USA Ultimate

I.                    INTRODUCTION

This Conduct Policy (this "Policy’) defines a code of conduct for members of the USA Ultimate (the "USAU") community, details the bodies that manage matters related to conduct, and describes the procedures for addressing conduct violations and sanctions relating to conduct violations. The primary means for dealing with disputes is direct discussion between the persons or teams involved. The USAU applauds the maturity its members regularly exhibit in resolving their own disputes and correcting their own misdeeds, and celebrates the general irrelevancy of this very Policy. However, in the rare circumstance where formal redress is needed, this Policy takes effect.

Beyond its own rules, the USAU expects all players to abide by the laws, regulations and statutes of the jurisdiction in which they participate, whether at USAU-sanctioned events or not. The USAU, its officers, directors, agents, affiliates and members will cooperate fully with the relevant authorities to ensure compliance with such laws, regulations and statutes.

Though much of this document deals with inappropriate conduct, it is crucial to note that good conduct is appreciated and commended by the USAU through its several awards recognizing individuals and teams which uphold and demonstrate the Spirit of the Game, through the Spirit of the Game fund, and by continually reinforcing the notion of sportsmanship and respect. In addition, teammates and opponents alike express their appreciation of fair and respectful play. Finally, good conduct is its own reward!

II.                 DEFINITIONS

A.                 "Acting Disciplinary Authority" means any tournament director, Tournament Rules Group ("TRG"), certified Observer, Sectional or Regional Coordinator, State Youth Coordinator, Regional Youth Director, National Director, member of the USAU Administration performing his/her duties in some specific capacity, officer or agent of the USAU, or some other USAU-appointed individual or group charged with decision-making regarding conduct pertaining to a specific USAU event or program in progress.

B.                 "Administration" or "Staff Member" refers to the staff of the USAU.

C.                 "Board of Directors" or "Board" shall mean the full Board of Directors of the USAU.

D.                 "Conduct Committee" means a committee comprised members of the Board of Directors and a minimum of one (1) Staff Member. The Conduct Committee will oversee matters of discipline and conduct pursuant to the terms of this Policy and the Bylaws of the USAU.

E.                  "Conduct within the USAU" shall have the meaning set forth below in Section III.B which includes, but is not limited to, a player's or a team's actions, statements, written words, and documents in dealing with an Acting Disciplinary Authority, officers, volunteers and staff of the USAU.

F.                  "Conduct within the Ultimate Community" shall have the meaning set forth below in Section III.C.

G.                 "Initial Determination" means the initial action recommended by the appropriate Staff Member upon reviewing a formal complaint submitted pursuant to Section IV.B.

H.                 "On-Field Conduct" refers to the actions of players and teams during the course of a tournament or other USAU event and is not limited to actions during a game.

I.                    "Player" and "member" both refer to any member of the USAU, except where otherwise noted.

III.               CODE OF CONDUCT

USAU members are expected to behave in a manner consistent with the mission of the organization while (a) on the playing field, (b) interacting with the administration and officers of the USAU, and (c) dealing with the greater ultimate community. The same expectations exist for teams and other groupings of members.

A.                 On-Field Conduct

Players and teams are expected to treat one another with respect, to conduct themselves in a safe and orderly manner, and, while playing, to adhere to the rules of ultimate as well as to any tournament and site regulations, including the USAU Policy on doping.

On-field violations may therefore include (with the clause being violated appearing in parentheses), but are not limited to, abusive heckling (respect), spiking the disc on another player (respect, safety), dangerous play (safety), spitting at another player (respect), cheating (rules), deliberate fouling (rules), reckless behavior at a tournament party (order, safety), drinking on the sidelines when prohibited (site regulations), taunting (respect), and violence against another player (respect, order, safety).

Repeated, excessive or deliberate inappropriate conduct constitutes a violation of this conduct Policy. An individual instance of inappropriate conduct may also warrant sanctioning by the Conduct Committee if the action is sufficiently severe. Such a sanction may be in addition to any penalties imposed by an Acting Disciplinary Authority, such as a TRG or Head Observer. Acting Disciplinary Authorities and the Conduct Committee operate independently.

B.                 Conduct within the USAU

Players and teams are expected to be truthful and respectful in their dealings with the Administration and Staff Members of the USAU, in addition to complying with USAU rules and deadlines.

Violations of conduct occur upon the breach of these expectations. Violations of conduct within the USAU may therefore include, but are not limited to, filing a fraudulent roster; hacking the USAU Website; supplying fraudulent membership data to the USAU; hosting a USAU-sanctioned tournament but excluding a team from competition based on a personal grievance with the captain; theft of privileged information from the USAU or its directors, officers or administrators; obstructing an agent of the USAU from performing his/her duty; and libel against a director, organizer or administrator regarding USAU-related activity. For example, a player who groundlessly accuses a Board member of embezzlement while being interviewed live on television may violate this Code of Conduct on the grounds of slander, even if that player later recants while off camera.

Tournament directors, members of the Administration of the USAU, and other such USAU-appointed individuals or groups may serve as Acting Disciplinary authorities regarding violations of conduct within the USAU, provided the conduct pertains to an event or process reasonably under their jurisdiction. For example, Sectional and Regional Coordinators are Acting Disciplinary Authorities for conduct within the USAU regarding the appropriate championship series in their sections and regions, respectively. A Regional Coordinator who finds that a team has filed a fraudulent roster may exclude that team from competition. As another example, the director of membership in the Administration has the authority to deny membership to an applicant who submits a fraudulent membership form.

C.                 Conduct within the Ultimate Community

Players are expected to act consistently with the mission of the USAU to advance the sport of ultimate. Actions inimical to the mission are violations of conduct. Such violations may include, but are not limited to, libel against ultimate players or organizers in the printed media, obscene acts on televised media featuring ultimate, and vandalism or other destructive behavior toward an ultimate facility. 

D.                 Other Regulatory Codes

Note that an Acting Disciplinary Authority may adopt any number of approved regulatory schemata (such as the "Misconduct System" used by Observers) for administering penalties within the course of a tournament or other USAU event. Such regulatory guides must conform to this overarching Code of Conduct. Actions resulting in penalties administered through the application of such systems do not constitute conduct violations unless a complaint is filed by the Acting Disciplinary Authority or an eyewitness member and the Conduct Committee deems them to be violations. Likewise, actions that are not penalized under such systems may still be held violations of the Code of Conduct upon complaint and review, and thus are subject to sanctioning under this Policy.

The Code of Conduct described here applies to all USAU members in every disc-related activity, as well as to all dealings with the USAU Administration including but not limited to, USAU Staff Members and volunteers. The Head Observer is judging on-field behavior by the same standards as is the Tournament Rules Group ("TRG") or the Conduct Committee. Different authorities may have additional rules to enforce which are unrelated to the USAU Code of Conduct, however. For example, a team's showing up late for a game may merit a point penalty from a TRG or Head Observer while constituting no breach of the Code of Conduct. Note, too, that these several disciplinary bodies may impose different sanctions for the same conduct violation. For example, the "Misconduct System" that an Observer might employ delineates a strict set of penalties, whereas the Board or Conduct Committee is not so narrowly bound in its sanctions.

IV.              ENFORCEMENT OF THE CONDUCT POLICY

Alleged violations of Section III (Code of Conduct) set forth above shall be reviewed two ways. For conduct that occurs during USAU sponsored or sanctioned event or program in progress, expedited resolution may be required and, as a natural result, the review and appeal process is necessarily limited to real-time review. Alleged violations of this Policy that do not need to be resolved during a USAU sponsored or sanctioned event, may be reviewed through a formal complaint-defense-appeal-process. 

A.                 Enforcement During a USAU Event or Program in Progress

An Acting Disciplinary Authority may, as necessary, impose sanctions or penalties for violations of this Policy to ensure expedient administration of its duty in anticipation of or during a USAU event. For example, a tournament director has the authority to eject a violent player from a tournament. 

More than one Acting Disciplinary Authority may have jurisdiction over an event. In such case, communication and coordination between the multiple Acting Disciplinary Authorities with jurisdiction is encouraged to ensure that consistent results are achieved and the appropriate course of action is determined. 

Notwithstanding the foregoing, in the event that disagreements between multiple Acting Disciplinary Authorities at a particular event arise, the highest level Acting Disciplinary Authority who is ascertainable and reachable during an event shall make the final decision. For example, during a national series event a decision by the National Director overrules a decision made by the Regional Coordinator or Regional Youth Director, a decision made by the Regional Coordinator or Regional Youth Directory overrules a decision by the Sectional Coordinator, State Youth Director, or tournament director in matters regarding discipline. A decision by the Sectional Coordinator or State Youth Coordinator or overrules a decision by the tournament director in matters regarding discipline. However, for USAU sanctioned events, the highest level Acting Disciplinary Authority may be the tournament director whose decision during an event may be final. For other events or programs in progress such as national team tryouts, USAU sanctioned events and tournaments and USAU sponsored events other hierarchies may exist and apply.

1.                  Initiating and Carrying Out the Enforcement Process

An Acting Disciplinary Authority may act on his or her own initiative to impose sanctions or penalties for violations of this Policy. In addition, an individual may allege a complaint against a player or team by directly contacting the appropriate Acting Disciplinary Authority, who may act upon the complaint as he or she sees fit. Due to the time sensitive nature of the situation, no written complaint is necessary. 

2.                  Immediate Appeal of an Acting Disciplinary Authority’s Decision

Generally, if a higher level Acting Disciplinary Authority is ascertainable and reachable during the event, a USAU member may appeal the initial decision made by the lower level Acting Disciplinary Authority. For example, in a USAU national series event such as Sectionals or Regionals, an Acting Disciplinary Authority’s decision may be immediately appealed to the National Director of the appropriate division, either in person or via telephone or email communication. If the National Director can be reached in time to make a meaningful decision on the matter, the National Director’s decision is final with respect to how to proceed during an on-going event. If the National Director cannot be reached in time to make a decision on the matter, the original Acting Disciplinary Authority’s decision stands during the on-going event.

However, in situations where there may be no clear higher level Acting Disciplinary Authority, such as a USAU sanctioned event, the Acting Disciplinary Authority decision may not be appealed. This Policy encourages USAU members to conduct themselves in a manner that is in conformance with the requirements of this Policy and to ensure quick decision-making and finality during ongoing events.

3.                  Appeal of the Acting Disciplinary Authority Decision

If the sanctions imposed by Acting Disciplinary Authority continue beyond the tournament or event where the conduct violation took place, the sanctions may be appealed by following the procedures set forth in Section B below. USAU Members may also appeal a decision which they believe was made by an Acting Disciplinary Authority unfairly or in error pursuant to the USAU Administrative Appeals Policy.

B.                 Enforcement Through a Formal Complaint

The second method by which alleged violations of this Policy are reviewed is through a more formal complaint-review-appeal process. While this process is more formal, it is understood that a particular situation may have a time-sensitive nature, and as such the timeframes set forth below may be accelerated at the discretion of the Conduct Committee to ensure that time-sensitive complaints are reviewed quickly while still being afforded the full appeal process outline below.   

1.                  Initiating the Enforcement Process

Any USAU member or group may file a complaint against any other member, group of player, team or a decision made by a Acting Disciplinary Authority if the sanctions imposed continue beyond the tournament or event where the conduct occurred. In the case of a complaint relating to on-field conduct, the complainant must be a witness to the conduct in question. An individual who hears of but does not witness offensive conduct may request an investigation by the Conduct Committee, who may act on such requests at their discretion. 

Additionally, any individual who has been suspended for longer than (1) year shall have the right to have their suspension reviewed annually by submitting a request for review to the Conduct Committee. Review of suspensions shall be heard by the Conduct Committee and shall not require an Initial Determination. The Conduct Committee’s determination shall be reviewable by the Board of Directors as set forth below.

The complainant must complete a Complaint Form (attached hereto as Exhibit A) and submit the form to the Chair of the Conduct Committee within thirty (30) days of the conduct in question. The Conduct Committee shall have the discretion to grant complainants extensions of this deadline. Multiple complaints by different parties regarding a single incident may be consolidated and treated as a single complaint.

The Conduct Committee will determine whether a complaint is sufficiently credible to warrant a hearing. In making this determination the Conduct Committee may consult with appropriate Staff Members. In the event that the Conduct Committee determines that a complaint is insufficient to warrant a hearing, it shall notify the complainant in writing of its determination. In the event the complaint is deemed credible, the Conduct Committee will inform the complainant and will also inform the defendant of the complaint, making known to him or her the allegations being charged. The defendant will have thirty (30) days, or such shorter or longer period as the Conduct Committee determines, in its sole discretion, to submit a written defense to the Conduct Committee.

2.                  Initial Determination Made by The Appropriate Staff Member

The Conduct Committee will determine the appropriate Staff Member to review the complaint, make an Initial Determination and provide a recommended course of action. The Conduct Committee will forward copies of all information it has obtained on a particular matter to the appropriate Staff Member. The Staff Member shall have the authority to conduct its own investigation to obtain further information in order to make its Initial Determination. 

The Staff Member’s Initial Determination and recommended course of action must be delivered to the Conduct Committee within thirty (30) days of receiving the defendant’s response to the allegation. This period may also be shortened or lengthened by the Conduct Committee in its sole discretion as a result of the (a) time sensitive nature of a particular issue or (b) in order to ensure that the involved parties have a meaningful opportunity to avail themselves of the full appeal process. 

 

3.         Review of the Initial Determination by the Conduct Committee

The Conduct Committee shall review the Initial Determination upon receipt. Within five (5) days of receipt, the Conduct Committee may validate the Initial Determination or reconsider the Initial Determination.

 

(a) Validation. If the Conduct Committee validates the Initial Determination, the Initial Determination shall become the final decision of the Conduct Committee. 

 

(b) Reconsideration. The conduct Committee may reconsider the Initial Determination if, in the Conduct Committee’s reasonable judgment either the Initial Determination (i) significantly departs from existing precedent; (ii) imposes sanctions that are grossly disproportionate to the violation in question (i.e., too strict or too lenient); (iii) clearly misinterprets existing rules regulations, policies or (iv) if significant new information has been presented which may affect the facts and circumstances involved in the alleged conduct violation. Reconsideration may not necessarily result in modifications of or changes to the Initial Determination. 

 

If the Conduct Committee chooses to reconsider the Initial Determination it may conduct its own independent investigation and may incorporate any new information presented into its decision-making process. 

 

The Conduct Committee’s final decision (the "Conduct Committee Decision") shall be communicated in writing to the affected parties within thirty (30) days of receiving the Initial Determination. Unless otherwise stated, the Conduct Committee Decision shall take effect immediately. This decision may be appealed to the Board of Directors as set forth below.

 

The Conduct Committee reserves the right to shorten or lengthen the time periods set forth above in its sole discretion due to either the (a) time sensitive nature of a particular issue or (b) in order to ensure that the involved parties have a meaningful opportunity to avail themselves of the full appeal process. Any changes to deadlines contained herein must be expressly communicated to the involved parties in writing immediately after the decision has been made by the Conduct Committee. 

 

During the review process the Conduct Committee may temporarily impose or suspend imposed penalties on affected parties until the matter is fully resolved. For example, this may mean that a USAU member may or may not be allowed to compete in USAU sponsored events until the final resolution of an appeal.

 

Conduct Committee decisions are based on majority vote when no consensus can be reached. In the event of a tie, the Chair of the Conduct Committee casts the deciding vote. 

 

4.                  Appeal to the Board of Directors

Any aggrieved party may appeal a decision made by the Conduct Committee, except the decision to grant the initial hearing, to the Board of Directors. Appellants may contest the decision, challenge the appropriateness of the sanction or penalty, and/or introduce compelling new evidence. Appeals that merely restate a case will be deemed frivolous and shall not be reviewed. 

Appeals must be submitted in writing to the USAU Secretary within thirty (30) days of notification of the Conduct Committee Decision. The USAU Secretary will distribute all relevant information to the Board of Directors.

Within five (5) days of receiving the appeal the Board of Directors shall either validate the Conduct Committee Decision or reconsider the Conduct Committee Decision.

(a) Validation. If the Board of Directors validates the Conduct Committee Decision, the Conduct Committee Decision shall become the final decision on the matter. 

 

(b) Reconsideration. The Board of Directors may reconsider the Conduct Committee Decision, if, in the Board of Director’s reasonable judgment the Conduct Committee Decision (i) significantly departs from existing precedent; (ii) imposes sanctions that are grossly disproportionate to the violation in question (i.e., too strict or too lenient); (iii) clearly misinterprets existing rules regulations, policies or (iv) if significant new information has been presented which may affect the facts and circumstances involved in the alleged conduct violation. Reconsideration may not necessarily result in modifications of or changes to the Conduct Committee Decision. 

 

If the Board of Directors chooses to reconsider the Conduct Committee Decision it may conduct its own independent investigation and may incorporate any new information presented into its decision-making process. If the Board of Directors chooses to reconsider the Conduct Committee Decision, it must issue its decision within thirty (30) days of receiving the appeal.

 

The Board of Directors shall communicate its decision to the relevant parties in writing. This decision is final and may not be appealed. Decisions made by the Board of Directors are based on majority vote when no consensus can be reached. In the event of a tie, the Board President casts the deciding vote. The Board’s ruling is final. Unless otherwise stated, rulings on appeal take effect immediately. 

 

V.                 SANCTIONS

A.                 Sanctions by an Acting Disciplinary Authority

An Acting Disciplinary Authority may impose sanctions necessary for the administration of its duties. Such sanctions may include, but are not limited to, ejection of a team or player from a game, tournament, or tournament series; assessment of points against a team; denial of a membership application; and denial of participation in a league or clinic.

No Acting Disciplinary Authority may suspend any player or team from participation in any event other than the immediate event, program or process being administered by that authority. The same restriction applies to probation.

B.                 Sanctions by the Board or Conduct Committee

The Board or the Conduct Committee acting as proxy is not limited in its range of sanctions, except by the requirement that the penalty be proportionate to the severity of the action or its consequences. Such sanctions may include, but are not limited to, any sanctions that an Acting Disciplinary Authority may impose, public or private censure, demand of public or private apology, demand of completion of service to the ultimate community, probation, and suspension from participation in USAU events.

Suspensions or penalties occurring for a period of time longer than one (1) year may be reviewed annually by the Conduct Committee upon request.

C.                 Publication of Decisions

The Conduct Committee and/or Board may, in their sole discretion, may publish specific or general summaries of decisions made and sanctions imposed in connection with the enforcement of this Policy for the purpose of providing guidance ("Published Guidance"). Published Guidance shall not refer specifically to the parties involved and shall be redacted to the extent practicable. Published Guidance shall be made available to the public on the USAU website.

VI. SUMMARY

The USAU expects all players to treat one another with respect, and to be truthful and considerate in their dealings within the organization and the greater ultimate community. These standards of conduct are maintained by the strong tradition of etiquette and sportsmanship within the ultimate community, and by good-faith resolutions of disputes among the parties involved.