USSF Bylaws 702 and 703 set forth procedures for filing two different types of grievances. Bylaw 702 relates to a grievance by an athlete, coach, trainer, etc. regarding their opportunity to participate in any amateur athletic competition or any soccer event of the Pan American Games, the Olympics, or World Championship competitions. Bylaw 703 relates to a grievance by an individual or Organization Member complaining that (a) another USSF Organization Member has failed to comply with its membership requirements, or (b) USSF has failed to comply with its membership requirements in the U.S. Olympic Committee.
Under both types of grievances, USSF may attempt to resolve the dispute without a full hearing. If the parties are amenable, USSF will attempt to set up an informal discussion, or even suggest mediation. These informal efforts, however, will not prejudice a party’s ability to move the grievance process forward or any rights provided within that process.
1) Procedure for Filing a Grievance Under Bylaw 702
(a) Complaint The person filing the grievance should put together a complaint setting forth who their grievance is against, the complete factual circumstances that form the basis of the grievance, and the relief they are seeking. As set forth in Section 5, the grievance must be in writing, signed under oath by the person making the grievance, and must state the full names and addresses of the person, persons, or groups against whom the grievance is made. The complaint should contain enough information so that it is clear that the person making the grievance is prepared to offer testimony by at least one witness with personal knowledge of the facts of their case.
The complaint should be sent to:
The United States Soccer Federation, Inc. Appeals Committee
c/o USSF Secretary General
461 Sandy Creek Rd
Fayetteville, GA 30214
The complaint can be sent by hand delivery or certified mail.
U.S. Soccer prohibits reprisal or retaliation against someone for filing a good faith grievance. U.S. Soccer will not retaliate or discriminate against anyone for exercising any rights under these procedures. Retaliation is a violation of these procedures.
(b) USSF Procedures Once the grievance is received by the USSF, Section 6 calls for the Secretary General to communicate “informally” with the parties, the President of the Federation, and the Chairperson from the Athletes’ Council. Every effort will be made to resolve the dispute, to everyone’s satisfaction, without a full hearing. If a resolution is not possible, a prompt hearing shall be arranged. The parties may also request a mediation, and if the parties agree, the Federation will work with the parties to arrange a mediation prior to any hearing.
(c) Hearing The President will appoint a three-person panel for the hearing. That panel will include three Board Members, including one at least one Athlete (as defined under the Amateur Sports Act) and will be approved by the Board. The hearing will be conducted in accordance with Bylaw 701, which sets forth all the rights that must be provided to a party at a hearing.
Any party to the grievance may raise conflicts of interest issues, and members of the Hearing Panel have a duty to disclose any conflicts of interest.
The time of the hearing will be set by USSF. Once the grievance is received, USSF will send out a notice of hearing to everyone involved – including the accused party. Once the accused has received this notice, the hearing must be held, according to Section 8, between 20 and 60 days later. (This time limit may be shortened in “emergency situations”).
(d) Decision The Hearing Committee will consider the evidence and the record from the hearing, and will issue a decision in writing “promptly.” That determination is final.
(2) Procedure for Filing a Grievance Under Bylaw 703
(a) Complaint The person or organization filing the grievance should put together a complaint setting forth who their grievance is against, the complete factual circumstances that form the basis of the grievance, and the relief they are seeking. As set forth in Section 1, the grievance must be in writing and signed by the person making the grievance. The grievance must also contain: (1) the full names and addresses of the parties; (2) an identification of the membership requirement that is allegedly being violated; (3) a detailed explanation of the factual circumstances that form the basis of the grievance – each factual allegation should be set forth in separate numbered paragraphs; (4) the supporting documents or evidence; and (5) a money order or cashier’s check for the grievance fee, currently set at $300.
The complaint should be sent to:
The United States Soccer Federation, Inc. Appeals Committee
c/o USSF Secretary General
461 Sandy Creek Rd
Fayetteville, GA 30214
The complaint should be sent be certified mail, with a copy served on the other parties by certified mail.
U.S. Soccer prohibits reprisal or retaliation against someone for filing a good faith grievance. U.S. Soccer will not retaliate or discriminate against anyone for exercising any rights under these procedures. Retaliation is a violation of these procedures.
(b) Answer Once the complaint is served on USSF and the opposing party, USSF will send out a scheduling letter, indicating that the grievance was received and giving the accused organization thirty days to file an answer to the complaint. The accused organization must file an answer – even if only to say that it does not have sufficient information to admit or deny certain allegations. A failure to answer, unless there is good cause, is grounds for a default. The parties may request a mediation, and if the parties agree, the Federation will work with the parties to arrange a mediation prior to any hearing.
(c) USSF Procedures Once the complaint and answer have been received, they will be sent to a Hearing Examiner and an Athlete. The Hearing Examiner will be appointed by the President from a Hearing panel consisting of AAA certified arbitrators or persons certified by the Court of Arbitration for Sport (CAS). The Hearing Examiner and Athlete may dismiss the complaint. Each party shall be responsible for one third of the fees and expenses for the Hearing Examiner. The Hearing Examiner and the Athlete may allow an expedited hearing if requested by the parties.
Any party to the grievance may raise conflicts of interest issues, and Hearing Examiners and Athletes have a duty to disclose any conflicts of interest.
(d) Hearing The hearing will be conducted in accordance with Bylaw 701, which sets forth all the rights that must be provided to a party at a hearing.
The time of the hearing will be set by USSF. This hearing will be held no more than 90 days after the complaint has been filed.
(e) Decision The Hearing Examiner and Athlete will issue a decision in writing within 30 days after the hearing.
(f) Appeal The decision of the Hearing Examiner and Athlete may be appealed by either party to the Board of Directors within ten (10) days of receiving the written decision. The determination of the Board is final.