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Welcome to Advanced Management Training : 

1 Welcome to Advanced Management Training 1

AYSO Volunteers : 

2 AYSO Volunteers Thank you for the Leadership and Management You Give to Your Region – its Players, Parents, Coaches, Referees, Volunteers, and Community. 2

Introductions : 

3 Introductions The Instructor Team

Introductions : 

4 Introductions The Workshop Participant Team Who’s attending today? 4

The Model Region : 

5 The Model Region

Our Goal : 

6 Our Goal Provide understanding processes to use when limiting, suspending, or terminating a non-executive member’s participation in AYSO.

Learning Objectives : 

7 Learning Objectives Understand when due process (notice and an opportunity to be heard) is needed. Understand how to satisfy due process by either a Review by an RC (AD or SD) or a Review by a disciplinary review panel (“Review Panel”) Understand due process and appeal procedures

Review Some Terminology : 

8 Review Some Terminology OLD = “D&R Panel” / “D&R Board” / “Hearing Board” NEW = Review Panel (or disciplinary review panel) OLD = “Due Process Hearing” NEW = Review Proceeding (or sometimes “Review” for short)

Support and Resources for Due Process and Conflict Resolution : 

9 Support and Resources for Due Process and Conflict Resolution Continuing support provided by ADs, SDs, Board Liaisons, the NSTC . . . and Your Other AYSO “Trusted Advisors” (board members, former RCs, RCs in neighboring regions, etc.) 9

Support and Resources for Due Process and Conflict Resolution : 

10 Support and Resources for Due Process and Conflict Resolution Due Process Handbook The Due Process Flow Chart Sample notices, Review Panel recommendations, examples of discipline issues, . . . 10

Support and Resources for Due Process and Conflict Resolution : 

11 Support and Resources for Due Process and Conflict Resolution New Due Process Task Force of the Legal Commission Created to assist RCs, ADs, SDs, and their volunteers Contact thru Risk Management Coordinator at NSTC Currently Holly Veach - 1-800-USA-AYSO 11

Determining When Discipline Requires Due Process and Identifying Non-Executive Members Entitled to Due Process : 

12 Determining When Discipline Requires Due Process and Identifying Non-Executive Members Entitled to Due Process

Resolving Disputes : 

13 Resolving Disputes Most problems resolve without formal process Attempt to resolve in amicable fashion Compromise preferred to more severe actions 13

Resolving Disputes : 

14 Resolving Disputes What are examples of things to help handle and remedy day-to-day problems if they are identified early and handled fairly? 14

Resolving Disputes : 

15 Resolving Disputes Evaluation Additional Education/Training Additional Supervision Mentoring Counseling Behavioral and performance contracts Warnings Restitution (financial and in-kind services) 15

Slide 16: 

16 “Non-executive members” are entitled to due process if their participation in AYSO will be limited, suspended, or terminated by imposing the proposed discipline or sanction. When is Due Process Needed?

Executive vs. Non-Executive Members(for due process purposes) : 

17 Executive vs. Non-Executive Members(for due process purposes) This course covers discipline of non-executive members First distinguish between executive and non-executive members

Who are Executive Members? : 

18 RCs, ADs, SDs - voting members, nominated by their local governance Appointed by the National Board of Directors May only be removed by the NBOD. Special Directors and National Board of Directors are also Executive Members. Who are Executive Members?

Who are Non-Executive Members (for Due Process Purposes)? : 

19 Who are Non-Executive Members (for Due Process Purposes)?

Who are Non-Executive Members (for Due Process Purposes)? : 

20 Registered (& Accepted) Volunteers All region, area and section personnel who are currently registered volunteers Must have completed volunteer application & been accepted Includes all board, staff and volunteer positions Excludes executive members Who are Non-Executive Members (for Due Process Purposes)?

Who are Non-Executive Members (for Due Process Purposes)? : 

21 Players (and their parents and guardians) Registered players are members of AYSO Parents and guardians are not “members” under AYSO’s bylaws . . . BUT AYSO affords parents and guardians due process if their participation at their player’s AYSO events as a spectator at will be limited, suspended or terminated. Who are Non-Executive Members (for Due Process Purposes)?

Who are NOT Non-Executive Members (for Due Process Purposes)? : 

22 Other Specators (e.g. grandparents, aunts, uncles, friends, etc.) Other spectators are NOT considered “non-executive members” for due process purposes NOT entitled to due process if imposing discipline and limiting their participation as spectators Who are NOT Non-Executive Members (for Due Process Purposes)?

Who are NOT Non-Executive Members (for Due Process Purposes)? : 

23 Who are NOT Non-Executive Members (for Due Process Purposes)? Exceptions . . . If believe may be prudent for spectator (e.g., grandparent, aunt, uncle, etc.) to be afforded due process, contact AD/SD or NSTC (Holly Veach) to discuss with Due Process Task Force of the Legal Commission.

Who are NOT Non-Executive Members (for Due Process Purposes)? : 

24 Who are NOT Non-Executive Members (for Due Process Purposes)? Example of NOT entitled to due process . . . Coach who was assigned a team and was coaching, but later discovered that coach never completed and submitted a volunteer form. NOT entitled to due process since not a current registered (and accepted) volunteer. 24

Overall Guidelines to Keep in Mind When Disciplining : 

25 Overall Guidelines to Keep in Mind When Disciplining Consider minimum rather than maximum remedy Avoid punishing players for “sins” of their parents Do not wipe out years of good memories of AYSO - Last resort to remove or suspend - Voluntary resignation preferred in most cases RC/AD/SD should not act if not disinterested 25

Overall Guidelines : 

26 Banishing parent or other adult may not be enforceable if events on public property Do not publicize/discuss proceeding beyond the need to know – respect the privacy of the individuals involved Remember: Keep your CVPA informed of issues and review proceedings Overall Guidelines

Overall Guidelines : 

27 Keep your AD (SD or Board Liaison) informed of Review Proceedings Contact the Risk Management Coordinator at the NSTC (who can then refer the issue to the Legal Commission’s Due Process Task Force) for advice as to how to handle a specific situation Risk Management Coordinator - Holly Veach 1-800-USA-AYSO Overall Guidelines

Slide 28: 

28 “Non-executive members” are entitled to due process if their participation in AYSO will be limited, suspended, or terminated by imposing the proposed discipline or sanction. Remember When Due Process Is Needed

Due Process = Notice + An Opportunity to be Heard (Must be FAIR) : 

29 Due Process = Notice + An Opportunity to be Heard (Must be FAIR)

Why Is Due Process Necessary ? : 

30 Why Is Due Process Necessary ? Ensure all facts identified and reviewed, and fair consideration offered Allow all parties opportunity to tell their side of the story Avoid possibility of disciplining an innocent person 30

Slide 31: 

31 Why Is Due Process Necessary ? Ensure discipline appropriate in terms of alleged offense (not arbitrary and capricious) Protect Confidentiality Avoid litigation/lawsuits Ensure final outcome is WIN-WIN for everyone involved

Providing Due Process : 

32 Providing Due Process RC (AD or SD) should ensure procedures used provide for appropriate fairness and due process 32

The AYSO Due Process Flow Chart : 

33 The AYSO Due Process Flow Chart

Slide 34: 

34 Incident or Issue Occurs* * If RC is witness, involved or not disinterested, RC appoints neutral person from region to take RC’s place

Slide 35: 

35 Assign appropriate person to investigate Person neutral - not directly involved Seek all relevant FACTS - people being interviewed need first-hand knowledge RC refers matter to Fact-Finder to Investigate

Slide 36: 

36 Early results indicate imminent danger to program or people

If Imminent Danger . . . : 

37 If Imminent Danger . . . RC (AD or SD) may immediately discipline as appropriate if, for example . . . Safety of volunteers or players at risk Material economic harm to region Crime may have been committed An Imminent danger to program operations, policies or philosophies being subverted or program is otherwise at risk 37

Slide 38: 

38 Due process requires subject of discipline be given (1) notice and (2) an opportunity to be heard IF discipline would limit, suspend or terminate person’s participation in AYSO RC issues notice of suspension with an opportunity for Review

Providing Appropriate Notice : 

39 Providing Appropriate Notice Notifies of discipline imposed or to be imposed and reason therefor Gives opportunity to request review of decision within specified period of time States effective date of discipline If applicable, (e.g. suspension or removal from participation in AYSO) explains discipline will be enforced throughout AYSO and may be enforced by other member organizations of USSF 39

Providing Appropriate Notice : 

40 Providing Appropriate Notice Notice should explain, if Review requested, discipline will continue RC may provide notice by telephone or in person but written confirmation needed 40

Delivery Methods for Notices : 

41 Delivery Methods for Notices Obtain proof of mailing and/or proof of delivery. Proof of receipt is NOT required. Signature of non-executive member is NOT required. Use current address on record for notices CCs on notice: all levels of governance up (AD, SD, Section Liaison to National Board and NSTC (Risk Management Coordinator - currently Holly Veach) Delivery methods: mail; overnight courier; in person; telephone*; email* (*must follow-up in writing) 41

Slide 42: 

42 Discipline is Final and Matter is Closed Voluntary Resignation -- if appropriate Remember Inform Your CVPAs No Review requested or Subject resigns** Matter is CLOSED

Slide 43: 

43 Review must be requested in writing and within time limit in notice 43 Subject Requests Review in writing

Slide 44: 

44 RC has 2 choices RC decides to conduct Review and reconsideration of discipline OR RC decides to have a Review Panel conduct review proceeding (and make recommendation to RC) RC Decision Point

Slide 45: 

45 RC refers matter to Fact-Finder to Investigate Fact-Finder delivers report to RC

Slide 46: 

46 RC has 3 choices: RC decides no discipline needed (Matter Is Closed) RC decides to conduct Review of incident RC decides to have a Review Panel conduct review of incident RC Decision Point

Slide 47: 

47 RC decides to conduct Review

Slide 48: 

48 RC should feel free to consult with others (e.g., Fact-finder, Asst. RC, other region board member, etc.) Remember need to respect privacy of individuals If discipline limits, suspends or terminates participation in AYSO, due process is required 48 RC determines discipline is warranted

Slide 49: 

49 Since RC had not given individual “notice and opportunity to be heard” before deciding to impose sanction, RC must give notice and opportunity to contest discipline now 49 RC sends notice of decision to subject with an opportunity for Review

Slide 50: 

50 Discipline is Final and Matter is Closed Voluntary Resignation -- if appropriate Remember Inform Your CVPAs No Review requested or Subject resigns** Matter is CLOSED

Slide 51: 

51 Subject submits request for Review in writing

Slide 52: 

52 RC Decision Point RC decides to conduct Review and reconsider discipline OR RC decides to have a Review Panel conduct Review (and make a recommendation to RC) 52

NEW PROCESS : 

53 NEW PROCESS NEW - RC may conduct review of discipline Intended to help RCs (ADs or SDs) more effectively and efficiently deal with discipline issues RC review and reconsideration satisfies due process A Review Panel is NOT required 53

Slide 54: 

54 RC reviews information and reconsiders decision to impose discipline RC provides due process by conducting Review and reconsidering discipline ? ? What information do you think an RC may/should consider?? RC invites subject to submit info why discipline is not warranted

Slide 55: 

55 Following Review, RC decides no discipline is needed and sends notice of decision to subject Matter is CLOSED

Slide 56: 

56 Due Process was satisfied by (1) notice and (2) opportunity to have discipline reviewed and reconsidered by RC Non-executive member has right to appeal 56 Following Review, RC decides to confirm or modify discipline and sends notice with right of appeal

Slide 57: 

57 Discipline is Final and Matter is Closed Voluntary Resignation -- if appropriate Remember Inform Your CVPAs No appeal requested or Subject resigns** Matter is CLOSED

Slide 58: 

58 If disagree with discipline, appeal to next higher level (area, section, . . .) Only one such appeal is allowed Appeal must be requested in writing and within time limit in notice Subject submits request for appeal in writing

Slide 59: 

59 AD asks “Was due process provided?” AD does NOT conduct a review all facts and circumstances to impose AD’s judgment 59 Area Director reviews procedure and decision to determine whether due process was provided

Limited Reasons to Overturn Decision on Appeal : 

60 The AD should only overturn the decision on appeal if it can be shown that: 1. Interested party involved in Review; 2. Lack of notice or unfair procedures; or 3. Sanctions are arbitrary or capricious (For example, the discipline is so excessive that it is grossly unfair under the circumstances). Limited Reasons to Overturn Decision on Appeal

Slide 61: 

61 If decision upheld, decision final and binding AD notifies non-executive member and RC Matter is Closed 61 AD upholds original decision and communicates such to subject and RC Matter is CLOSED

Slide 62: 

62 AD sends matter back to RC for reconsideration if: 1. interested party/parties involved in Review 2. Improper notice or unfair procedures 3. Sanctions are arbitrary or capricious

Slide 63: 

63 RC determines why decision overturned and how due process can be provided RC should begin at whatever step in process appropriate to correct error RC evaluates AD decision to determine what is needed to satisfy due process and takes appropriate steps

Slide 64: 

64 A “disciplinary review panel” or “Review Panel” is a group of disinterested individuals assembled to review incident and consider discipline If RC already decided on discipline, panel considers during Review to make recommendation to RC regarding whether discipline needed and, If so, what discipline it recommends as appropriate RC decides to have a Review Panel conduct Review

RC may decide to appoint Review Panel: : 

65 RC may decide to appoint Review Panel: To conduct initial review of incident Rather than RC [top 3 Yellow boxes in Flow Chart] To conduct Review after RC decided discipline Rather than RC Review [bottom 2 Yellow boxes] At any other stage in process

Disciplinary Review Panel(“Review Panel”) : 

66 Disciplinary Review Panel(“Review Panel”) Non-executive member must ALWAYS be given an opportunity to participate in review proceeding conducted by Review Panel Due process satisfied by providing opportunity to participate

Slide 67: 

67 Typically comprised of regional board members, other AYSO volunteers coach and referee administrators, Assistant RC, CVPAs, division coordinators, etc. former region board members must all be currently registered volunteers RC forms a Review Panel and appoints a Chair

Forming A Review Panel : 

68 Forming A Review Panel Consider designating and training in advance so trained volunteers available to appoint to Review Panel as need arises These volunteers can also Be trained to help with other day-to-day conflict resolution in region (e.g., mentoring, observing, providing additional training, etc.) Be used to assist in fact-finding investigations into incidents as they arise in region

Forming A Review Panel : 

69 Forming A Review Panel Odd number Disinterested panel members RC appoint Chairperson RC/AD should not be part of Review Panel RC likely appointed for ‘perspective’ of others RC has authority to conduct review by self, so don’t need to be on Review Panel [Yellow boxes] AD (or SD) should stay neutral since may need to review on appeal 69

Forming A Review Panel : 

70 Forming A Review Panel Discourage Having Entire Regional Board Conduct a Review Respect privacy of individuals involved Region Board review can cause division/taking sides Inefficient management - board members have own work 70

Before the Review Proceeding : 

71 Before the Review Proceeding Gather information Share all information Review information and establish questions Select a location and time

Slide 72: 

72 Notice typically sent by Review Panel Chair Notify all parties of time/date/location of Review Proceeding and request info be submitted in advance

The Notice of Review Proceeding: : 

73 The Notice of Review Proceeding: ??? What would you include??? Notifies of review, the reason, potential types of discipline States location and time Gives opportunity to provide info and docs and to have panel consider information from interested parties Explain will get reasonable opportunity to explain why should not be disciplined 73

The Notice of Review Proceeding: : 

74 Informs response may be in person, writing or by telephone if unable to attend Explains, if discipline imposed, it will be enforced throughout AYSO and may be by other member organizations of USSF 74 The Notice of Review Proceeding:

Slide 75: 

75 Review Proceeding is NOT a court hearing Right to bring anyone who may speak on his/her behalf Review Panel conducts Review Proceeding and considers all input, written or in person

During the Review Proceeding : 

76 Person who is attorney may attend, but not in capacity of attorney representing subject May be there for solicited support Not permitted to question, but can consult with non-executive member Do not permit attorney to treat as formal trial If continues to treat as formal trial, warn subject that attorney’s misconduct: will be treated as waiver and Review Panel may terminate review proceeding and render recommendation based on material already submitted During the Review Proceeding

During the Review Proceeding : 

77 Allow time to “tell their side of the story” At end, ask all parties if had sufficient time Recommend each party be given separate times to present to Review Panel Provide a short interval between each party’s allocated presentation time Don’t have both groups in room at same time Public not permitted (Don’t bring team to watch) Take detailed notes (non-Panel member okay) During the Review Proceeding

Slide 78: 

78 Discuss findings If follow-up necessary, plan to resume after Decide on preliminary recommendation and assign member to write recommendation Submit recommendation to RC Review Panel assembles in private to form a recommendation and delivers to RC

Slide 79: 

79 Based on the Review Panel Recommendations RC has 2 choices: RC decides to approve or modify recommendation and impose discipline OR RC decides to approve or modify recommendation and not to impose discipline RC Decision Point

RC Considers Recommendation : 

80 To extent possible, RC should try to approve without overruling or second guessing Review Panel If RC has questions or believes recommendation should be modified, RC may want to consult with Chair of Review Panel or all its members RC Considers Recommendation

Slide 81: 

81 RC decides to approve or modify the recommendation and imposes no discipline RC sends notice of decision to subject Matter is CLOSED

Slide 82: 

82 RC decides to approve or modify the recommendation and imposes discipline RC sends notice of decision with right of appeal Notice describes discipline & reason therefor Do NOT attach recommendation of Review Panel If appealed, provide recommendation to AD for consideration with appeal

Slide 83: 

83 If disagree with discipline, appeal to next higher level (area, section, . . .) Appeal must be requested in writing and within time limit in notice AD reviews whether due process was provided [Blue boxes on AYSO Due Process Flow Chart] Subject submits request for appeal in writing

Slide 84: 

84 Discipline is Final and Matter is Closed Voluntary Resignation -- if appropriate Remember Inform Your CVPAs No appeal requested or Subject resigns** Matter is CLOSED

Summary – Two Ways To Provide Due Process Review : 

85 Summary – Two Ways To Provide Due Process Review (1) Review and reconsideration of discipline by the RC (AD or SD) NEW PROCESS illustrated by the Yellow boxes in the Flow Chart No Review Panel required RC gives (1) notice and (2) opportunity to be heard (reconsideration) 85

Summary – Two Ways To Provide Due Process Review : 

86 Summary – Two Ways To Provide Due Process Review (2) Review by a Review Panel non-executive member given an opportunity to participate in the review proceeding Review Panel provides recommendation to RC RC decides whether to accept or modify the recommendation 86

BREAKReturn in 10 minutes or… : 

87 BREAKReturn in 10 minutes or…

Due Process and AppealGroup Scenarios : 

88 Due Process and AppealGroup Scenarios Group # 1 Before the Review Proceeding Group # 2 During the Review Proceeding Group # 3 After the Review Proceeding Group # 4 Once the dust settles

The Model Region : 

89 The Model Region

Ready, Set, Go!Manage, Lead, and Have Fun! : 

90 Ready, Set, Go!Manage, Lead, and Have Fun!

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