by Gary Haning » Wed Aug 08, 2012 1:09 pm
This BTW is Section 9
Hi Gary,
There is a 3 stop process to go forth with a complaint for this:
1. Internal Grievance with USA Softball
2. Section 9 Complaint with the USOC
3. American Arbitration Association
Below are relevant provisions from the USOC Bylaws, Section 9.
Section 9.1 Opportunity to Participate. No member of the corporation may deny or
threaten to deny any amateur athlete the opportunity to participate in the Olympic Games, the
Pan American Games, the Paralympic Games, a World Championship competition, or other such
protected competition as defined in Section 1.3 of these Bylaws nor may any member,
subsequent to such competition, censure, or otherwise penalize, (i) any such athlete who
participates in such competition, or (ii) any organization that the athlete represents. The
corporation shall, by all reasonable means, protect the opportunity of an amateur athlete to
participate if selected (or to attempt to qualify for selection to participate) as an athlete
representing the United States in any of the aforesaid competitions. In determining reasonable
means to protect an athlete’s opportunity to participate, the corporation shall consider its
responsibilities to the individual athlete(s) involved or affected, to its mission, and to its
membership.
"protected competition" means:
1) any amateur athletic competition between any athlete or athletes officially
designated by the appropriate NGB or PSO as representing the United
States, either individually or as part of a team, and any athlete or athletes
representing any foreign country where (i) the terms of such competition
require that the entrants be teams or individuals representing their
respective nations and (ii) the athlete or group of athletes representing the
United States are organized and sponsored by the appropriate NGB or
PSO in accordance with a defined selection or tryout procedure that is
open to all and publicly announced in advance, except for domestic
amateur athletic competition, which, by its terms, requires that entrants be
expressly restricted to members of a specific class of amateur athletes such
as those referred to in Section 220526(a) of the Act; and
2) any domestic amateur athletic competition or event organized and
conducted by an NGB or PSO in its selection procedure and publicly
announced in advance as a competition or event directly qualifying each
successful competitor as an athlete representing the United States in a
protected competition as defined in 1) above.
Section9ComplaintForm51809[1].pdf
