USTA/Mid-Atlantic Section Grievance Procedures

USTA/Mid-Atlantic Section Grievance Procedures

1. Filing Procedures

Any grievance involving or arising from, directly or indirectly, an alleged violation of a USTA/MAS Bylaw, Standing Order, rule, regulation, policy, or practice, including, without limitation, penalties imposed under the USTA/MAS Code of Conduct and Suspension Point System, shall be submitted in writing to the attention of either the USTA/MAS Executive Director or the Chairperson of the USTA/MAS Grievance Committee (the Chairperson). Such written grievance must be filed by the complaining party, or by the complaining party's parent or guardian, within seven (7) days of the date of the alleged violation, or such date as the alleged violation was discovered or reasonably should have been discovered. The written grievance must state with particularity all relevant facts and arguments in support of the complaining party's position.

2. Chairman Conducts Investigation and Renders Initial Decision

(a) Upon receipt of a written grievance, the Chairperson shall conduct an investigation reasonably sufficient, in his or her absolute discretion, to ascertain the relevant facts and reach a fair decision consistent with the text and underlying intent of the USTA/MAS Bylaw, Standing Order, rule, regulation, policy, or practice in question. The Chairperson shall have the power to take such action as he or she deems appropriate, including, without limitation, the power to suspend a player for a specific period of time or expel a player from USTA/MAS sanctioned tournament play.

(b) Within fourteen (14) days after receiving a written grievance, the Chairperson shall complete his or her investigation and issue a written decision to all relevant parties, including the USTA/MAS Executive Director. Such written decision shall set forth relevant facts and reasons forming the basis of the Chairperson's decision.

3. Appeals to Full Grievance Committee

(a) The Chairperson's decision shall be considered final and binding unless a written notice of appeal is filed with the USTA/MAS Executive Director within forty-eight (48) hours after receipt of the Chairperson's decision. The notice of appeal shall include: (i) a copy of the written grievance; (ii) a copy of the Chairperson's decision; and (iii) any other additional facts, evidence, or other written submission the aggrieved party would like to be considered on appeal.

(b) Upon receipt of a written notice of appeal, the USTA/MAS Executive Director shall notify the members of the USTA/MAS Grievance Committee and shall promptly fix a time and place for an appellate hearing. Such hearing may be conducted through the use of any means of communication by which all parties may simultaneously communicate with each other during the hearing. The appealing party shall be permitted no more than thirty (30) minutes to present evidence to the Grievance Committee. The Chairperson shall not be involved in the appellate hearing, except to answer specific questions from the Grievance Committee concerning the grievance at issue.

4. Decision by Full Grievance Committee

(a) The Grievance Committee, by majority vote, shall affirm, modify, reverse, or remand the decision of the Chairperson as it deems appropriate and shall promptly issue a written decision to the relevant parties, including the USTA/MAS Executive Director. Such written decision shall describe the relevant facts and reasons forming the basis of the Committee's decision.

(b) The decision of the Grievance Committee shall be final and binding, except that any suspension of thirty (30) days or more, or expulsion from USTA/MAS sanctioned tournament play, may be immediately appealed to the USTA/MAS Board of Directors in accordance with Section 5.

5. Limited Appeal to Board of Directors

(a) Any player who has been suspended for a period of thirty (30) days or more, or expelled from USTA/MAS sanctioned tournament play, may appeal such decision of the Grievance Committee to the Board of Directors. Such appeal shall be filed in writing with the USTA/MAS Executive Director addressed to the attention of the Board of Directors within forty-eight (48) hours after receipt of the Grievance Committee's decision.

(b) Upon receipt of a written notice of appeal, the USTA/MAS Executive Director shall notify the members of the Board of Directors. The President of the USTA/MAS shall promptly fix a time and place for an appellate hearing. Such hearing may be conducted through the use of any means of communication by which all parties may simultaneously communicate with each other during the hearing.

(c) The appealing party shall be permitted no more than fifteen (15) minutes to present evidence to the Board of Directors. The Chairperson of the Grievance Committee shall not be involved in the appellate hearing, except to answer specific questions from the Board of Directors concerning the grievance at issue.

6. Final Decision by Board of Directors

(a) In considering appeals initiated pursuant to Section 5 above, the Board of Directors, by majority vote, shall affirm, modify, reverse, or remand the decision of the Grievance Committee as it deems appropriate and shall promptly issue a written decision to the relevant parties, including the USTA/MAS Executive Director. Such written decision shall describe the relevant facts and reasons forming the basis of the decision of the Board of Directors.

(b) The decision of the Board of Directors shall be final and binding.

7. Complaints Arising out of the USTA League Tennis program

(a) Notwithstanding the foregoing, any grievance or complaint arising out of the USTA League Tennis program shall be governed by the separate, written regulations and procedures applicable to that program.

(b) For purposes of Section 3.01A(2) of the USTA League Tennis Regulations (regarding Area and Sectional Grievance Committees), the USTA/MAS League Committee shall serve as the Sectional League Grievance Committee, except that Fair Play Grievances as defined from time to time by national protocol are heard by a committee consisting of the Section Chairperson plus two other individuals qualified by background and training to evaluate such claims.

(c) For purposes of Section 3.01B(2) of the USTA League Tennis Regulations (regarding Area and Sectional Grievance Appeal Committees), the USTA/MAS Grievance Committee shall serve as the Sectional League Grievance Appeal Committee.

(d) For purposes of Section 3.04 of the USTA League Tennis Regulations (regarding Appeal Committees),

(i) Appeals of year-end computer ratings are done online by selecting the automatic appeal button. There the request will either be granted or denied and there is no further recourse.

(ii) Request for Review of NTRP disqualifications occurring during the course of a Sectional League Championship are heard by a committee chosen by the Sectional League Coordinator.

(e) Decisions of a Grievance Appeals Committee or NTRP Appeals Committee are final and binding, with no further right of appeal.

USTA/Mid-Atlantic Section Grievance Procedures