As amended May 22, 2007
SCARSDALE YOUTH SOCCER CLUB INC.
BY-LAWS
Article I - Name
The name of the corporation shall be the SCARSDALE YOUTH SOCCER CLUB INC.
Article II - Purposes
The objects of the corporation (sometimes referred to as the "Club" or "SYSC") shall be to foster, promote, monitor, regulate and advance the sport of soccer; to introduce and teach the sport of soccer to the youth of the community; to establish teams and select coaches, and to sponsor, make available and participate in soccer clinics, leagues and related activities for the recreation and well being of the youth of the community; to teach the fundamentals of sportsmanship and team play and to teach the positive values of competition; and to do any other act or thing incidental to or connected with the foregoing purposes or in advancement thereof, as may be permitted by the laws of the State of New York. The Club has not been formed for pecuniary profit or financial gain, and no part of the assets, income or profits of the Club is distributable to, or shall inure to the benefit of, its members, directors or officers, except to the extent permitted under the Not-For-Profit Corporation Law.
Article III - Membership; Dues
1. All players on SYSC teams shall be members of the Club. All children residing in the Village of Scarsdale, or who are eligible to attend public schools in the Village of Scarsdale, or who are otherwise eligible to play on a soccer team in the Scarsdale Recreation League, are eligible to play on an SYSC team. Upon the prior approval of the Executive Board, other children shall be eligible to play on an SYSC team.
2. Families of players on SYSC teams who have paid in full all dues and assessments shall be SYSC members. All rights of players under the age of eighteen (18) to attend and participate in meetings are exercisable by a parent or legal guardian of such player. Membership shall not be limited to players on SYSC teams and their families. The Board may designate anyone to be a member of the Club. SYSC teams shall mean travel soccer teams registered by the Club and other teams in programs designated by the Executive Board, the players on which pay dues to the Club.
3. Membership dues shall be determined annually by the Executive Board. In the discretion of the Executive Board, dues for a player may include the amount of the league registration fee for such player and/or such player's share of the league registration fee for the player's team. If and to the extent registration fees are not included as part of dues, the Club, directly or through the Coaches, shall be entitled to assess players. All players on a team shall pay equal amounts in respect of SYSC dues and league registration fees. Dues for players on SYSC travel teams and players in an SYSC in-house or other program may be different, as determined by the Executive Board.
Article IV - Officers
The Officers of the Club and their duties and responsibilities shall be as follows:
President: The President shall preside at all meetings of the Club, Council of Coaches and Executive Board. All committees of the Club shall be appointed by the President with the advice and approval of the Executive Board. The President shall be entitled to be a member of all committees, with full right to vote therein.
The President may call and conduct conferences of Officers and Executive Directors of the Club, and shall perform such other duties as are commonly performed by the chief executive of a voluntary organization, or as may be assigned to him or her by the Executive Board. The President shall be responsible for the general management of the affairs of the Club with the concurrence of the Executive Board, and shall see that all orders and resolutions of the Executive Board are carried out.
The President shall have the power to authorize funds to be disbursed for the purchase of uniforms, athletic equipment, insurance, to maintain fields, for normal or recurring expenses and for emergency purposes, at his or her discretion. Disbursements for other purposes (e.g., clinics or social events, indoor gym time) must be approved by the Executive Board.
The President and any two Vice Presidents selected from time to time by the President shall constitute an emergency committee to represent the Executive Board on matters demanding immediate attention when it is impractical or impossible to call a meeting of the Executive Board. If possible, the President shall seek advice from and/or poll by e-mail or otherwise available members of the Executive Board. Actions of such emergency committee shall be subject to the approval of the Executive Board.
Vice President(s): There may be up to five Vice Presidents, with such designations as the Executive Board may approve. The Vice President, or if there shall be more than one, the Vice Presidents, shall, in the order of their respective seniorities, perform all the duties of the President during the latter's absence or disability, and the Vice President designated to act in the absence of the President shall succeed to the office of President in the event of withdrawal or resignation of the President for any reason. Each Vice President shall also perform such other duties as may be assigned to him or her by the President or the Executive Board.
Secretary: The Secretary shall record the minutes of all meetings of the Executive Board, the Council of Coaches and of General Meetings, attend to all correspondence and keep the corporate records of the Club. The Secretary shall also perform the usual duties of such office, and be subject to the directions of the President and the Executive Board.
Registrar: The Registrar shall organize the registration of members and players, maintain up-to-date membership lists and rosters of players for all SYSC teams, and coordinate and supervise the registration of players and teams with leagues. The Registrar shall pass along to the Treasurer all funds received in connection with the registration process, and work with the Treasurer and other Executive Directors to develop and maintain accurate rosters and membership information. The Executive Board may appoint an Assistant Registrar or one or more registrars with respect to one or more specific leagues to perform such duties as may be assigned to him or her by the President or the Executive Board. The Executive Board may also authorize the President or a committee to hire a person to serve as a Registrar or Assistant Registrar in which event such person will not be an Officer.
Treasurer: The Treasurer shall receive all membership dues and shall have the care and custody of all the funds of the Club, which shall be disbursed by the Treasurer only upon the order of the President. The Treasurer shall submit reports at the General Meetings and shall render special reports whenever requested to do so by the President or the Executive Board. The Treasurer shall deposit all funds in the name of the Club in such bank or banks as may be designated by the Executive Board.
Accurate and complete records of all financial transactions shall be kept by the Treasurer in accordance with good bookkeeping practices and State and Federal regulations.
Article V - Executive Board
1. The Executive Board shall control and manage the affairs of the Club in accordance with the Certificate of Incorporation and these By-Laws; and shall have power to authorize all acts on behalf of the Club, except to amend or change the Certificate of Incorporation of the Club.
2. The Executive Board may make rules for the conduct of its own meetings and the meetings of the Council of Coaches, and in the absence of any such rules said meetings shall be conducted according to Robert's Rules of Order. Any such rules inconsistent with the Certificate of Incorporation or these By-Laws shall not be valid.
3. The number of Executive Directors constituting the entire Executive Board shall be fixed by vote of the members or a majority of the entire Executive Board, not to be less than seven nor more than fourteen, plus the Immediate Past President and up to five other participating Directors and Officers Emeritus as shall also be fixed by resolution of the Executive Board. As used in these By-Laws, the "entire Executive Board" means the total number of directors entitled to vote which the Club would have if there were no vacancies. For such purposes, an unfilled position as Director or Officer Emeritus shall not be considered a vacancy.
4. A quorum shall be constituted by a majority of the entire Executive Board (other than Directors or Officers Emeritus). Once a quorum has assembled, business may be conducted and decided by a majority vote of those Executive Directors present. The Executive Board may act by ballot, by mail, by telephone, by e-mail or otherwise as it may determine.
5. The Executive Board shall consist of the Officers (as defined in Article IV) and up to five additional Directors-at-Large, but not more than fourteen persons, plus the Immediate Past President and up to seven other Directors or Officers Emeritus. A Director Emeritus must have been an Officer or Director-at-Large, and an Officer Emeritus must have been that Officer, for at least two years preceding his or her election as a Director or Officer Emeritus. The duties and responsibilities of Directors-at-Large and Directors and Officers Emeritus are to be designated by the President or the Executive Board. Members of the Executive Board are Executive Directors; provided, that, unless designated as a member of the Executive Board, Directors and Officers Emeritus shall be entitled to the privileges of being a member of the Executive Board and to participate in the Executive Board, but shall not be considered members of the Executive Board except to the extent of their participation.
6. No person shall have more than one position on the Executive Board at any time, except in an acting capacity.
7. All members of the Executive Board shall serve without compensation.
8. Any Officer or other member of the Executive Board may be removed from office by the affirmative vote of at least two-thirds (2/3) of the entire Executive Board at an Executive Board meeting.
9. The Executive Board shall be entitled to fill vacancies by the affirmative vote of at least two-thirds (2/3) of the members of the Executive Board present at a meeting, a quorum being present.
10. Any one or more members of the Executive Board or members of any committee may participate in a meeting of such Executive Board or committee by means of a conference telephone or similar communications equipment allowing all persons participating in the meeting to hear each other at the same time. Participation by such means shall constitute presence at a meeting.
11. The Executive Board may appoint up to four Advisory Members, up to two of whom may be students and current or former players on Club teams.
Article VI - Council of Coaches
1. The Council of Coaches, subject to the direction and control of the Executive Board, shall see that all orders and resolutions of the Executive Board in relation to the SYSC teams are carried out; and the Coaches shall assist the Executive Board in such manner and consider such matters as the Executive Board shall request.
2. The Council of Coaches shall be a representative body, consisting of the Executive Directors and the Coach of each SYSC team. Any Coach shall be entitled to designate a team representative to attend and participate in, and vote at, any meeting of the Council of Coaches in lieu of the Coach. Executive Directors who are also Coaches shall be entitled to participate in the Council of Coaches in both capacities.
3. Meetings of the Council of Coaches shall be held on reasonable prior written notice to the Executive Directors and Coaches of record. The Coaches present at any meeting of the Council of Coaches, representing not less than one-tenth (1/10) of number of SYSC teams, shall constitute a quorum for the transaction of business, and a majority vote of those Coaches present at a meeting shall be required for any action of such Council. At each meeting of the Council of Coaches, each SYSC team represented, by its Coach or the Coach's designee, shall be entitled to one vote on all matters on which the Coaches are entitled to vote.
Article VII - Meetings
1. Meetings shall be held at such place within or without the
2. There shall be an Annual General Meeting of the membership each year during the month of June, the date and places of which shall be established by the Executive Board. Special meetings of the membership may be called at such times and places as shall be fixed by the President, or as called by written request to the President by a majority of the Executive Board or by those members entitled to cast 10% of the total number of votes entitled to be cast at such meeting. Except as provided in the Not-for-Profit Corporation Law, regular and special meetings of the membership of the Club shall be held on reasonable prior public notice to the members and prior written notice to the Coaches of at least ten (10) days.
3. Each player in good standing on an SYSC team shall be entitled to cast one vote on all matters on which members shall be entitled to vote. The members on each SYSC team hereby authorize the Coach of such team, and the Coach of each SYSC team shall be entitled to attend on behalf of the Coach’s players meetings of members (except to the extent such player or a parent or legal guardian of such player shall be present) and to have exclusive authority on behalf of the Coach’s players to vote at meetings of members or to express consent or dissent without a meeting with respect to the election of Officers and other Executive Directors and on all other matters on which members are entitled to vote (except to the extent a player or a parent or legal guardian of a player on the Coach’s team shall vote at the meeting or express consent or dissent without a meeting or directs the Coach in writing otherwise), in each case acting as the representative of and proxy for the members on their team. In the absence of such direction, the coach shall be entitled to vote in the discretion of the Coach. The presence or action of the Coach shall be deemed the presence or action of the members on the Coach's team, except to the extent one or more of such members are present in person. The authority of the Coach to act as herein provided shall be automatic, without the necessity of any writing signed by any member of the Coach's team, and, except as herein provided, shall not be revoked or revocable by the presence or other action of any particular member. No such authority of the Coach shall affect or impair the right of any member to attend nor to vote or otherwise participate in any meeting of members.
4. Members shall be entitled to representation by the Coach of each player in their family. Each Coach shall be entitled to cast the number of votes at meetings of members equal to the number of players on the Coach’s team, except to the extent such player or a parent or legal guardian of such player or shall vote at the meeting or express consent or dissent without a meeting.
5. With the exception of amendments to these By-Laws (Article XVII), the members in good standing (i.e., dues and assessments paid in full) present at any meeting of the membership (and constituting not less than the members entitled to cast one hundred (100) votes or one-tenth (1/10) of the total number of votes entitled to be cast, whichever is lesser) shall constitute a quorum for the transaction of business, and a vote of those members present at a meeting shall be required for any election or for the adoption of any resolution.
6. The President shall call a minimum of three (3) meetings of the Council of Coaches per year - one before each season and one after each season other than a season having a meeting of members. The President shall also call a minimum of three (3) meetings of the Executive Board per year. Additional meetings of the Executive Board or of the Council of Coaches may be called by the President or by any two Executive Board members.
7. For the purpose of determining the members entitled to notice of or to vote at any meeting of members or any adjournment thereof, or to express consent to or dissent from any proposal without a meeting, or for the purpose of any other action, the Board may fix, in advance, a date as the record date for any such determination of members, not more than fifty days nor less than thirty days before the date of such meeting or any other action. If no record date is so fixed, the record date shall be at the close of business on the thirtieth day before the date of such meeting or action.
Article VIII - Elections
1. The Officers and other Executive Directors of the Club shall be elected for a term of up to two (2) years, by hand vote or ballot, at the Annual General Meeting of the Club. Officers and other Executive Directors shall take office immediately after the meeting at which they are elected.
2. To be considered qualified to run for the Executive Board of the Club, a person must have been a member of the Club for at least one (1) year and be a member in good standing. The Executive Board may waive such one-year membership requirement of this paragraph on a case-by-case basis, by the affirmative vote of at least two-thirds (2/3) of the Executive Board present at a meeting duly called for such purpose, on prior notice specifying the action sought. Members of the Executive Board need not be a Coach of an SYSC team.
3. An Officer may not serve more than four (4) consecutive years in the same office. One or more terms as a Director-at-Large or as Director or Officer Emeritus shall not be considered an office for purposes of the preceding sentence. The Coaches may extend any of the limitations in this paragraph on a case-by-case basis, by the affirmative vote of at least two-thirds (2/3) of the Coaches present at a meeting duly called for such purpose, on prior written notice to the Coaches of at least ten (10) days.
4. At least one month before the Annual Meeting at which any office is to be filled, the President shall appoint a Nominating Committee of at least three members of the Club and shall designate its chairman. The Nominating Committee shall present to the Executive Board and at the Annual Meeting to the Club the names of the persons nominated as Officers and Executive Directors of the Club. Other candidates may be placed in nomination by the written request made to the chair of the Nominating Committee, provided that such nomination or written request be endorsed in writing by at least ten percent (10%) of the voting members, individually and not as representatives or proxies, and delivered to the chair of the Nominating Committee at least fifteen (15) days before the annual or special meeting. There will be no write-ins and no nominations from the floor.
Article IX - Committees
1. The President or Executive Board may create and appoint members of the Club to permanent and temporary committees to assist in the purposes and objects of the Club. Any such appointments by the President are subject to approval and review by the Executive Board. The committees shall perform such functions and make such reports as the President or Executive Board shall determine. Such committees, other than the Nominating Committee, may consist of one or more persons.
2. The term of appointment of such committees shall not exceed one (1) year, but the number of terms of service of a person to the same committee shall not be limited by these By-laws. A committee chairperson's or committee person's appointment may be terminated at any time by a majority vote of the Executive Board.
3. A committee may act by mail, telephone, e-mail or otherwise as it may wish or as the President or Executive Board may direct.
Article X - Order of Business
The order of business for meetings of the membership of the Club shall be, insofar as is practicable, as follows:
1. Roll Call/Sign-in
2. Minutes of previous meeting
3. Communications
4. Unfinished business
5. Report of the Treasurer
6. Reports of Committees
7. Special Reports
8. New business
9. Good of soccer
10. Adjournment
Article XI - Team Administration
1. The Executive Board shall be authorized to adopt guidelines or rules governing teams, competitions, tournaments and special events. Without limiting the foregoing, the Executive Board shall have the power to designate age limits in competition and to establish qualifications for and to adopt guidelines or rules with respect to the selection of players, teams, Coaches, Assistant Coaches and Managers; and all Coaches, Assistant Coaches and Managers serve at the pleasure of, and can be removed at any time by, the Executive Board. The Executive Board shall have the power to establish rules pertaining to assessments and governing the finances of SYSC teams, including but not limited to the identification of permissible uses and applications of assessments. Any assessment by a Coach for any purpose or use not so expressly permitted shall be prohibited, unless a parent of each and every player on the Coach's team shall have unanimously agreed to such assessment or unless such assessment shall have been approved in advance by the President.
2. The Club shall have the power to sponsor or participate in one or more leagues, to set up rules related thereto, and to enforce the rules and regulations of such leagues and the associations with which such leagues are affiliated.
3. All Coaches shall be or become members of the Club.
4. The names,
5. All teams designated officially by the Executive Board shall have equal rights to practice times, equipment, uniforms, teaching sessions and any other considerations in the performance of a team, subject to such reasonable rules as the Executive Board may from time to time establish.
Article XII – Discipline; Expulsion
1. The Executive Board shall have the power to deal with violations of the "Laws of the Game", and the rules and regulations of the Club or any league, tournament or provider of fields or other facilities in which a Club team participates, or any regional, state or national body or association directly or indirectly governing any thereof or to which any thereof are affiliated (including, but not limited to, the Westchester Youth Soccer League (“WYSL”), Eastern New York Youth Soccer Association (“ENYYSA”) and U.S. Youth Soccer Association), or with misconduct by, and to discipline, any of its Coaches, players, teams or members, including expulsion, imposition of reasonable fines and suspensions and, if deemed appropriate, reinstatement.
2. All players/parents that falsify birth certifications or their residency will be dropped from the Club immediately.
Article XIII - Parliamentary Procedure
All questions of parliamentary procedure not covered by these By-Laws shall be determined by "Roberts Rules of Order, New Revised," and federal and state law.
Article XIV - Fiscal Year
The fiscal year of the Club shall be the calendar year.
Article XV – Ombudsman; Grievances
1. The Executive Board shall appoint from among its members (including for such purposes any one or more Officers and Directors Emeritus) a Club Ombudsman, to receive complaints and grievances from coaches, players and their families.
2. The Club shall establish a Grievance Board, to manage complaints and grievances with respect to individual player, coaching or team matters. The Grievance Board will also administer behavioral and sportsmanship incidents. The members of the Grievance Board shall be selected by the Club’s President, with the approval of the Executive Board. The Club Ombudsman shall be the Chair of the Grievance Board. Members of the Grievance Board, other than the Chair, need not be members of the Executive Board The Grievance Board shall have the authority to expel, suspend and fine any player, coach, team, team official, club official, parent or other team and/or club supporter.
3. The Executive Board shall adopt rules pertaining to the administration of the Grievance Board and make such rules available on the Club’s website.
4. Decisions of the Grievance Board shall be final and binding unless and until overturned under appeal. A decision of the Grievance Board may be appealed only to the full Executive Board. All determinations by the Executive Board shall be final, except as an appeal with respect to a player is otherwise required to be granted under the rules of the USYSA or United States Soccer Federation (“USSF”).
5. No team, player, coach, team, team official, Club official, parent or other team and/or Club supporter may invoke the aid of or appeal to the WYSL or other body without first exhausting all available remedies within the Club, nor invoke the aid of the courts of the United States or of a State without first exhausting all available remedies within the Club, the ENYYSA, and as provided with the USSF. For a violation of this rule, the offending party shall be subject to suspension and fines, and shall be liable to the Club for all expenses incurred by the Club and its officers, directors and other representatives in defending each court action, including but not limited to the following: (A) court costs; (B) attorneys’ fees; (C) reasonable compensation for time spent by Club officials and employees in responding to and defending against allegations in the action, including responses to discovery and court appearances; (D) travel expenses; and (E) expenses for holding special meetings necessitated by the court action.
Article XVI - Indemnification
The corporation shall, to the fullest extent permitted under the laws of the State of New York, as the same may from time to time be amended, (i) indemnify the Officers and other Executive Directors of the corporation, and the chairperson and members of each committee, from and against any and all judgments, fines, amounts paid in settlement, and reasonable expenses, including attorneys' fees, actually and necessarily required by such Officer, Executive Director or committee chairperson or member as a result of any action or proceeding, or any appeal therein, to the extent such amounts may be indemnified under said laws, and (ii) pay to any Officer, Executive Director, committee chairperson or member in advance of the final disposition of any civil or criminal action or proceeding, the expenses incurred by such Officer, Executive Director committee chairperson or member in defending such action or proceeding. The indemnification and advancement of expenses provided for herein shall not be deemed exclusive of any other rights to which the Officer, Executive Director, committee chairperson or member seeking indemnification or advancement of expenses may be entitled under any agreement, vote of disinterested Executive Directors, or otherwise, and shall continue as to a person who has ceased to be an Officer, Executive Director, committee chairperson or member and shall inure to the benefit of the heirs and personal representatives of the Officer, Executive Director, committee chairperson or member seeking indemnification. The provisions of these By-Laws shall not be interpreted to restrict the Executive Board from indemnifying or advancing expenses to any Officer, Executive Director, or committee chairperson or member seeking indemnification. The provisions of these By-Laws shall not be interpreted to restrict the Executive Board from indemnifying or advancing expenses to any Officer, Executive Director, or committee chairperson or member or other person if the Executive Board shall determine such indemnification or advancement of expenses to be appropriate in the specific instance.
Article XVII - Amendments
These By-Laws may be amended or revised by the Executive Board or by the members at any regular or special meeting; provided that any amendment adopted by the Executive Board can be rescinded or further amended by the members. Amendments adopted by the Executive Board must be approved by at least two-thirds (2/3) of the Executive Directors; and amendments adopted by the members must be approved, at a meeting at which at least ten percent (10%) of the members are present, by the affirmative vote of at least two-thirds (2/3) of the members present, provided notice, including a copy or summary of the proposed amendment, was given fourteen (14) days prior to such meeting.
Scarsdale Youth Soccer Club Inc.
Complaints and Grievances
Rules and Regulations
1. The Grievance Board.
A. Composition. There will be no less than three (3) and no more than five (5) members of the Grievance Board, including the Chair. The Club’s President, with the approval of the Executive Board, shall select the members, including the Chair, of the Grievance Board for one or two year terms. The Chair shall be a member of the Executive Board of the Club; the other members may but need not be members of the Executive Board.
B. Voting. Each member of the Grievance Board, including the Chair, shall be entitled to one (1) vote. The Chair may cast a vote the same as other members. A minimum of three (3) members, including the Chair, shall be required to hear a case and render a decision. No member of the Grievance Board shall participate at any other level of appeal or discipline.
C. Participants. The Grievance Board reserves the right to determine the participants and number of participants that may attend a Grievance Board meeting.
D. Convene Grievance Board. The Grievance Board will convene at the discretion of the Chair.
2. Complaints and Grievances.
A. Validity. To be valid and eligible for consideration, each complaint or grievance must be in writing, describe the complaint or grievance, and be signed by the aggrieved party or if the aggrieved party is a player, a parent or legal guardian of the aggrieved party.
B. Hearings; Lawyers. The Grievance Board may, at its discretion, ask for a response from player, coach or other member of the Club and may, in the discretion of the Chair of the Grievance Board, conduct a hearing. Reasonable notice shall be given to involved parties and those others invited to aid in the Board’s deliberations and/or to present relevant information, no less than two business days prior to the scheduled hearing. A Grievance Board proceeding or hearing is not a legal proceeding or hearing. However, on reasonable prior written notice to the Chair, a party may be assisted in the presentation of the party’s case at a hearing, including the assistance of legal counsel, if desired.
C. Forfeiture of Appeal Rights. An involved party failing to appear before the Grievance Board after having received proper notice shall forfeit all rights to appeal.
D. Basis of Decision. The Grievance Board shall render a decision on any complaint or grievance on the basis of any information, from any source, that it deems appropriate under the circumstances.
E. Conflict of Interest. If a member of the Grievance Board is connected with the team or with the aggrieved party or a person against whom the complaint or grievance is directed (other than the Executive Board), he/she shall recuse himself or herself from participating in the hearing. In the event of a conflict of interest arising with any member of the Grievance Board, the Club Ombudsman and President may jointly select a substitute member of the Grievance Board for such matter.
F. Appeal. Decisions of the Grievance Board shall be final and binding unless and until overturned under appeal as provided for in these Rules. A decision of the Grievance Board may be appealed only to the full Executive Board.
3. Deliberations and Decisions.
A. Confidentiality. All complaints and grievances, and all deliberations of the Grievance Board, shall be kept in strictest confidence by members of the Grievance Board. Hearings of the Grievance Board shall be closed to the public.
B. Decisions. Every effort shall be made to respond to complaints and grievances in an expeditious manner under the circumstances. Decisions of the Grievance Board shall be rendered within one week after the completion of hearings on a matter. All parties to the complaint or grievance and the President of the Club shall be notified in writing of the decision rendered by the Grievance Board within two weeks after completion of hearings on the matter.
C. No Retribution. It is the policy of the Club that no coach seek or exact retribution against any player due to the making of any complaint or grievance. Without limiting the preceding sentence, a player’s position or playing time shall not be adversely affected because of a complaint or grievance by the player or member of the player’s family. Any violations of this policy should be reported to the Club Ombudsman.
4. Appeals
A. Validity and Eligibility. To be valid and eligible for consideration, each appeal must:
(1) Describe in full detail the grounds for the appeal;
(2) Be accompanied by three (3) copies of any information to be presented by witnesses and/or supporting documents;
(3) Be provided by first class mail and post-marked, as well as (with respect to copies available in electronic form) e-mailed, no later than midnight of the sixth business day after the date of notice of the decision of the Grievance Board giving rise to the appeal, to the President of the Club at his home, and to the other party or parties;
(4) Pertain to a decision rendered by the Grievance Board;
(5) Be initiated by a party directly affected by the decision under appeal. An affected party, as used throughout this Rule, is defined as a player, coach and/or other member who was a party to the decision under appeal; and
(6) Include all information necessary to allow a fair and just decision.
B. Non-Conformance. Appeals not filed within the required time limit, or which have been submitted without written details or without a copy being sent to the opposing party or parties, or otherwise not in full conformity with Rule 4(A) of these Rules, may be rejected without consideration.
C. Conflict of Interest. If a member of the Executive Board is connected with the team or with the aggrieved party or a person against whom the complaint or grievance is directed (other than the Executive Board), he/she shall recuse himself or herself from participating in the appeal.
D. Burden. The appellant shall bear the burden of showing that the decision being appealed from is clearly erroneous.
E. Evidence. No new evidence may be presented on appeal to the Executive Board unless circumstances have materially changed, or new facts are discovered that were unavailable at the time of the original hearing. In such case, the Executive Board may allow that such new evidence be presented to it provided all parties to the appeal have been given notice and are prepared to respond to the materially changed circumstances or previously unavailable or undiscovered facts.
F. Stay of Grievance Board Decision. A decision rendered by the Grievance Board from which an appeal is taken may be suspended by the Executive Board only upon written application by the appellant which accompanies the notice of appeal and the finding by the Officers of the Club of good cause shown. Good cause shown may only be made upon a unanimous vote of the Officers of the Club not having a conflict of interest and a written decision which specifically states that there is a strong likelihood of success upon the appeal and that circumstances are present which clearly show that the appellant will suffer irreparable harm unless the decision from which the appeal is taken is suspended pending the determination of the appeal. The decision of the Officers of the Club regarding suspension of the decision pending determination of the appeal shall be final and may not be further appealed.
G. Limited Relevancy. No decision of a referee, and no other decision which arises out of the application of the rules of competition which is made in the course of the competition and has no consequence beyond the competition as herein defined, shall be appealable. For the purposes of this policy, the term “competition” may include games, tournaments, league play or a regular season.
H. Appeal. Decisions of the full Executive Board shall be final and binding, except as an appeal with respect to a player is otherwise required to be granted under the rules of the United State Youth Soccer Association or United States Soccer Federation.
