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Dispute Resolution

Dispute Resolution. AYSO Volunteers. Thanks for the Leadership and Management You Give to Your Region – its Players, Parents, Coaches, Referees, Volunteers and Community . Introductions . Instructors How many of you are RCs? How many of you are ADs? How many of you are SDs?

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Dispute Resolution

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  1. Dispute Resolution

  2. AYSO Volunteers Thanks for the Leadership and Management You Give to Your Region – its Players, Parents, Coaches, Referees, Volunteers and Community.

  3. 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?

  4. A Perspective on Due Process…but we have to get it RIGHT! AYSO Disputes Due Process

  5. 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.

  6. 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.

  7. 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.

  8. “You Can’t Make This Stuff Up” Please write on your paper about your situation • Overall summary of the situation • Who is involved (don’t use real names) • What happened (facts to tell the story) • Short Term Impact • Possible Long Term Impact • What actions were taken to resolve

  9. Determining When Discipline Requires Due Process and Identifying Non-Executive Members Entitled to Due Process

  10. Executive vs. Non-Executive Members • Who are the Executive Members? • Who are the Non-Executive Members?

  11. 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.

  12. 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.

  13. 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.

  14. Executive vs. Non-Executive Members • 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.

  15. Executive vs. Non-Executive Members • 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.

  16. Do you experience anger, anxiety or stress because of a difficult person in the Region?

  17. Have you met this person?

  18. True or False:Most people don’t consider themselves difficult.

  19. What are the factors that make people difficult?

  20. 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

  21. 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

  22. 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

  23. 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

  24. AYSO provides RCs all sorts of tools/resources to help them dealwith these difficult people in a positive, proactive way.

  25. What are the tools and resources? AYSO Tool Box

  26. 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®

  27. Standard Regional Guidelines Is there a tool that will help in each of the following situations? Job Descriptions Regional Assessment Program AYSO.org Reference Book • RC Checklist eAYSO Kids Zone Six Philosophies Training Manuals

  28. A parent is demanding at registration that her daughter be allowed to be with the same coach as last season.

  29. 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.

  30. A parent on the sideline is asked to stop yelling at the referee, but it continues.

  31. I am watching a game and see that a coach plays a couple of her players only ¼ of the game.

  32. 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!

  33. I have inherited a disorganized, untrained Regional Board. What is available to help them?

  34. 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.

  35. An annoying parent is demanding to see an accounting of the Region’s finances. Should the Region give in to this request?

  36. 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.

  37. Our Treasurer insists on keeping cash on hand from registration and our concession stand for “last minute” expenses.

  38. A parent accuses you of making up all of these “rules” and claims a town program should be able to do whatever it wants.

  39. Regions should seek to resolve all disputes involving people in an amicable fashion.Use all the tools available to you. AYSO Tool Box

  40. Guidelines to Keep in Mind in Issuing Discipline • The minimum rather than the maximum remedy should always be considered. Difficulties should be minimized and localized. • 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).

  41. Guidelines to Keep in Mind in Issuing Discipline • 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. • If there is a dispute between a volunteer and the Regional Commissioner, the RC should not act as arbiter in the matter. • Banishing a parent or other adult from AYSO events may not be enforceable if the events are held on public property.

  42. Guidelines to Keep in Mind in Issuing Discipline • Do not publicize the procedure beyond those persons who need to know and respect the privacy of the individuals involved. • Remember to keep your CVPA informed of issues and review proceedings. • 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.

  43. 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

  44. 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

  45. 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?

  46. Remedies vs. Due ProcessChecklist • Evaluation • Education/Training • Mentoring • Counseling • Warnings

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

  48. Due Process= Notice + Opportunity to be Heard + Must be FAIR

  49. Why Is Due Process Necessary ?

  50. 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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