Dispute Resolution AYSO Volunteers Thanks for the Leadership and Management You Give to Your Region...
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Transcript of Dispute Resolution AYSO Volunteers Thanks for the Leadership and Management You Give to Your Region...
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