Dispute Resolution PowerPoint Presentation

Report
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
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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
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A Perspective on Due Process
…but we have to get it RIGHT!
AYSO
Disputes
Due
Process
2014
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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.
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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.
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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.
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“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
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Determining When Discipline
Requires Due Process and
Identifying Non-Executive
Members Entitled to Due Process
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Executive vs. Non-Executive
Members
• Who are the Executive Members?
• Who are the Non-Executive Members?
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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.
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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.
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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.
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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.
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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
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Do you experience anger,
anxiety or stress because of a
difficult person in the Region?
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Have you met this person?
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True or False:
Most people don’t consider
themselves difficult.
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What are the factors that
make people difficult?
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Difficult People Usually:
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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
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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
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Don’t …
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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
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AYSO provides RCs all sorts of
tools/resources to help them deal
with these difficult people in a
positive, proactive way.
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AYSO Tool Box
What are the tools and
resources?
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AYSO Tools
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Job descriptions
RC checklist
Regional Assessment Program
Standard Regional Guidelines
RC Orientation by the AD
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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
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Six Philosophies
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A parent is demanding at
registration that her daughter be
allowed to be with the same coach
as last season.
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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.
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A parent on the sideline is asked to
stop yelling at the referee, but it
continues.
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I am watching a game and see that
a coach plays a couple of her
players only ¼ of the game.
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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!
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I have inherited a disorganized,
untrained Regional Board.
What is available to help them?
2014
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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
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An annoying parent is demanding
to see an accounting of the
Region’s finances. Should the
Region give in to this request?
2014
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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.
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Our Treasurer insists on keeping
cash on hand from registration and
our concession stand for “last
minute” expenses.
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A parent accuses you of making up
all of these “rules” and claims a
town program should be able to
do whatever it wants.
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Regions should seek to resolve all
disputes involving people in an
amicable fashion.
AYSO Tool Box
Use all the tools available to you.
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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).
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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.
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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.
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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
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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
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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?
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Remedies vs. Due Process
Checklist
–Evaluation
–Education/Training
–Mentoring
–Counseling
–Warnings
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Let’s take an 10 minute break –
don’t be late!
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Due Process = Notice
+ Opportunity to be Heard
+ Must be FAIR
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Why Is Due Process Necessary ?
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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.
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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.
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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.
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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
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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.
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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).
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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!)
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2014
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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
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Grey – Fact finding
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Yellow RC
chooses
to
provide
due
process
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Green –
RC
chooses
to have a
Review
Panel
conduct
review
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Blue –
Appeal
to next
higher
level
(AD or
SD)
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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
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Forming A Review Panel
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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
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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
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The Model Region
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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.
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The Seven Steps of Due Process
1. Fact-finding
2. Two options:
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RC conducts the review or
Review Panel
3. Opportunity to be heard
4. Recommendation to the RC
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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
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Re-Cap
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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?
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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
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Ready, Set, Go!
Manage, Lead and Have Fun!
2014
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