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Discussion: Appeals Board

Posted Discussion
Nov. 28
SCUBA

83 posts
Appeals Board
Can anyone explain the SSUSA Appeals Board process?
Nov. 28
DaveDowell
Men's 70
4321 posts
Appeals Board
Steve ... Are you asking about the process for a team rating appeal or a disciplinary action ruling appeal? ... I'll take a swing at it if you can clarify ... Thanks ...
Nov. 28
SCUBA

83 posts
Appeals Board
Disciplinary Action.

Dave, thanks for agreeing to respond. I’m looking for answers to some basic questions regarding the suspension of a player
for violating SSUSA rule(s) and whether such player can appeal such a suspension.
(1) Is there a written SSUSA procedure regarding appealing a suspension and, if so, can I receive a copy?
(2) How does a suspended player appeal his suspension? In writing? Verbal?
(3) Does he have a time-frame in which he can appeal a suspension?
(4) If there is an Appeals Board, what is the composition of that Board. Number of people? Type of positions within SSUSA who might be on such a Board.
(5) Does the suspended player have a right to “appear” (telephonic?) before the Board to present his case. If he’s not “permitted” to appear before the Board, can he submit a written explanation supporting his appeal?
(6) How long before the Board renders a final decision, and is it in writing explaining the justification for the suspension.
(7) Anything else which might be pertinent.

I apologize for the number of questions, but this is important.

Thank you in advance.

Steve
Nov. 28
DaveDowell
Men's 70
4321 posts
Appeals Board
Hi Steve. YES, a player may appeal a suspension. Here's what is relevant for such an appeal, in the same order as your questions:

[1] There is no formal written appeal procedure. This is by design to allow the appellant wide latitude in formulating a response that's unrestricted by any specific format. The SSUSA office determines who will hear the appeal and provides them with the "case file", which remains confidential during and after the appeal.
[2] Of the appeals I have seen, all of them have been in a narrative written format addressing any or all of the following: (a) contesting or clarifying the factual accuracy for the alleged conduct resulting in the suspension, (b) disputing the severity of the factual issues alleged, and/or (c) asserting that the "penalty" is not appropriate for the nature or severity of the alleged "offense". We have seen other additional appeal theories, but those three comprise the most frequent avenues of approach.
[3] The suspended individual receives a letter and/or an email informing him of the basis for and the period of proposed suspension. That letter also states and establishes the start of the thirty (30) day period within which an appeal may be made and must be received by SSUSA.
[4] All appeals are heard and decided by a three-person Appeal Board comprised of independent SSUSA National Directors who were not present at the tournament where the basis for the suspension arose. Presuming that your inquiry is from an incident in Phoenix recently, the Appeals Board will not include anyone who worked at the 2023 Winter World Championships.
[5] The Appeal Board does not meet physically, so an appearance by an appellant would be complicated, but it's neither officially "permitted" nor "prohibited". I have been on a few Appeal Boards, and we have always exchanged email correspondence and had phone conversations, as appropriate, in reaching a decision. The Appeals Board provides SSUSA with their written decision at the conclusion of their review, which is then conveyed in writing to the appellant.
[6] There is no specific completion time requirement on the part of the Appeal Board, but resolution as soon as practical, while giving it the highest level of due diligence is important. I have never seen an appeal extend beyond 30 days after the process starts; and
[7] Our only other advice is to stress the importance of meeting the initial 30-day time frame to inform SSUSA and submit the actual appeal to them. Secondary advice would include a suggestion that if your appellant thinks something might be relevant, by all means include it. Third-party statements of relevant and supportable facts are welcome.

Since we do not consider these appeals publicly, I am going to close this thread. You know how to reach us for any follow-up questions. Thank you and good luck.

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