Proposed Bylaw Changes For USA Judo

Dec. 11, 2019, 6:17 p.m. (ET)

Motion to approve the proposed Bylaw amendment to Section 5.2 Voting by adding the text in red. Change to be posted on the USA Judo Website for 30 days and assuming there are no further comments from the members, change to be effective January 12, 2020.


Current:

Section 5.2. Voting.

Members of USA Judo shall have no voting rights or privileges in the governance or other activities and affairs of USA Judo except as may pertain to the nomination and election of directors as specified in Article 6 of these Bylaws.  Voting may take place by mail, facsimile, electronic voting, electronic mail, internet, other electronics means or by any combination of these methods. An individual may belong to more than 1 of the membership categories referred to in Section 5.1. However, an individual is only eligible to vote in 1 membership category. Any individual who is a member of more than 1 membership category shall designate to USA Judo in writing at least 30 days prior to election the membership category in which he or she shall vote.

Proposed: 

Section 5.2. Voting.

Members of USA Judo shall have no voting rights or privileges in the governance or other activities and affairs of USA Judo except as may pertain to the nomination and election of directors as specified in Article 6 of these Bylaws.  Voting by members may be conducted by mail, by facsimile transmission, by electronic message, by any other electronic means, or by any combination of these methods, as selected by the Nominating Committee, notwithstanding the reference in Article 6 of these Bylaws to election by Group members at the annual USA Judo Assembly. An individual may belong to more than 1 of the membership categories referred to in Section 5.1. Qualified members may vote in both a 5.1 individual category (athlete, coach, referee) as well as the representative for the given organizational category (Group A, Group B/C) when multiple categories are simultaneously up for vote during USA Judo elections.


Current:

Section 5.4. Suspension and Termination of Membership.

The membership of any member or group member may be terminated at any time with cause by the Board of Directors. A member shall have the right to a hearing prior to termination.

Proposed:

Section 5.4. Suspension and Termination of Membership.

The membership of any member or group member may be suspended or terminated at any time with cause by the Board of Directors. A member shall have the right to a hearing prior to termination.


Current:

Section 9.5. Tenure.

The term for all standing and other committee members shall be 1 year except as otherwise provided, however, a committee member shall remain on the committee until the committee member's successor is appointed, or until the committee member's earlier resignation, removal, incapacity, disability or death. The term for all task force members shall be until their assignment is concluded, but in any event shall not exceed a period of 1 year.

  1. The term for all Nominating Committee members shall be two years and serve for no more than two consecutive terms (4 years). For a Nominating Committee member whose initial term is less than 1/2 year, his or her initial term of service shall constitute a full 1 year term.

Proposed:

Section 9.5. Tenure.

The term for all standing and other committee members shall be 1 year except as otherwise provided, however, a committee member shall remain on the committee until the committee member's successor is appointed, or until the committee member's earlier resignation, removal, incapacity, disability or death. The term for all task force members shall be until their assignment is concluded, but in any event shall not exceed a period of 1 year, with the exception of the Nominating Committee which shall allow up to two consecutive three year terms for a total of six years served.

  1. The term for all Nominating Committee members shall be three years and serve for no more than two consecutive terms (6 years). For a Nominating Committee member whose initial term is less than 1/2 year, his or her initial term of service shall constitute a full 1 year term.

Current:

Section 9.15. Athlete Performance Committee.

The Athlete Performance Committee shall be appointed and have the responsibilities as follows:

  1. The Board of Directors shall appoint the members of the Athlete Performance Committee and its chair.
  2. The Athlete Performance Committee shall provide advice and recommendations to the CEO (and to the Board of Directors when requested) as to the following matters and shall perform such other duties as assigned by the Board of Directors:

Proposed

Section 9.15. High Performance Committee.

The High Performance Committee shall be appointed and have the responsibilities as follows:

  1. The Board of Directors shall appoint the members of the High Performance Committee and its chair.
  2. The High Performance Committee shall provide advice and recommendations to the CEO (and to the Board of Directors when requested) as to the following matters and shall perform such other duties as assigned by the Board of Directors:

Current:

ARTICLE 12
USOC ATHLETES' ADVISORY COUNCIL

Section 12. 1 Designation

USA Judo shall have a representative and an alternate representative to the USOC Athletes' Advisory Council, who will be elected by the USA Judo Elite Athletes, as defined in Article 11 of these Bylaws.

Section 12.2. Qualifications.

Those individuals who have represented the United States as athletes in the Olympic Games, the Pan American Games, World Championships or at an Operation Gold event (or the current USOC-equivalent designated for that year) in the sport of judo within the 10-year period prior to December 31 of the year in which the election is held shall be eligible to run for election to the USOC Athletes' Advisory Council. Additionally, in order to be eligible to run for election, an individual shall be a citizen of the United States and 18 years of age or older by December 31 of the year in which the election is held.

Section 12. 3. Election.

An individual who wishes to run for election to the USOC Athletes' Advisory Council and to be placed on the ballot shall obtain at least ten (10) signatures of support from USA Judo Elite Athletes. The Elite Athletes will elect the USOC Athletes' Advisory Council representative in accordance with procedures to be established by USA Judo. The election shall take place after conclusion of the Summer Olympic Games, but prior to January 1 of the year following the Summer Olympic Games. The individual with the highest vote total is elected as athlete representative to the USOC Athletes' Advisory Council. The individual with the second highest vote total of the opposite gender (as is required by the USOC Athletes' Advisory Council), is elected as the alternate representative to the USOC Athletes' Advisory Council.

Section 12. 4. Tenure.

The term for all representatives to the USOC Athletes' Advisory Council shall be for 4 years. A representative shall remain on the USOC Athletes' Advisory Council until the representative's successor is elected and qualified, or until the representative's earlier resignation, removal, incapacity, disability or death.

Section 12. 5. Term Limits.

No representative to the USOC Athletes' Advisory Council shall serve for more than 2 consecutive terms. There is no is term limit restriction for the position of alternate representative.

Proposed:

ARTICLE 12
USOPC ATHLETES' ADVISORY COUNCIL

Section 12. 1 Designation

USA Judo shall have a representative and an alternate representative to the USOPC Athletes' Advisory Council, who will be elected by the USA Judo Elite Athletes, as defined in Article 11 of these Bylaws.

Section 12.2. Qualifications.

Those individuals who have represented the United States as athletes in the Olympic Games, the Pan American Games, World Championships or at an Operation Gold event (or the current USOPC-equivalent designated for that year) in the sport of judo within the 10-year period prior to December 31 of the year in which the election is held shall be eligible to run for election to the USOPC Athletes' Advisory Council. Additionally, in order to be eligible to run for election, an individual shall be a citizen of the United States and 18 years of age or older by December 31 of the year in which the election is held.

Section 12. 3. Election.

An individual who wishes to run for election to the USOPC Athletes' Advisory Council and to be placed on the ballot shall obtain at least ten (10) signatures of support from USA Judo Elite Athletes. The Elite Athletes will elect the USOPC Athletes' Advisory Council representative in accordance with procedures to be established by USA Judo. The election shall take place after conclusion of the Summer Olympic Games, but prior to January 1 of the year following the Summer Olympic Games. The individual with the highest vote total is elected as athlete representative to the USOPC Athletes' Advisory Council. The individual with the second highest vote total of the opposite gender (as is required by the USOPC Athletes' Advisory Council), is elected as the alternate representative to the USOPC Athletes' Advisory Council.

Section 12. 4. Tenure.

The term for all representatives to the USOPC Athletes' Advisory Council shall be for 4 years. A representative shall remain on the USOPC Athletes' Advisory Council until the representative's successor is elected and qualified, or until the representative's earlier resignation, removal, incapacity, disability or death.

Section 12. 5. Term Limits.

No representative to the USOPC Athletes' Advisory Council shall serve for more than 2 consecutive terms. There is no is term limit restriction for the position of alternate representative.


Current:

ARTICLE 13
USOC NATIONAL GOVERNING BODIES' COUNCIL

Section 13.1. Designation.

USA Judo shall have a representative and an alternate representative to the USOC National Governing Bodies' Council.

Section 13.2. Election/Selection.

The Chief Executive Officer shall be USA Judo's representative to the USOC National Governing Bodies' Council. The President shall be USA Judo's alternate representative to the USOC National Governing Bodies' Council.

Proposed:

ARTICLE 13
USOPC NATIONAL GOVERNING BODIES' COUNCIL

Section 13.1. Designation.

USA Judo shall have a representative and an alternate representative to the USOPC National Governing Bodies' Council.

Section 13.2. Election/Selection.

The Chief Executive Officer shall be USA Judo's representative to the USOPC National Governing Bodies' Council. The President shall be USA Judo's alternate representative to the USOPC National Governing Bodies' Council.


Current:

Section 14. 3 Manner of Filing.

The complainant shall file the complaint with the USA Judo Ethics and Grievance Committee. The complaint shall set forth in clear and concise language, preferably in numbered paragraphs: (i) the alleged violation, grievance, denial or threat to deny, and (ii) the remedy requested. The complainant shall sign the complaint under oath.

Proposed

The complainant shall file the complaint with the USA Judo Ethics and Grievance Committee. The complaint shall set forth in clear and concise language, preferably in numbered paragraphs: (i) the alleged violation, grievance, denial or threat to deny, and (ii) the remedy requested. The complainant shall sign the complaint under oath. With regard to complaints related to athlete safety (ie. SafeSport), USA Judo recognizes it can be difficult to report an allegation of misconduct and strives to remove as many barriers to reporting as possible. Anonymous reports related to SafeSport incidents may be made without the formality of completing an Incident Report Form:

  • by completing the Reporting Form without including their name; or
  • by expressing concerns verbally to the USA Judo Safe Sport Coordinator.

Anonymous reporting may make it difficult for USA Judo to investigate or properly address allegations.


Current:

Section 14.4 Filing Fee.

A complaint filed by an individual shall be accompanied with a filing fee in an amount to be established from time-to-time by the Board of Directors. A complaint filed by an organization shall be accompanied with a filing fee in an amount to be established from time-to-time by the Board of Directors; provided, however, that USA Judo is not required to pay a filing fee. The complainant may request that the filing fee be reduced or waived for reasons of significant financial hardship. If such request is made, the Ethics & Grievance Committee shall determine whether or not to reduce or waive the filing fee.

Proposed

Section 14.4 Filing Fee.

A complaint filed by an individual shall be accompanied with a filing fee of $250. (this excludes any athlete safety (ie. SafeSport)-related complaints which will NOT be charged a filing fee). A complaint filed by an organization shall be accompanied with a filing fee in an amount to be established from time-to-time by the Board of Directors; provided, however, that USA Judo is not required to pay a filing fee. The complainant may request that the filing fee be reduced or waived for reasons of significant financial hardship. If such request is made, the Ethics & Grievance Committee shall determine whether or not to reduce or waive the filing fee.


Current:

Section 14. 7 Administration.

The Ethics and Grievance Committee shall generally administer and oversee all administrative grievances and right to compete matters filed with USA Judo. The Ethics and Grievance Committee shall be responsible to ensure that all complaints are heard in a timely, fair and impartial manner. The Ethics and Grievance Committee may promulgate rules or procedures in addition to those set forth in these Bylaws for the effective administration of complaints filed with USA Judo.

Proposed

Section 14. 7 Administration.

The Ethics and Grievance Committee shall generally administer and oversee all administrative grievances and right to compete matters filed with USA Judo. The Ethics and Grievance Committee shall be responsible to ensure that all complaints are heard in a timely, fair and impartial manner. The Ethics and Grievance Committee may promulgate rules or procedures in addition to those set forth in these Bylaws for the effective administration of complaints filed with USA Judo. The most current Ethics & Grievance Committee Procedures can be found here on the USA Judo Website:  https://www.teamusa.org/usa-judo/about-us/governance/usa-judo-ethics


Current:

Section 14. 8 Hearing Panel.

Upon the filing of a complaint, the Chair of the Ethics & Grievance Committee, after consultation with the other Committee members, shall appoint a Hearing Panel consisting of three (3) individual to hear the complaint. The Ethics and Grievance Committee shall also appoint a chair of the Hearing Panel. Ethics and Grievance Committee members may be appointed to and serve on the Hearing Panel. Other disinterested individuals identified by the Ethics and Grievance Committee may also be appointed to and serve on the Hearing Panel. At least 1 member of the Hearing Panel shall be an athlete. Members of the Hearing Panel need not be members of USA Judo or involved in the sport of judo.

Proposed

Section 14. 8 Hearing Panel.

Upon the filing of a complaint, the Chair of the Ethics & Grievance Committee, after consultation with the other Committee members, shall appoint a Hearing Panel consisting of three (3) disinterested individuals, without conflict of interest, to hear the complaint. The Ethics and Grievance Committee shall also appoint a chair of the Hearing Panel. Ethics and Grievance Committee members may be appointed to and serve on the Hearing Panel. Other disinterested individuals identified by the Ethics and Grievance Committee may also be appointed to and serve on the Hearing Panel. At least 1 member of the Hearing Panel shall be an athlete. Members of the Hearing Panel need not be members of USA Judo or involved in the sport of judo.


Current:

Section 14.12. Decision.

A decision shall be determined by a majority of the Hearing Panel. The Hearing Panel's decision shall be in writing and distributed to the parties. The Hearing Panel's decision will be final and binding upon the parties unless a party is entitled to seek arbitration as referred to in Section 14.13.

Proposed

Section 14.12. Decision.

A decision shall be determined by a majority of the Hearing Panel. The Hearing Panel's decision shall be in writing and distributed to the USA Judo Board of Directors. The Board of Directors may, in its sole discretion without regard to any recommendation received from the Committee, deviate from the above-designated types of discipline from time-to- time, as it determines that the circumstances warrant.


Current:

Section 14.13. Arbitration.

Any party may pursue arbitration with the American Arbitration Association in the event the decision involves the opportunity of the party to participate or to seek to participate in a protected competition, as referred to in and in accordance with applicable provisions of the Sports Act and the USOC Bylaws.

Proposed

Section 14.13. Arbitration.

USA Judo agrees to submit to binding arbitration conducted under the commercial rules of the American Arbitration Association, in any controversy involving its recognition as a national governing body, as provided in the Ted Steven’s Act, or in any controversy involving the opportunity of any athlete, coach, trainer, manager, administrator, or official to participate in Athletics competition, as provided for in the constitution and bylaws of the USOC.


 

Please direct any questions to Keith Bryant at Keith.Bryant@usajudo.us