BY-LAWS

SOUTHERN ASSOCIATION OF USA TRACK & FIELD

 

ARTICLE

NAME

The name of this corporation shall be SOUTHERN ASSOCIATION of USA TRACK & FIELD, hereinafter referred to as "this Association," or "this corporation."

 

ARTICLE 2

DEFINITIONS

A.    ATHLETE:

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, race walking, and

           any other sport discipline recognized by the IAAF.

C.     Athletic competition means a contest, game, 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 of 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 organizations 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 Louisiana and Mississippi.

J.      USATF means USA Track & Field, the national governing body.

 

ARTICLE 3

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 the geographic area.

A.     Purposes: This corporation shall have the following purposed:

1      Development: Developing interest and participation in Athletics in this geographic area at all levels;

2.     Management: Promoting Athletics and athletes by conduction 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, UASTF, 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 organization, 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 USTF 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.

 

ARTICLE 4

AUTHORITY

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 UASTF. This provision shall not be construed as preventing this Association from contracting with third parties for administrative assistance and support in connection with its purpose and authority.

 

ARTICLE 5

CONSTITUENCY

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: Applications 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-third vote.

 

 

ARTICLE 6

VOTING MEMBERS

This Association shall use a balanced meeting ballot where only selected members of the Association are eligible to vote. There shall be a maximum of (NUMBER) available votes, divided among the following five constituencies: eligible athletes, coaches, officials, organizational members, and other members (which may include elected officers of the Association).

A     Voting strengths: Athletes shall have 20, Organizational members 50, officers 10, Officials t0, and coaches 10.

B      One-person, one-ballot: Individuals who are eligible to cast a ballot in more than one constituency must choose one

 constituency in which to vote.

C      Minimum age: Voters must be a minimum age of eighteen (18) on the day of the election.

 

ARTICLE 7

MEETINGS

A      Annual Meeting: The annual meeting of this Association shall be held the 3rd Saturday in August, at such date, time and place

as may be fixed by the Association at the semi-annual meeting in January and announced by requisite notice of such meeting.

B      Regular Meetings: This Association shall hold a semi-annual meeting on the 3rd Saturday in January. The time and site will be

determined at the August meeting.

C     Special Meetings: Special meetings of this Association shall be held upon call by the President

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, local       Association web site, and/or the

National Office's web site

b.     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 meeting. A proposed agenda shall be included along with the meeting notice.

2      Open conduct of business: All meetings of this Association shall be open to all individual members of the Association

except as otherwise provided.

3      Record of 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.

4      Quorum: A quorum, made of representatives from different organizational members, must be present to conduct business

and vote.

   5      Agenda: At all meetings of the Association, the following is the agenda:

1       Roll Call of Delegates

2      Reading of minutes of preceding meeting

3      Treasurer's Report

4      Report of Officers and Committees

5      Unfinished Business

6      Action on proposed amendments (at Annual meeting)

7      New Business (including elections in even numbered years and selection of delegates for convention)

8      Installation of Officers (at Annual meeting, even -numbered years)

9      Adjournment

6      Rules of Order: Questions of order shall be decided by the parliamentarian in acccordance with Roberts Rules of Order

(Newly Revised), unless otherwise provided in these Bylaws.

 

 

ARTICLE 8

VOTING

 

The following guidelines shall apply to all elections for officers and sport committee and other chaffs in the 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      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

3      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: The committee will submit a slate of officers to the executive committee 45 days prior to the

election of officers for approval, the slate will be published 30 days prior to the election.

2      In-person meeting nominations: Nominations nay be made and must be allowed from the floor.

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 age of eighteen (18) on the day of the election.

4      Voting membership deadline: Except for renewals from the previous year, individuals must be members in the month

which ends more than one full month preceding the election (e.g. if the election is held at any time in September, the membership must be processed by July 31).

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 organization.

7     Organization voters: If an organization has more than one (1) vote, each ballot must be cast by a different representative;

and

8      Membership: Organizations and any person representing as organization in Association voting  matters must be a member

of USATF.

 

D      Conducting of voting: This Association shall use a balanced meeting ballot where only selected members of  the Association

are eligible to vote.

1      Number of votes: There shall be a maximum (number to vary according to number at the meeting)  available votes,

Divided among the following five constituencies: eligible athletes, coaches, officials, organizational members, and Officers.

2      Minimum voting strengths: Athletes shall have 20%,Organizational members 50%Coaches 10%,Officials 10%and

officers10 %;

3      Disputes: Credential disputes must be resolved before the election process is started with nominations.

4      One-person, one-ballot: Individuals who are eligible to cast a ballot in more than one constituency  must choose one

constituency in which to vote at the meeting.

5      Uncontested: Uncontested elections may be voted by acclamation; and

6      Ballot type: A secret ballot must be used for contested elections.

 

E     Counting of ballots: A panel of at least three (3) individuals, at least one(l) 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.

F      Committee chairs:

1  Age and Term: 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: The following officers are sent as delegates: President, Secretary/Membership Chair; Treasurer, and Youth

Chair whose expenses are covered up $750.00 + $150 registration. The Association shall also send as many other delegates as the Association is allowed, the minimum total is twelve (12).. Delegates must be voted on by the membership.

1      Requirements: Must be a member of USATF at the time of voting, must be available to attend the entire convention, must

submit a written report to the Secretary before the winter meeting in order to be reimbursed.

2      Reimbursement: Each officer and delegate (except those stated previously), shall receive $450.00 to be used for

convention expenses. Officers and delegates are reimbursed upon submission of a written report.

3      Fulfillment: A delegate who does not fulfill their convention responsibilities, will not be eligible to serve as a delegate for

two (2) years.

H     Majority requirement:

1    Officers: Regardless of whether a mail ballot is used, 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.

     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.

 

 

ARTICLE 9

OFFICERS AND THEIR DUTIES

 

A     Positions: The officers of this Association shall be: a President, Vice-President of Membership, Vice-President of Rules, Law

and Legislation, Vice-president of Sports Committees, Coaches Education and Cultural Exchange, Secretary/ Membership Chair and a Treasurer. 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. The officers shall serve for a term of two calendar years following election, or until his or succession to any office. Should the President become incapacitated, the 1" Vice-president will serve until the next regular election.

B     Duties:

1      President: The President shall preside at all meetings of the Association. The President shall be an ex-officio member of all

committees.

2      Vice-Presidents: Shall perform such duties as shall be assigned by the Association and the President.

 

3      Treasurer; The Treasurer shall receive and account for all funds of the organization. Work with the Budget and Finance

Committee.

4      Secretary/Membership Chair: The Secretary/Membership Chair shall make proper arrangements for keeping the records

of the Association, conducting all official correspondence of the Association, issuing official notices of all meetings of the Association, and performing such other duties as may be directed by the President The Secretary receives a stipend of $150 per month. AS 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 benefits. Will also be present at the Association Championship, Association and Regional Junior Olympic Meets with all documentation needed to verify membership. In case of emergency, the Secretary/Membership Chair must notify the Vice-president of membership of his/her absence. The Secretary/Membership Chair shall make an announcement that he/she is leaving the meets.

C      Election: All officers are to be elected for two years at the annual meeting of the Association in even years. No person may

contest more than one (l) officer position during an election. A person may not hold the office of President and any other officer position; however, a person may be named in dual capacities to fill a vacancy.

D     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 of such meeting shall properly set forth the removal vote on the agenda.

 

 

ARTICLE 10

EXECUTIVE COMMITTEE

 

A     Composition: The Executive Committee shall be composed as follows:

1      The officers of this Association, Chairs of the sports committees, one representative from each administrative, athlete

representatives, chair of officials committee, and a coach elected by and from (Coaching Advisory Committee).

 

 

 

 

 

ARTICLE 11

COMMITTEES

 

A     Committees: The following committees of this Association are established with such duties, responsibilities, and make-up as

outlined her and in Articles reserved for each type of committee:

1     High Performance: Men's TF, Women TF, Race Walk

2      Developmental Group: Coaching Ed, Development, sports Medicine & Science)

3     Long Distance Running Committee: Men LDR, Women LDR, Masters LDR, Cross Country

4      General Competition Committee: Master TF, Youth

5      Law & Legislation, Rules

6      Athletes Advisory

7       Athletes for the Disabled

8      Coaching Advisory

9      Officials

 

ARTICLE 12

COMMITTEES

 

A     Sport:

1      Duties and responsibilities: In addition to the provisions of Article 12, each committee shall:

a     Championships: Have jurisdiction over the Association championship in the particular discipline it controls, and

shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of

Regulation3.

b     Calender: 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 the division areas

follows. Each of these definitions should be covered by a committee where committees are merger:

a      Age categories:

i     Senior athletes are of any age 14 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 the competition; and

iv   Youth athletes shall not 19 before the final day of the national Junior Olympics track & field competition and

      are divided into specified age categories; and

b      Jurisdiction:

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.

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 12-B-2.

B      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      Athletes representatives: Appoint, elect, or oversee the election or appointment of athletes' representative to

         committees or subcommittees when empowered to do so by these Bylaws;

c      Participate 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;

    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;

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.:

a      Sprints;

b      Hurdles;

c       Multi-events

d      Distances of 800 meters through 1500 meters;

e       Distances of over 1500 meters to 10,000;

f       Road racing and cross country;

    Throws;

h      Horizontal and vertical jumps;

     Race walking; and                                    

j       At-large (active or inactive) athletes.

C      Athletes 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 (20 members selected by each sports organization for the disabled.

        One (10 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.

D     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(l) coach from each organization active in the Association (from

        among the USTCA, USWTCS, NCAA I, NCAA II, ANIA, NHSACA, NJCAA, NWAACC, or CCCCCTCA (as

        appropriate), 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.

E      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, inssofar as they can.

         Associations' coaches education committees shall attempt to parallel the structures of the national subcommittee, such

         activities being led by an Association coaching education chair appointed by the Association president (unless otherwise 

         provided for in the Association, bylaws).

F     Development:

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, with the approval of the divisional chairs of

        High Performance and Long Distance Running in consultation with the President, shall have the authority to appoint 

        additional non-voting members to carry out the responsibilities of the committee.

G     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.

H      Officials Committee:

 1       Associations' officials committee: Recognizing the possible differences between Associations in the number of meetings

          held, the availability of officials, and 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 "Association 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

e      Additional Duties: Will work in concert with LOC of any championship meet to provide officials, and any Other

        form of help meet Management needs.

2    Minimum make-up and concurrence: Each local committee shall be composed of at least one representative from each

      locally active discipline of USATF.

 

ARTICLE 13

DISCIPLINARY AUTHORITY

 

This Association shall have the authority to discipline any member, delegate, athlete, coach, manager, official, trainer, member of any committee, and other person or entity participating in Athletics who, by neglect or by conduct, (i) acts in a manner detrimental to the purposed of USATF or Athletics, or (ii) has violated any of the Bylaws, Operating Regulations, or Rules of Competition of USATF, or 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 form in USATF Operating Regulations 11 and 12.

 

ARTICLE 14

REDRESS OF GRIEVANCES

 

A      Redress of grievance: A grievance may be any matter within the cognizance of this Association other than doping offenses.

A grievance Complaint shall state that (i) conduct detrimental to the best interests of Athletics or USATF has taken place, or (ii) a violation of any of the Bylaws has occurred, or (iii) the rules of eligibility as defined by the IAAF has been broken.

Grievance Complaints may be filed only by individuals who were, at the time that the conduct complained of occurred, members, directors, or other officers of USATF. Grievance Complaints must be filed within two (2) years from the time the complaining party knew or should have known of the act giving rise to the Complaint.

B     Grievance Complaints: Grievance Complaints shall (i) be filed with the Association office and the Secretary, (ii) be signed

       under oath, (iii) allege with particularity the nature of the grievance, and, where appropriate the, the UASTF or IAAF rule which

       has been violated or broken, and (iv) ask that USATF take such action as may be appropriate and in accordance with its rules. 

       Factual allegations shall be separately stated in concise language with one such allegation set forth in each numbered paragraph of

       the Grievance Complaint The failure of a Complaint to comply with the preceding sentence shall not be grounds for its dismissal,

       provided the Complaint clearly makes specific allegations that, it proven, would justify one of the conclusions set forth in

       paragraph A above. The Association Office shall forward a copy of each Grievance Complaint to the President.

C    Informal resolution of grievances: Upon receipt of a Grievance Complaint, the President or his/her designee shall use every

      effort to resolve the grievance through informal means, and, in the case of grievances pertaining to a specific athlete or a specific

      sport discipline, the Executive Director shall also confer with the chair of the sport committee for the discipline involved. As part 

      of the informal resolution process, all respondents named in the Grievance Complaint shall be served with a copy.

D   Formal resolution of grievance: If the informal resolution of the Grievance Complaint is unsatisfactory to any party, such party

 may invoke the provisions of USATF Regulation 11 and request that the grievance be resolved by a formal grievance proceeding  

 before a National Athletics Board of Review.

 

 

ARTICLE 15

SANCTION

 

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 athletes representing a foreign country (i.e) competition 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 of an Association determines by clear and convincing                 evidence that holding or sponsoring

an athletics competition (international of 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 of an Association, as appropriate. Approval of sanctions shall not be unreasonably denied. The decision to deny a sanction may be appealed:

1      In the case of a denial by an Association, to USATF, or

2      In case of a denial by USATF, to the NABR.

D     Sanctioning requirements: Sanctions are issued, withheld, or withdrawn in accordance with the requirements and provisions of

USATF Operating Regulation 14.

 

 

ARTICLE 16

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 control of USATF.

1   Signatories: Funds on deposit in banks may be withdrawn only by voucher check upon the signature of the Treasurer and

one of the following: Secretary or President. Other assets or property of this Association may be transferred from one

depository to another by action of the Executive Committee; 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

Executive Committee, indemnifying USATF and this Association against losses resulting from infidelity, defalcation, or mis- appropriation by officers, employees, or agents of funds, property, or assets owned by or inder the control of this Association.

D      Indemnification: This Association may 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 he 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 the 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 Executive Committee by a majority vote of a

quorum consisting of members of the Executive Committee 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 Executive Committee

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

    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 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 ensure to the benefit of the heirs, executors,

and administrators of such person.

E      Liability insurance: This Association shall secure comprehensive liability insurance coverage, including insurance for

athlete/participant injury liability.

F      Audit schedule: The Executive Committee, effective at the beginning of each fiscal year, shall select a Certified Public

Accountant to audit the books and financial records of this Association for the ensuing year. After completing the audit, the auditor shall submit his other report to the Executive Committee, and soon thereafter as reasonably possible, a copy of such audit 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 Executive Committee: The Counsel of this Association shall be appointed by the President with the

approval of the Executive Committee. The Counsel to the Executive Committee shall be responsible for overseeing the legal affairs of this Association and shall be available to advise and consult with the officers, the President and other agents of this Association, render legal advise and assistance, and perform such other duties as the President or Committee may request. The Counsel to the Executive Committee shall have the right to the floor at any meeting of the Association, its Committee, and its committees to comment on legal matters. The files, records, and documents created by the Counsel to eh Committee 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 Committee may authorize the President in consultation with the counsel to the Committee, to retain Special Legal Counsel. Where prior authorization by the Committee is impractical, the President, in consultation with the Counsel to the Committee, 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 for the Committee 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 Committee, all written contracts shall be executed on the behalf of this Association by (iO the President (or another officer designated by the President) and (ii) the Committee, 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 USOC.

 

J      Conflict of interest: Any individual representing this Association, or who a financial arrangement with USATF of this

Association, or who is an e