A. General:
1. Any grievance shall be filed in writing within thirty (30) days following the date on which the alleged violation occurred, except that if the alleged violation is based on falsification of any information, such written grievance shall be filed within thirty (30) days after discovery.
2. Any written grievance shall be mailed first class, certified, or registered mail to the Chairman of the Grievance Committee of USTA Southern, c/o the USTA Southern Executive Director. The date of filing is the postmarked date. Absent good cause shown, grievances not mailed within 30 days are barred.
3. All grievance and grievance appeal actions arising out of USTA Southern Adult League programs shall be administered according to appropriate league regulations of USTA and USTA Southern.
B. Preliminary Screening of Grievances:
1. When a written grievance is filed charging that any player, person who is associated with a player (including but not limited to parents and coaches), official, or tournament staff member has violated any of the following,
(a) The Constitution of USTA or Articles of Incorporation of USTA Southern
(b) The Bylaws, Rules and Regulations of USTA or USTA Southern
(c) The standards of good conduct, fair play and good sportsmanship of USTA or USTA Southern
(d) The Rules of Tennis,
the Grievance Committee Chairman shall forward all pertinent information to the Grievance Committee who must then determine if a violation of (a), (b), (c) or (d) above has occurred. The Chairman shall determine the schedule for completing this determination.
2. If the Committee makes a unanimous determination that no violation occurred, or that any alleged violation can not be substantiated, the Chairman shall immediately notify all concerned parties that the grievance action has been dismissed.
C. Grievance Committee Procedures:
1. Barring a unanimous determination described in paragraph B, 2 above, the Chairman of the Grievance Committee shall cause a copy of the written complaint to be mailed by certified mail, return receipt requested, to the last known address of such person or organization along with notice that it has been received by the Chairman and request a written response to be furnished to the Chairman within twenty (20) calendar days after receipt of the grievance.
2. The Chairman, after receipt of the response to the grievance, shall promptly fix a time and place for a committee conference. After Committee deliberation the Grievance Committee Chairman shall promptly notify all parties, in writing, of the Committee’s decision. The Grievance Committee shall have the power to impose any of the following penalties:
(a) Reprimand in writing
(b) Place such person(s) or organization(s) upon probation under such terms and conditions as the Committee may deem appropriate. (Violation of any of the terms of probation shall constitute grounds for the imposition of additional penalties).
(c) Suspend such person(s) or organization(s) from participating in any tournaments or other events under the committee’s jurisdiction which is sanctioned by the USTA, USTA Southern or its State Associations. In the event of an egregious act involving bodily injury or the threat thereof by the person against whom the grievance is filed, said person may be immediately suspended from participating in any tournaments or other events sanctioned by USTA Southern, pending the outcome of the grievance.
(d) Loss of sanction
(e) Impose a fine not to exceed $1000
(f) Any combination of the above.
D. Appeals of Grievance Committee Decisions
1. Any party(s) against whom a penalty is imposed by the Grievance Committee may appeal the Committee decision. Any appeal of a Grievance Committee decision shall be made in writing to the USTA Southern Executive Committee within fifteen (15) days after the postmarked date of the written notice of decision of the Grievance Committee. Absent good cause shown, appeals received after this specified time will not be accepted. Notice of appeal shall be addressed to the President of USTA Southern, c/o the USTA Southern Executive Director requesting review by the Executive Committee.
2. In lieu of a review by the full Executive Committee, the President may appoint a Special Appeal Committee of no less than three Executive Committee members. The Executive Committee or the Special Appeal Committee shall promptly review the decision of the Grievance Committee and may hear such further evidence as it, in its absolute discretion, deems appropriate. If a hearing is held, the Chairman shall decide whether such hearing shall be held telephonically or in person.
3. Following this review, the Executive Committee or the Special Appeal Committee shall prepare a written decision that includes findings of fact and mail the decision to the person against whom the grievance was filed, the person who filed the grievance and to such other persons as the Executive Committee or Special Appeal Committee shall deem appropriate. The Executive Committee or Special Appeal Committee shall have power to affirm, modify, or reject the decision of the Grievance Committee but may not impose any harsher penalty. The decision of the Executive Committee or Special Appeal Committee shall be final and binding, except as indicated in paragraph D, 4 below.
4. Any suspension of six months or longer imposed by the USTA Southern Grievance Committee, and upheld by the USTA Southern Executive Committee or Special Appeal Committee, is eligible for further appeal to the USTA Grievance Appeal Committee in accordance with the Bylaw 43 of the USTA.
E. Effective Date
The effective date of any grievance or appeal decision shall be the postmarked date of mailing of such decision unless otherwise stated.