POLICY III - GRIEVANCE POLICY

revised: April 16, 2024

This Grievance Policy (“Policy”) addresses the resolution and hearing process for Administrative Grievances and Opportunity to Participate Matters brought by USA Cycling (“USAC”) members. This Policy also addresses Disciplinary Actions and Temporary Measures matters initiated by USAC.

This Policy does not address, among other things, how to report violations of USAC’s Safe Sport Program or the U.S. Center for SafeSport’s Code for the Olympic and Paralympic Movement. For more information on how to report a Safe Sport violation, please click HERE.

ARTICLE I. DEFINITIONS/ADMINISTRATION OF MATTERS

Section 1. Types of Matters.

A. USAC may administer the following types of matters pursuant to this Policy:

1. Administrative Grievances. Any complaint against USAC by a member alleging that USAC has violated USAC’s Bylaws, rules, policies, or procedures, Section 8 of the United States Olympic and Paralympic Committee (“USOPC”) Bylaws, or Sections 220522-220525 of the Ted Stevens Olympic and Amateur Sports Act (the “Sports Act”).
2. Opportunity to Participate Matters. Any complaint against USAC by a member athlete, coach, trainer, manager, administrator, or official alleging denial or the threat of denial, by USAC, of that athlete, coach, trainer, manager, administrator, or official’s opportunity to participate in amateur athletic competition.
3. Disciplinary Actions. A matter involving an alleged violation of one or more of USAC’s Bylaws, rules, policies, or procedures, brought by USAC against a member, if the proposed sanction would suspend or limit the member’s opportunity to participate in amateur athletic competition or in the activities or affairs of USAC. Disciplinary Actions do not include matters specifically excluded under Article IV, Section 4.
4. Temporary Measures. Any matter where USAC seeks to limit a member’s opportunity to participate in amateur athletic competition on an interim basis pending the resolution of a Disciplinary Action.

B. Complaints in each type of matter must be filed pursuant to the specific procedures set forth below.

Section 2. Definitions.

A. Claimant. The individual or entity bringing a complaint. In Administrative Grievances and Opportunity to Participate Matters, the Claimant is the member bringing the complaint. In Disciplinary Actions and Temporary Measures matters, the Claimant is USAC.

B. Respondent. The individual or entity responding to a complaint. In Administrative Grievances and Opportunity to Participate Matters, the Respondent is USAC. In Disciplinary Actions and Temporary Measures matters, the Respondent is a USAC member.

ARTICLE II. GENERAL HEARING PROCEDURES

Section 1. Initiation.

A. Hearing procedures in Administrative Grievance and Opportunity to Participate Matters are initiated when the Claimant properly files a complaint as described in Article III, below. For these matters, the date of proper filing shall be the date of “Initiation.”

B. Hearing procedures in a Disciplinary Action or Temporary Measures matter are initiated when a Respondent timely requests a hearing as described in Articles IV and V, below. For these matters, the date of the Respondent’s timely request for a hearing shall be the date of “Initiation.”

Section 2. Hearing Panel Appointment.

A. Upon USAC’s receipt of a properly filed complaint in an Administrative Grievance or Opportunity to Participate Matters, or upon USAC’s receipt of a timely request for a hearing in a Disciplinary Actions or Temporary Measures matter, USAC shall:

1. appoint a panel of three (3) disinterested and impartial individuals, at least one of whom shall be an athlete representative in accordance with the requirements of the USOPC Bylaws, to hear the matter (the “Hearing Panel”); and
2. name one of the individuals on the Hearing Panel (each, a “Panelist”) as Chair of the Hearing Panel (the “Chair”).

Section 3. Hearing Panel Disclosures and Challenges; Replacement.

A. Any person appointed as a Panelist shall disclose to the Chair (and the Chair shall prepare their own disclosure of) any actual or potential conflict of interest in the matter, including any bias or any financial or personal interest in the result of the matter or any past or present relationship with the parties or their representatives, within five (5) days of the date of Panelist’s appointment.

B. Upon receipt of such information from the Panelists, the Chair will communicate the information to the parties. The parties shall have five (5) days from such communication to object to the Panelist’s continued service on the basis of such information by submitting their objection in writing to the Ethics Committee at compliance@usacycling.org.

C. Upon timely objection of a party to the continued service of a Panelist, the Ethics Committee shall determine whether the Panelist will be disqualified, pursuant to Section 9(d) of USAC’s Conflicts of Interest Policy. Such objection, if not raised within the time set out under subsection (B), must be based on information not available to the party at that time. In the latter instance, failure of a party to raise an objection within a reasonable time after that party becomes aware of the potential basis for disqualification may result in waiver of such objection.

D. In the alternative to subsection (C), above, a Panelist shall have the option to recuse themselves upon a party’s objection to their continued service.

E. If a Panelist is disqualified or becomes unable to serve in a matter, the CEO (or their designee) shall replace the Panelist with another disinterested and impartial individual, who will be subject to the disclosure requirements in this Section 3.

Section 4. Possible Dismissal of Complaint.

If the Respondent contends that the Hearing Panel lacks jurisdiction over the matter, or that there is some other procedural or jurisdictional defect that would preclude a hearing on the merits, or that the grievance fails to state a claim upon which relief can be granted or is otherwise legally deficient, it may move to dismiss the Complaint. Such motion to dismiss shall set forth the grounds for dismissal and must be filed within fifteen (15) days after the date of Initiation. The Claimant will be given the opportunity to file a response in opposition to the Respondent’s motion to dismiss, and the Respondent will be given the opportunity to file a reply. The Hearing Panel will determine whether to have oral argument on the motion to dismiss.

Section 5. Answer.

If no motion to dismiss is filed, the Respondent will file an answer to the allegations within fifteen (15) days after the date of Initiation. If the Hearing Panel finds against the Respondent with respect to its motion to dismiss, the Respondent will file an answer to the Complaint within fifteen (15) days after the Hearing Panel issues its decision on the motion to dismiss. If no answer is filed within the stated time, the Respondent will be deemed to have denied the allegations.

Section 6. Exchange of Exhibits, Witness Lists, Prehearing Briefs.

The Hearing Panel shall set the deadlines for exchanging witness lists and evidence to be presented at the hearing, as well as any prehearing briefs.

Section 7. Time and Place of Hearing.

The Hearing Panel will select the time and place for the hearing, consistent with the need to efficiently resolve the matter and to provide the parties with adequate time to prepare. In any event, the hearing shall be scheduled not more than ninety (90) days after the appointment of the Hearing Panel, unless the Hearing Panel determines that for good cause a longer period is necessary.

Section 8. Time Periods.

A. The Hearing Panel may shorten all time periods as it deems necessary and appropriate to render a decision promptly under the circumstance and taking into consideration any related deadline(s), forthcoming competition(s), event(s), and whether the Claimant significantly delayed initiating the matter without substantial justification or for strategic advantage. The Hearing Panel may also extend all time periods for good cause and as it deems necessary and appropriate. If the Hearing Panel has not yet been appointed, USAC may shorten or extend all time periods pursuant to this subsection (A).

B. In computing any period of time, the last day of the period so computed will be included, unless it is a Saturday, Sunday, or federal holiday, in which event the period runs until the end of the next business day.

Section 9. Expedited Procedures.

A. Upon the request of a party, and provided that it is necessary to expedite the proceeding to resolve a matter relating to a Protected Competition, as defined under the USOPC Bylaws, or other competition for which USAC selects athletes, coaches, trainers, managers, administrators, or officials to participate and represent the United States, that is so scheduled that compliance with regular procedures would not be likely to produce a sufficiently early decision to do justice to the affected parties, the Hearing Panel is authorized to hear and decide the matter according to such procedures as are necessary but fair to the parties involved. In considering whether to expedite the proceeding, the Hearing Panel may consider whether the Claimant significantly delayed initiating the matter without substantial justification or for strategic advantage.

B. In such an expedited case, before the Hearing Panel is appointed, USAC may shorten any time periods as it deems necessary and appropriate.

Section 10. Manner of Hearing.

A real-time hearing will be conducted at a time and place that all parties are able to attend. Hearings shall be held by telephone, video conference, or other similar electronic means whereby all parties participating may hear each other during the hearing. The Chair will communicate information about the hearing schedule to all parties.

Section 11. Fair Process.

The parties will be afforded fair process, including but not limited to the following: the opportunity for each party to (i) in the case of a Respondent, prepare a defense within a reasonable time before a hearing, (ii) receive evidence within a reasonable time to prepare their position in the matter, (iii) present oral or written evidence, and (iv) present such factual or legal claims as may be relevant to their respective claim(s) or defense(s).

Section 12. Right to a Representative.

Every party has the right to be represented by an attorney or other representative of their choosing in any proceeding under this Policy. However, each party shall pay its own legal and/or representation fees in all proceedings under this Policy. No Hearing Panel shall have the authority to award attorneys’ fees as part of any remedy.

Section 13. Recording the Hearing.

A. Notice of Stenographer. Any party desiring a stenographic record of all or a portion of the hearing must notify the other parties and the Hearing Panel of the request at least three (3) days in advance of the start of the hearing. The transcript will be provided to the Hearing Panel upon the Hearing Panel’s request and made available to the other parties by a date and time determined by the Hearing Panel, with the costs of the stenographer and transcription to be borne by the requesting party, unless both parties request a stenographic record be made, then the costs will be divided equally between the parties.

B. Notice to Record Proceeding. A party desiring that the hearing be recorded through the application or software that is being utilized for the hearing shall notify the other parties and the Hearing Panel at least three (3) days in advance of the start of the hearing. The recording will be provided to the Hearing Panel upon the Hearing Panel’s request and made available to the other parties by a date and time determined by the Hearing Panel with the costs of the recording, if any, to be borne by the requesting party, unless both parties request a recording be made, then the costs will be divided equally between the parties.

C. No Other Recording. No party may record the proceedings except pursuant to subsections (A) and (B), above, unless permitted by the Hearing Panel.

Section 14. Burden of Proof.

In the conduct of a hearing, the burden of proof shall be upon the Claimant to prove their allegations by a preponderance of the evidence.

Section 15. Decision of the Panel.

A. Decisions on the merits of the matter and the form of remedies, including the nature and extent of discipline, shall be determined by a majority vote of the Hearing Panel. The Hearing Panel shall report its decision on the merits in writing within thirty (30) days of the conclusion of the hearing; provided, however, that if necessary due to time constraints, the Hearing Panel may render its decision orally or in writing without reasoning, to be followed by a written reasoned decision as soon as practicable.

B. The decision shall be sent to the parties and the CEO (or their designee).

Section 16. Informal Resolution/Mediation.

For all matters under this Policy, USAC may attempt to informally resolve the dispute at any time. An informal resolution will be in writing and will be considered a final disposition of the matter.

ARTICLE III. ADMINISTRATIVE GRIEVANCES AND OPPORTUNITY TO PARTICIPATE MATTERS

Section 1. Complaint.

A. For Administrative Grievances and Opportunity to Participate Matters, the Claimant shall use USAC’s Complaint Form to file a complaint, which can be accessed HERE. The Claimant is responsible for ensuring that the required information is included. The Complaint Form may designate specific information that is required, in addition to the information required in subsection (B), below.

B. The complaint must include:

1. The full name and identifying membership information of the Claimant;
2. The complaint will outline in clear and concise language, preferably in numbered paragraphs:
3. the alleged grounds of violation or noncompliance;
4. the USAC Bylaw, rule, policy, or procedure, or provision of the USOPC Bylaws or Sports Act alleged to have been violated; and
5. the remedy requested.
6. The Claimant will sign the complaint and provide their current contact information on the form, including a preferred email address.
7. In Opportunity to Participate Matters, the Claimant shall submit a list of individuals they believe may be adversely affected by the outcome of the proceeding.

C. The Claimant shall have the option to submit, with the complaint, supporting documentation for the allegation(s) in the complaint.

Section 2. Filing.

A. Complaints must be submitted in writing to USAC’s CEO (or their designee) and Board Chair at: legal@usacycling.org and bod@usacycling.org.

B. The Claimant must pay a $300 filing fee by check addressed to USA Cycling at 210 USA Cycling Point, Suite 100, Colorado Springs, CO 80919.

Section 3. Additional Provisions for Opportunity to Participate Matters.

A. Affected Parties.

1. In Opportunity to Participate Matters, within seven (7) days of Initiation, USAC shall submit a list of individuals it believes may be adversely affected by the outcome of the proceeding.
2. The Hearing Panel has the ultimate authority to determine which individuals will be included in the pool of affected parties, and affected parties will be notified of the proceeding, along with a copy of the complaint and supporting documents.
3. Any individual identified as an affected party and so notified of the complaint will have the option to participate in the proceeding as a party. If an individual is notified of the complaint, then that individual will be bound by the decision of the Hearing Panel regardless of whether the individual chooses to participate.

B. Statute of Limitations.

All Opportunity to Participate Matter complaints must be filed within one hundred eighty (180) days of the alleged date of denial, and the competition that is the subject of the dispute must still be upcoming.

ARTICLE IV. DISCIPLINARY ACTIONS

Section 1. Alleged Violation(s).

A. Scope. This Section 1 applies to actions brought by USAC alleging violations of USAC’s Bylaws, rules, policies, or procedures, with the exclusion of matters under Section 4, below. Please note that this Section 1 shall not apply to allegations under USAC’s Safe Sport Program or reports made pursuant to USAC’s Reporting, Response, and Resolution Policy. Reports under USAC’s Safe Sport Program should be made pursuant to USAC’s Reporting, Response, and Resolution Policy, which can be found HERE.

B. Initial Review. If USAC is alerted, or determines on its own initiative, that a member may have violated USAC’s Bylaws, rules, policies, or procedures, then it may gather such information and/or conduct an investigation as may be relevant to determine whether a violation occurred.

C. Determination. After conducting the initial review and any subsequent information gathering or investigation, USAC shall make a determination whether a violation has occurred.

D. Notice. If USAC determines that a violation occurred, it shall send notice of its determination to the member. The notice shall describe the allegations (including the alleged violation(s)), the proposed sanctions to be imposed, and the opportunity to request a hearing (if applicable under subsection (E), below). If the proposed sanctions are not subject to dispute under subsection (E), below, then such sanctions shall take effect immediately, unless otherwise stated in the notice.

E. Dispute of Determination. If the proposed sanctions would suspend or limit the member’s (Respondent’s) opportunity to participate in amateur athletic competition or in the activities or affairs of USAC, then the Respondent shall have ten (10) days from the date of the notice under subsection (D), above, to submit a written request for a hearing to dispute the alleged violation(s). In the alternative, the Respondent may request a hearing solely on the issue of sanctions, in which case the Respondent will be deemed to have admitted to the alleged violation(s). If the Respondent fails to request a hearing by the deadline, the alleged violation(s) shall be deemed accepted and the proposed sanctions shall take effect.

Section 2. Hearing.

A. If the Respondent requests a hearing pursuant to Section 3(E), above, USAC shall refer the matter for a hearing pursuant to Article II.

B. In matters under USAC’s Safe Sport Program, if the Respondent makes a written demand for a hearing within the deadline set by the Safe Sport Program, USAC shall refer the matter for a hearing pursuant to Article II.

Section 3. Penalties Imposed by Other Entities; Abeyance.

USAC shall honor the sanction(s), suspension(s), or other disciplinary action(s) imposed on any USAC member by the UCI, USOPC, the U.S. Center for Safe Sport, USADA, and/or WADA. USAC may, where appropriate, hold in abeyance a Disciplinary Matter proceeding pending a proceeding before the UCI, USOPC, the U.S. Center for Safe Sport, USADA, and/or WADA.

Section 4. Exclusions.

This Article IV shall not apply to alleged violations of USAC’s Bylaws, rules, policies, or procedures which by their terms are to be resolved by different procedures or through different bodies, such as matters handled by the USAC Ethics Committee.

ARTICLE V. TEMPORARY MEASURES

Section 1. Temporary Measures.

A. In the case of Disciplinary Actions pending final resolution (including, but not limited to, matters referred to the U.S. Center for SafeSport), USAC may impose temporary measures on the individual accused of violations to ensure the safety or well-being of others or for the good of the sport of cycling. Where the allegations or potential harm to the safety or well-being of others are sufficiently serious, USAC may immediately implement temporary measures.

B. To the extent anything in this Section 1 conflicts with USAC’s Reporting, Response & Resolution Policy regarding temporary measures, the Reporting, Response & Resolution Policy shall control.

Section 2. Provisional Hearing.

A. If the temporary measures would suspend or limit the individual’s (Respondent’s) opportunity to participate in amateur athletic competition, then within seventy-two (72) hours of notice of the imposition of such measures, the Respondent may request a provisional hearing.

B. If the Respondent timely requests a provisional hearing pursuant to Section 2(A), above, USAC shall refer the matter for a provisional hearing pursuant to Article II. The provisional hearing will be treated as an Expedited Procedure under Article II, as modified in this Article V.

C. The provisional hearing will be held on an expedited basis. If the temporary measures have already been imposed, then, to the extent possible, the provisional hearing will be held within seventy-two (72) hours after USAC receives timely notice of the request for a hearing.

Section 3. Standard of Review.

The provisional hearing is not a full hearing on the merits, and the allegations of misconduct by Respondent will be accepted as true for purposes of the provisional hearing. The sole issue before the Hearing Panel is whether there is reasonable cause to impose the temporary measures.

ARTICLE VI. EXCLUSIONS

The following decisions and proceedings shall not be reviewable through, or the subject of, this Policy:

A. Anti-Doping Violations. A decision concerning an anti-doping rule violation adjudicated by USADA, WADA, or the UCI.

B. U.S. Center for SafeSport Decisions. A decision concerning a Safe Sport violation adjudicated by the U.S. Center for SafeSport.

C. Field of Play Decisions. Claims by a member of error in the interpretation or application of the racing rules or the application of a penalty, or any other claim arising in the course of a USAC- or UCI-sanctioned event, which was, or could have been, the subject of a protest to the Chief Referee, Chief Judge, or a race jury, including without limitation, the imposition of penalties such as relegation, additional time, disqualification, or the imposition of a fine of less than $500.

D. Board of Directors Decisions. Claims concerning specific action(s) or inaction(s) by the Board of Directors in the direction or management of USAC.

ARTICLE VII. OTHER MATTERS

Section 1. No Retaliation.

A. Neither USAC nor any USAC member, employee, coach, referee/official, officer, board member, or any other individual affiliated with USAC shall retaliate against an individual for filing a complaint or making a report under this Policy, or for participating in a proceeding under this Policy, in good faith.

B. Additional prohibitions on retaliation, and protection for whistleblowers, are contained in USAC’s Whistleblower and Anti-Retaliation Policy, which can be found HERE.

Section 2. Arbitration.

USAC agrees to submit to binding arbitration in any controversy involving the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition upon the demand of the USOPC or any aggrieved amateur athlete, coach, trainer, manager, administrator, or official using an established major national provider of arbitration and mediation services based in the U.S. and designated by the USOPC with the concurrence of the Team USA Athletes’ Commission and the National Governing Bodies’ Council, as required by Section 220522(4)(B) of the Sports Act.

Section 3. Office of the Athlete Ombuds.

The Office of the Athlete Ombuds offers cost-free, confidential, independent advice to athletes regarding grievance processes and assists athletes in resolving disputes or concerns. For advice or assistance, athletes may contact the Office at (719) 866-5000, ombudsman@usathlete.org, or www.usathlete.org.