliamentarian (so long as they are not candidates for contested offices) on procedural matters; and
F Committee chairs:
1 Age and terms: All committee chairs, whether elected or appointed, must be at least 18 years of age and members of the Association. Chairs shall be elected or appointed for specific terms which are determined prior to the voting for the position;
2 Election: When requested by two (2) or more member organizations of the Association, sport committee chairs shall be elected. When a sport chair is elected, the election shall take place at a meeting which is held separately from the general elections, either by time or location, and at a minimum, shall be advertised to all member organizations in the Association active in the discipline;
G National delegates:
1 Local option: National delegates may be elected or appointed.
2 Plurality: When delegates are elected, a plurality vote may be accepted for election.
H Majority requirement:
1 Officers: The president and secretary of the Association must be elected by a majority of the ballots cast. If a run-off election is necessary, the notification requirement shall be the same;
2 In-person majority: In elections conducted at meetings, a plurality may not be accepted in the first round except for the election of national delegates; and
I Election protests:
1 Operating Regulation 11: Except as indicated below, USATF Operating Regulation 11 shall apply to election grievances. Protests may only be made after the election process is concluded;
2 Panel composition: An NABR panel from a different USATF region shall be appointed to conduct the hearing. All hearings shall be by conference call.
3 Invalidation: The NABR panel shall invalidate an election if it is found that one or more infractions occurred and likely changed the outcome of an election; and
4 Further action: The NABR panel may recommend or require changes for future elections in the Association;
J Employees and elections: Current employees (working within the past ninety days) shall not participate in any part of the elections process (nominations or campaigning), but may, at the discretion of the Association, be permitted to vote if they are members and otherwise eligible.
OFFICERS AND THEIR DUTIES
A Positions: The officers of the Arkansas Association shall be: a President, a Vice President, a Secretary, a Treasurer, and a Membership Chair. No individual may be an officer of this Association who is also an officer of another sport governing body at the local or national level.
B Duties: The officers shall perform the following duties as well as any other duties prescribed by these Bylaws, the USATF Bylaws or Operating Regulations, or the Board of this Association:
1 President: The President shall:
a Preside at all meetings of USATF and its Board;
b Be an ex officio non-voting member of all committees;
c Subject to the direction of the Board of this Association, shall manage and supervisethe affairs of this Association; and
d Select committee chairs and other such members that he or she is entitled to appoint as well as other appointments authorized by these Bylaws after consultation with the other officers. He or she may likewise terminate such appointments for good cause upon written notice to such appointees and the other officers;
2 Vice President: The Vice President shall perform duties assigned by the President and Board. In the temporary absence of the President from a meeting, the Vice President shall serve as acting chair;
3 Secretary: The Secretary shall keep or cause to be kept all records of this Association, and all minutes of meetings of this Association and its Board, and, in general shall perform all duties normally pertaining to the office of secretary;
4 Treasurer: The Treasurer shall keep or cause to be kept a correct and complete record of account, showing accurately at all times the financial condition of this Association, and, in general, shall perform all duties normally pertaining to the office of treasurer; and
5 Membership Chair: The Membership Chair shall collect or cause to be collected all memberships for individuals and groups within the Association, and provide liaison to the USATF National Office in all matters of membership, including reporting and disbursement of benefits.
C Election: All officers are to be elected for a two (2) year term at the annual meeting of the Association. No term limits are mandated by the Association. No person may contest more than one (1) officer position during an election. A person may not hold the office of President and any other officer position unless that person is named in other dual capacities to fill a vacancy.
D Succession and vacancies: There shall be no order of succession to any office. In the event the Board determines that an officer is temporarily unable to serve, it may, in its sole discretion, name another officer to fill the vacancy temporarily. In the event an officer resigns or is permanently unable to serve, the Board shall name a successor until the following annual meeting, subject to the limitation in paragraph C above, at which time a special election shall be held for the unexpired portion of the term.
E Removal from office: Any officer of this Association may be removed for good cause by a two-thirds vote of those members of the Association present and voting at an annual meeting or special meeting called for this purpose, and provided the requisite notice for such meeting (see Article 8) shall properly set forth the removal vote on its agenda.
BOARD OF DIRECTORS
A Composition: The Board of Directors shall be composed as follows:
1 Voting members: The voting membership of the Board shall be as follows:
The officers of this Association (5 persons);
The immediate past president (1 person);
The chairs of the following sport committees:
- Men=s Track & Field
- Women=s Track &Field
- Masters Track & Field
- Men=s Long Distance Running
- Women=s Long Distance Running
- Race Walking
- Youth Athletics
- Athletics for the Disabled
T The chairs of the following administrative, developmental or operating committees:
- Law & Legislation/Rules
- Athletes Advisory
- Coaching Advisory
A A coach elected by and from the (Coaching Advisory Committee) (1 person); and at least that number of eligible athletes which shall constitute twenty percent (20%) of the Board, all of whom must be of voting age and at least one of whom must have participated in international competition for the USA within the last ten (10) years, where available.
2 2 Chair and Secretary: The President of the Association shall serve as chair and the Secretary as secretary; and
B General provisions:
1 Fiduciary responsibility: The Board shall manage and supervise the affairs of the Association and perform those duties specified in these Bylaws; and
2 Meetings of the Board: The Board may conduct its affairs either at a meeting or by a conference call. It shall hold annual meetings or as necessary during each year as called by the President. Additional meetings may be called by the President or upon the written request of any five members of the Board, and if by the latter group, only after a minimum prior notice of five (5) days to the President of such intent by facsimile or e-mail. At least seven (7) days= notice of any in-person meeting and at least forty-eight (48) hours= notice of any conference call shall be given to all members of the Board. After the members of the Board have called for a meeting, the President shall have twenty-four (24) hours to determine the venue and make appropriate notice to the remainder of the Board. For any meeting, notice may be waived by unanimous consent. Written notice shall include the minutes of the previous meeting.
C Election or selection of members: All members of the Board are elected by their constituencies and shall serve at the discretion of those constituencies, unless otherwise stated in these Bylaws.
D Terms: The term for Board members which is not otherwise set by their terms of office shall be the four (4) years of the Olympiad.
E Quorum: A quorum for meetings of the Board shall consist of a majority of the members of the Board.
F Voting: Except as otherwise provided herein, all matters shall be decided by majority vote of those present and voting. There shall be no voting by proxy.
G Board committees: The Board may have committees including, but not limited to, budget, audits, compensation, insurance, and grants. Each Board committee will have no more than five (5) members, at least one (1) of whom must be a Board member. The President shall appoint the members with the approval of the Board.
H Explusion: Failure to participate in two (2) consecutive meetings may, by a 2/3 vote of the Board members attending, cause expulsion of the member or representative.
A Executive Director: The Association will have the option of contracting a paid executive based on the administrative requirements and/or financial position of the Association. If the Association elects to hire a paid executive of the Association, the paid executive shall be the Executive Director, who shall be selected by and shall serve at the direction of the Board, and who shall carry out the policies and programs of this Association in accordance with these Bylaws. The Executive Director shall have these duties:
1 Supervision and appointment of staff: Supervise the paid staff of the Association, including the appointment of such paid personnel as are necessary for the conduct of business;
2 National communications: Supervise the proper handling of the correspondence and communications with individuals and Athletics= organizations in other Associations and with the National Office of USATF;
3 Legal documents and commitments: Ensure that all contracts and other legal commitments of this Association are signed by the authorized officers of this Association after approval by established procedures;
4 Ex officio membership: Serve as a non-voting member of the Board, and all committees and subcommittees;
5 Exclusive employment: Devote his or her full time to the affairs of this Association without engaging in any other profession or employment, except as permitted in the employment contract;
6 Budgetary limitation: Operate within the annual budget. In addition, all major funding matters and expenditures shall be approved by the Treasurer;
7 Strategic planning: Draft strategic plans for this Association and submit for approval to the Board;
8 Yearly report: At the annual meeting, present to this Association a report on the state of the sport, including a review of the progress since the last annual meeting and suggested plans for the future implementation of the strategic plans for the following year; and
9 Other duties: Carry out other responsibilities which may be assigned by resolution of the membership at the Annual Meeting or the Board.
B Staff activities: The staff shall, under the direction of the Executive Director, perform the following duties:
1 Membership: Process all categories of membership under USATF Article 5-D, including the collection of appropriate fees and distribution of benefits and services;
2 Championships: In conjunction with the appropriate sport committees, advertise, schedule, manage, and conduct Association championships;
3 National competition: Manage or liaison all aspects of national competition held in this geographic area;
4 Development: Develop and implement a cohesive, effective development program in conjunction with the development committees and other applicable committees, and the national committees;
5 Public relations / media relations: Optimize the quantity and quality of public exposure of this Association, and its sports, events, and athletes;
6 Publications: Coordinate the timely publication of communications with members and others;
7 Marketing and promotions: Devote sufficient staff resources to ensure the successful marketing and promotion of the sport and of the Association;
8 Fund raising: Conduct fund raising programs for the Association as approved by the Board;
9 Scheduling: Coordinate major competitions and championships;
10 Coordination of certification and education: Provide necessary support for certification and education programs, especially for coaches and officials;
11 Annual meeting: Initiate site selection for the annual meeting of the Association, in conjunction with the President, subject to written guidelines approved by the Board and to final approval of the site by the Board; and
12 Purposes and duties of corporation: Perform other tasks necessary to fulfill this Corporation=s purposes and duties.
C Restricted activities: The members of the paid staff (other than part-time members) shall not participate in any of the following activities:
1 Electioneering: Campaigning for or against any candidate for any elected office or position at any level (Association, committee, national, or international), except that in the state of the sport address at the Association annual meeting, the Executive Director may comment on the performance to date of any USATF incumbent and/or describe the qualifications appropriate for any USATF position; and
2 Voting: Serving as voting members of this Association or any of its committees.
D Complaints against staff:
1 Staff other than Executive Director: A complaint against a member of the Association staff shall be sent to the Secretary of the Association and the Executive Director. By agreement, either shall cause the President and Counsel to the Board to receive the complaint within ten (10) days of receipt. The Executive Director shall be given not less than thirty (30) days to investigate the complaint, and shall have a written report of his or her investigation at the next appropriate Board meeting, including any action (if necessary) to be taken to remedy the situation;
2 Executive Director: A complaint against the Executive Director shall be delivered to the Secretary of this Association. The Secretary shall cause copies to be delivered within ten (10) days to the President and Counsel to the Board. All decisions with respect to the resolution of a complaint against the Executive Director are within the sole discretion of the Board; and
3 Response: All complaints against staff shall be acknowledged promptly. A written response shall be made within thirty (30) days of the resolution of the complaint. Interim reports shall be made every one hundred twenty (120) days, pending resolution.
A Committees: The following committees of this Association are established with such duties, responsibilities, and make-up as outlined here and in Articles reserved for each type of committee:
1. Men=s Track & Field
- Women=s Track & Field
- Masters Track & Field
- Men=s Long Distance Running
- Women=s Long Distance Running
- Race Walking
- Youth Athletics
- Athletics for the Disabled
10. Law & Legislation/Rules
b. Association Liaison
11. Athletes Advisory
12. Coaching Advisory
- Coaching Education
- Sports Medicine & Science
B General provisions: The following provisions apply to all of this Association=s committees:
1 Term of members: The term for members of all committees shall be four (4) years and shall commence at the conclusion of the annual meeting in each year of the Summer Olympic Games;
2 Committee makeup: The makeup of each non-sport committee shall be stated in the description for the committee. Sport committees shall be constituted as follows:
a Association group members: One (1) member to be named by each Association member club or organization active in the discipline of the committee;
b Sports organization members: One (1) member who is a resident of the Association to be named from each sports organization listed in USATF Exhibit B that conduct substantial programs or competitions in the sports discipline of the particular committee;
c Athletics for the Disabled members: One (1) member to represent the collective disabled athletes in the area;
d Officials Committee member: One (1) member to be named by and from the Association Officials Committee;
e At-large members: Three (3) at-large members to be selected by the members of the committee;
f Elected officers and other positions: Any person elected by the committee to serve in an officer position, such number not to exceed four (4) additional members; and
g Active athlete members: That number of active athlete members which shall be at least twenty percent (20%) of the total authorized membership of the committee, such active athletes to be selected by those registered attendees at the meetings of this Association who are active athletes engaged in the particular sport discipline of the committee. For Youth Athletics, AAC shall appoint four (4) active athletes;
3 Committee membership and notification:
a Notification & vacancies: No election, selection, or appointment to a committee shall be effective until the Association secretary or committee chair is formally notified by the organization or other party entitled to make same. Vacancies in a committee shall be filled by the committee, individual, organization, or group entitled to appoint the vacant committee membership position. The Athletes Advisory Committee chair may appoint an active athlete from the applicable discipline to fill an athlete vacancy and/or serve as a voting alternate on any committee;
b Elections: The provisions of Article 9-F shall apply to the elections process of committees. The committees shall be free to adopt other portions of Article 9, or other rules not in conflict with those in Article 9-F;
c Alternates: The individual or group electing or selecting members of any committee or subcommittee (other than committee members elected by this Association or its Board) may designate an alternate. Appointment of alternates shall be reported to the Association secretary or committee chair in a timely manner;
d Membership: All elected and appointed members of all committees shall be members of this Association;
e Termination: Organizations or groups which appoint committee members per this section may terminate such appointments for good cause upon written notice to such appointees;
f Same organization: No more than two (2) at-large members of administrative or developmental committees appointed by the President (other than the chair) may come from the same organization; and
g Listings: Under every committee member=s name in the USATF Directory shall be listed (a) their Association or (b) the governing organization they represent;
4 Committee meetings: Each committee shall hold at least an annual meeting, which may be in conjunction with the annual meeting of the Association. Committees shall hold such special meetings as may be called by the chair, at his or her own initiative, or that of twenty percent (20%) of the membership of the committee, upon twenty (20) days= written notice. In the latter case and in the absence of the willingness of the chair to call a meeting, the notice of a special meeting shall be distributed to all committee members at the direction of the Association secretary upon verification that the requirement of twenty percent (20%) has been met. The notice of a special meeting shall be in writing, setting forth the date, time, place, and purpose of the meeting, and shall be mailed to the last known address of each committee member;
5 Quorum: A quorum for any committee meeting shall consist of twenty-five percent (25%) of its members;
6 Athlete representation: Except for the Youth Athletics Committee and its subcommittees, all Association committees, subcommittees, or other appointed or elected bodies of this Association shall consist of at least twenty percent (20%) active athletes. At least twenty-five percent (25%) of the active athletes shall have competed for the United States in international competition within the last ten (10) years, if such athletes are available; and
7 Committee responsibility: Any committee project or grant which requires applicants to file a written request form must also require a certification that the Association president and sport chair (if appropriate) have been notified of the application. Any USATF national committee awarding funding for projects or events to be held in the Association must notify the Association president in writing of the date and scope of the activity to be held in the Association.
C Committee chairs: The chair of each applicable committee shall be elected in accordance with this Association=s voting procedures (see Article 9) for a two-year term, as shall be determined by the committee prior to voting. The chairs of all other committees shall be appointed by the Association President and shall serve for the same term as the President=s term. Non-sport committees which elect their chairs may also elect an executive committee to act on behalf of the committee between committee meetings.
1 Duties of chair: Chairs of all committees shall:
a Preside at all meetings of the committee;
b Ensure that all duties and responsibilities of the committee are properly and promptly carried out;
c Appoint subcommittees, with the authorization of the committee, as may be necessary to fulfill the duties and responsibilities of the committee. Subcommittees of administrative and developmental committees shall be appointed only from the membership of those committees, except that non-members (not exceeding 50% of the subcommittee) may be appointed with the authorization of the committee;
d Communicate with the committee members to keep them fully informed of events concerning the committee and decisions made to carry out the committee=s responsibilities;
Keep the President and Executive Director informed on all committee actions and recommendations; and
f Cause to be kept and promptly forwarded to all committee members and the Executive Director copies of the minutes of all meetings of the committee;
2 Vacancies: When an elected committee chair is vacant, the position shall be filled by a vote of the committee as a whole by mail ballot unless the committee has previously adopted a different procedure. A panel named by the Association President shall supervise the elections in a manner approved by the Board; and
3 Removal of elected chairs: Chairs may be removed for good cause by a two-thirds vote of the committee at an annual meeting or at a special meeting called for that purpose, provided that the members of the committee shall receive notice of the proposed action at least twenty (20) days prior to the meeting.
D Sport committees general provisions: Each sport committee shall:
1 Executive committee: Have the right to establish an executive committee to perform its duties between annual meetings. The membership of the executive committee shall be at the discretion of the committee of the whole. Except for Youth Athletics, the number of active athletes shall be at least twenty percent (20%) of the membership. If such executive committee is established by either the Men=s or Women=s Track & Field Committees, at least one-third of its membership shall consist of individuals whose vocation includes the administration or coaching of school/college community track & field;
2 Open meeting: Except upon majority vote of those present, allow the attendance at its meetings of Athletics coaches, officials, or representatives of any group engaged in the sport, allowing such invitees voice but no vote;
3 Miscellaneous: Promote and develop activities related to its sport; and
4 Operating procedures: Have a set of written operating procedures on file with the Association Secretary. These procedures shall not conflict with the provisions of the USATF Bylaws and Operating Regulations or these Bylaws. Any modification of the committee=s operating procedures shall be promptly reported to the Secretary. Members of the Association may request a copy from the Secretary and copies shall be available at the Annual Meeting.
E Task forces: The President may appoint task forces. No such entity shall continue beyond the term of the President without specific reappointment. The authorized temporary groups will be reported in the minutes of the next meeting.
1 Duties and responsibilities: In addition to the provisions of Article 13, each committee shall:
a Championships: Have jurisdiction over the Association championships in the particular discipline it controls, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of Regulation 3;
b Calendar: Coordinate the local and domestic competition calendar in its discipline; and
c Records: Approve records for the events within its discipline;
2 Committee definitions: The disciplines and age categories under the control of each sport committee in this division are as follows.
a Age categories:
i Senior athletes are of any age 20 years and over;
ii Junior athletes must be at least age 14 on the day of competition and under age 20 on December 31 in the year of the competition;
iii Masters athletes shall be at least age 40 on the day of competition; and
iv Youth athletes shall not be 19 before the final day of the national Junior Olympics track & field competition and are divided into specified age categories; and
i Men=s Track & Field: Indoor and outdoor track & field activity for junior and senior men, not including track races of greater than 10,000 meters;
ii Women=s Track & Field: Indoor and outdoor track & field activity for junior and senior women, not including track races of greater than 10,000 meters;
iii Race Walking: All race walking activity for junior and senior men and women;
iv Men=s Long Distance Running: Off-track running at all distances, track running at distances over 10,000 meters, and cross country running for junior and senior men;
v Women=s Long Distance Running: Off-track running at all distances, track running at distances over 10,000 meters, and cross country running for junior and senior women;
vi Masters Long Distance Running: All off-track running, cross country running, and track running over 10,000-meters for masters men and women;
vii Cross Country Running: jurisdiction reserved pending LDR task force study; and
viii Youth Athletics: All youth activity not conducted as junior competition for youth boys and girls, including track & field, road running, cross country running, and race walking; and
ix Masters Track & Field: All track, field, and race walking activity for masters men and women, except track running races of greater than 10,000 meters; and
3 Makeup: Each sport committee shall be constituted as stated in Article 13-B-2.
B Associations liaison:
1 Duties and responsibilities: The liaison shall:
a Communication: Communicate with other Associations of USATF;
b Examples: Collect and provide samples of model Association bylaws, policies, and operations manuals;
c Clearinghouse: Assemble and disseminate information to the National Office on registration and membership, events, schedules, services to athletes, and Association statistics;
d Association standards: Assist the Association in understanding accreditation implementation and formulating plans for improvement; and
e Resource: Both advise and serve as a resource for the Association, its officers, and its boards, either individually or collectively, with respect to current fund-raising and marketing & media practices and policies which might be applicable to their particular needs and situations; and
2 Appointment: The liaison shall be appointed by the President with the approval of the Board.
C Athletes Advisory:
1 Duties and responsibilities: The committee shall:
a Policy advice: Serve as a source of reference, opinion, and advice to the officers, employees, Board, and all committees with regard to current or contemplated policies of USATF and/or the Association and in all matters relating to athletes and athlete=s rights;
b Athlete representatives: Appoint, elect, or oversee the election or appointment of athletes= representatives to committees or subcommittees when empowered to do so by these Bylaws;
c Participation in governance: Encourage and foster the representation and active participation of athletes at the meetings of the Association, its Board, and its committees;
d Meetings: Conduct meetings of the active athlete members and other active athlete attendees at the annual meetings of this Association;
e Performance: Assist athletes in achieving maximum performance in Athletics competition;
f Rights of athletes: Educate athletes about their rights and responsibilities in Athletics and assist athletes in preserving and protecting such rights;
g Athlete advice: Advise athletes on all matters pertaining to the general structure and operation of Athletics;
h Transition of athletes: Assist with the transition of athletes in post-competitive years; and
i Operating rules: Adopt operating rules to assist the committee in carrying out its duties and responsibilities;
2 Makeup: The committee shall consist of active athletes in each of the following categories where available:
Distances of 800 meters through 1500 meters;
Distances of over 1500 meters to 10,000 meters;
Road racing and cross country;
Horizontal and vertical jumps;
Race walking; and
At-large (active or inactive) athletes.
D Athletics for the Disabled:
1 Duties and responsibilities: The committee shall:
a Liaison: Serve as liaison between this Association and (i) the Disabled in Sports Committee of the USOC and (ii) those sports organizations for athletes with disabilities which conduct regular programs;
b Competitions: Coordinate, through the appropriate sport committee, the competition of athletes with disabilities in events under the jurisdiction of this Association, and promote participation by athletes with disabilities in Association-sanctioned events;
c Development: Develop programs to improve athletic performance among athletes with disabilities; and
d Education: Facilitate the education and training of coaches and officials, and education of the Athletics community in general in working with athletes with disabilities; and
2 Makeup: The committee shall consist of a chair and two (2) members selected by each sports organization for the disabled. One (1) of the two (2) members from each such organization shall be disabled and have competed in Athletics within ten (10) years. At least twenty percent (20%) of the committee shall be disabled.
E Coaches Advisory:
1 Duties and responsibilities: The committee shall:
a Policy advice: Serve as a source of reference, opinion, and advice to the officers, employees, Board, and all committees with regard to current or contemplated policies of this Association and in all matters relating to coaches; and
b Coaches representatives: Appoint coaches= representatives to committees or subcommittees when empowered to do so by these Bylaws; and
2 Makeup: The committee shall consist of a minimum of one (1) coach from each organization active in the Association, including the USTCA, USWTCA, NCAA I, NCAA II, NCAA III, NAIA, NHSACA, NJCAA, NWAACC, or CCCCCTCA, and three (3) club coaches to be selected by the President, plus three (3) active athlete members selected by the Athletes Advisory Committee chair. The members shall elect their chair at the annual meeting in even-numbered years.
F Coaching Education:
1 Duties and responsibilities: The committee shall foster the growth of coaches= education in the local area, using such resources as the national committee can provide. It shall participate in the staging of any coaching education school held in the geographic area of the Association; and
2 Makeup: Recognizing the differences between Associations in the activities of coaches= education, insofar as they can, Associations= coaching education committees shall attempt to parallel the structure of the national subcommittee, such activities being led by an Association coaching education chair appointed by the Association president.
1 Duties and responsibilities: The committee shall:
a Scope: Investigate, stimulate, plan, and promulgate programs on a broad basis to provide for the overall development of (i) training and competitive facilities, (ii) equipment and skills, (iii) coaching methods, and (iv) athletic skills; and
b Effect: Perform the above activities in order to develop the maximum number of athletes from the novice to world-class levels;
2 Makeup: Members who, unless hereinafter specified to the contrary, shall be appointed by the chairs of the Olympic sport committees with the approval of the President: The chair of each committee shall have the authority to appoint additional non-voting members necessary to carry out the responsibilities of the committee.
H Law & Legislation and Rules:
1 Duties and responsibilities: The committee shall:
a Deliberations: Consider and present in proper form for action all amendments to the USATF Bylaws and Operating Regulations and may make recommendations thereon;
b Custodial service: Be the custodian of the local Association Bylaws;
c Interpretation: Interpret the Rules of Competition;
d Amendments by members: Have the authority to propose amendments to the USATF Bylaws, Operating Regulations, and Rules of Competition on behalf of the Association with the signature of the President of the Association; and
2 Makeup: The committee shall consist of at least three (3) and no more than seven (7) members of the Association, at least 20% of which must be active athletes, as named by the President.
I Member Services liaison:
1 Duties and responsibilities: The liaison shall assist the area membership chair in determining the qualifications of member groups, and shall coordinate all elections for both the officers, Board, and committee chair positions; and
2 Appointment: The liaison shall be appointed by the President with the approval of the Board.
J Officials Committee:
1 Associations= officials committees: Recognizing the possible differences between Associations in the number of meetings held, the availability of officials, and the availability of personnel to administer programs, each of the Association committees shall:
a Administration: Select a person or committee responsible for training, certifying, and generally supervising officials within the Association, under such rules and procedures consistent with the directives of the national committee, as it may adopt;
b Methods: Establish (by examination, rules review, field experience, clinics, and such other procedures as it may choose) their overall program administration, including the direct responsibility of certifying the officiating category of AAssociation Official@ to working officials within its Association;
c Instruction: Develop and maintain instructional programs for officials, including examinations, rules reviews, clinics, and other such activities as it may prescribe; and
d Certification: Be responsible for:
Designating pre-certified officials;
ii Certifying Association-level officials; and
iii Recommending to the national committee candidates for national- and master-level official certification; and
2 Minimum make-up and concurrence: Each local official=s committee shall be composed of at least one representative from each locally active discipline of USATF; and
K Sports Medicine & Science:
1 Duties and responsibilities: Text reserved
2 Makeup: Text reserved
Refer to the Governance Handbook for a complete text.
This Association shall have the authority to discipline any member, delegate, athlete, coach, manager, official, trainer, member of any committee, and any other person or entity participating in Athletics who, by neglect or by conduct, (i) acts in a manner detrimental to the purposes of USATF or Athletics, or (ii) has violated any of the Bylaws, Operating Regulations, or Rules of Competition of USATF, or of the Association, or (iii) has violated the rules of eligibility.
NOTE: Disciplinary and reinstatement procedures: The disciplinary and reinstatement procedures of USATF and its member Associations are set forth in USATF Operating Regulations 11 and 12.
REDRESS OF GRIEVANCES
A Redress of grievances: A grievance may be any matter within the cognizance of this Association as described in Regulation 9-A. Grievances shall be filed and administered in accordance with Regulation 9-A.
The general sanction provisions of USATF which affect local Associations appear in this Article. Additional regulations appear in USATF Operating Regulation 14.
A Definition: The definition of "international competition" shall apply to this article and the corresponding USATF Operating Regulation 14. International competition means an athletics competition between one or more athletes representing the United States, individually or as a team, and one or more athletes representing a foreign country (i.e., competitions between national teams).
B Domestic Sanctions: USATF or its Associations shall have authority to grant sanctions to sports organizations or persons otherwise wishing to hold athletic competitions in athletics that are not international in nature within the United States.
C Sanctioning policy: Unless USATF or an Association determines by clear and convincing evidence that holding or sponsoring an athletics competition (international or domestic) would be detrimental to the best interests of the sport, USATF or the appropriate Association of USATF shall promptly grant a sanction requested by a sports organization or person(s), provided all the requirements of USATF Operating Regulation 14 have been satisfied. The decision as to whether a proposed competition would be detrimental to the best interests of the sport shall be made in the first instance by either USATF or an Association, as appropriate. Approval of sanctions shall not be unreasonably denied. The decision to deny a sanction may be appealed:
In the case of a denial by an Association, to USATF, or
In the case of a denial by USATF, to the NABR.
D Sanction requirements: Sanctions are issued, withheld, or withdrawn in accordance with the requirements and provisions of USATF Operating Regulation 14.
FISCAL AND LEGAL MATTERS
A Fiscal year: The fiscal year of this Association is January 1 through December 31.
B Depositories: The Association shall, from time to time as necessary, designate depositories for funds, property, and assets belonging to or under the control of USATF.
1 Signatories: Funds on deposit in banks may be withdrawn only by voucher check upon the signature(s) of the names of the Officer(s) who are signator(s). Other assets or property of this Association may be transferred from one depository to another by action of the Board; and
2 Imprest accounts: The Association may establish separate accounts employing the imprest system for the liquidation of obligations requiring prompt payment and for payroll obligations requiring prompt payment, and it may authorize checks to be drawn thereon upon the facsimile of any one (1) officer or employee.
C Bonding: Corporate fidelity bonds may be obtained at the expense of this Association in a form and amount approved by the Board, indemnifying USATF and this Association against losses resulting from infidelity, defalcation, or misappropriation by officers, employees, or agents of funds, property, or assets owned by or under the control of this Association.
D Indemnification: This Association shall immediately indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, administrative, or investigative, by reason of the fact that he or she is or was a director, officer, employee, or official representative of this Association against expenses, including attorney=s fees, judgements, fines, and amounts actually and reasonably incurred by him or her in connection with such action, suit, or proceeding, if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of USATF and this Association, and, with respect to any criminal action or proceedings, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit, or proceeding by judgement, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of USATF and this Association.
1 Standards of conduct: Any indemnification under this article shall be made by this Association only as authorized in the specific case upon a determination that the officer, director, employee, or official representative has met the applicable standard of conduct set forth herein. Such determination shall be made by the Board by a majority vote of a quorum consisting of members of the Board who were not parties to such action, suit, or proceeding. If such a quorum is not obtainable, such determination shall be made either (1) by a majority vote of the full Board pursuant to opinion of independent legal counsel or (2) by the members of this Association at the next meeting;
2 Expenses: Expenses, including attorney=s fees, incurred in defending a civil action, suit, or proceeding may be paid by this Association in advance of the final disposition of such action, suit, or proceeding as authorized in the manner provided above upon receipt of an undertaking by or on behalf of the director, officer, employee, or official representative to repay such amount unless it shall be ultimately determined that he or she is entitled to be indemnified by this Association; and
3 Applicability: The indemnification provided by this section shall not be deemed exclusive of any other rights to which the director, officer, employee, or official representative may be entitled under bylaw, agreement, vote of the membership, or disinterested directors or otherwise. The indemnification provided by this section shall continue as to a person who has ceased to be a director, officer, employee, or official representative and shall inure to the benefit of the heirs, executors, and administrators of such a person.
E Liability insurance: This Association may secure comprehensive liability insurance coverage, including insurance for athlete/participant injury liability.
F Audit or Financial Reporting schedule: The Board, effective at the beginning of each fiscal year, may select a Certified Public Accountant to audit the books and financial records of this Association for the ensuing year or appoint the Treasurer to compile a financial report to include a balance sheet and statement of income. After completing the audit or financial report, the auditor or Treasurer shall submit his or her report to the Board, and as soon thereafter as reasonably possible, a copy of such audit or financial report shall be available for each member of this Association and sent to the USATF National Office before the next annual meeting.
G Legal counsel:
1 Counsel to the Board: The Counsel to this Association shall be appointed by the President with the approval of the Board. The Counsel to the Board shall be responsible for overseeing the legal affairs of this Association and shall be available to advise and consult with the officers, the Executive Director, and other agents of this Association, render legal advice and assistance, and perform such other duties as the President or the Board may request. The Counsel to the Board shall have the right to the floor at any meeting of the Association, its Board, and its committees to comment on legal matters. The files, records, and documents created by the Counsel to the Board during the course of duties for the Association shall belong to the Association; and
2 Special Legal Counsel: On those occasions when the nature or scope of a particular matter requires expertise or a commitment of time, or cannot otherwise be adequately dealt with in the ordinary course by the General Counsel, and it appears to be in the best interests of this Association, the Board may authorize the President, in consultation with the Counsel to the Board and Executive Director, to retain Special Legal Counsel. Where prior authorization by the Board is impractical, the President, in consultation with the Counsel to the Board, may in the best interests of USATF and this Association retain such Special Legal Counsel. All agreements with Special Legal Counsel as to legal services to be rendered and the fees and compensation to be paid shall be in writing and executed in accordance with this paragraph.
H Contracts: Contracts not in the ordinary course of affairs of this Association, shall be examined and approved for form by the Counsel to the Board or by the Special Legal Counsel of the Association, prior to execution. The contents of all contracts affecting sport committees shall, during their negotiation phase, be communicated to the appropriate committee(s). Unless otherwise directed by the Board, all written contracts shall be executed on behalf of this Association by (i) the President (or another officer designated by the President) and (ii) the Executive Director, and, if required, attested to by the Secretary.
I Arbitration: This Association agrees to submit to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association, in any controversy involving its recognition as a national governing body, as provided for in Paragraph 395, Subchapter II, Chapter 17, of Title 36 (page 93) of the United States Code, or in any controversy involving the opportunity of any athlete, coach, trainer, manager, administrator, or official to participate in Athletics competition, as provided for in the constitution and bylaws of the USOC.
J Conflict of interest: Any individual representing this Association, or who has a financial arrangement with USATF or this Association, or who is an employee of this Association or of its Associations, or who is a member of any of its committees, shall not participate in the evaluation or approval of a contract with a supplier to furnish goods or provide services to USATF or this Association, if that individual directly or indirectly benefits financially, or otherwise receives any form of compensation from, or has any interest in, any supplier under consideration. The Board may require that such individuals disclose all financial interests that may influence the performance of their duties for USATF or this Association. Each individual referred to in the first sentence of this paragraph shall, upon learning that this Association is proposing to enter into an arrangement in which he or she has financial interest, promptly notify the Executive Director in writing of the existence of such interest, and the Executive Director shall, in turn, promptly disclose such interest to those bodies of USATF involved in considering entry into the arrangement. In the event of a violation of this provision, the Association shall have the right to recover such benefit or payment and to void the contract or transaction.
Upon the dissolution of the corporation, the Board shall, after paying or making provisions for the payment of all of the liabilities of the corporation, dispose of all the assets of the corporation exclusively for the purpose of the corporation in such a manner, or to such organization or organizations, organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board shall determine.
Failure of literal or complete compliance with provisions of the Bylaws in respect to dates and times of notice, or the sending or receipt of the same, or errors in phraseology of notice of proposals, which in the judgment of the members at meetings held do not cause substantial injury to the rights of members, shall not invalidate the actions or proceedings of the members at any meeting.
A General provisions: Amendments shall be considered by this Association as follows:
1 Voting for Bylaws approval: Amendments to the Bylaws shall require for passage a two-thirds vote of those members present and voting at the meeting, provided notice of the proposed amendment has been submitted in writing to the members of the Association at least thirty (30) days prior to the meeting; and
2 Voting for other regulations approval: Amendments to the other regulations shall require a majority vote of members present and voting, provided notice of the proposed amendment has been submitted in writing to the members of the Association at least thirty (30) days prior to the meeting.
B Exceptions: Notwithstanding paragraph A above, amendments may be considered at any meeting of the Association in any of the following circumstances:
1 Tabled amendments: Tabled amendments may be acted upon at any subsequent meeting without redistribution of the proposal;
2 Conformity with the law: To make the Bylaws or other regulations conform with federal or local law or regulation;
3 Conformity with USATF: To make the Bylaws or other regulations conform with USATF requirements; and
4 Uniformity: To make the Bylaws and other regulations conform with each other;
Such items need not meet the time requirement of subparagraphs A-3 above and D-1 below.
C Emergency circumstances: In emergency circumstances, this Association or its Board may adopt changes as follows:
1 Vote of the membership: Upon a ninety percent (90%) vote at any meeting of this Association; and
2 Vote of the Board: Where immediate relief is deemed necessary, the Bylaws and other regulations may be amended upon vote of ninety percent (90%) of the total membership of the entire Board, such amendment to be effective only until the next meeting of the Association.
D Submissions: The following provisions shall govern submissions of amending legislation:
1 Time of submission: Amendments shall be submitted at least sixty (60) days prior to the meeting at which they are to be considered, so as to allow proper review and submittal to the members of the Association. This sixty (60) day requirement may be waived, in emergency circumstances, upon a ninety percent (90%) vote at any meeting of this Association;
2 Submitters: Amendments may be submitted only by a member of this Association;
3 Persons receiving submissions: Amendments to the Bylaws and other regulations shall be submitted to the chair of the Law & Legislation/Rules Committee;
4 Form of submission: The proposed amendments shall be in such form as to show the entire section, subsection, or paragraph, as the case may be, as it will read if adopted, with all proposed additional language underlined or shaded, and all proposed deleted language in double parentheses. Each submission shall be accompanied by a brief statement of the rationale for the submission. If there is a budgetary impact, it shall be estimated with the submission or, lacking such estimation, shall be provided by the Treasurer and/or the chair of the Budget Subcommittee of the Board; and
5 Approval of submissions: All proposed amendments must first be recommended for approval at the time of submission by someone other than the submitter who shall be another member of the Association.
E Effective date: Unless otherwise specified at the time of adoption, amendments to the Bylaws and other regulations shall be effective immediately.
The regulations concerning membership are covered in USATF Regulation 1.
A Association responsibilities: This Association shall have specific responsibilities in the collection of dues and fees from its members:
1 Collection of dues by Associations: On or before the 15th day of the month following collection, a transmittal report and USATF=s national share of annual dues for each sports organization and individual member shall be submitted to the National Office. The National Office shall submit approved benefits to each member; and
2 Other claims: With regard to monies collected by Association members under the paragraph above, unless prior written approval of the National Office is granted, there shall be no offsets, credits, or other deductions taken by such members on claims or credits due or claimed to be due to it. Such claims are to be established by the internal grievance process available under the Bylaws and these Regulations; and
B National Office reports: The National Office shall prepare and make available to each Association membership chair or registrar upon request, quarterly reports which shall list for each Association the number of clubs and individual members. Athlete members shall be categorized by age, sport(s), and affiliation (club or unattached).
C Disclosure: Coaches and others who work with youth athletes may be subject to a compulsory disclosure program approved by the Board.
CERTIFICATION OF ATHLETE ELIGIBILITY
1 Domestic competition: To compete in a national, regional, or Association championship, an athlete must be a USATF member. In other events conducted by an Association, the Association may require USATF membership; and
2 International eligibility: To compete in international events, an athlete must be eligible pursuant to IAAF rules.
B Membership: All athletes competing in events conducted by USATF shall be members of USATF unless provided for otherwise in the Bylaws and Operating Regulations, and shall meet the requirements of USATF Regulation 7 and applicable IAAF rules in Exhibit M of USATF Regulations to be certified as IAAF eligible.
C Certification: In lieu of membership, an Association membership committee shall accept from a coach or designated official of a recognized educational institution or branch of the Armed Forces certification that the athletes are eligible to compete for the institution or branch under the rules of USATF and the IAAF. This certification shall remain in effect for the full season of the educational institution or branch of the Armed Forces
A General: The Association championships may be conducted in senior, junior, youth (including Junior Olympics), and masters classes.
NOTE: Rules governing age groups, eligibility, entries, protests, and competition are contained within the Rules of Competition.
B Title: All Association championships shall be known as the AUSA Track & Field-Arkansas Association Championships@ and shall be referred to as such in all printed matter, entry forms, programs, and in its references. The abbreviation AUSATF-Arkansas@ may be used and, in the discretion of the Board of the Association, the name of the principal sponsor of the competition may also be added to the name of the event.
1 Track & field events: For Association championships of the Men=s and Women=s Track & Field Committees, dates shall be determined by the committee chairs and the National Office;
2 Other Association championships: All other sport committees shall determine the dates of their championships after consulting with the Association Office; and
3 Changes: No change in the dates shall be allowed once announced unless the announcement of the change can be made at least ninety (90) days before the earlier of (1) the proposed new date and (2) the announced date. Any change of date must be agreed to by the chair or the appropriate subcommittee of the sport committee, unless a vote of the sport committee establishes the new date. The sport committee shall immediately notify the Association Office of the change. The Association Office shall notify the membership and any sponsoring organization(s) within five (5) days.
D Notice: At least sixty (60) days= notice of the time and place of each Association championship shall be given to the Association sport committee chairs, who shall forward the information to the members of their Association.
E Special criteria: Prior to bidding for a Association championship event, the following specifications of sport committees shall have been met:
1 Youth Athletics: All Association Youth and Junior Olympic competition bids are subject to review by a site evaluation team assigned by the chair. Bids beyond the next two (2) calendar years shall not be considered. In track & field, a Association meet site should have at least eight (8) lanes, a raised curb in accordance with Rule 62.3(a), and fully automatic timing;
2 Long Distance Running and Race Walking: All road courses shall have prior certification before a bid will be considered. The certification number provided through the Road Running Technical Council (RRTC) shall be on the bid form; and
3 Men=s and Women=s Track & Field: In awarding the Association Outdoor Track & Field Championships, primary consideration should be given to the facility that is capable of conducting all field events within the stadium or arena.
F Awarding procedure: Association championships may be conducted by the sport committee concerned, by the Association Board, or may be awarded to a sponsoring organization in conformity with these Regulations and according to any contract((r))al agreement between such organization and the sport committee, subject to the approval of Association Board. Awards of Association championships should be made at the annual meeting of the Association when feasible.
1 Distribution of application: For those championships that will be awarded to a sponsoring organization, an application form shall be prepared and provided by the Association Office to any prospective bidder. The application form shall include the necessary information to assure the Association Office and the sport committee(s) concerned that the championships will be efficiently administered and safe for the competitors. The application form shall further require information (i) as to whether the competition will be staffed by competition officials who are USATF-certified at the level of Anational@ and/or Amaster@ and (ii) as to whether the applicant will invite and accept a proportionately representative number of national and/or master officials from outside the Association, to ensure a national character to the championship; and what, if any, provision will be made for assisting officials with transportation, food, and /or lodging. This portion of the form shall be shared with the chair of the Officials Committee before consideration of the bid;
2 Notification of championships available: By May 1, the Association Office shall compile from the sport committees a list of all championships available to be awarded at the meeting and circulate the list to appropriate parties, including the media, and include it in appropriate publications. The awarding procedure set forth in this Regulation shall also be applicable to Association team selection events;
3 Formulation of a bid: Bids shall be formulated and submitted to the respective sport committee of the Association. The role of the Association shall be clearly stated on the application. If an applicant intends to assign part of its responsibilities to another entity, this intention shall be stated in the application. When the bid provides for profit-sharing or minimum guarantees, an itemized budget shall be submitted with the application. Bids involving one or more championship categories or more than one sport committee (joint bids) shall state whether or not they are contingent upon approval of all parties;
4 Association sign-off: That part of the application which sets forth the role of the Association shall be furnished to the Association prior to the submission of the bid. An acknowledgement of the Association=s receipt of the part of the application pertaining to the Association=s role shall be submitted with the bid. The sport committee(s) presented with the bid shall not consider the bid without such an acknowledgement, unless the bid has been furnished with a satisfactory explanation for the absence;
5 Submission of bid: Copies of the completed application shall be returned to the Association Office and to the chair(s) of concerned sport committee(s) or their designees not less than thirty (30) days prior to the meeting at which the sport committee considers the application. For Youth Athletics, bids must be returned no later than July 1. For race walking, bids are due sixty (60) days prior to the start of the annual meeting;
6 Presentation at meetings: Presentation by or on behalf of each applicant shall be made at a regular meeting of the sport committee or a duly appointed subcommittee. The role of the Association, any assignment of responsibilities to another entity, and any provisions for profit-sharing or minimum guarantees shall be stated as part of the presentation;
7 Award method: Upon approval of the concerned sport committee(s), the championship event(s) shall be duly awarded. The award of a championship shall be to an Association club, to a member in good standing of the Association, or to a third party within the geographic area of the Association. The awardee shall assume all financial and operating responsibilities required by the agreements. Joint bids shall not be contingent upon approval of all parties unless specified by the applicant;
8 Unawarded championships: Championship events which remain unawarded after the annual meeting may be awarded using a process authorized by the particular sport committee;
9 Contract: The championship contract shall include the legal and financial obligations and responsibilities of all parties and shall be approved and signed by the Association and the awardee. An operating addendum shall be part of the championship contract, and shall include a list of the parties responsible for equipment, facilities, personnel, clerical work, and other matters relating to the conduct of the championship not specified in the championship contract, and if the awardee is other than an Association, the services to be provided by the Association, together with the fees to be paid by the awardee to the Association for providing the services and sanctioning the event; and shall be signed by the signatories as the championship contract. Prior to approval by the parties, the CEO of the Association may make such changes in the championship contract and operating addendum as he or she deems necessary for the protection of the Association; and
10 Withdrawal and/or reassignment: Unless the championship contract and operating addendum have been executed at least one hundred twenty (120) days prior to the championship(s), or as otherwise determined by the Association, the award may be withdrawn upon the request of the appropriate sport committee(s) by the Association Board. The award of a championship may be cancelled by the Association or by a ninety percent (90%) vote of the total membership of the Board, for due cause and, upon reasonable notice, the award may be made to another awardee. If necessary, a championship event may be reassigned to another awardee with approval of the CEO or Board of the Association. A championship awarded to an entity shall not be transferred from that entity without its consent or the approval of the Board or a subcommittee appointed for this function. If such transfer is made, the original awardee shall be reimbursed for expenses incurred, unless negligence can be shown.
1 Media rights fees: The Association reserves for itself exclusive rights in the receipts from radio, television, motion picture, the Internet, and all other media involving Association championships, USATF national championships or international team events. These receipts shall be included, in detail, in the financial report and shall be available upon demand to each member of the Board before its next meeting;
2 Other revenues: The Association shall receive from its Association championships:
The receipts stated in the radio, television, or motion picture contracts as provided above; and
b Fixed fees, profit-sharing, or other revenues as designated in the championship contract;
3 Entry fees: All entry fees and late entry fees shall be retained by the organization which conducts a championship;
4 Reports: The organization(s) conducting a championship shall furnish to Association within sixty (60) days following the event a detailed financial report showing all receipts and disbursements. Failure to comply without good cause within the time specified shall bar the contracted sponsor and/or entity involved from being awarded any Association championship in that sport for five (5) years thereafter;
5 Prohibited expenses: Except for those championships which are either awarded on a fixed fee basis or whose budgets, including all expenses and purchases, are approved in advance by the Association:
The expense of any person(s) traveling to or attending any meeting for the purpose of securing the award of any Association championship shall not be charged against the cost of conducting such event; and
b The expense of purchasing equipment for use in a Association championship shall not be charged against the cost of conducting such event unless title to such equipment is placed in the name of the Association and delivery of same is made immediately following the event to the Association; and
6 Defending champion: If any athlete expense allowance is to be made in any championship of the Association, the defending champion, if in condition, shall receive first consideration.
H DOES NOT APPLY
I World or area championships: Any organization within the United States wishing to host a world or area championship in any discipline governed by USATF shall first obtain the approval of the USATF National Office and the USATF Board. In order to obtain approval, the organization must notify the Arkansas Association, which shall be provided with the opportunity to evaluate the bid. The procedures for the approval of USATF shall include a review by the chair(s) of the appropriate sport committee(s) of the organization=s technical capacity to conduct the event, and a review of the credibility of the proposed financial plan and budget offered by the organization. Once awarded a world or area championship, the host organization shall provide periodic (at least quarterly) reports on the progress of the event preparations, including funding, to the Arkansas Association, the USATF National Office, and the USATF Board.
1 Form: All applications for records shall be submitted on an official record application or acceptable documentation determined by the State Recorder and shall contain all pertinent information requested on the form;
2 Responsibility: It shall be the responsibility of the State Recorder, Association sport committee, or of the member club or affiliate organization sponsoring or conducting the competition, to apply for the record on the form which shall be properly completed and forwarded to the National Office without delay;
3 Processing: Upon receiving a record application form and any accompanying documentation, the National Office shall forward it to the individual designated by the appropriate Sport Committee. That individual shall review the form, gather any needed additional information, and make a recommendation regarding the application to the Records Committee which shall, in turn, make its recommendation to the appropriate sport committee;
4 Ratification: The State Recorder and each sport committee shall have the responsibility of ratifying records in its events; and
5 Report to USATF: At the annual meeting, the Records Committee may report the actions of all sport committees regarding records.
CERTIFICATION OF ROAD COURSES
The regulations concerning the certification of Road Courses is covered in USATF Regulation 6.
A General: An athlete shall be considered a member of the Association in which the athlete is a bona fide resident except as otherwise provided in Regulation 4-B:
1 Athlete Affiliation: An athlete may compete as a representative of a local club, educational institution, or other organization, and additionally may be listed as competing for the club, and/or a sponsor, subject to USOC regulations. The club and athlete must be USATF members in good standing.
2 Unattached athletes: An unattached competitor is an athlete member who represents no club, educational institution, or other organization. An unattached athlete may compete in the Association in which the athlete is a member.
3 Notification of changes: Only an athlete, or his/her legal guardian, may give notice of a change of representation. An athlete member who wishes to change representation shall notify the Association, in writing or online, prior to the effective date of the change.
4 Fees for changes: All applications for changes of representation must be accompanied by a fee, if any, to be determined by the local membership committee and/or local Sport Committee.
B Residency exceptions:
1 Residency exceptions: Except as provided in the USATF Competition Rules governing Youth Athletics, USATF shall permit an athlete to transfer membership to an Association other than the one in which the athlete resides.
2 Team scoring: Spots Committees and Councils may establish athlete eligibility and residency requirements for team scoring at their respective championships. These requirements shall be reflected in the competition rules.
2 Between clubs/organizations: To transfer representation from one club/organization to another, an athlete must not have competed for the first club in sanctioned competition for the previous ninety (90) days regardless of residency, unless the athlete falls within one of the exceptions below.
a Student: An athlete who is a member of a club or organization who wishes to compete as an undergraduate student for a college or university (two- or four-year institution) shall be automatically released without notice by the club or organization when the college season begins, if the collegiate team is a member of USATF. The athlete shall similarly be automatically released without notice to the school immediately after the academic eligibility period ends, to represent the club or organization of the athlete’s choice. The athlete must verify the college’s academic eligibility period start and end dates if requested by either the local committee or Association membership committee involved;
b Armed forces: An athlete member on active duty in the United States Armed Forces may, upon receiving permission from the local membership committee, represent in open competition the military organization or the Athletics club to which the athlete belongs, or both. Any points scored by that athlete shall count for the Athletics club, except where a point trophy is advertised to be contested by a military organization;
c Race walker: An athlete may compete as a member of a club or organization in race walking and for another club or organization in another Athletics discipline, provided the two clubs or organizations involved do not both participate in race walking. For example, an athlete may race walk for one club which may or may not have a running program, and run for another club that has no walking program; and
d Waiver: The local or national membership committee may waive the ninety (90) day unattached period required by paragraph C-2 if it determines that the change in organization was caused by events outside the athlete’s control and is in the best interests of Athletics or the athlete.
D Resolution of disputes: The athlete shall have responsibility for giving proper notice of a change of representation. In the event of a dispute among clubs, educational institutions, organizations, and an athlete regarding a transfer of representation, the athlete’s written designation of representation shall be determinative.
A Definition: Clubs are organizations of athletes and others which compete in USATF programs as teams or individuals representing the club. There shall be various types of USATF clubs, based on the geographic location of their membership and/or the types of programs and purposes they serve. While clubs may be of only one geographic type, they may have more than one purpose.
B Geographic types:
1 Association clubs shall become members by joining this Association if they are located in our geographic area; and
2 National clubs are those clubs which meet the requirements of paragraph E below.
1 Competitive: Association or national clubs that primarily prepare athletes for competitive opportunities shall be referred to as competitive clubs;
2 Affiliated: Association clubs that primarily stage events or provide competitive opportunities to the public shall be referred to as affiliated clubs;
3 Training: Association clubs which exist to provide non-collegiate athletes training at an educational institution facilities shall be referred to as training clubs; and
4 Elite development clubs: USATF may designate a member club as an Elite Development Club. These clubs may provide coaching, training groups, facilities, and/or travel to events.
D Club names: Internal grievance proceedings may be instituted in situations regarding disputes over the naming of clubs. Generally, these proceedings may be instituted when:
1 Duplication: Two (2) clubs choose the same or confusingly similar names (except with the concurrence of both clubs);
2 National team: A club uses a name that could reasonably be interpreted to refer to a Anational team;@
3 Sponsorship: A club uses a name which causes public confusion with USATF-related sponsorship or advertising; or
4 Trademark: A club uses a trademark or service mark of USATF or the USOC (see Article 19, page 73).
1 Age limitation: A national club shall be limited to competitions at the senior level;
2 Vote in Association: Clubs shall be allowed to vote in the activities of the Association in which they are registered;
3 National club rosters: National clubs must submit a roster of the competitive athlete members of the team.
a Roster submittal: By November 1 of each year, each national club shall submit to the USATF National Office a roster on forms provided that shall list its athletes (including the club registration fee and the athlete membership fees to be thereafter forwarded to the Arkansas Association);
b Duplications: If the name of the same athlete appears on two (2) or more rosters, the National Office shall resolve the duplication by contacting the clubs involved and, if there is still a disagreement, the athlete directly;
c Roster distribution: By December 1 of each year and at other times (with additions and deletions), the National Office shall distribute to all national clubs and meet directors copies of the national club rosters or amendments thereto;
d Additions and deletions: Between December 1 and November 1 of the following year, a national club wishing to add an athlete shall submit the name of each athlete to the National Office. The athlete may compete for the club only after the National Office has confirmed that the athlete has satisfied the transfer requirements of Regulation 7-C (page 109). An athlete may also be deleted from a roster and changed to an unattached status; and
e Former Association club members: National clubs may add athletes who have been members of Association clubs after the athlete meets the requirements of Regulation 7-C (page 109); and
4 Requirements: As part of its application, each national club has, for the prior year, and shall, for the future year:
a Training guidance: Provide to its athletes technical guidance as to their training;
b Competitive guidance: Provide to its athletes technical guidance as to their competition scheduling;
c Logistical support: Provide to its athletes logistical support, including economic provisions for travel and accommodations when away from home;
d Medical support: Advise its athletes, when possible, as to medical services and available health insurance;
e Equipment support: Make adequate provisions for the equipment and training and competition clothing for its athletes;
f Educational support: Encourage the continuation of educational pursuits and assist in job placement, to prepare its athletes better for their adjustments to society at large after their years of competition;
g Participation: Agree to participate and to have its athletes participate in national and international competition encouraged by the IAAF and/or USATF; and
h Other: Meet such other qualifications and accept such other benefits as the USATF Board shall approve for national clubs.
F Conflicts of interest: No club shall represent a member athlete in any transaction if such a representation is a conflict of interest.
The eligibility of an athlete shall be governed by the applicable IAAF and IOC rules, except when such rules are inconsistent with United States law.
NOTE: Select IAAF rules are stated in Exhibit M of USATF Bylaws.
FORMAL GRIEVANCES AND DISCIPLINARY PROCEEDINGS
A. Jurisdiction: This Association shall have jurisdiction over all disciplinary and formal grievance proceedings relating to matters that arise within the boundaries of the Association, except sexual misconduct allegations and doping violations which shall be under the jurisdiction of USATF. All penalties imposed by an Association shall be effective only within the jurisdiction of that Association.
B. Association Arbitration Panel: The following shall apply to the appointment and conduct of the Association Arbitration Panel (AAP):
1. Members: The Association Arbitration Panel shall consist of three (3) members - a chair, an at-large member, and an athlete member. There shall also be a first alternate, second alternate, and additional alternates who may be appointed from time to time when any of the three members of the AAP are not available. Members of the AAP shall not be members of the Association Board or Executive Committee.
2. Appointments: Appointments shall be made by the President with the approval of the Association Board. The appointments shall be duly reflected in the minutes of a properly convened Board meeting.
3. Terms: Terms shall commence on January 1 of each even-numbered year.
4. Removal: Members and alternates may be removed for good cause by majority vote of the Association=s Board. Good cause may include, but is not limited to, the following:
a. Dilatory practices: A AAP member who causes or permits delays in the hearing process; and/or
b. Failure to follow procedures: An AAP member who disregards or fails to apply the hearing procedures or other provisions set forth in the Association Bylaws, Association Regulations, USATF Rules, USATF Bylaws, and/or USATF Regulations.
C. Grievances: A grievance may involve any matter, other than sexual misconduct and doping offenses, within the cognizance of USATF that occurs in the jurisdiction of this Association:
1. Grievance Complaints: A Grievance Complaint shall state the following:
a. Detrimental conduct: Conduct detrimental to the best interests of Athletics, USATF, USATF Arkansas has taken place; or
b. USATF violations: A violation of any of USATF=s Bylaws or Operating Regulations and/or of a violation of any of USATF Arkansas Bylaws or Operating Regulations has occurred.
2. Parties: Grievance Complaints may be filed only by and against individuals or entities which were, at the time that the conduct complained of occurred, and at the time the Complaint is filed, members, directors, or officers of USATF or otherwise subject to the jurisdiction of USATF Arkansas. A non-member, former director, or former officer of USATF Arkansas shall be subject to the jurisdiction of USATF Arkansas for the purpose of defending against a Grievance Complaint for an incident that occurred while he or she was a member, a director, or officer of USATF Arkansas or otherwise subject to the jurisdiction of USATF Arkansas. A Grievance Complaint may only be filed by a person or entity affected by the issues raised in the complaint; and
3. Time Limit: Grievance Complaints must be filed within one (1) year from the time the complaining party knew or should have known of the act giving rise to the Complaint.
D. Disciplinary matters: USATF Arkansas shall have the authority to discipline any member who, by neglect or by conduct, acts in a manner subject to discipline pursuant to Regulation 9 below.
1. Activities subject to discipline: USATF Arkansas may discipline any member who, by neglect or by conduct:
a. Detrimental conduct: Acts in a manner detrimental to the purposes of USATF, USATF Arkansas or Athletics;
b. USATF, IAAF, and Sports Act violations: Violates any of the Bylaws, Operating Regulations, or Competition Rules of USATF or the IAAF, or violates the Sports Act;
c. Eligibility violations: Violates the rules of eligibility for Athletics;
2. Time limit: Disciplinary proceedings must be requested within one (1) year from the time the complaining party knew or should have known of the issue giving rise to the request for a disciplinary hearing.
E. Rights of the persons or entities: In all matters subject to this Regulation, all parties shall be provided with fair notice and an opportunity for a hearing prior to the adjudication or imposition of any penalty by the Association or AAP. All parties:
1. Representation: May be represented in any disciplinary, grievance, or Association proceeding by a person(s) who may (but need not) be an attorney;
2. Right to appeal: May appeal any adverse decision in accordance with this Regulation;
3. Attendance at hearing: May be present at any hearing; and
4. Presenting and challenging evidence: Shall have the right to present evidence and witness testimony and to cross-examine witnesses testifying against him, her or it.
F. Initiation of proceedings: Formal grievances shall be initiated as follows:
1. Grievance complaint filing procedures:
a. Filing location: Complaints shall be filed with the Association President and Secretary. The Secretary shall forward a copy of the Complaint to the each party charged in the Complaint;
b. Language: All documents filed and exchanged with respect to this Regulation shall be in English; provided, however, that an original document that is in a foreign language must be submitted along with an English translation. The party submitting the document shall bear the cost of obtaining its translation which shall be conducted by a reputable translator or translation service. In the event of a challenge to the accuracy of a translated document, the panel chairperson may direct USATF to order a translation of the document(s) in question and may allocate the cost of the translation to any party or all parties, as the panel deems appropriate;
c. Basis for the Complaint: The Complaint shall allege clearly the nature of the dispute and, where appropriate, state the specific violation of the Bylaws, Operating Procedures, Competition Rules, or Policies of USATF, USATF Arkansas, or the IAAF;
d. Facts of allegation: Factual allegations shall be separately stated in concise language with one allegation set forth in each numbered paragraph of the Complaint;
e. Signature: The Complaint shall be signed by the person filing the Complaint,
f. Filing fees: A filing fee of One Hundred U.S. Dollars (US$100) must accompany an organization=s complaint and a filing fee of Seventy-five U.S. Dollars (US$75) must be paid by individuals filing a Complaint. The filing fee must be in the form of a certified check or money order made payable to the Association;
2. Failure to comply with Complaint procedures: Complaints that fail to comply with the procedures outlined in this Regulation shall be returned to the filer with instructions explaining the deficiency. A returned Complaint may be re-filed within thirty (30) days of the initial filing. After thirty (30) days, the Complaint will be deemed abandoned;
3. Informal resolution of grievances: Upon receipt of a Grievance Complaint, the President or his/her designee shall make every effort to resolve the dispute through informal means. In disputes pertaining to a specific sport discipline, the President or his/her shall also confer with the chairperson of the sport committee for the discipline involved. All discussions related to the informal resolution of a complaint shall be confidential;
4. Formal resolution: If the informal resolution of the complaint is unsatisfactory to any party, or if a party declines to pursue informal resolution, the party may request that the complaint be resolved by a formal hearing before an AAP panel;
5. Hearing panel: When one party has indicated that the matter cannot be resolved informally, the President or his/her designee shall coordinate the selection of a three-person arbitration panel as detailed in Paragraph B of this regulation. The arbitration panel should include at least one Active Athlete. One panel member will be selected as Chairperson with responsibilities to control and conduct the process. The arbitrators shall not be members of the Association Board or Executive Committee.
G. Notice of proceedings: Within thirty (30) days of the commencement of a formal grievance all interested parties and the hearing panel shall be sent the following by the Association Secretary:
1. Documents: A copy of the complaint or other documents giving rise to the proceeding, with any attachments;
2. AAP Members and Contact: The names of the hearing panel members and the address and telephone number of the panel=s chairperson;
3. Association Bylaws: A copy of the text of this Regulation of the USATF Arkansas Bylaws and any other relevant USATF Rule or Regulation; and
4. Other relevant documents: A copy of any specifically identified document(s) related to the dispute.
H. Answer: The person(s) or entity(ies) named in a Complaint (respondent(s)) must submit a written answer to the Association Secretary within thirty (30) days after receipt of the letter notifying respondents that a proceeding has been filed (ANotice of Proceeding@). A copy of the Answer shall be forwarded by the Secretary to the complainant (the party filing the Complaint) and the AAP panel. The failure of respondent(s) to answer within thirty (30) days after the receipt of the Notice of Proceedings will be deemed a waiver by respondent of the opportunity to have ahearing or have an appeal of any adverse decision. Upon such failure, and after confirmation of the receipt of the Notice of Proceeding by all parties, the hearing panel may proceed in the absence of the respondent and may decide the matter with or without a hearing and with or without taking testimony and evidence, as it deems appropriate. If a party raises a hearing panel challenge under Regulation 9-I, the panel chair may extend the time to answer.
I. Challenge to arbitrator(s): Within fourteen (14) days following the receipt of the Notice of Proceedings any party to the hearing may challenge the seating of any AAP panel member, on the ground that the panel member may not be impartial. The panel chairperson may extend the time to answer if a panel member is challenged. Failure to bring a timely challenge against the seating of an AAP arbitrator constitutes a waiver of such challenge.
J. Hearing procedures: The following procedures apply to formal grievance, and other hearings:
1. Pre-hearing conference call: Within five (5) business days of the expiration of the arbitrator challenge the AAP panel chairperson shall conduct a pre-hearing conference by telephone conference call with all parties to discuss scheduling and procedural matters.
2. Date of Hearing: Best efforts should be used to set a convenient time and date for all participants. The AAP hearing panel shall schedule the hearing to take place within thirty (30) days of the initial pre-hearing conference. The hearing date may be delayed beyond the thirty (30) day period only upon a showing to the AAP panel that a substantial injustice would otherwise occur.
3. Location for hearing: Hearings shall be held in-person, unless good cause is shown to the AAP chairperson that holding the hearing by telephone conference call is in the best interest of the sport of Athletics.
a. Reason for request for telephone conference call hearing: If a party requests that the hearing be held by telephone conference call, such request shall be accompanied by a statement identifying the material reasons which the hearing panel should resolve in this venue.
b. Deadline for request: The telephone conference call hearing request must be submitted to the AAP chairperson within ten (10) business days of the receipt of the Notice of Proceedings. Failure to submit a telephone conference call hearing request during the above-described timeframe constitutes a waiver of the right to request a telephone conference call hearing.
4. Delays: If an interested party causes an unnecessary delay, the AAP panel may dismiss the proceeding or, at its discretion, rule against the party causing the delay. If the delay is the result of AAP panel inaction, the President or his/her designee may dismiss the panel and replace it with a new panel. If a party to the proceeding fails to appear at the hearing, then the AAP panel may make a ruling based on available information and the testimony of those present at the hearing;
5. Evidentiary rules: The rules of evidence generally accepted in administrative proceedings shall be applicable to the hearing; the formal rules of evidence shall not apply;
6. Burden of proof: The burden of proof is upon the complainant to prove by a preponderance of the evidence that conduct described in Regulation 9-C-1 or 9-D-1 above has occurred;
7. Hearing record: An official transcript or recording is highly recommended for hearings conducted by an Association. Any party to the proceedings may retain a court reporter or other competent individual to provide a transcript or recording of the hearing at that party=s own expense. If made, such transcripts or recordings shall become the official record of the proceedings and a copy shall be provided to all parties at their own expense; and
8. Closed hearing: Hearings shall be closed to the public. Witnesses shall attend hearings only as necessary to provide testimony.
K. AAP decisions and opinions: The following shall pertain to AAP final decisions and opinions rendered in hearings and appellate proceedings:
1. Scope of decision: All AAP panel decisions shall be consistent with USATF, USATF Arkansas, and IAAF Rules and Regulations, and the Sports Act. If the implementation of any AAP panel decision and opinion would have a significant budgetary impact on USATF Arkansas, the Budget Committee chair and/or the USATF Arkansas Treasurer shall review it and report their findings to the Board within thirty (30) days of the issuance of the opinion. In such instances, the decision and opinion shall not become final and binding unless and until approved by the Board. The Board shall determine to what extent any AAP decision and opinion having a significant budgetary impact on USATF Arkansas may be implemented, in light of fiscal considerations, and may remand the matter back to the AAP panel for modification based upon budgetary directives from the Board;
2. Form of decision and opinion: The AAP decision shall state in one or two brief sentences which party the AAP arbitrators have ruled in favor of. The opinion of the AAP panel shall set forth the following:
a. Issue: The question(s) the AAP panel was asked to decide;
b. Arguments: A brief summary of the arguments made by each party;
c. Findings of fact: The findings of fact upon which the panel based its decision;
d. Citations: A citation to the applicable IAAF, USATF, USATF Arkansas, Sports Act, or other applicable rule, bylaw or minutes, reports, guidelines, or other documents upon which the AAP panel decision is based, if any; and
e. Stay provision: Whether the effect of the decision shall be stayed in the event of an appeal, if appropriate;
3. Time frame: An AAP panel shall issue a decision with respect to the disciplinary, formal grievance, or other proceedings within fifteen (15) days after the conclusion of the hearing. The panel shall render a written opinion no later than thirty (30) days after the conclusion of the hearing, or after the submission of any post hearing documentation to the panel.
4. Effect of decision: All AAP panel decisions shall be effective upon the date rendered, unless otherwise stated in the decision.
L. Appeals: The decision of the arbitrators may be appealed pursuant to USATF Regulation 11-P.
This Association is governed by USATF Operating Regulation 12 regarding procedures relating to reinstatement.
This Association is governed by USATF Operating Regulation 14 regarding procedures relating to sanctions.
July 6, 2002 - Name changed from: The Arkansas Association of the Athletics Congress of the United States, Inc. Bylaws and Regulations revised from USATF National Office model provided by the USATF Law and Legislation Committee.
October 17, 2008 - Article 15 and Regulation 9 amended to comply with USATF Regulation 15-A.1.a.ix and 15-B.1.2. regarding grievance and disciplinary proceedings.
October 16, 2009 - Article 7-A Annual Meeting: amended to reflect change in setting annual meeting date.
October 15, 2010 – Article 8-C-4 Voting membership deadline amended to comply with USATF Regulation 7-G-3. Article 17-A Fiscal year amended to comply with section 4.02 and 4.03 of USATF Revenue Procedure 80-27. Regulation 6 Representation amended to reflect current USATF regulations.
I, the undersigned, hereby state and certify that the foregoing is a true, correct and conformed copy of the Bylaws of the Arkansas Association of USA Track & Field duly adopted by the Board of Directors of said organization on July 6, 2002 and that the same have not been altered, modified, amended other than as noted or appealed in any respect and remain in full force and effect on this date.
October 16, 2010