Policies - Code of Conduct Hearings
To establish a fair and transparent process for addressing and resolving disciplinary matters within the organization, the AYHA has developed Code of Conduct Hearing Procedures to ensure due process in accordance with the core principles of USA Hockey Bylaw 10. This policy is tailored to the specific needs of the AYHA, while maintaining adherence to the principles of fairness, transparency, and due process. All aspects of USA Hockey Bylaw are in full effect with this procedural policy.
Reporting
- The Chair of the Code of Conduct Committee shall submit a written report to MidAm for documentation purposes for all Code of Conduct hearings.
Hearing Initiation
- Disciplinary actions, including suspensions, require a formal hearing unless specific exceptions apply, such as immediate suspensions for severe misconduct as outlined in USA Hockey's guidelines.
Hearing Committee Composition
- A committee of at least three impartial individuals will oversee the hearing process. By default, this committee shall be the AYHA Executive Committee unless they are unable to meet the impartial requirement. The Vice President is responsible for conducting the hearings.
Notice and Scheduling
- Procedures outlined in Zero Tolerance Policies shall take precedence.
- Parties involved in a disciplinary matter will receive a minimum of 7 days' notice for the hearing, detailing the charges, potential consequences, and hearing logistics.
- Parties involved and coaching staff will be notified of any automatic suspensions based on rules of play (game misconduct, match penalties, etc.).
- At the discretion of the Committee, the hearing can be referred to the governing body (Mid-Am District), at which point the association is no longer handling the matter and will defer to the ruling of the governing body.
Conducting the Hearing
- Hearings must provide a fair opportunity for the accused to present their case, including evidence and witnesses. The presence of legal counsel is permitted under predefined rules.
- Hearings must be conducted in a private and professional manner.
- The Committee, the accused and any non-witness representatives will attend the meeting.
- The Committee will explain the process to the accused and get confirmation that they understand the process.
- The Committee will confirm with the accused and any representatives that they understand the charges and circumstances related to the hearing.
- The Committee will review the case and evidence presented by the accused.
- The Committee will separately interview any witnesses.
- The Committee will meet privately to determine the outcome of the hearing.
- The Committee has the option to refer the matter to the governing body. In this case all information will be collected and documented by the Chair of the Committee and sent to the appropriate governing body (Mid-Am district).
Decision-Making
- Decisions are based on a preponderance of evidence. The hearing committee aims to deliver a written decision within 15 business days of the hearing, detailing findings, conclusions, and any imposed sanctions.
Appeals
- Decisions can be appealed within 14 days of receiving a decision. Appeals should be in writing and directed to the Committee.
- The Chair of the Committee will refer all appeals to the Mid-Am district.
- All decisions from the Mid-Am district on appeal are final.
Emergency Suspensions
- In cases of severe misconduct, summary suspensions may be enacted prior to a hearing, with stipulations for a subsequent hearing to review the case in detail.
- Misconduct requiring the involvement of Law Enforcement is an immediate suspension from all activities and facilities until a hearing is scheduled and completed.
Implementation and Enforcement
- This policy applies organization-wide, for both home and away settings, and encompasses all members, ensuring alignment with USA Hockey and Mid-Am District.
- The current association, league or tournament, Mid-Am-District and USA Hockey rules are applicable in that order of precedent.
- In the event of conflicting rules or policies, USA Hockey will take precedent.
Updated Sept 28, 2024.