USTA Southern Grievance Procedures
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 filed with the Chairman of the Grievance Committee of USTA Southern, c/o the USTA Southern Executive Director. Absent good cause shown, grievances not filed 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. This committee has no jurisdiction for such adult league program grievances.
4. All grievance and grievance appeal actions arising out of USTA Southern Jr. Team Tennis shall be administered according to the appropriate Jr. Team Tennis regulations. This committee has no jurisdiction for such Jr. Team Tennis grievances.
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 cannot 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 grievance to be sent to the last known address(es) of the party or parties accused of wrongdoing 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 take any of the following actions:
(a) Issue a written reprimand.
(b) Place any 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 any person(s) or organization(s) from participating in any tournaments or other events under the Committee’s jurisdiction which are 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) Suspend any person who is associated with the member or event, including, but not limited to, a parent, guardian, coach, official or tournament staff member.
(e) Impose loss of sanction.
(f) Impose a fine not to exceed $1000.
(g) Any combination of the above.
D. Appeals of Grievance Committee Decisions
1. Any party or parties against whom a penalty is imposed by the Grievance Committee may appeal the Committee’s decision. Any appeal of a Grievance Committee decision shall be made in writing to the USTA Southern Board of Directors within fifteen (15) days after the effective date of the 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 Board of Directors.
2. In lieu of a review by the full Board of Directors, the President may appoint a Special Appeal Committee of no less than three Board of Directors members. The Board of Directors 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. The party who appeals the Grievance Committee decision bears the costs associated with review by the Board of Directors and/or the Special Appeal Committee and must remit a payment in the amount of $250 payable to USTA Southern with his/her appeal or the appeal will not be considered. $250 will be considered full payment of the costs associated with appeal unless the President advises otherwise.
3. Following this review, the Board of Directors or the Special Appeal Committee shall prepare a written decision that includes findings of fact and send the decision to the person against whom the grievance was filed, the person who filed the grievance and to such other persons as the Board of Directors or Special Appeal Committee shall deem appropriate. The Board of Directors 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 Board of Directors or Special Appeal Committee may, in its discretion, also return the matter to the Grievance Committee for consideration of new evidence submitted during the appeal. The decision of the Board of Directors 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 is eligible for further appeal to the USTA Grievance Appeal Committee in accordance with the Bylaw 43 of the USTA.
E. Effective Dates of Filings, Responses, Notices and Decisions
All filings, responses, notices and decisions provided for herein, shall become effective in one of three ways of transmission:
1. First class, certified, or registered mail; or
2. Delivery by courier such as UPS, Federal Express, or some similar courier.
The effective dates are determined as follows:
1. For first class, certified, or registered mail, the effective date is the postmarked date; and
2. For delivery by overnight courier such as UPS, Federal Express, or some similar courier, the effective date is the date of actual delivery as proven by the signed receipt thereof.
Revised by Board of Directors 1-17-14