Dispute Resolution

AYSO VolunteersThanks 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

AYSO

Disputes Due

Process

Due Proces

s

A Perspective on Due Process

…but we have to get it RIGHT!

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 ObjectivesThat 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 situation2) Who is involved (don’t use real

names)3) What happened (facts to tell the

story)4) Short Term Impact5) Possible Long Term Impact6) 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 “Non-Executive 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 patient2014 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 note2014 22

Don’t …

• 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 2014 23

AYSO provides RCs all sorts of tools/resources to help

them dealwith these difficult people in

a positive, proactive way. 

2014 24

What are the tools and resources?

2014 25

AYSO Tool Box

AYSO Tools• Job descriptions• RC checklist• Regional Assessment

Program• Standard Regional

Guidelines• RC Orientation by the AD

• AYSO.org• eAYSO.org• AYSO EXPO• Reference

Book• Kids Zone®

2014 26

Is there a tool that will help in each of the following

situations?

2014 27

Job Descriptions

RC Chec

klis

t

Six PhilosophieseAYSO

Regional Assessment Program

Reference Book

Standard Regional

Guidelines

AYSO.org

KidsZone

Training Manuals

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.

Use all the tools available to you. 2014 39

AYSO Tool Box

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 public property.

2014 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 a specific situation.

2014 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 process2014 43

Remedies vs. Due ProcessChecklist

• 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 ProcessChecklist

What are some types of things that can be done to help people handle and remedy day-to-day problems if they are identified early and handled fairly?

2014 45

Remedies vs. Due ProcessChecklist

–Evaluation–Education/Training–Mentoring–Counseling–Warnings

2014 46

Let’s take an 10 minute break – don’t be late!

2014 47

Due Process =

+ Opportunity to be Heard

Notice

+ 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 reviewOption 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

A

C B D

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

A Grey – Fact finding

2014 60

B

Yellow -RC chooses to provide due process

2014 61

C

Green – RC chooses to have a Review Panel conduct review

2014 62

D

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-finding2. Two options:

• RC conducts the review or• Review Panel

3. Opportunity to be heard4. Recommendation to the RC

• no discipline… limit…suspend …or terminate

5. Written notification6. Right of appeal7. Appeal is reviewed by the AD to confirm

due process was provided2014 70

Re-Cap

• 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?

2014 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