REPORTING and HEARING PROCEDURE
Any complaint against an athlete or a coach by any RM Nordic athlete, coach or parent, upon which the complaining party desires the RM Nordic to take any action must:
1. Be submitted in writing to the Executive Committee of the RM Nordic.
2. The Complaint must identify the alleged infraction of the RM Nordic and/or USSA Code of Conduct or the I.O.C. Code of Ethics;
3.
4. The factual basis supporting the allegation must be set forth; and
5. The Complaint must be signed by the Complainant and if under the age of 18, by his or her parent or legal guardian.
Upon receipt of a Complaint, the Executive Committee will first determine if a violation of RM Nordic and/or USSA Code of Conduct or the I.O.C. Code of Ethics, has occurred. If it is determined that a violation has been alleged, the complaint will be referred to a 5 person non-biased disciplinary committee.
The disciplinary committee shall notify the coach or athlete in writing of the allegations against him.
A request for a written explanation and admission or denial of the allegations shall accompany the notification.
The athlete or coach accused of a violation of RM Nordic and/or USSA Code of Conduct or the I.O.C. Code of Ethics shall have 10 days within which to provide the requested written response.
Upon receipt of the requested written response, the disciplinary committee shall then determine whether or not there is a need to proceed further. If an admission to the alleged violation is received, the disciplinary committee may move forward and make a recommendation to the RM Nordic Executive Committee. If the disciplinary committee is able to determine from the Complaint and the Response that a violation did not occur, they should so notify the coach or athlete and complainant of their decision, again in writing. If the disciplinary committee cannot determine from the Complaint and written response whether a violation of RM Nordic and/or USSA Code of Conduct or the I.O.C. Code of Ethics has occurred the matter shall be set for hearing. Every effort will be made to schedule a hearing within 14 days of a determination by the disciplinary committee that a hearing is needed.
The Complainant and coach or athlete must both appear at the hearing or the matter will be decided in their absence. At hearing, the Complainant will go first. The accused will follow. The hearing of all cases shall be informal. The Colorado Rules of Evidence shall not be strictly applied. Either side may offer evidence and testimony from other individuals present. There will be no cross examination allowed, but either party may submit questions to the disciplinary committee to be asked of the other. The disciplinary committee is not required to ask all questions submitted and is free to ask questions of its own. The standard of proof shall be by a preponderance of the evidence.
At the conclusion of the hearing the disciplinary committee with confer and reach a determination. Within 3 days thereafter written findings shall be presented to the Executive Committee with a recommendation for sanctions, if any. Sanctions may range from a written reprimand to suspension, or in the most serious cases, to a ban from participation in the RM Nordic. The Executive Committee will then issue a written decision to the parties stating whether a violation of the RM Nordic and/or USSA Code of Conduct or the I.O.C. Code of Ethics has occurred and, if so, identifying that portion of the RM Nordic and/or USSA Code of Conduct or the I.O.C. Code of Ethics the was violated and the sanction for said violation.
Either party shall thereafter be free to appeal the decision to the USSA Board of Appeals. A stay of the sanction may be requested while the appeal is pending, but it is not incumbent upon the RM Nordic to grant said request.