701.
Supreme Authority of the National Council
(a) The National Council shall have the obligation to deal with all differences and controversies which may arise between one or more Futsal State or above-mentioned Associations or other bodies, or any other matter not covered in these rules. The decision of the National Council shall be final.
(b) The National Council shall have the obligation
to deal with violations of the rules of the game, the rules and regulations of
this National Council, or misconduct by any association, club, team, player,
official, member, or spectator under its jurisdiction, either in scheduled
fixtures or exhibition games in the event that such violation or misconduct is
not dealt with by the proper organization or authorities in the proper manner.
(c) Referee misconduct shall be dealt with
by the National Referees Association and a report sent to the National Board of
Directors within two (2) weeks.
(d) Anything contained herein to the contrary
notwithstanding, the National Council or the National Board of Directors shall
have the power to review suspensions exceeding a term of ninety days or fines
in excess of two hundred and fifty dollars imposed by an affiliated body and
may modify or rescind such suspensions or fines.
(e) The National Council shall have power to
deal with all cases arising from the affiliation of a club or team with two (2)
or more Futsal State Associations or above-mentioned Associations, also with
all cases regarding minor associations, which are composed of clubs or teams
belonging, geographically, to two (2) or more Futsal States Associations, and
finally with all cases arising from the affiliation of minor associations or
clubs or teams with a Futsal State Association other than the one they
geographically belong to where the rules of said associations fail to properly
cover such cases.
(f) The National Council may call upon any
association, league, club, team, or player to produce any books, letters, or
documents and other evidence the National Council may require.
702.
Suspensions
(a) No affiliated Futsal State Association,
National Organization, State Commission, or any official thereof shall be
suspended by the National Board of Directors without written charges being
preferred against the offender and a hearing held thereon.
(b) Suspensions of clubs, teams, players, and
officials shall be imposed only for stated reasons, and for a definite period
of time, and no player or official of any club or team so suspended shall
continue under suspension for an offense committed by the management of his
club or team unless proof is submitted connecting such player or official with
the offense committed.
(c) Suspension definitely imposed by this Federation or any affiliated Association shall be recognized by all affiliated organizations after proper notification. A file will be maintained by this Federation on all disciplinary matters.
703.
Hearing Procedure
(a) At any hearing conducted pursuant to the
filing of a challenge or a complaint, as provided in these By-Laws, all parties
shall be given a reasonable opportunity to present oral or written evidence, to
cross-examine witnesses and to present such factual or legal claims as
desired. Hearings shall be open to the
public. In addition, the proceedings
shall be stenographically recorded and a verbatim
transcript thereof made available to each interested party upon request and
payment therefor.
The rules of evidence shall not be strictly enforced; instead, rules of
evidence generally accepted in administrative proceedings shall be applicable.
(b) The
burden of proof shall be upon the challenger or complainant
(c) Within thirty days after receipt of the complaint the or nominee will determine whether the complainant has exhausted the remedies available at the more basic level of the Futsal sport jurisdiction such as a Futsal State Association or appropriate national organization and whether the USFF has any jurisdiction in the matter, and will advice the complainant of the decision.
(1) At the more basic level as
outlined in (c) above: The , appropriate administrative officer or nominee of
that organization or association will determine within fifteen days after
receipt of the complaint whether said group has any jurisdiction in the matter,
and will advice the complainant of the decision.
(2) Within thirty days, if the
, appropriate administrative officer or nominee determines that the complaint
was properly filed, a hearing shall be held by the Appeals Committee of said
futsal association or national organization to receive testimony for the
purpose of determining a solution to the grievance claimed. Giving the claimant
an opportunity to be heard.
If it is
determined that all remedies at a more basic level of Futsal sport jurisdiction
have not been exhausted or that the USFF lacks jurisdiction in the matter, the
Secretary General or nominee will so advice the complainant and give the
complainant some direction regarding the course of action recommended.
(d) Within sixty days of the determination
referred to in Article 703(c) above, if the Secretary General or nominee
determines that the complaint was properly filed with the USFF, a hearing shall
be held by the Appeals Committee to receive testimony for the purpose of
determining a solution to the grievance claimed. Such a hearing, if all the
affected parties cannot afford to come together in one place, may be conducted
by telephone, mail, or some combination of methods that gives all parties a
reasonable opportunity to be heard.
(e) Notice of the determination of the grievance following said hearing shall be given to the affected parties in writing, and if it be determined that the grievance is well taken, the Chairman of the Appeals Committee may direct a correction of the grievance and such other action or inaction by the interested parties as appears necessary.
(f) The National Board of Directors shall
review all decisions made by the Appeals Committee.
704.
Appeals
(a) The National Council shall entertain appeals from the decisions of affiliated associations and other organizations only after such decisions have been reconsidered, or an application for reconsideration has been refused, in all cases of interpretation of rules and decisions pertaining to matters plainly of a general and national character, or where a divergence of opinion exists as to jurisdiction in a case.
(b) Unless the National Council shall
otherwise determine, each appeal shall be heard by an Appeals Committee to be
appointed by the Chairman, with the approval of the National Board of
Directors, and such Committee shall have power to call for the production, by
the appellant and appellee, of any and all documents
and evidence the Committee may require.
(c) The decision of the Appeals Committee shall not be subject to debate or revision unless the National Board of Directors by a two-thirds (2/3) vote otherwise orders.
(d) An appeal must be made in writing and must be sent by mail to the office of the Secretary of the Federation within one (1) week from the date of the official receipt of the decision by the party seeking the appeal. An appeal shall not be considered valid unless it further complies with the following:
(1) Not less than seven (7) copies of the
complete appeal shall be sent.
(2) Not less than seven (7)
copies of the rules of the organization against whose decision the appeal is
taken shall accompany the appeal.
(3) The applicable fee of one
hundred dollars ($100) in form of certified funds shall accompany the appeal.
(4) The appeal shall be sent
by mail to the organization whose ruling is affected and a signed statement
showing the date when and address to which the appeal was sent in accordance
with this provision shall accompany the appeal to this Federation.
705. Grievance Procedure
(a) Any member of this Federation may file a
written grievance with the Secretary General pertaining to any matter within
the cognizance of this Federation and alleging a violation of any provision of
these By Laws.
(b) Any grievance shall be signed under oath
and the challenge shall set forth the factual allegations in numbered
paragraphs, each paragraph containing a single factual allegation, and shall
contain, at a minimum, the following:
(1) Shall list the names and addresses of the
parties;
(2) Shall allege with
particularity the nature of the grievance and/or each claimed violation of the
aforementioned documents by reference to specific sections thereof.
(3) Shall delineate in concise
language how, when, and where the alleged violation occurred.
(4) Shall explain the relief sought.
(c) A copy of the applicant's organic documents
shall be appended to the challenge. The Secretary General shall promptly inform
the applicant that the application has been received and shall also refer it to
the National Board of Directors. Every effort will be made to resolve the
grievance or complaint at the Disciplinary Committee level through informal
means.
(d) In the event that the member filing a grievance is not satisfied with the proposed resolution of the matter reached by informal methods, or if no action is taken by the National Board of Directors to resolve the matter informally within ten (10) days, he/she may request a hearing, whereupon the matter will be formally sent to the Appeals Committee to hear evidence, make finding of fact, and adjudicate the issues raised. The Committee shall be convened as expeditiously as possible.
(e) At the committee hearings, all interested
parties shall have the right to counsel, to present evidence in support or in
opposition to the grievance, to examine and to cross-examine witnesses, and to
present such factual or legal claims as will support their positions. A summarized record of the proceedings shall
be made by the Committee. The rules of
evidence shall not be strictly enforced. The committee shall expeditiously
conduct the review and report its findings of fact and recommendations to the
National Board of Directors and all interested parties. The burden of proof and
of going forward shall be on the complainant. The full National Board of
Directors shall then decide to accept or reject the recommendations or send the
matter back for additional evidence or take additional evidence itself.
(f) Fair notice and an opportunity for a
hearing shall be accorded to any amateur athlete, coach, referee, trainer,
manager, administrator, or official before the Federation declares such
individual ineligible to participate in any amateur athletic competition.
706.
Arbitration
The USFF shall submit to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association in:
(a) Any controversy involving its recognition
as a national governing body for the sport of Futsal, as provided for in the Constitution and By Laws of FIFA Futsal;
5-a-side Committee.
(b) Involving the opportunity of any amateur
athlete, coach, referee, trainer, manager, administrator, or official to
participate in amateur athletic competition in the sport of Futsal, as provided
for in these By Laws.
707. Exclusive Remedy until National Council Decision
No Futsal State Association,
State Referees Association, National Referees Association, Commission,
Official, Club, Team, Referee, or player may invoke the aid of the Courts of
any State or of the United States without first exhausting all available
remedies within the appropriate Futsal organization, including a final appeal
to the annual general meeting of the National Council.