Dispute Resolution AYSO Volunteers Thanks for the Leadership and Management You Give to Your Region – its Players, Parents, Coaches, Referees, Volunteers and Community. 2014 2 Introductions • • • • • • Instructors How many of you are RCs? How many of you are ADs? How many of you are SDs? How many of you are Regional Board Members? How many of you are Area staff? 2014 3 A Perspective on Due Process …but we have to get it RIGHT! AYSO Disputes Due Process 2014 4 Our Goal To provide Region, Area and Section managers with an understanding of the management organization and the processes to use for dispute resolution and limiting, suspending or removing/terminating a Non-Executive Member from their participation in the organization. 2014 5 Our Goal This course will expand the ability of Regional and Area Board Members to deal with serious personnel problems and give them the tools and procedures to determine the appropriate discipline and to afford Non-Executive Members their due process and appeal rights. 2014 6 Our Objectives That AYSO Managers (RC, AD, SD and others) will have • Awareness of the various tools available to deal with difficult situations and amicably resolve disputes. • Awareness of the differences between Executive and Non-Executive Members. • Awareness of the tools available to properly provide due process when it is necessary to limit, suspend or terminate the involvement of a Non-Executive Member from AYSO. 2014 7 “You Can’t Make This Stuff Up” Please write on your paper about your situation 1) Overall summary of the situation 2) Who is involved (don’t use real names) 3) What happened (facts to tell the story) 4) Short Term Impact 5) Possible Long Term Impact 6) What actions were taken to resolve 2014 8 Determining When Discipline Requires Due Process and Identifying Non-Executive Members Entitled to Due Process 2014 9 Executive vs. Non-Executive Members • Who are the Executive Members? • Who are the Non-Executive Members? 2014 10 Executive vs. Non-Executive Members • Who are the Executive Members? – RCs, ADs, SDs – voting members, nominated by their local governance, and appointed by the National Board of Directors – thus can only be removed by the NBOD. – Members of the NBOD and appointed Special Directors and are also Executive Members. 2014 11 Executive vs. Non-Executive Members “Non-Executive Members” are entitled to due process if their participation in AYSO will be limited, suspended or terminated by imposing the proposed discipline or sanction. – These individuals are non-voting members of AYSO appointed by their local governance for a certain period of time (normally for a one-year term), and have a current volunteer application on file with the National Office. 2014 12 Executive vs. Non-Executive Members • Who are the Non-Executive Members? 1. All Region, Area and Section personnel who are registered volunteers (including all Board, Members, and volunteer positions), but excluding Executive Members. 2014 13 Executive vs. Non-Executive Members 2. Players (and their parents and guardians) - Registered players are non-voting members of AYSO - In addition, although a player’s parents are not “members” of AYSO unless they are registered volunteers, they should be afforded due process if their participation at their player’s AYSO events as a spectator will be limited, suspended or terminated. 2014 14 Executive vs. Non-Executive Members 3. Other spectators are NOT considered “NonExecutive Members” for purposes of determining whether they are entitled to due process if imposing sanctions and limiting their role as spectators. - If not a registered, accepted volunteer, they are not entitled to due process. - However, it may be prudent to provide due process for the spectator. 2014 15 Do you experience anger, anxiety or stress because of a difficult person in the Region? 2014 16 Have you met this person? 2014 17 True or False: Most people don’t consider themselves difficult. 2014 18 What are the factors that make people difficult? 2014 19 Difficult People Usually: • • • • • • • • • • Think they know it all Want it done their way or else Are irrational Think they are special or want special treatment Only work alone and are controlling Are disrespectful to AYSO and its philosophies Want to be in charge Always find something to complain about Are verbally abusive, intimidating, or bullying Deal with gossip or politics rather than facts These tips will help… • Keep it in perspective • Look for the lesson you can learn • Make sure the right person is handling the problem • Use the tools that AYSO provides in these difficult situations • Be positive and patient 2014 21 More Tips • Focus on the problem, NOT the person • Keep an open mind • Try to understand the other person’s point of view • Seek the other person’s ideas • End on a positive note 2014 22 Don’t … • • • • • • • 2014 React immediately; on an emotional high Be defensive Take it personally Cut the other person off Disrespect the other person Raise your voice Pre-judge people 23 AYSO provides RCs all sorts of tools/resources to help them deal with these difficult people in a positive, proactive way. 2014 24 AYSO Tool Box What are the tools and resources? 2014 25 AYSO Tools • • • • • Job descriptions RC checklist Regional Assessment Program Standard Regional Guidelines RC Orientation by the AD 2014 26 • • • • • AYSO.org eAYSO.org AYSO EXPO Reference Book Kids Zone® Standard Regional Guidelines Regional Assessment Program Job Descriptions Is there a tool that will help in each of the following situations? AYSO.org Kids Zone 2014 Six Philosophies 27 A parent is demanding at registration that her daughter be allowed to be with the same coach as last season. 2014 28 The Registrar does everything at the last minute and keeps calling you to ask questions about what he should be doing.You don’t always know. 2014 29 A parent on the sideline is asked to stop yelling at the referee, but it continues. 2014 30 I am watching a game and see that a coach plays a couple of her players only ¼ of the game. 2014 31 I am the difficult person I am dealing with. As a new RC I have no idea what I am doing. I don’t know anything about AYSO. Help! 2014 32 I have inherited a disorganized, untrained Regional Board. What is available to help them? 2014 33 There is a coach in your Region that always blames you when he loses a game. He says it is because of the way you balance the teams. 2014 34 An annoying parent is demanding to see an accounting of the Region’s finances. Should the Region give in to this request? 2014 35 The Regions around us are so much more organized than we are. My Regional board is getting discouraged by the complaints we keep getting from coaches, referees and parents. 2014 36 Our Treasurer insists on keeping cash on hand from registration and our concession stand for “last minute” expenses. 2014 37 A parent accuses you of making up all of these “rules” and claims a town program should be able to do whatever it wants. 2014 38 Regions should seek to resolve all disputes involving people in an amicable fashion. AYSO Tool Box Use all the tools available to you. 2014 39 Guidelines to Keep in Mind in Issuing Discipline 1. The minimum rather than the maximum remedy should always be considered. Difficulties should be minimized and localized. 2. Avoid punishing players for the “sins” of their parents except where there is no other solution (for example, where the parent refuses to cease his or her disruptive conduct). 2014 40 Guidelines to Keep in Mind in Issuing Discipline 3. Do not wipe out years of good memories of AYSO and good service to AYSO by use of the removal/suspension procedure. It is a last resort. Voluntary resignation is preferable in most cases. 4. If there is a dispute between a volunteer and the Regional Commissioner, the RC should not act as arbiter in the matter. 5. Banishing a parent or other adult from AYSO events may not be enforceable if the events are held on 2014 public property. 41 Guidelines to Keep in Mind in Issuing Discipline 6. Do not publicize the procedure beyond those persons who need to know and respect the privacy of the individuals involved. 7. Remember to keep your CVPA informed of issues and review proceedings. 8. Keep your AD (SD or Board Liaison) informed of review proceedings. Contact the Risk Management Coordinator at the National Office (who can then refer the issue to the Legal Commission’s Due Process Task Force) for advice as to how to handle 2014 a specific situation. 42 Problems Should Be Handled Early and Fairly • Regions should seek to resolve all disputes involving people in an amicable fashion • Compromise is preferable to more severe forms of resolution • Almost all problems can be addressed without the need for a formal process 2014 43 Remedies vs. Due Process Checklist • Resolving conflict with a Coach, Referee, Board Member, other volunteer, parent or player • A simple checklist to help determine when to seek expert advice 2014 44 Remedies vs. Due Process Checklist What are some types of things that can be done to help people handle and remedy dayto-day problems if they are identified early and handled fairly? 2014 45 Remedies vs. Due Process Checklist –Evaluation –Education/Training –Mentoring –Counseling –Warnings 2014 46 Let’s take an 10 minute break – don’t be late! 2014 47 Due Process = Notice + Opportunity to be Heard + Must be FAIR 2014 48 Why Is Due Process Necessary ? 2014 49 Why Is Due Process Necessary ? • To ensure that all of the facts are identified and reviewed, and fair consideration has been offered to the member. • To allow all parties the opportunity to tell their side of the story. • To avoid the possibility of disciplining an innocent person. 2014 50 Why Is Due Process Necessary ? • To ensure that the discipline administered is appropriate in terms of the alleged offense (not arbitrary and capricious). • To protect confidentiality. • To avoid litigation/lawsuits. • To ensure the final outcome of the difficult situation is a WIN – WIN for everyone involved. 2014 51 Why Is Due Process Necessary ? • Who is “everyone” in the final outcome of a difficult situation? • The process constitutes an “internal administrative proceeding” pursuant to California administrative law. We will refer to the process as a “review proceeding” in this course. 2014 52 Seven Key Steps in Due Process 1. Fact-finding: Determine the facts using an independent investigator. 2. The facts must be reviewed by one of two options: Option 1 – The RC conducts the review Option 2 – A Review Panel conducts the review 2014 53 Seven Key Steps in Due Process 3. The opportunity to be heard. The person(s) involved need to tell their side of the story. 4. A decision is recommended to the RC – no discipline, limit, suspend or terminate. 5. Written notification must be given to the person regarding the decision. 2014 54 Seven Key Steps in Due Process 6. If limited, suspended or terminated, the person has the right of appeal. 7. The appeal is reviewed by the AD to confirm due process was provided and that the sanction was not arbitrary or capricious (grossly unfair under the circumstances). 2014 55 The EYE Chart Alias: The Due Process Flow Chart (not for those with eye and mental challenges – stay with us. We promise you will be home before the clock strikes and your total change into a … just hang in there!) 2014 56 2014 57 Due Process and Appeal The Due Process Flow Chart – Grey: Fact-finding – Pink: RC makes decisions – Yellow: RC provides due process – Green: Review Panel provides due process – Blue: Appeal process 2014 59 Grey – Fact finding 2014 60 Yellow RC chooses to provide due process 2014 61 Green – RC chooses to have a Review Panel conduct review 2014 62 Blue – Appeal to next higher level (AD or SD) 2014 63 2014 Forming A Review Panel • Consider designating and training in advance so trained volunteers available to appoint to Review Panel as need arises • These volunteers can also • Be trained to help with other day-to-day conflict resolution in Region (e.g., mentoring, observing, providing additional training, etc.) • Be used to assist in fact-finding investigations into incidents as they arise in Region 2014 65 Forming A Review Panel • • • • Odd number Disinterested panel members RC appoint chairperson RC/AD should not be part of Review Panel – RC likely appointed for ‘perspective’ of others – RC has authority to conduct review by self, so doesn’t need to be on Review Panel [yellow boxes] – AD (or SD) should stay neutral since may need to review on appeal 2014 66 Forming A Review Panel Discourage Having Entire Regional Board Conduct a Review • Respect privacy of individuals involved • Regional Board review can cause division/taking sides • Inefficient management - Board Members have own work 2014 67 The Model Region 2014 68 Trial Run – Group Activity • In your groups apply the seven steps and flow-chart to your “difficult” situation or use a situation provided by your instructor. You have 20 minutes to deciding whether or not you will restrict, suspend or terminate the volunteer. • There will be 15 minutes for groups to present and explain their decisions and show how they followed the seven steps and flow-chart. 2014 69 The Seven Steps of Due Process 1. Fact-finding 2. Two options: • • RC conducts the review or Review Panel 3. Opportunity to be heard 4. Recommendation to the RC • no discipline… limit…suspend …or terminate 5. Written notification 6. Right of appeal 7. Appeal is reviewed by the AD to confirm due process was provided 2014 70 Re-Cap • • • • • 2014 What makes people difficult? What tools does AYSO offer at your disposal? Who is the Non-Executive Member? What are the final tools? Why do we offer due process? 71 Re-Cap • What are the seven key steps to follow to ensure due process? • What does each of the four colors of the flow chart mean? • What is the rule of thumb for any disciplinary action? • What are you taking from this course? 2014 72 Ready, Set, Go! Manage, Lead and Have Fun! 2014 73