Procedural Overview

Every member of the United States Racquetball Association is entitled to due process in the matter of filing grievances. The procedures for due process are relatively simple, but it is necessary that every state (and member) be familiar with the correct steps for implementing the process. The USRA Constitution and Bylaws contains the formal text of this procedure, which takes precedence over this online document, which is provided for reference only.

Procedures
1. Notice of specific charges, or alleged violations, must be made in writing to the offender, along with potential consequences if the charges are found to be true. This notice should be delivered by certified mail or personal delivery [see Example 1].
2. The offender (respondent) must be given a reasonable time between receipt of the notice of charges and hearing, within which to prepare a defense [no less that fifteen (15) days, but no more than sixty (60) days].
3. It must be stipulated that the respondent answer the notice in writing, with delivery to the designated chairman no later than ten (10) days prior to the scheduled hearing date.
4. The hearing must be conducted at such a time and place so as to make it practical for the respondent to attend. A state board meeting or conference may be acceptable.
5. The hearing must be held before an impartial body of jurors of no less than three (3) individuals. State board members may be acceptable if they were not witness or party to the original violation.
6. The respondent has the right to be assisted in the presentation of their case at the hearing, including the aid of legal counsel, at the respondent's expense.
7. The respondent has the right to call witnesses and present oral and written evidence and argument.
8. The respondent has the right to confront and cross-examine adverse witnesses.
9. The respondent has the right to have a record made of the hearing, at the respondent's expense.
10. A written decision, with reasons therefore, based solely on the evidence of record and handed down no later than ten (10) days, must be forwarded (by certified mail or personal carrier) to the respondent [see Example 2].
11. A written notice of the proper appeal procedure must be sent to the respondent. The respondent has thirty (30) days in which to appeal the decision.

Points to Remember

• Make a record of all phone calls, mailings or correspondence related to completion of the due process procedure.
• Make certain that the chairperson directs all discussion during meetings.
• Make certain that all mailings are sent by certified mail or personal carrier.
• The chairperson should make a point to call the respondent prior to their receipt of notice, in order to explain the situation.
• Take accurate minutes of hearing and appeal.

Appeal Process

The respondent has the right to appeal the state's decision to the National Rules Committee.

1. If an appeal is filed by either the respondent or complainant within the designated time, all parties must be notified at once (by certified mail or personal carrier) of the exact elements of the appeal.
2. An entirely new hearing will then be administered by the Rules Committee of the USRA.
3. The same rules of evidence apply as for the initial, formal hearing.
4. The Rules Committee may reverse, affirm, or nullify the decision of the state board.
5. All appeals to the National Rules Committee must be accompanied by a $50.00 filing fee payable to the USRA. The fee shall be returned if the state board's decision is overturned, but forfeited if it is upheld.

Emergency Hearings

An emergency is defined as a situation involving an athlete, coach, or member for which an immediate decision must be made (i.e., a complaint made at the site of an event that a particular athlete is ineligible to participate or gross misconduct on the court). Notice may be oral or in writing [if oral, it must be reduced to writing as soon as possible].

Procedure
Event directors must be prepared in advance to have one or more representatives [preferably three: the tournament director, highest state board member present, one other official] to conduct an immediate hearing at the site of competition if necessary. The athlete, coach, or member must have an opportunity to present their appeal to this committee.

Using this committee, an immediate decision can then be made regarding the eligibility of the athlete to compete, even if under protest. The decision of the committee must be reduced to writing within ten (10) days of the hearing and a copy served by mail to the president of the state association and to the respondents.

If any affected party wishes a formal hearing, that request can be made and the matter can then be reviewed by the State Board of Directors.

EXAMPLE 1 -- Sample Notice of Hearing

NOTICE OF HEARING

• TO: USRA Member [full, legal name], [current residence/street address, state, zip]
• SUBJECT: You have been charged with the following acts which are detrimental to the objectives, programs, or ideals of the [State Association, legal operating title] and the racquetball community at large.
  Aggressive behavior during competition at [event title], including:
  • Use of Profanity
  • Striking Opponent with racquet
  • [list all examples]
• PETITIONER: This complaint of request was made by [individual and/or tournament director].
• REPLY: You are hereby requested to file a written reply to these charges with the chairperson of the Review Committee within ten (10) days prior to the scheduled date of the hearing. The hearing will proceed with or without this reply.
• HEARING DATE, TIME AND PLACE: The hearing on these charges will be held:
  • Date
  • Time
  • Place
  • Full Address
• HEARING BODY: The Review Committee in this matter will be comprised of State Board of Directors Chairperson [full name] Athlete Representative [full name] Other designates [full names] Members [full name] [full name]
• PENALTIES UNDER CONSIDERATION: If you are found guilty of the offense charged, the Review Committee has the power to censure, suspend without terms of probation (for a definite or indefinite period of time), or expel you from membership in the [State Association].
• APPEAL: Either the complainant or the respondent may appeal the decision of the Review Committee to the National Rules Committee of the USRA within ten (10) days from the date the written notice of decision is received.
• GENERAL INFORMATION: You are entitled to be represented by legal counsel, or by such other representative as you may choose, to have witnesses testify in your behalf, and to submit any and all evidence in your defense, including hearsay and documentary evidence, provided that it is relevant to the issue(s) under consideration.
• SIGNATOR INCLUDES:
  • Date
  • Signature
  • Chairman, Review Committee [full name, typed below signature]
  • Street Address
  • City, State, Zip
  • Telephone
  • Fax

EXAMPLE 2 -- Sample Written Decision

Dear Mr./Ms. ______________:

As a direct result of your misconduct during competition at the [Event Name] on [Date], the Review Committee of the [State Association] has invoked a one-year suspension from all of its sanctioned events. The suspension period commences on [date] and terminates on [date].

In keeping with USRA guidelines, the Review Committee, on behalf of the [State Association] Board has issued this suspension. You should be aware that a second offense, of any kind, will result in permanent suspension.

If you wish to appeal these findings, you must notify the [State Association ]offices within thirty (30) days of receipt of this letter, at which time the National Rules Committee will be notified of your appeal.

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