A&D 101

A&D 101A&D 101A Beginner’s Guide to A Beginner’s Guide to

understanding the A&D understanding the A&D processprocess

An OutlineAn Outline

Grasping a different conceptGrasping a different concept What defines Due ProcessWhat defines Due Process Why is Due Process importantWhy is Due Process important Receipt of complaintReceipt of complaint Notification of HearingNotification of Hearing Selecting a committeeSelecting a committee Hearing preparation and proceduresHearing preparation and procedures

Outline (continued)Outline (continued)

Hearing guidelines and Hearing guidelines and recommendationsrecommendations

Reaching a determinationReaching a determination Notification of findingsNotification of findings The right to appealThe right to appeal ReviewReview QuestionsQuestions

Grasping the conceptGrasping the concept

Fair hearingsFair hearings A listening to facts and evidence, for the A listening to facts and evidence, for the

sake of adjudication; a session of a court sake of adjudication; a session of a court for considering proofs and determining for considering proofs and determining issuesissues

Members may set some rulesMembers may set some rules Not personally motivatedNot personally motivated Is it presented or did you have to Is it presented or did you have to

chase it?chase it? Err on the side of the accusedErr on the side of the accused

Due ProcessDue Process Rights of the partiesRights of the parties

Notice of all specific charges or alleged violations in Notice of all specific charges or alleged violations in writing and possible consequences if the charges are to writing and possible consequences if the charges are to be found true;be found true;

Reasonable time between receipt of the notice of charges Reasonable time between receipt of the notice of charges and the hearing within which to prepare a defense;and the hearing within which to prepare a defense;

The right to have the hearing conducted at a time and The right to have the hearing conducted at a time and place so as to make it practicable for the person charged place so as to make it practicable for the person charged to attend;to attend;

A hearing before a disinterested and impartial body of A hearing before a disinterested and impartial body of fact finders;fact finders;

The right to be assisted in the preparation of one’s case The right to be assisted in the preparation of one’s case at the hearing;at the hearing;

The right to call witnesses and present oral and written The right to call witnesses and present oral and written evidence and argument evidence and argument

Due Process (continued)Due Process (continued) Rights of the parties (continued)Rights of the parties (continued)

The right to confront witnesses, including the right to be The right to confront witnesses, including the right to be provided the identity of witnesses in advance of the provided the identity of witnesses in advance of the hearing if requested;hearing if requested;

The right to have a record made of the hearing if The right to have a record made of the hearing if requested in advance, with all costs to be paid by the requested in advance, with all costs to be paid by the requestor;requestor;

A written decision, with the reasons for the decision, A written decision, with the reasons for the decision, based solely on the evidence of record issued in a timely based solely on the evidence of record issued in a timely fashion and including appeal rights and procedures;fashion and including appeal rights and procedures;

Notice of any substantive and material action of the Notice of any substantive and material action of the hearing panel in the course of the proceedings;hearing panel in the course of the proceedings;

Equality concerning communications, and no ex parte Equality concerning communications, and no ex parte communication is permitted between a party and any communication is permitted between a party and any person involved in making a decision or procedural person involved in making a decision or procedural determination except to provide explanations involving determination except to provide explanations involving procedures to be followed.procedures to be followed.

The Importance of Due ProcessThe Importance of Due Process

This defines due process and is the This defines due process and is the largest single reason for appeals largest single reason for appeals both in NTSSA and the USSF both in NTSSA and the USSF

This is the most important!This is the most important! Guaranteed by NTSSA and USSFGuaranteed by NTSSA and USSF Learn these and let them guide your Learn these and let them guide your

hearingshearings

Receipt of ComplaintReceipt of Complaint

Must be in writingMust be in writing Complaining party must be Complaining party must be

identifiableidentifiable Can not be hearsayCan not be hearsay Don’t investigateDon’t investigate Understand the difference between a Understand the difference between a

legitimate gripe and a legitimate legitimate gripe and a legitimate complaintcomplaint

Hearing NotificationHearing Notification

Needs to be in writingNeeds to be in writing Allow ample time to prepare a Allow ample time to prepare a

defensedefense Allow reschedules when appropriateAllow reschedules when appropriate Don’t discuss the upcoming hearingDon’t discuss the upcoming hearing Detail the chargesDetail the charges Include all possible rule violationsInclude all possible rule violations Include possible sanctionsInclude possible sanctions

Hearing Notification (continued)Hearing Notification (continued)

The letter must include the following:The letter must include the following: A statement of the reason for the hearing with A statement of the reason for the hearing with

all specific charges or alleged violations in all specific charges or alleged violations in writing and possible consequences if the charges writing and possible consequences if the charges are to be found trueare to be found true

A copy of the primary complaint against the A copy of the primary complaint against the accusedaccused

The time, date, and place of the hearingThe time, date, and place of the hearing An outline of the procedures with who will be An outline of the procedures with who will be

allowed to testify and any time limits to be allowed to testify and any time limits to be imposedimposed

A date by which any written testimony is to be A date by which any written testimony is to be receivedreceived

Panel SelectionPanel Selection

Make sure the panel is impartialMake sure the panel is impartial Have varied degrees of experienceHave varied degrees of experience Try to have an odd number of voting Try to have an odd number of voting

panel memberspanel members Is the perception the committee is Is the perception the committee is

“stacked” or “fair”?“stacked” or “fair”?

Hearing PreparationHearing Preparation

All parties should have copies of the All parties should have copies of the same informationsame information

Make the time and place appropriateMake the time and place appropriate Ensure the settings are comfortableEnsure the settings are comfortable Ensure the room conveys fairness Ensure the room conveys fairness

and impartialityand impartiality Detail the procedures to be followedDetail the procedures to be followed

Hearing ProceduresHearing Procedures

Make introductions and take Make introductions and take attendanceattendance

Review the chargesReview the charges Allow equal time and opportunityAllow equal time and opportunity Include time for questionsInclude time for questions Detail when and how the committee Detail when and how the committee

will render a decisionwill render a decision Above all, be fairAbove all, be fair Adjourn the hearingAdjourn the hearing

RecommendationsRecommendations

Take personal notes, not minutesTake personal notes, not minutes Even if a record is being madeEven if a record is being made

Limit time rather than a number of Limit time rather than a number of people who can speakpeople who can speak

Accused should always be presentAccused should always be present Insist on proper decorumInsist on proper decorum Keep the hearing on taskKeep the hearing on task Advise parties of their appeal rightsAdvise parties of their appeal rights

Making a DecisionMaking a Decision

Don’t be too hard or too softDon’t be too hard or too soft Does the punishment fit the offense?Does the punishment fit the offense? Is the decision to teach or to ban?Is the decision to teach or to ban? Detail your findings (tell why)Detail your findings (tell why) Define any parameters of suspension Define any parameters of suspension

or probationor probation Reference local rules for guidanceReference local rules for guidance

Decision NotificationDecision Notification

Must be in writing and include:Must be in writing and include: Decision of CommitteeDecision of Committee Rules applied to reach the decision Rules applied to reach the decision Appeal rights including fee, time frame Appeal rights including fee, time frame

for filing, and method of appealfor filing, and method of appeal Send a copy to NTSSASend a copy to NTSSA Even if the decision is given Even if the decision is given

verbally it must be followed up in verbally it must be followed up in writingwriting

The Right to AppealThe Right to Appeal

No one likes to have their decision No one likes to have their decision overturnedoverturned

All parties have the right to appealAll parties have the right to appeal Check your bylaws for next step in Check your bylaws for next step in

appeal rightsappeal rights Clock starts when they receive the Clock starts when they receive the

decisiondecision Differentiate appeals and protestsDifferentiate appeals and protests