San Diego USATF

BYLAWS

Adopted October 17, 2001

Full compliance certified by Associations Committee June 26, 2003

Latest Amendment September 17, 2008

Amendment History follows Bylaws

I. NAME

The name of this corporation shall be San Diego-Imperial Association of USATF, Inc., hereinafter referred to as "this Association," "this corporation," or "San Diego USATF."

II. DEFINITIONS

As used in these Bylaws and the Operating Regulations:

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, road running, race walking, and any other sport discipline recognized by the IAAF.

C. Athletics competition means a contest, game, meet, match, tournament, or other Athletics event in which eligible athletes compete.

D. Board means the Board of Directors of San Diego USATF.

E. Club means a local or national organization whose programs involve competitive member athletes, events, and/or education in Athletics.

F. 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.

G. NABR means the National Athletics Board of Review, as established in USATF Operating Regulation 11.

H. Past chairman or past officer means the person other than the current holder of the position who served immediately prior to the present holder.

I. Sanction means the document which evidences the authority granted by either USATF or an Association to conduct a competition, and which also evidences that the recipient has complied with the requirements of USATF Bylaw Article 20 and USATF Operating Regulation 14.

J. Sports organization means a non-profit corporation, club, federation, union, association, or other group organized in the United States that sponsors or arranges any Athletics competition.

K. This geographic area means San Diego and Imperial counties in the state of California.

L. USATF means USA Track and Field, the national governing body.

III. 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 this geographic area.

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

1. Development: Developing interest and participation in Athletics in the United States at all levels and developing the highest possible performance level for the United States in international competition;

2. Management: Promoting Athletics and athletes by conducting competitions and other events, and by cooperating with and encouraging other organizations which may do so;

3. Marketing: Generating public awareness, appreciation, and support for Athletics and for USATF, 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 organizations, conflicts in the scheduling of all practices and competitions in Athletics;

3. Communication with active 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 San Diego USATF;

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 USATF 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 the United States 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 international competition; and

9. Administration of Athletics: Performing all other duties necessary for the administration of Athletics in the United States and to achieve this corporation's purposes.

IV. 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 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: San Diego USATF 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 USATF. This provision shall not be construed as preventing San Diego USATF from contracting with third parties for administrative assistance and support in connection with its purposes and authority.

V. 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: Application for membership shall be in accordance with the USATF Bylaws and Operating Regulations.

D. Suspension and expulsion: Any individual or group recognized by San Diego USATF 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 San Diego USATF 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 San Diego USATF, 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-thirds vote.

VI. VOTING MEMBERS

All members who are over the age of eighteen (18) are entitled to participate in voting at meetings of San Diego USATF. No individual may cast more than one vote on any motion or in any election. All voters must be current members of San Diego USATF at the time that they are voting.

VII. MEETINGS

The annual meeting of San Diego USATF shall take place in the City of San Diego, California.. Notice of such meeting shall be given either by (1) individual notice to each registrant at least two weeks prior to the meeting, or (2) notice published in locally-distributed Athletics publications in two successive monthly editions distributed no less than two weeks and six weeks prior to the meeting.

A. Annual meeting: The annual meeting of San Diego USATF shall be held on the third Wednesday of September in the City of San Diego, California, at such time and place as may be fixed by the Board and announced by requisite notice of such meeting.

B. Regular meetings: See Paragraph X.B.2 below.

C. Special meetings: Upon receipt by the Secretary (or, in the absence of the Secretary, the President) of the Association of a petition clearly stating reasons for so doing, a special meeting of the Association or a Sport Committee shall be noticed and held to consider the proposal(s) of the petitioners. Said petition must be signed by at least 15% of the registrants, either of the Association, or, in the case of Sport Committees, of those registrants who have chosen that Committee as their primary interest for voting purposes.

D. Meeting procedures: The following shall govern the conduct of all meetings of San Diego USATF.

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. Web site use: If a web site is to be used to inform members of the meeting, then members must be informed where to find information on the web site through a mailing or newsletter.

c. Prior arrival: The initial meeting notice must be sent by means under which it will arrive at least thirty (30) days prior to the meeting.

d. Changes: Any notice of a meeting change must be at least 14 days prior to the meeting.

(1) Publication of agenda: The proposed agenda shall be included along with the meeting notice. Agendas should also be available at the time of the meeting; additional items added to the agenda shall not include any item where action of the committee is necessary, unless seventy-five percent (75%) of the members of the group then present agree to such action.

(2) Open conduct of business: All meetings of San Diego USATF shall be open to all individual members of the Association except as otherwise provided. There shall be a specified time period in the meeting where any member may give input or make a brief statement.

(3) Closed or executive sessions: No part of any meeting shall be closed unless seventy-five percent (75%) of the members of the group then present agree to close the session.

(4) Record of a 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. All written reports or a summary of such reports shall be distributed with the draft minutes.

E. Quorum: A quorum is the members present. However, if fewer than half the Board is present, no items may be added to the agenda which (1) authorize expenditures of $1000 or more, (2) change the Bylaws, or (3) expel a member.

F. Agenda: Prior to each meeting of San Diego USATF, the Secretary shall consult with the President on the agenda. The Secretary shall prepare an agenda to be presented to the members at the start of the meeting as one of the first orders of business. Such agenda items shall include, but not be limited to:

1. Attendance: Record the attendance.

2. Minutes: Accept the minutes of the previous meeting.

3. Financial report: Accept the Treasurer's report and approve the budget.

4. Reports: Receive reports from the President and Officers and committee chairmen.

5. Amendments: Act on proposed amendments.

6. Elections: Conduct elections as directed by these Bylaws.

7. Site selections: Accept reports on site selection by sport committee.

8. Awards: Select award winners.

9. Other business: Conduct new or old business as scheduled.

10. Good and Welfare

11. Adjournment

G. Rules of Order: Questions of order shall be decided by the chairman in accordance with Robert's Rules of Order (Newly Revised) unless otherwise provided by these Bylaws. Decisions by the chairman may be appealed to the Association parliamentarian. The Secretary shall act as parliamentarian for all meetings of San Diego USATF.

VIII. VOTING

The following guidelines shall apply to all elections for Officers in San Diego USATF.

A. Election notice:

1. Distribution: Notice of the election must be distributed by mail, newsletter, local Association web site, and/or the National Office's web site.

2. Web site use: If a web site is to be used to inform members of the election, then members must be informed where to find information on the web site through a mailing or newsletter.

3. Prior arrival: The initial election notice must be sent by means under which it will arrive at least thirty (30) days prior to the beginning of the elections process.

4. Changes: Any notice of an election change or a change in the election process, not previously publicized, must be distributed at least 14 days prior to the election.

B. Nominating process:

1. Nominating committee: The Board, at the August meeting in even-numbered years, shall act as a nominating committee.

2. Election nominations: Nominations may be made from the floor.

3. Membership and 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.

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. Ballots: On any single issue no individual shall cast more than one ballot.

2. Proxies: There shall be no proxy voting.

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

4. Voting membership deadline: Except for renewals from the previous year, individuals must be members for at least thirty (30) days prior to the date of the election. (For example, if the election is held on September 20, the membership must be paid in full by August 20.)

D. Conduct of voting: San Diego USATF shall use an open meeting ballot where all members of the Association are eligible to attend and vote.

1. Disputes: Voting eligibility disputes must be resolved before the election process is started (i.e. before taking nominations and/or before the report of the nominating committee).

2. Uncontested: Uncontested elections may be voted by acclamation.

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

4. Ballot Count: Any ballot opened outside the presence of the entire voting panel shall not be counted.

E. Counting of ballots:

1. Voting Panel: A panel of at least three (3) individuals, at least one (1) of whom must be an athlete, shall count the ballots and sign the vote tally. All panel members shall be at least 18 years of age. The panel shall not include any individual who is a candidate for an office.

2. Consultation: The panel may consult as necessary with the Association's President, Secretary, and/or parliamentarian (so long as they are not candidates for offices) on procedural matters.

F. Committee chairmen:

1. Age and terms: All committee chairmen, whether elected or appointed, shall be at least 18 years of age and members of the Association. Committee chairmen shall be elected or appointed for one year terms which expire at the Annual Meeting.

2. Election: When requested by two (2) or more member organizations of the Association who compete in a given discipline, the sport committee chairman for that discipline shall be elected. When a committee chairman 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: Delegates to the USATF Annual Meeting shall be appointed at the Annual Meeting.

H. Majority requirement:

1. Officers: All Officers of the Association must be elected by a majority of the ballots cast.

2. Run-off candidates: In the event no candidate receives a majority in the first round of balloting for an office, a run-off election will be held between the two candidates receiving the highest number of votes.

I. Election protests:

1. Operating Regulation 11: Except as indicated below, USATF Operating Regulation 11 shall apply to election disputes. Protests may only be made after the election process is concluded.

2. Panel composition: An NABR panel from a different USATF region shall be appointed to conduct the hearing. All hearings shall be by conference call.

3. Invalidation: The NABR panel shall invalidate an election if it is found that one or more infractions occurred and likely changed the outcome of an election.

4. Further action: The NABR panel may recommend or require changes for future elections in the Association.

J. Employees and elections: Current employees (employed within the past ninety days) shall not participate in any part of the elections process (including nominations or campaigning), but shall be permitted to vote if they are members and otherwise eligible.

IX. OFFICERS

A. Positions: The Officers of San Diego USATF shall be: a President, a Vice President, a Secretary, and a Treasurer. No individual may be an officer of San Diego USATF who is also an officer of another sport governing body at the local or national level.

B. Duties: The Officers shall perform the following duties as well as any other duties prescribed by these Bylaws or Regulations, USATF Bylaws or Operating Regulations, or the Board.

1. President: The President shall:

a. Preside at all meetings of USATF and its Board

b. Be an ex officio non-voting member of all committees

c. Subject to the direction of the Board, shall manage and supervise the affairs of USATF

d. Select committee chairmen and other such members that he or she is entitled to appoint as well as other appointments authorized by these Bylaws after consultation with the other Officers. He or she may likewise terminate such appointments for good cause upon written notice to such appointees and the other Officers.

2. Vice President: The Vice President shall:

a. Perform duties assigned by the President and Board

b. In the temporary absence of the President from a meeting, serve as acting chairman

c. In the case of disability of the President, perform the duties of that office until a successor is named

3. Secretary: The Secretary shall keep or cause to be kept all records of San Diego USATF, and all minutes of meetings of San Diego USATF and its Board, and, in general shall perform all duties normally pertaining to the office of secretary. In addition, the Secretary shall serve as liaison to the administrative division of committees.

4. Treasurer: The Treasurer shall keep or cause to be kept a correct and complete record of account, showing accurately at all times the financial condition of San Diego USATF, and in general perform all duties normally pertaining to the office of treasurer.

C. Election: All Officers are to be elected for two-year terms of office at the Annual Meeting in even-numbered years. A person may not hold two Officer positions simultaneously.

D. Succession and vacancies: There shall be no order of succession to any office. In the event the Board determines that an Officer is temporarily unable to serve, it may, in its sole discretion, name another Officer to fill the vacancy temporarily. In the event an Officer resigns or is permanently unable to serve, the Board shall name a successor until the following annual meeting, subject to the limitation in paragraph C above, at which time a special election shall be held for the unexpired portion of the term.

E. Removal from office: Any Officer of San Diego USATF 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 for such meeting (see Article VII above) shall properly set forth the removal vote on its agenda.

X. BOARD OF DIRECTORS

A. Composition: The voting membership of the Board shall be as follows:

1. The Officers of San Diego USATF (4 persons)

2. The immediate past president (1 person)

3. The chairmen of the following sport committees (8 persons)

a. Men's Track & Field

b. Women's Track & Field

c. Masters Track & Field

d. Men's Long-Distance Running

e. Women's Long-Distance Running

f. Masters Long-Distance Running

g. Youth

h. Race Walking

4. The chairmen of the following sport committees (3 persons)

a. Athletes Advisory

b. Athletics for the Disabled

c. Records

d. Rules and Law & Legislation

5. The chairman of the Officials Committee (1 person)

6. A coach elected by and from the Coaching Advisory Committee (1 person)

7. At least that number of eligible athletes which shall constitute twenty percent (20%) of the Board, all of whom must be at least 18 years of age, and at least one of whom must have participated in international competition for the USA within the last ten (10) years, where available

B. General provisions

1. Fiduciary responsibility: The Board shall manage and supervise the affairs of the Association and perform those duties specified in these Bylaws.

2. Meetings of the Board: The Board shall conduct its affairs at meetings on the third Wednesday of each month. Additional meetings may be called by the President or upon the written request of fifty percent of the members of the Board, and if by the latter group, only after a minimum prior notice of five (5) days to the President of such intent by facsimile or eMail. At least seven (7) days notice of any in-person meeting and at least forty-eight (48) hours notice of any conference call shall be given to all members of the Board. After the members of the Board have called for a meeting, the President shall have twenty-four (24) hours to determine the venue and make appropriate notice to the remainder of the Board. For any meeting, notice may be waived by unanimous consent. Written notice shall include the minutes of the previous meeting.

C. Election or selection of members: All members of the Board are elected by their constituencies and shall serve at the discretion of those constituencies, unless otherwise stated in these Bylaws.

D. Terms: The term for Board members which is not otherwise set by their terms of office shall be one year and shall commence at the conclusion of the Annual Meeting.

E. Quorum: A quorum for meetings of the Board shall consist of a majority of the members of the Board.

F. Voting: Except as otherwise provided herein, all matters shall be decided by majority vote of those present and voting. There shall be no voting by proxy.

G. Board committees: The Board may have committees including, but not limited to, budget, audits, compensation, insurance, and grants. Each Board committee will have no more than five (5) members, at least one (1) of whom must be a Board member. The President shall appoint the members with the approval of the Board.

H. Expulsion: Failure to participate in two (2) consecutive meetings may, by a 2/3 vote of the Board members attending, cause reprimand or expulsion of the member or representative.

XI. COMMITTEES — General Provisions

A. Committees: The following committees of San Diego USATF are established with such duties, responsibilities, and make-up as outlined here and in the following Article for each type of committee:

1. Men's Track & Field

2. Women's Track & Field

3. Masters Track & Field

4. Men's Long-Distance Running

5. Women's Long-Distance Running

6. Masters Long-Distance Running

7. Youth

8. Race Walking

9. Athletics for the Disabled

10. Athletes Advisory

11. Coaching Advisory

12. Officials

13. Records

14. Rules and Law & Legislation

B. General provisions: The following provisions apply to all of USATF's committees.

1. Term of members: Unless otherwise provided for, the term for members of all committees shall be one year and shall commence at the conclusion of the Annual Meeting.

2. Committee makeup: The makeup of each non-sport committee shall be stated in the description for the committee. Sport committees shall be constituted as follows.

a. Association group members: One (1) member to be named by each Association member club or organization active in the discipline of the committee

b. Sports organization members: One (1) member who is a resident of San Diego USATF to be named by each sports organization listed in Exhibit B (Article XX below) that conduct substantial programs or competitions in the sports discipline of the particular committee

c. Athletics for the Disabled members: One (1) member to represent the collective disabled members of San Diego USATF

d. Officials Committee member: One (1) member to be named by and from the Association Officials Committee

e. At-large members: Three (3) at-large members to be selected by the members of the committee

f. Elected officers and other positions: Any person elected by the committee to serve in an officer position, such number not to exceed four (4) additional members

g. Active athlete members: At least that number of active athletes which shall constitute twenty percent (20%) of the total authorized membership of the committee, such active athletes to be selected by the active athletes engaged in the particular sport discipline of the committee. For Youth Athletics, the athletes advisory committee shall appoint four (4) active athletes.

3. Committee membership and notification:

a. Notification & vacancies: Any election, selection, or appointment to a committee shall be effective only after the Association Secretary or committee chairman is formally notified by the organization or other party entitled to make same. Vacancies in a committee shall be filled by the committee, individual, organization, or group entitled to appoint the vacant committee membership position. The Athletes Advisory Committee chairman may appoint an active athlete from the applicable discipline to fill an athlete vacancy and/or serve as a voting alternate on any committee except Masters Track & Field and Masters Long Distance Running. In the latter two committees, where a vacancy occurs and no alternate is available, the vacancy may be filled by the consent of the athlete representatives present.

b. Elections: The provisions of Article VIII above shall apply to the elections process of committees.

c. Alternates: The individual or group electing or selecting members of any committee or subcommittee (other than committee members elected by San Diego USATF or its Board) may designate an alternate. Appointment of alternates shall be reported to the Association Secretary or committee chairman in a timely manner.

d. Membership: All elected and appointed members of all committees shall be members of San Diego USATF.

e. Termination: Organizations or groups which appoint committee members per this section may terminate such appointments for good cause upon written notice to such appointees.

f. Same Organization: No more than two (2) at-large members of any committees, other than the chairman, appointed by the President may come from the same organization.

g. Listings: Under every committee member's name in the USATF Directory shall be listed (a) their Association or (b) the governing organization they represent.

(1) Committee meetings: Each committee shall hold at least an annual meeting, which may be in conjunction with the Annual Meeting of San Diego USATF. Committees shall hold such special meetings as may be called by the chairman, at his or her own initiative, or that of twenty percent (20%) of the membership of the committee, upon twenty (20) days written notice. In the latter case and in the absence of the willingness of the chairman to call a meeting, the notice of a special meeting shall be distributed to all committee members at the direction of the Association Secretary upon verification that the requirement of twenty percent (20%) has been met. The notice of a special meeting shall be in writing, setting forth the date, time, place, and purpose of the meeting, and shall be mailed to the last known address of each committee member.

(2) Quorum: A quorum for any committee meeting shall consist of twenty-five percent (25%) of its members.

(3) Athlete representation: Except for the Youth Athletics Committee and its subcommittees, all Association committees, subcommittees, or other appointed or elected bodies of San Diego USATF shall consist of at least twenty percent (20%) active athletes. At least twenty-five percent (25%) of the active athletes shall have competed for the United States in international competition within the last ten (10) years, if such athletes are available.

(4) Committee responsibility: Any committee project or grant which requires applicants to file a written request form must also require a certification that the Association President and sport chairman (if appropriate) have been notified of the application. Any USATF national committee awarding funding for projects or events to be held in San Diego USATF must notify the Association President in writing of the date and scope of the activity to be held in the Association.

C. Committee chairmen: The chairman of each applicable committee shall be elected in accordance with San Diego USATF's voting procedures (see Article VIII above) for a one-year term. Unless otherwise specified, the chairmen of all committees shall be appointed by the Association President. Non-sport committees which elect their chairmen may also elect an executive committee to act on behalf of the committee between committee meetings.

1. Duties of chairmen: chairmen of all committees shall:

a. Preside at all meetings of the committee

b. Ensure that all duties and responsibilities of the committee are properly and promptly carried out

c. Appoint subcommittees with the authorization of the committee, as may be necessary to fulfill the duties and responsibilities of the committee. Subcommittees of administrative and developmental committees shall be appointed only from the membership of those committees, except that non-members (not exceeding 50% of the subcommittee) may be appointed with the authorization of the committee.

d. Communicate with the committee members to keep them fully informed of events concerning the committee and decisions made to carry out the committee's responsibilities

e. Keep the President informed on all committee actions and recommendations

f. Cause to be kept and promptly forwarded to all committee members and the Association Secretary copies of the minutes of all meetings of the committee

2. Vacancies: When an elected committee chairman is vacant, the position shall be filled by a vote of the committee as a whole by mail ballot unless the committee has previously adopted a different procedure. A panel named by the Association President shall supervise the elections in a manner approved by the Board.

3. Removal of elected chairmen: Chairmen may be removed for good cause by a two-thirds vote of the committee at an annual meeting or at a special meeting called for that purpose, provided that the members of the committee shall receive notice of the proposed action at least twenty (20) days prior to the meeting.

D. Sport committees general provisions: Each sport committee shall:

1. Executive committee: Have the right to establish an executive committee to perform its duties between annual meetings. The membership of the executive committee shall be at the discretion of the committee of the whole. Except for Youth Athletics, the number of active athletes shall be at least twenty percent (20%) of the committee. If such executive committee is established by either the Men's or Women's Track & Field Committees, at least one-third of its membership shall consist of individuals whose vocation includes the administration or coaching of school/college community track & field.

2. Open meeting: Except upon majority vote of those present, allow the attendance at its meetings of Athletics coaches, officials, or representatives of any group engaged in the sport, allowing such invitees voice but no vote

3. Miscellaneous: Promote and develop activities related to its sport

4. Operating procedures: Have a set of written operating procedures on file with the Association Secretary. These procedures shall not conflict with the provisions of the USATF Bylaws and Operating Regulations or these Bylaws. Any modification of the committee's operating procedures shall be promptly reported to the Secretary. Any member of San Diego USATF may request a copy from the Secretary and copies shall be available at the Annual Meeting.

E. Task forces: The President may appoint task forces. No such entity shall continue beyond the term of the President without specific reappointment. The authorized task forces will be reported in the minutes of the next meeting.

XII. COMMITTEES

A. Men's Track & Field Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Men's Track & Field committee shall:

a. Championships: Have jurisdiction over the Association Championships in Men's Track & Field, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Men's Track & Field; and

c. Records: Approve records for the events within Men's Track & Field.

2. Committee definition:

a. Age categories:

(1) Senior athletes are of any age 14 years and over; and

(2) 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.

b. Jurisdiction: Indoor and outdoor track & field activity for junior and senior men, not including track races of greater than 10,000 meters

3. Makeup: The Men's Track & Field committee shall be constituted as stated in Section XI.B.2 above.

B. Women's Track & Field Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Women's Track & Field committee shall:

a. Championships: Have jurisdiction over the Association Championships in Women's Track & Field, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Women's Track & Field; and

c. Records: Approve records for the events within Women's Track & Field.

2. Committee definition:

a. Age categories:

(1) Senior athletes are of any age 14 years and over; and

(2) 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.

b. Jurisdiction: Indoor and outdoor track & field activity for junior and senior women, not including track races of greater than 10,000 meters

3. Makeup: The Women's Track & Field committee shall be constituted as stated in Section XI.B.2 above.

C. Race Walking Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Race Walking committee shall:

a. Championships: Have jurisdiction over the Association Championships in Race Walking, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Race Walking; and

c. Records: Approve records for the events within Race Walking.

2. Committee definition:

a. Age categories:

(1) Senior athletes are of any age 14 years and over; and

(2) 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.

b. Jurisdiction: All race walking activity for junior and senior men and women

3. Makeup: The Race Walking committee shall be constituted as stated in Section XI.B.2 above.

D. Men's Long Distance Running Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Men's Long Distance Running committee shall:

a. Championships: Have jurisdiction over the Association Championships in Men's Long Distance Running, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Men's Long Distance Running; and

c. Records: Approve records for the events within Men's Long Distance Running.

2. Committee definition:

a. Age categories:

(1) Senior athletes are of any age 14 years and over; and

(2) 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.

b. Jurisdiction: Off-track running at all distances, track running at distances over 10,000 meters, and cross country running for junior and senior men

3. Makeup: The Men's Long Distance Running committee shall be constituted as stated in Section XI.B.2 above.

E. Women's Long Distance Running Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Women's Long Distance Running committee shall:

a. Championships: Have jurisdiction over the Association Championships in Women's Long Distance Running, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Women's Long Distance Running; and

c. Records: Approve records for the events within Women's Long Distance Running.

2. Committee definition:

a. Age categories:

(1) Senior athletes are of any age 14 years and over; and

(2) 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.

b. Jurisdiction: Off-track running at all distances, track running at distances over 10,000 meters, and cross country running for junior and senior women

3. Makeup: The Women's Long Distance Running committee shall be constituted as stated in Section XI.B.2 above.

F. Masters Long Distance Running Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Masters Long Distance Running committee shall:

a. Championships: Have jurisdiction over the Association Championships in Masters Long Distance Running, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Masters Long Distance Running; and

c. Records: Approve records for the events within Masters Long Distance Running.

2. Committee definition:

a. Age category:

(1) Masters athletes shall be at least age 40 on the day of competition.

b. Jurisdiction: Off-track running at all distances, track running at distances over 10,000 meters, and cross country running for masters men and women

3. Makeup: The Masters Long Distance Running committee shall be constituted as stated in Section XI.B.2 above.

G. Masters Track & Field Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Masters Track & Field committee shall:

a. Championships: Have jurisdiction over the Association Championships in Masters Track & Field, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Masters Track & Field; and

c. Records: Approve records for the events within Masters Track & Field.

2. Committee definition:

a. Age category:

(1) Masters athletes shall be at least age 40 on the day of competition.

b. Jurisdiction: All track, field, and race walking activity for masters men and women, except track running races of greater than 10,000 meters

3. Makeup: The Men's Track & Field committee shall be constituted as stated in Section XI.B.2 above.

H. Youth Athletics Committee:

1. Duties and responsibilities: In addition to the provisions of Article XI above the Youth Athletics committee shall:

a. Championships: Have jurisdiction over the Association Championships in Youth Athletics, and shall institute, locate or award, conduct, and manage all such championships in accordance with the provisions of USATF Operating Regulation 4;

b. Calendar: Coordinate the local and domestic competition calendar in Youth Athletics; and

c. Records: Approve records for the events within Youth Athletics.

2. Committee definition:

a. Age category:

(1) Youth athletes shall not be 19 before the final day of the National Junior Olympics Track & Field competition and are divided into specified age categories.

b. Jurisdiction: All youth activity not conducted as junior competition for youth boys and girls, including track & field, road running, cross country running, and race walking

3. Makeup: The Youth Athletics committee shall be constituted as stated in Section XI.B.2 above.

I. Associations Liaison:

1. Duties and responsibilities: The Associations Liaison shall:

a. Communication: Communicate with other Associations of USATF;

b. Examples: Collect and provide samples of model Association bylaws, policies, and operations manuals;

c. Clearinghouse: Assemble and disseminate information to the National Office on registration and membership, events, schedules, services to athletes, and Association statistics;

d. Association standards: Assist the Association in understanding accreditation in implementation and formulating plans for improvement; and

e. Resource: Both advise and serve as a resource for the Association, its officers, and its boards, either individually or collectively, with respect to current fund-raising and marketing & media practices and policies which might be applicable to its particular needs and situations.

2. Appointment: The Associations liaison shall be appointed by the President with the approval of the Board.

J. Athletes Advisory Committee:

1. Duties and responsibilities: The Athletes Advisory 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. Athlete representatives: Appoint, elect, or oversee the election or appointment of athletes' representatives to committees or subcommittees when empowered to do so by these Bylaws;

c. Participation 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 San Diego USATF;

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;

g. 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; and

i. Operating rules: Adopt operating rules to assist the committee in carrying out its duties and responsibilities;

2. Makeup: The Athletes Advisory committee shall consist of active athletes in each of the following categories where available:

a. Sprints;

b. Hurdles;

c. Combined events (Heptathlon for women, Decathlon for men);

d. Distances of 800 meters through 1500 meters;

e. Distances of over 1500 meters to 10,000 meters;

f. Road racing and cross country;

g. Throws;

h. Horizontal and vertical jumps;

i. Race walking; and

j. At-large (active or inactive) athletes.

K. Athletics for the Disabled Committee:

1. Duties and responsibilities: The Athletics for the Disabled committee shall:

a. Liaison: Serve as liaison between San Diego USATF 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 San Diego USATF, and promote participation by athletes with disabilities in San Diego USATF-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.

2. Makeup: The committee shall consist of a chairman and two (2) members selected by each sports organization for the disabled. One (1) 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.

L. Coaches Advisory Committee:

1. Duties and responsibilities: The Coaches Advisory 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 San Diego USATF 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.

2. Makeup: The committee shall consist of a minimum of one (1) coach from each organization active in San Diego USATF from among the USTCA, USWTCA, NCAA I, NCAA II, NCAA III, NAIA, 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 chairman. The members shall elect their chairman at the annual meeting.

M. Coaching Education Committee:

1. Duties and responsibilities: The Coaches Advisory committee shall foster the growth of coaches education in San Diego and Imperial Counties, using such resources as the national committee can provide. It shall participate in the staging of any coaching education school held in San Diego and Imperial Counties.

2. Makeup: The committee shall consist of a chairman appointed by the President with the approval of the Board, plus additional members, appointed by the appropriate Sport Committees and approved by the Board, who are actively engaged in coaching track & field in each of the following specialties:

a. Sprints;

b. Hurdles;

c. Combined events (Heptathlon for women, Decathlon for men);

d. Distances of 800 meters through 1500 meters;

e. Distances of over 1500 meters to 10,000 meters;

f. Road racing and cross country;

g. Throws;

h. Horizontal and vertical jumps; and

i. Race walking.

N. Development:

1. Duties and responsibilities: The Development 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: Five (5) voting members who, unless hereinafter specified to the contrary, shall be appointed, one each, by the chairmen of the Men's and Women's Track & Field Committees, Men's and Women's Long Distance Running Committees, and the Race Walking Committee with the approval of the President. The chairmen of the aforementioned sports committees in consultation with the President, shall have the authority to appoint additional non-voting members necessary to carry out the responsibilities of the committee.

O. Law & Legislation & Rules:

1. Duties and responsibilities: The Law & Legislation & Rules committee shall:

a. Deliberations: Consider and present in proper form for action all amendments to the San Diego USATF Bylaws and may make recommendations thereon;

b. Custodial service: Be the custodian of the San Diego USATF Bylaws;

c. Interpretation: Interpret the Rules of Competition; and

d. Amendments by members: Have the authority to propose amendments to the USATF Bylaws, Operating Regulations, and Rules of Competition on behalf of San Diego USATF with the signature of the President.

2. Makeup: The Law & Legislation & Rules committee shall consist of at least three (3) and no more than seven (7) members of San Diego USATF, at least 20% of which must be active athletes, as named by the President.

P. Member Services Liaison:

1. Duties and responsibilities: The Member Services liaison shall assist the San Diego USATF membership chairman in determining the qualifications of member groups, and shall coordinate all elections for both the Officers, Board, and committee chairman positions.

2. Makeup: The Member Services liaison shall be appointed by the President with the approval of the Board.

Q. Officials Committee:

1. Duties and responsibilities: The Athletics Officials Committee shall:

a. Administration: Select a committee responsible for training, certifying, and generally supervising officials within San Diego USATF, 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 San Diego USATF;

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:

(1) Designating pre-certified officials;

(2) Certifying Association-level Officials; and

(3) Recommending to the national committee candidates for national- and master-level official certification.

2. Makeup: The Officials Committee shall consist of a chairman appointed by the President with the approval of the Board and one (1) member each appointed by the Sport Committees.

R. Sports Medicine & Science Committee:

1. Duties and responsibilities:

a. Advise athletes, coaches, and the Athletics community on the prevention and care of Athletics injuries;

b. Provide information and advice to athletes, coaches, and USATF concerning proper use of pharmaceuticals and the prevention and care of injuries, illnesses, and environmental stresses;

c. Distribute educational materials developed by the national committee and conduct educational programs concerning drug abuse in sports;

2. Makeup: The Sports Medicine & Science Committee shall consist of a chairman appointed by the President with the approval of the Board and one (1) member each appointed by the Sport Committees.

XIII. DISCIPLINARY AUTHORITY

San Diego USATF shall have the authority to discipline any member, delegate, athlete, coach, manager, official, trainer, member of any committee, and any other person or entity participating in Athletics who, by neglect or by conduct,

A. acts in a manner detrimental to the purposes of USATF or Athletics, or

B. has violated any of the Bylaws, Operating Regulations, or Rules of Competition of USATF, or

C. has violated the rules of eligibility.

NOTE: Disciplinary and reinstatement procedures: The disciplinary and reinstatement procedures of USATF and its member Associations are set forth in USATF Operating Regulations 11 and 12.

XIV. REDRESS OF GRIEVANCES

A grievance may be any matter within the cognizance of USATF San Diego/Imperial Association as described as follows:

A. Jurisdiction: This Association shall have jurisdiction over all disciplinary and formal grievance proceedings relating to matters that arise within the boundaries of the Association, except sexual misconduct allegations and doping violations which shall be under the jurisdiction of USATF. All penalties imposed by an Association shall be effective only within the jurisdiction of that Association.

B. Association Arbitration Panel: The following shall apply to the appointment and conduct of the Association Arbitration Panel (AAP):

1. Members: The Association Arbitration Panel shall consist of three (3) members - a chair, an at-large member, and an athlete member. There shall also be a first alternate, second alternate, and additional alternates who may be appointed from time to time when any of the three members of the AAP are not available. Members of the AAP shall not be members of the Association Board or Executive Committee.

2. Appointments: Appointments shall be made by the President with the approval of the Association Board. The appointments shall be duly reflected in the minutes of a properly convened Board meeting.

3. Terms: Terms shall commence on January 1 of each even-numbered year.

4. Removal: Members and alternates may be removed for good cause by majority vote of the Association’s Board. Good cause may include, but is not limited to, the following:

a. Dilatory practices: An AAP member who causes or permits delays in the hearing process; and/or

b. Failure to follow procedures: An AAP member who disregards or fails to apply the hearing procedures or other provisions set forth in the Association Bylaws, Association Regulations, USATF Rules, USATF Bylaws, and/or USATF Regulations.

C. Grievances: A grievance may involve any matter, other than sexual misconduct and doping offenses, within the cognizance of USATF that occurs in the jurisdiction of this Association:

1. Grievance Complaints: A Grievance Complaint shall state the following:

a. Detrimental conduct: Conduct detrimental to the best interests of Athletics, USATF, USATF San Diego/Imperial Association has taken place; or

b. USATF violations: A violation of any of USATF’s Bylaws or Operating Regulations and/or a violation of any of USATF San Diego/Imperial Association Bylaws or Operating Regulations has occurred.

2. Parties: Grievance Complaints may be filed only by and against individuals or entities which were, at the time that the conduct complained of occurred, and at the time the Complaint is filed, members, directors, or officers of USATF or otherwise subject to the jurisdiction of USATF San Diego/Imperial Association. A non-member, former director, or former officer of USATF San Diego/Imperial Association shall be subject to the jurisdiction of USATF San Diego/Imperial Association for the purpose of defending against a Grievance Complaint for an incident that occurred while he or she was a member, a director, or officer of USATF San Diego/Imperial Association or otherwise subject to the jurisdiction of USATF San Diego/Imperial Association. A Grievance Complaint may only be filed by a person or entity affected by the issues raised in the complaint; and

3. Time limit: Grievance Complaints must be filed within one (1) year from the time the complaining party knew or should have known of the act giving rise to the Complaint.

D. Disciplinary matters: USATF San Diego/Imperial Association shall have the authority to discipline any member who, by neglect or by conduct, acts in a manner subject to discipline pursuant to Regulation below.

1. Activities subject to discipline: USATF San Diego/Imperial Association may discipline any member who, by neglect or by conduct:

a. Detrimental conduct: Acts in a manner detrimental to the purposes of USATF, USATF San Diego/Imperial Association, or Athletics;

b. USATF, IAAF, and Sports Act violations: Violates any of the Bylaws, Operating Regulations, or Competition Rules of USATF or the IAAF, or violates the Sports Act;

c. Eligibility violations: Violates the rules of eligibility for Athletics;

2. Time limit: Disciplinary proceedings must be requested within one (1) year from the time the complaining party knew or should have known of the issue giving rise to the request for a disciplinary hearing.

E. Rights of the persons or entities: In all matters subject to this Regulation, all parties shall be provided with fair notice and an opportunity for a hearing prior to the adjudication or imposition of any penalty by the Association or AAP. All parties:

1. Representation: May be represented in any disciplinary, grievance, or Association proceeding by a person(s) who may (but need not) be an attorney;

2. Right to appeal: May appeal any adverse decision in accordance with this Regulation;

3. Attendance at hearing: May be present at any hearing; and

4. Presenting and challenging evidence: Shall have the right to present evidence and witness testimony and to cross-examine witnesses testifying against him, her or it.

F. Initiation of proceedings: Formal grievances shall be initiated as follows:

1. Grievance complaint filing procedures:

a. Filing location: Complaints shall be filed with the Association President and Secretary. The Secretary shall forward a copy of the Complaint to the each party charged in the Complaint;

b. Language: All documents filed and exchanged with respect to this Regulation shall be in English; provided, however, that an original document that is in a foreign language must be submitted along with an English translation. The party submitting the document shall bear the cost of obtaining its translation which shall be conducted by a reputable translator or translation service. In the event of a challenge to the accuracy of a translated document, the panel chairperson may direct USATF to order a translation of the document(s) in question and may allocate the cost of the translation to any party or all parties, as the panel deems appropriate;

c. Basis for the Complaint: The Complaint shall allege clearly the nature of the dispute and, where appropriate, state the specific violation of the Bylaws, Operating Procedures, Competition Rules, or Policies of USATF, USATF San Diego/Imperial Association, or the IAAF;

d. Facts of allegation: Factual allegations shall be separately stated in concise language with one allegation set forth in each numbered paragraph of the Complaint;

e. Signature: The Complaint shall be signed by the person filing the Complaint,

f. Filing fees: A filing fee of One Hundred U.S. Dollars (US$100) must accompany an organization’s complaint and a filing fee of Seventy-five U.S. Dollars (US$75) must be paid by individuals filing a Complaint. The filing fee must be in the form of a certified check or money order made payable to the Association;

2. Failure to comply with Complaint procedures: Complaints that fail to comply with the procedures outlined in this Regulation shall be returned to the filer with instructions explaining the deficiency. A returned Complaint may be re-filed within thirty (30) days of the initial filing. After thirty (30) days, the Complaint will be deemed abandoned;

3. Informal resolution of grievances: Upon receipt of a Grievance Complaint, the President or his/her designee shall make every effort to resolve the dispute through informal means. In disputes pertaining to a specific sport discipline, the President or his/her shall also confer with the chairperson of the sport committee for the discipline involved. All discussions related to the informal resolution of a complaint shall be confidential;

4. Formal resolution: If the informal resolution of the complaint is unsatisfactory to any party, or if a party declines to pursue informal resolution, the party may request that the complaint be resolved by a formal hearing before an AAP panel;

5. Hearing panel: When one party has indicated that the matter cannot be resolved informally, the President or his/her designee shall coordinate the selection of a three-person arbitration panel as detailed in Paragraph B of this regulation.

G. Notice of proceedings: Within thirty (30) days of the commencement of a formal grievance all interested parties and the hearing panel shall be sent the following by the Association Secretary:

1. Documents: A copy of the complaint or other documents giving rise to the proceeding, with any attachments;

2. AAP Members and Contact: The names of the hearing panel members and the address and telephone number of the panel’s chairperson;

3. Association Bylaws: A copy of the text of this Regulation of the USATF San Diego/Imperial Association Bylaws and any other relevant USATF Rule or Regulation; and

4. Other relevant documents: A copy of any specifically identified document(s) related to the dispute.

H. Answer: The person(s) or entity(ies) named in a Complaint (respondent(s)) must submit a written answer to the Association Secretary within thirty (30) days after receipt of the letter notifying respondents that a proceeding has been filed (“Notice of Proceeding”). A copy of the Answer shall be forwarded by the Secretary to the complainant (the party filing the Complaint) and the AAP panel. The failure of respondent(s) to answer within thirty (30) days after the receipt of the Notice of Proceedings will be deemed a waiver by respondent of the opportunity to have a hearing or have an appeal of any adverse decision. Upon such failure, and after confirmation of the receipt of the Notice of Proceeding by all parties, the hearing panel may proceed in the absence of the respondent and may decide the matter with or without a hearing and with or without taking testimony and evidence, as it deems appropriate. If a party raises a hearing panel challenge under Article XIV.I below, the panel chair may extend the time to answer.

I. Challenge to arbitrator(s): Within fourteen (14) days following the receipt of the Notice of Proceedings any party to the hearing may challenge the seating of any AAP panel member, on the ground that the panel member may not be impartial. The panel chairperson may extend the time to answer if a panel member is challenged. Failure to bring a timely challenge against the seating of an AAP arbitrator constitutes a waiver of such challenge.

J. Hearing procedures: The following procedures apply to formal grievance, and other hearings:

1. Pre-hearing conference call: Within five (5) business days of the expiration of the arbitrator challenge the AAP panel chairperson shall conduct a pre-hearing conference by telephone conference call with all parties to discuss scheduling and procedural matters.

2. Date of Hearing: Best efforts should be used to set a convenient time and date for all participants. The AAP hearing panel shall schedule the hearing to take place within thirty (30) days of the initial pre-hearing conference. The hearing date may be delayed beyond the thirty (30) day period only upon a showing to the AAP panel that a substantial injustice would otherwise occur.

3. Location for hearing: Hearings shall be held in-person, unless good cause is shown to the AAP chairperson that holding the hearing by telephone conference call is in the best interest of the sport of Athletics.

a. Reason for request for telephone conference call hearing: If a party requests that the hearing be held by telephone conference call, such request shall be accompanied by a statement identifying the material reasons which the hearing panel should resolve in this venue.

b. Deadline for request: The telephone conference call hearing request must be submitted to the AAP chairperson within ten (10) business days of the receipt of the Notice of Proceedings. Failure to submit a telephone conference call hearing request during the above-described timeframe constitutes a waiver of the right to request a telephone conference call hearing.

4. Delays: If an interested party causes an unnecessary delay, the AAP panel may dismiss the proceeding or, at its discretion, rule against the party causing the delay. If the delay is the result of AAP panel inaction, the President or his/her designee may dismiss the panel and replace it with a new panel. If a party to the proceeding fails to appear at the hearing, then the AAP panel may make a ruling based on available information and the testimony of those present at the hearing;

5. Evidentiary rules: The rules of evidence generally accepted in administrative proceedings shall be applicable to the hearing; the formal rules of evidence shall not apply;

6. Burden of proof: The burden of proof is upon the complainant to prove by a preponderance of the evidence that conduct described in Article XIV.C.1 or XIV.D.1 above has occurred;

7. Hearing record: An official transcript or recording is highly recommended for hearings conducted by an Association. Any party to the proceedings may retain a court reporter or other competent individual to provide a transcript or recording of the hearing at that party’s own expense. If made, such transcripts or recordings shall become the official record of the proceedings and a copy shall be provided to all parties at their own expense; and

8. Closed hearing: Hearings shall be closed to the public. Witnesses shall attend hearings only as necessary to provide testimony.

K. AAP decisions and opinions: The following shall pertain to AAP final decisions and opinions rendered in hearings and appellate proceedings:

1. Scope of decision: All AAP panel decisions shall be consistent with USATF, USATF San Diego/Imperial Association, and IAAF Rules and Regulations, and the Sports Act. If the implementation of any AAP panel decision and opinion would have a significant budgetary impact on USATF San Diego/Imperial Association, the Budget Committee chair and/or the USATF San Diego/Imperial Association Treasurer shall review it and report their findings to the Board within thirty (30) days of the issuance of the opinion. In such instances, the decision and opinion shall not become final and binding unless and until approved by the Board. The Board shall determine to what extent any AAP decision and opinion having a significant budgetary impact on USATF San Diego/Imperial Association may be implemented, in light of fiscal considerations, and may remand the matter back to the AAP panel for modification based upon budgetary directives from the Board;

2. Form of decision and opinion: The AAP decision shall state in one or two brief sentences which party the AAP arbitrators have ruled in favor of. The opinion of the AAP panel shall set forth the following:

a. Issue: The question(s) the AAP panel was asked to decide;

b. Arguments: A brief summary of the arguments made by each party;

c. Findings of fact: The findings of fact upon which the panel based its decision;

d. Citations: A citation to the applicable IAAF, USATF, USATF San Diego/Imperial Association, Sports Act, or other applicable rule, bylaw or minutes, reports, guidelines, or other documents upon which the AAP panel decision is based, if any; and

e. Stay provision: Whether the effect of the decision shall be stayed in the event of an appeal, if appropriate;

3. Time frame: An AAP panel shall issue a decision with respect to the disciplinary, formal grievance, or other proceedings within fifteen (15) days after the conclusion of the hearing. The panel shall render a written opinion no later than thirty (30) days after the conclusion of the hearing, or after the submission of any post hearing documentation to the panel.

4. Effect of decision: All AAP panel decisions shall be effective upon the date rendered, unless otherwise stated in the decision.

L. Appeals: The decision of the arbitrators may be appealed pursuant to USATF Regulation 11-P.

XV. SANCTIONS

The general sanction provisions of USATF which affect San Diego USATF appear in this Article. Additional regulations appear in USATF Operating Regulation 14.

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 more athletes representing a foreign country (i.e., competitions 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 or an Association determines by clear and convincing evidence that holding or sponsoring an athletics competition (international or 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 or 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 the case of a denial by USATF, to the NABR.

D. Sanction requirements: Sanctions are issued, withheld, or withdrawn in accordance with the requirements and provisions of USATF Operating Regulation 14.

XVI. FISCAL AND LEGAL MATTERS

A. Fiscal year: The fiscal year of San Diego USATF is January 1 through December 31.

B. Depositories: The Board shall, from time to time as necessary, designate depositories for funds, property, and assets belonging to or under the control of San Diego USATF.

1. Signatories: Funds on deposit in banks may be withdrawn only by voucher check upon the signatures of the Treasurer or President. Other assets or property of San Diego USATF may be transferred from one depository to another by action of the Board; and

2. Imprest accounts: The Board 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 San Diego USATF in a form and amount approved by the Board, indemnifying USATF and San Diego USATF against losses resulting from infidelity, defalcation, or misappropriation by officers, employees, or agents of funds, property, or assets owned by or under the control of San Diego USATF.

D. Indemnification: San Diego USATF shall 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 San Diego USATF against expenses, including attorney’s fees, judgments, 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 San Diego USATF, and, with respect to any criminal action or proceedings, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, 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 San Diego USATF.

1. Standards of conduct: Any indemnification under this article shall be made by San Diego USATF 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 Board by a majority vote of a quorum consisting of members of the Board 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 Board pursuant to opinion of independent legal counsel or (2) by the members of San Diego USATF at the next meeting.

2. Expenses: Expenses, including attorney’s fees, incurred in defending a civil action, suit, or proceeding may be paid by San Diego USATF 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 San Diego USATF; and

3. 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 the 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 inure to the benefit of the heirs, executors, and administrators of such a person.

E. Liability insurance: San Diego USATF may secure comprehensive liability insurance coverage, including insurance for athlete/participant injury liability.

F. Audit schedule: The Board, effective at the beginning of each fiscal year, may select a Certified Public Accountant to audit the books and financial records of San Diego USATF for the ensuing year. After completing any such audit, the auditor shall submit his or her report to the Board, and as soon thereafter as reasonably possible, a copy of such audit report shall be available for each member of San Diego USATF and sent to the USATF National Office before the next annual meeting.

G. Legal counsel:

1. Counsel to the Board: A Counsel to San Diego USATF may be appointed by the President with the approval of the Board. The Counsel to the Board shall be responsible for overseeing the legal affairs of San Diego USATF and shall be available to advise and consult with the officers and other agents of San Diego USATF, render legal advice and assistance, and perform such other duties as the President or the Board may request. The Counsel to the Board shall have the right to the floor at any meeting of San Diego USATF, its Board, and its committees to comment on legal matters. The files, records, and documents created by the Counsel to the Board during the course of duties for San Diego USATF shall belong to San Diego USATF; 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 San Diego USATF, the Board may authorize the President, in consultation with the Counsel to the Board, to retain Special Legal Counsel. Where prior authorization by the Board is impractical, the President, in consultation with the Counsel to the Board, may in the best interests of USATF and San Diego USATF 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 San Diego USATF shall be examined and approved for form by the Counsel to the Board or by the Special Legal Counsel of San Diego USATF, 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 Board, all written contracts shall be executed on behalf of San Diego USATF by the President (or another officer designated by the President) and if required, attested to by the Secretary.

I. Arbitration: San Diego USATF 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 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 the USOC.

J. Conflict of interest: Any individual representing San Diego USATF, or who has a financial arrangement with USATF or San Diego USATF, or who is an employee of USATF, San Diego USATF, or any other USATF Association, or who is a member of any of its committees, shall not participate in the evaluation or approval of a contract with a supplier to furnish goods or provide services to USATF or San Diego USATF, if that individual directly or indirectly benefits financially, or otherwise receives any form of compensation from, or has any interest in, any supplier under consideration. The Board may require that such individuals disclose all financial interests that may influence the performance of their duties for USATF or San Diego USATF. Each individual referred to in the first sentence of this paragraph shall, upon learning that San Diego USATF is proposing to enter into an arrangement in which he or she has financial interest, promptly notify the President in writing of the existence of such interest, and the President shall, in turn, promptly disclose such interest to those bodies of USATF involved in considering entry into the arrangement. In the event of a violation of this provision, San Diego USATF shall have the right to recover such benefit or payment and to void the contract or transaction.

XVII. DISSOLUTION

Upon the dissolution of the corporation, the Board shall, after paying or making provisions for the payment of all of the liabilities of the corporation, dispose of all the assets of the corporation exclusively for the purpose of the corporation in such a manner, or to such organization or organizations, organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the Board shall determine.

XVIII. SAVING CLAUSE

Failure of literal or complete compliance with provisions of the Bylaws in respect to dates and times of notice, or the sending or receipt of the same, or errors in phraseology of notice of proposals, which in the judgment of the members at meetings held do not cause substantial injury to the rights of members, shall not invalidate the actions or proceedings of the members at any meeting.

XIX. AMENDMENTS

A. General provisions: Amendments shall be considered by San Diego USATF as follows:

1. Voting for Bylaws approval: Amendments to the Bylaws shall require for passage a two-thirds vote of those members present and voting, provided notice of the proposed amendment has been submitted in writing to the members of San Diego USATF at least thirty (30) days prior to the meeting; and

2. Voting for other regulations approval: Amendments to other regulations shall require a majority vote of those members present and voting, provided notice of the proposed amendment has been submitted in writing to the members of San Diego USATF at least thirty (30) days prior to the meeting.

B. Exceptions: Notwithstanding paragraph A above, amendments may be considered at any meeting of San Diego USATF in any of the following circumstances:

1. Tabled amendments: Tabled amendments may be acted upon at any subsequent meeting without redistribution of the amendment;

2. Conformity with the law: To make the Bylaws or other regulations conform with federal or local law or regulation;

3. Conformity with USATF: To make the Bylaws or other regulations conform with USATF requirements; or

4. Uniformity: To make the Bylaws and other regulations conform with each other.
Such items need not meet the time requirement of subparagraphs XIX.A.1 above and XIX.D.1 below.

C. Emergency circumstances: In emergency circumstances, San Diego USATF or its Board may adopt changes as follows:

1. Vote of the membership: Upon a ninety percent (90%) vote at any meeting of San Diego USATF; or

2. Vote of the Board: Where immediate relief is deemed necessary, the Bylaws and other regulations may be amended upon vote of ninety percent (90%) of the total membership of the entire Board, such amendment to be effective only until the next meeting of San Diego USATF.

D. Submissions: The following provisions shall govern submissions of amending legislation:

1. Time of submission: Amendments shall be submitted at least sixty (60) days prior to the meeting at which they are to be considered, so as to allow proper review and submittal to the members of San Diego USATF. This sixty (60) day requirement may be waived, in emergency circumstances, upon a ninety percent (90%) vote at any meeting of USATF;

2. Submitters: Amendments may be submitted only by a member of San Diego USATF;

3. Persons receiving submissions: Amendments to the Bylaws and other regulations shall be submitted to the chairman of the Law & Legislation/Rules Committee;

4. Form of submission: The proposed amendments shall be in such form as to show the entire section, subsection, or paragraph, as the case may be, as it will read if adopted, with all proposed additional language underlined or shaded, and all proposed deleted language in double parentheses. Each submission shall be accompanied by a brief statement of the rationale for the submission. If there is a budgetary impact, it shall be estimated with the submission or, lacking such estimation, shall be provided by the Treasurer and/or the chairman of the Budget Subcommittee of the Board; and

5. Approval of submissions: All proposed amendments must first be recommended for approval at the time of submission by someone other than the submitter who shall be another member of San Diego USATF.

E. Effective date: Unless otherwise specified at the time of adoption, amendments to the Bylaws and other regulations shall be effective immediately.

XX. EXHIBIT B
USATF Article 5B Members

Name of member (abbreviation):

A. National Collegiate Athletic Association (NCAA):

1. Men's Track & Field

2. Women's Track & Field

3. Men's Long Distance

4. Women's Long Distance

B. National Federation of State High School Associations (NFSHSA):

1. Men's Track & Field

2. Women's Track & Field

3. Men's Long Distance

4. Women's Long Distance

C. National Association of Intercollegiate Athletics (NAIA):

1. Men's Track & Field

2. Women's Track & Field

3. Men's Long Distance

4. Women's Long Distance

5. Race Walking

D. National Junior College Athletic Association (NJCAA):

1. Men's Track & Field

2. Women's Track & Field

3. Men's Long Distance

4. Women's Long Distance

E. Road Runners Club of America (RRCA):

1. Men's Long Distance

2. Women's Long Distance

3. Youth Athletics

4. Masters Long Distance

F. Running USA (RUSA):

1. Men's Long Distance

2. Women's Long Distance

3. Masters Long Distance

Amendment History

Amendment of February 26, 2003:

At the bi-monthly meeting the Board unanimously approved setting all minimum voting ages to 18 in order for the Bylaws to conform to USATF requirements.

Amendment of November 5, 2003

At the 2003 Annual Meeting, the members unanimously approved replacing the first sentence of Article X(B)(2).

Original

The Board shall conduct its affairs at bi-monthly meetings on the third Wednesday of February, April, June, August, and December.

Replacement

The Board shall conduct its affairs at meetings on the third Wednesday of each month.

Amendments of December 17, 2003

At the 2003 National Meeting, some provisions of Regulation 15, which governs Association Elections, were modified. The following amendments to the Bylaws are for compliance.

Original VIII(A)(4):

Changes: Any notice of a election change or a change in the election process must be at least 14 days prior to the election.

Replacement VIII(A)(4):

Changes: Any notice of an election change or a change in the election process, not previously publicized, must be distributed at least 14 days prior to the election.

Original VIII(C)(4):

Voting membership deadline: Individuals must be members in the month which ends more than one full month preceding the election.

Replacement VIII(C)(4):

Voting membership deadline: Except for renewals from the previous year, individuals must be members for at least thirty (30) days prior to the date of the election. (For example, if the election is held on September 20, the membership must be paid in full by August 20.)

Original VIII(D)(1):

Disputes: Voting eligibility disputes must be resolved before the election process is started with nominations and/or the report of the nominating committee.

Replacement VIII(D)(1):

Disputes: Voting eligibility disputes must be resolved before the election process is started (i.e. before taking nominations and/or before the report of the nominating committee).

New VIII(D)(4):

Ballot Count: Any ballot opened outside the presence of the entire voting panel shall not be counted.

Original VIII(E)(1):

Panel: A panel of at least three (3) individuals, at least one (1) of whom must be an athlete, shall count the ballots and sign the tally. All panel members shall be at least 18 years of age. The panel shall not include any individual who is a candidate for a contested office.

Replacement VIII(E)(1):

Voting Panel: A panel of at least three (3) individuals, at least one (1) of whom must be an athlete, shall count the ballots and sign the vote tally. All panel members shall be at least 18 years of age. The panel shall not include any individual who is a candidate for an office.

Original VIII(E)(2):

Consultation: The panel may consult as necessary with the Chairman, Secretary, and/or parliamentarian (so long as they are not candidates for contested offices) on procedural matters.

Replacement VIII(E)(2):

Consultation: The panel may consult as necessary with the Association's President, Secretary, and/or parliamentarian (so long as they are not candidates for offices) on procedural matters.

Original VIII(G):

National delegates: Delegates shall be appointed at the Annual Meeting.

Replacement VIII(G):

National delegates: Delegates to the USATF Annual Meeting shall be appointed at the Annual Meeting.

Original VIII(I)(1):

Operating Regulation 11: Except as indicated below, USATF Operating Regulation 11 shall apply to election grievances. Protests may only be made after the election process is concluded.

Replacement VIII(I)(1):

Operating Regulation 11: Except as indicated below, USATF Operating Regulation 11 shall apply to election disputes. Protests may only be made after the election process is concluded.

Amendment of November 17, 2004

The following amendments to the Bylaws are for compliance as to the date of the Annual Meeting.

Original VII, first sentence:

The annual meeting of San Diego USATF shall take place in the City of San Diego, California, in the last quarter of each year, beginning in 1982.

Replacement VII, first sentence:

The annual meeting of San Diego USATF shall take place in the City of San Diego, California.

Original VII(A):

Annual meeting: The annual meeting of San Diego USATF shall be held on the third Wednesday of October in the City of San Diego, California, at such time and place as may be fixed by the Board and announced by requisite notice of such meeting.

Replacement VII(A):

Annual meeting: The annual meeting of San Diego USATF shall be held on the third Wednesday of September in the City of San Diego, California, at such time and place as may be fixed by the Board and announced by requisite notice of such meeting.

Amendment of August 17, 2006

The following amendment to the Bylaws is for compliance with and consistency with other election procedures. Delete VIII(C)5:

Original VIII(C)5:

Organizations: Member organizations shall have one (1) vote.

Amendment of October 10, 2006

The Board of Directors adopted the following amendment:

Original X(B)2:

The Board shall conduct its affairs at meetings on the second Tuesday of each month.

Replacement X(B)2:

The Board shall conduct its affairs at meetings on the third Wednesday of each month.

Amendment of September 17, 2008

The Membership adopted the following amendment for compliance with USATF Regulation 15(B) as amended in December 2007:

Original XIV:

XIV. REDRESS OF GRIEVANCES

A. Redress of grievances: A grievance may be any matter within the cognizance of San Diego USATF other than doping offenses described in USATF Operating Regulation 10. 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 or Operating Regulations of USATF has occurred, or (iii) the rules of eligibility as defined by the IAAF have been broken. Grievance Complaints may be filed only by individuals who were, at the time that the conduct complained of occurred, members, directors, or officers of USATF. Except as provided in USATF Operating Regulation 11-A-3, 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 San Diego USATF Office and the Secretary, (ii) be signed under oath, (iii) allege with particularity the nature of the grievance, and, where appropriate, the USATF 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, if proven, would justify one of the conclusions set forth in paragraph XIV.A above. The San Diego USATF 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 President shall also confer with the chairman 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 grievances: If the informal resolution of the Grievance Complaint is unsatisfactory to any party, such party may invoke the provisions of Regulation 11 (pages 97-99) and request that the grievance be resolved by a formal grievance proceeding before a National Athletics Board of Review.
NOTE: Procedures and appeals: The procedures applicable to formal grievance proceedings and appeals are set forth in USATF Operating Regulation 11.

Replacement XIV:

XIV. REDRESS OF GRIEVANCES

A grievance may be any matter within the cognizance of USATF San Diego/Imperial Association as described as follows:

A. Jurisdiction: This Association shall have jurisdiction over all disciplinary and formal grievance proceedings relating to matters that arise within the boundaries of the Association, except sexual misconduct allegations and doping violations which shall be under the jurisdiction of USATF. All penalties imposed by an Association shall be effective only within the jurisdiction of that Association.

B. Association Arbitration Panel: The following shall apply to the appointment and conduct of the Association Arbitration Panel (AAP):

1. Members: The Association Arbitration Panel shall consist of three (3) members - a chair, an at-large member, and an athlete member. There shall also be a first alternate, second alternate, and additional alternates who may be appointed from time to time when any of the three members of the AAP are not available. Members of the AAP shall not be members of the Association Board or Executive Committee.

2. Appointments: Appointments shall be made by the President with the approval of the Association Board. The appointments shall be duly reflected in the minutes of a properly convened Board meeting.

3. Terms: Terms shall commence on January 1 of each even-numbered year.

4. Removal: Members and alternates may be removed for good cause by majority vote of the Association’s Board. Good cause may include, but is not limited to, the following:

a. Dilatory practices: An AAP member who causes or permits delays in the hearing process; and/or

b. Failure to follow procedures: An AAP member who disregards or fails to apply the hearing procedures or other provisions set forth in the Association Bylaws, Association Regulations, USATF Rules, USATF Bylaws, and/or USATF Regulations.

C. Grievances: A grievance may involve any matter, other than sexual misconduct and doping offenses, within the cognizance of USATF that occurs in the jurisdiction of this Association:

1. Grievance Complaints: A Grievance Complaint shall state the following:

a. Detrimental conduct: Conduct detrimental to the best interests of Athletics, USATF, USATF San Diego/Imperial Association has taken place; or

b. USATF violations: A violation of any of USATF’s Bylaws or Operating Regulations and/or a violation of any of USATF San Diego/Imperial Association Bylaws or Operating Regulations has occurred.

2. Parties: Grievance Complaints may be filed only by and against individuals or entities which were, at the time that the conduct complained of occurred, and at the time the Complaint is filed, members, directors, or officers of USATF or otherwise subject to the jurisdiction of USATF San Diego/Imperial Association. A non-member, former director, or former officer of USATF San Diego/Imperial Association shall be subject to the jurisdiction of USATF San Diego/Imperial Association for the purpose of defending against a Grievance Complaint for an incident that occurred while he or she was a member, a director, or officer of USATF San Diego/Imperial Association or otherwise subject to the jurisdiction of USATF San Diego/Imperial Association. A Grievance Complaint may only be filed by a person or entity affected by the issues raised in the complaint; and

3. Time limit: Grievance Complaints must be filed within one (1) year from the time the complaining party knew or should have known of the act giving rise to the Complaint.

D. Disciplinary matters: USATF San Diego/Imperial Association shall have the authority to discipline any member who, by neglect or by conduct, acts in a manner subject to discipline pursuant to Regulation below.

1. Activities subject to discipline: USATF San Diego/Imperial Association may discipline any member who, by neglect or by conduct:

a. Detrimental conduct: Acts in a manner detrimental to the purposes of USATF, USATF San Diego/Imperial Association, or Athletics;

b. USATF, IAAF, and Sports Act violations: Violates any of the Bylaws, Operating Regulations, or Competition Rules of USATF or the IAAF, or violates the Sports Act;

c. Eligibility violations: Violates the rules of eligibility for Athletics;

2. Time limit: Disciplinary proceedings must be requested within one (1) year from the time the complaining party knew or should have known of the issue giving rise to the request for a disciplinary hearing.

E. Rights of the persons or entities: In all matters subject to this Regulation, all parties shall be provided with fair notice and an opportunity for a hearing prior to the adjudication or imposition of any penalty by the Association or AAP. All parties:

1. Representation: May be represented in any disciplinary, grievance, or Association proceeding by a person(s) who may (but need not) be an attorney;

2. Right to appeal: May appeal any adverse decision in accordance with this Regulation;

3. Attendance at hearing: May be present at any hearing; and

4. Presenting and challenging evidence: Shall have the right to present evidence and witness testimony and to cross-examine witnesses testifying against him, her or it.

F. Initiation of proceedings: Formal grievances shall be initiated as follows:

1. Grievance complaint filing procedures:

a. Filing location: Complaints shall be filed with the Association President and Secretary. The Secretary shall forward a copy of the Complaint to the each party charged in the Complaint;

b. Language: All documents filed and exchanged with respect to this Regulation shall be in English; provided, however, that an original document that is in a foreign language must be submitted along with an English translation. The party submitting the document shall bear the cost of obtaining its translation which shall be conducted by a reputable translator or translation service. In the event of a challenge to the accuracy of a translated document, the panel chairperson may direct USATF to order a translation of the document(s) in question and may allocate the cost of the translation to any party or all parties, as the panel deems appropriate;

c. Basis for the Complaint: The Complaint shall allege clearly the nature of the dispute and, where appropriate, state the specific violation of the Bylaws, Operating Procedures, Competition Rules, or Policies of USATF, USATF San Diego/Imperial Association, or the IAAF;

d. Facts of allegation: Factual allegations shall be separately stated in concise language with one allegation set forth in each numbered paragraph of the Complaint;

e. Signature: The Complaint shall be signed by the person filing the Complaint,

f. Filing fees: A filing fee of One Hundred U.S. Dollars (US$100) must accompany an organization’s complaint and a filing fee of Seventy-five U.S. Dollars (US$75) must be paid by individuals filing a Complaint. The filing fee must be in the form of a certified check or money order made payable to the Association;

2. Failure to comply with Complaint procedures: Complaints that fail to comply with the procedures outlined in this Regulation shall be returned to the filer with instructions explaining the deficiency. A returned Complaint may be re-filed within thirty (30) days of the initial filing. After thirty (30) days, the Complaint will be deemed abandoned;

3. Informal resolution of grievances: Upon receipt of a Grievance Complaint, the President or his/her designee shall make every effort to resolve the dispute through informal means. In disputes pertaining to a specific sport discipline, the President or his/her shall also confer with the chairperson of the sport committee for the discipline involved. All discussions related to the informal resolution of a complaint shall be confidential;

4. Formal resolution: If the informal resolution of the complaint is unsatisfactory to any party, or if a party declines to pursue informal resolution, the party may request that the complaint be resolved by a formal hearing before an AAP panel;

5. Hearing panel: When one party has indicated that the matter cannot be resolved informally, the President or his/her designee shall coordinate the selection of a three-person arbitration panel as detailed in Paragraph B of this regulation.

G. Notice of proceedings: Within thirty (30) days of the commencement of a formal grievance all interested parties and the hearing panel shall be sent the following by the Association Secretary:

1. Documents: A copy of the complaint or other documents giving rise to the proceeding, with any attachments;

2. AAP Members and Contact: The names of the hearing panel members and the address and telephone number of the panel’s chairperson;

3. Association Bylaws: A copy of the text of this Regulation of the USATF San Diego/Imperial Association Bylaws and any other relevant USATF Rule or Regulation; and

4. Other relevant documents: A copy of any specifically identified document(s) related to the dispute.

H. Answer: The person(s) or entity(ies) named in a Complaint (respondent(s)) must submit a written answer to the Association Secretary within thirty (30) days after receipt of the letter notifying respondents that a proceeding has been filed (“Notice of Proceeding”). A copy of the Answer shall be forwarded by the Secretary to the complainant (the party filing the Complaint) and the AAP panel. The failure of respondent(s) to answer within thirty (30) days after the receipt of the Notice of Proceedings will be deemed a waiver by respondent of the opportunity to have a hearing or have an appeal of any adverse decision. Upon such failure, and after confirmation of the receipt of the Notice of Proceeding by all parties, the hearing panel may proceed in the absence of the respondent and may decide the matter with or without a hearing and with or without taking testimony and evidence, as it deems appropriate. If a party raises a hearing panel challenge under Article XIV.I below, the panel chair may extend the time to answer.

I. Challenge to arbitrator(s): Within fourteen (14) days following the receipt of the Notice of Proceedings any party to the hearing may challenge the seating of any AAP panel member, on the ground that the panel member may not be impartial. The panel chairperson may extend the time to answer if a panel member is challenged. Failure to bring a timely challenge against the seating of an AAP arbitrator constitutes a waiver of such challenge.

J. Hearing procedures: The following procedures apply to formal grievance, and other hearings:

1. Pre-hearing conference call: Within five (5) business days of the expiration of the arbitrator challenge the AAP panel chairperson shall conduct a pre-hearing conference by telephone conference call with all parties to discuss scheduling and procedural matters.

2. Date of Hearing: Best efforts should be used to set a convenient time and date for all participants. The AAP hearing panel shall schedule the hearing to take place within thirty (30) days of the initial pre-hearing conference. The hearing date may be delayed beyond the thirty (30) day period only upon a showing to the AAP panel that a substantial injustice would otherwise occur.

3. Location for hearing: Hearings shall be held in-person, unless good cause is shown to the AAP chairperson that holding the hearing by telephone conference call is in the best interest of the sport of Athletics.

a. Reason for request for telephone conference call hearing: If a party requests that the hearing be held by telephone conference call, such request shall be accompanied by a statement identifying the material reasons which the hearing panel should resolve in this venue.

b. Deadline for request: The telephone conference call hearing request must be submitted to the AAP chairperson within ten (10) business days of the receipt of the Notice of Proceedings. Failure to submit a telephone conference call hearing request during the above-described timeframe constitutes a waiver of the right to request a telephone conference call hearing.

4. Delays: If an interested party causes an unnecessary delay, the AAP panel may dismiss the proceeding or, at its discretion, rule against the party causing the delay. If the delay is the result of AAP panel inaction, the President or his/her designee may dismiss the panel and replace it with a new panel. If a party to the proceeding fails to appear at the hearing, then the AAP panel may make a ruling based on available information and the testimony of those present at the hearing;

5. Evidentiary rules: The rules of evidence generally accepted in administrative proceedings shall be applicable to the hearing; the formal rules of evidence shall not apply;

6. Burden of proof: The burden of proof is upon the complainant to prove by a preponderance of the evidence that conduct described in Article XIV.C.1 or XIV.D.1 above has occurred;

7. Hearing record: An official transcript or recording is highly recommended for hearings conducted by an Association. Any party to the proceedings may retain a court reporter or other competent individual to provide a transcript or recording of the hearing at that party’s own expense. If made, such transcripts or recordings shall become the official record of the proceedings and a copy shall be provided to all parties at their own expense; and

8. Closed hearing: Hearings shall be closed to the public. Witnesses shall attend hearings only as necessary to provide testimony.

K. AAP decisions and opinions: The following shall pertain to AAP final decisions and opinions rendered in hearings and appellate proceedings:

1. Scope of decision: All AAP panel decisions shall be consistent with USATF, USATF San Diego/Imperial Association, and IAAF Rules and Regulations, and the Sports Act. If the implementation of any AAP panel decision and opinion would have a significant budgetary impact on USATF San Diego/Imperial Association, the Budget Committee chair and/or the USATF San Diego/Imperial Association Treasurer shall review it and report their findings to the Board within thirty (30) days of the issuance of the opinion. In such instances, the decision and opinion shall not become final and binding unless and until approved by the Board. The Board shall determine to what extent any AAP decision and opinion having a significant budgetary impact on USATF San Diego/Imperial Association may be implemented, in light of fiscal considerations, and may remand the matter back to the AAP panel for modification based upon budgetary directives from the Board;

2. Form of decision and opinion: The AAP decision shall state in one or two brief sentences which party the AAP arbitrators have ruled in favor of. The opinion of the AAP panel shall set forth the following:

a. Issue: The question(s) the AAP panel was asked to decide;

b. Arguments: A brief summary of the arguments made by each party;

c. Findings of fact: The findings of fact upon which the panel based its decision;

d. Citations: A citation to the applicable IAAF, USATF, USATF San Diego/Imperial Association, Sports Act, or other applicable rule, bylaw or minutes, reports, guidelines, or other documents upon which the AAP panel decision is based, if any; and

e. Stay provision: Whether the effect of the decision shall be stayed in the event of an appeal, if appropriate;

3. Time frame: An AAP panel shall issue a decision with respect to the disciplinary, formal grievance, or other proceedings within fifteen (15) days after the conclusion of the hearing. The panel shall render a written opinion no later than thirty (30) days after the conclusion of the hearing, or after the submission of any post hearing documentation to the panel.

4. Effect of decision: All AAP panel decisions shall be effective upon the date rendered, unless otherwise stated in the decision.

L. Appeals: The decision of the arbitrators may be appealed pursuant to USATF Regulation 11-P.