DISCIPLINARY RULES AND PROCEDURES
INTRODUCTION
Ultimate Frisbee is a game that encourages honesty, sincerity, and fair play, and it aspires to promote the highest degree of respect and integrity for all participants. Respect of others, moral character, following the rules, and the joy of competition are fundamental principles of the Ultimate Frisbee Association (“UFA”). Consistent with these principles, the UFA has adopted rules and disciplinary procedures that ensure that the UFA and all its members and affiliates are held to the highest standard of conduct to protect the integrity of the game and to promote and foster the moral and ethical standards that are inherent to, and embody, the game of Ultimate. These procedures are governed by the Federal Arbitration Act, https://uscode.house.gov/view.xhtml?path=/prelim@title9/chapter1&edition=prelim.
RULES
Rule 1 - DRUGS OF ABUSE AND PERFORMANCE ENHANCING STIMULANTS
All players, coaches, officials, team owners, and all persons connected with any UFA team are prohibited from using, possessing, providing, selling, facilitating the sale, distributing, or facilitating the distribution of any Drugs of Abuse if it is illegal in the state in which they are participating in a sanctioned UFA event or in the venue of a sanctioned UFA event, even if it is legal in the state where the event is being held. “Drugs of Abuse” are defined as any drug or substance included on Schedules I and II of the Code of Federal Regulations’ Schedule of Controlled Substances, as amended from time to time.
All players, coaches, officials, team owners, and all persons connected with any UFA team are prohibited from using, possessing, providing, selling, facilitating the sale, distributing, or facilitating the distribution of any Performance Enhancing Substance at any time. “Performance Enhancing Substances” are defined as any anabolic androgenic steroid covered by Schedule III of the Code of Federal Regulations’ Schedule of Controlled Substances, as amended from time to time.
Rule 2 – ALCOHOL
All players, coaches, game day staff and officials are prohibited from consuming, providing, selling, facilitating the sale, distributing, or facilitating the distribution of any alcohol before or during any UFA event or game in which they are participating, irrespective of whether any of such is legal in the local jurisdiction where the event or game is located or hosted.
Rule 3 – SEXUAL HARASSMENT, ASSAULT, AND DOMESTIC ABUSE
All players, coaches, officials, team owners, and all persons connected with any UFA team are prohibited from engaging in any of the following acts: (i) actual or threatened violence against any person, including dating violence, domestic violence, child abuse, and other forms of family violence, (ii) assault and/or battery, including sexual assault and other sex offenses, and (iii) stalking, harassment, or similar forms of intimidation.
Rule 4 - MISCONDUCT
(a) MISCONDUCT IN PLAYING ULTIMATE DISC. All players, coaches, team owners and all persons connected with an UFA member team are prohibited from (i) promising or agreeing to lose a game, or attempt to lose a game, (ii) failing to give best effort towards the winning of any game, (iii) inducing, or attempting to induce, others to lose, or attempt to lose, or to fail to give their best efforts towards the winning of a game, and (iv) offering, giving, or accepting rewards, gifts, or inducements for defeating, or in attempting to defeat, other teams. They are also required to immediately report to the Commissioner each instance in which they are approached or solicited by any person to do any of the foregoing.
(b) OFFICIALS. Officials are required to enforce the rules and to officiate over UFA games and exhibitions in an impartial, objective, and unbiased manner, without attempting to unduly influence the outcome of any game in favor of one team over another. All players, coaches, team owners, and all persons connected with an UFA member team are prohibited from giving, or offering to give, a gift, reward, or inducement of any kind to any official for the purpose of directly or indirectly influencing, or attempting to influence, an official’s decisions or officiating or affecting, or attempting to affect, the outcome of a game or exhibition. Officials are prohibited from soliciting or accepting any gift, reward, or inducement from any person and from rendering, offering, or promising to render decisions or to officiate over any game in a manner in any way inconsistent with this rule. All players, coaches, team owners, persons connected with any UFA member team, and officials must immediately report to the Commissioner any violation, or suspected violation, of this rule.
(c) BETTING ON GAMES AND FANTASY LEAGUES. All players, coaches, officials, team owners, and all persons connected with any UFA member team are prohibited from betting or wagering upon any UFA game, irrespective of whether they have a duty to perform in the game on which the bet or wager is placed. Players, coaches, officials, and team owners are prohibited from participating in Fantasy Leagues where UFA players are used, irrespective of whether there is a reward from participating in the Fantasy League.
(d) VIOLENCE OR MISCONDUCT IN UFA GAMES. Any physical attack or other violence upon official by a player, or by an official upon a player, or of other misconduct by official or a player, during or in connection with any UFA game, any exhibition game, event, or function is prohibited.
(e) CONDUCT DETRIMENTAL TO ULTIMATE. Players, coaches, team owners, persons associated with any UFA member team, and officials may be disciplined for conduct that is materially detrimental or prejudicial to the best interests of UFA or Ultimate, including, but not limited to, engaging in conduct in violation of federal, state, or local law. Conduct deemed “detrimental” to Ultimate includes but is not limited to: (i) illegal possession of a gun or other weapon (such as explosives or toxic substances), or possession of a gun or weapon at an UFA game, event, or function, (ii) crimes involving cruelty to animals as defined by state or federal law, (iii) crimes of dishonesty such as blackmail, extortion, fraud, money laundering, or racketeering; (iv) theft related crimes such as burglary, robbery, or larceny, (v) disorderly conduct, (vi) crimes against law enforcement, such as obstruction, resisting arrest, or harming a police officer or other law enforcement officer, (vii) conduct that poses a reasonable or genuine danger to the safety and well-being of another person, and (viii) conduct that undermines or puts at risk the integrity of the UFA, UFA teams, or UFA affiliates.
(f) OTHER MISCONDUCT. Nothing herein contained will be construed as exclusively defining or otherwise limiting acts, transactions, practices or conduct not to be in the best interests of UFA and Ultimate disc; and all other acts, transactions, practices or conduct not to be in the best interests of UFA and Ultimate disc are prohibited.
DISCIPLINARY PROCEDURES AND APPEALS
SECTION 1 – SCOPE
1.1 For simplified and expedition resolution of disputes, any disciplinary action or appeal relating to the interpretation, application or enforcement of the Ultimate Frisbee Association’s Disciplinary Rules and Procedures (“Rules and Procedures”) will be resolved exclusively in accordance with the procedures set forth in these Rules and Procedures.
1.2 UFA reserves the right to amend or modify these Rules and Procedures, from time to time.
SECTION 2 – DISCIPLINARY ACTION AND PROCEDURES
2.1 Upon receiving a complaint or becoming aware of a potential violation of these Rules, Commissioner and any designees will investigate the violations and any charges in a manner the Commissioner deems appropriate in this judgment. This includes interviewing witnesses and obtaining and reviewing documents. All UFA members, including players, coaches, team owners, persons connected with UFA member teams, and officials must cooperate fully with Commissioner and any designees, including voluntarily making themselves available for interviews and producing documents in a timely manner. Failure of any person to fully cooperate with Commissioner’s investigation, in a timely manner, will itself be grounds for discipline, including fines, suspension, and permanent ineligibility, in the judgment of Commissioner.
2.2 UFA will send notice of the investigation to the person under investigation (“respondent”) and the affiliated UFA member team or, if the respondent is an official, to the Director of Officials, promptly upon opening an investigation. Respondent must fully cooperate with the investigation, produce requested documents, and make themselves available for interviews upon request. If Commissioner or any designees elect to interview respondent, they must participate in the interview but may be represented by an attorney; provided, however, the attorney must not “coach” respondent in how to answer questions during the interview, raise unnecessary objections, or otherwise obstruct in any way the interview or investigation. Respondent must give truthful and complete answers and may not decline to answer any questions, except where a recognized and legitimate privilege is involved. Failure of respondent to fully cooperate with Commissioner’s investigation, in a timely manner, will itself be grounds for suspension or permanent ineligibility, in the judgment of Commissioner.
2.3 If, after investigating, Commissioner determines, in its judgment, that discipline is warranted, UFA will send notice in writing to respondent of the discipline and the nature of the violation. A copy of the notice also will be sent to respondent’s affiliated UFA member team or, if respondent is an official, to Director of Officials. The discipline can include, but is not limited to fines, penalties, suspension, and permanent ineligibility to participate in any UFA events.
2.4 Any discipline imposed becomes effective immediately upon UFA sending of notice of discipline and the nature of the violation to respondent (“Notice of Discipline”), provided, however, that if a fine is imposed, the fine is not required to be paid until all rights of appeal are exhausted. If a respondent is owed monies from an UFA member team, then the team must withhold enough monies to cover the fine. If the fine is confirmed or upheld, then the team will release the monies for the fine to UFA. If the fine is overturned or modified, then the team will release the monies to respondent or UFA, as appropriate.
SECTION 3 – APPEALS
3.1 Any respondent who believes that the discipline levied against them by Commissioner is unwarranted or excessive, may file an appeal to Executive Council.
3.2 A notice of appeal (“Notice of Appeal”) must be filed with UFA within fourteen (14) days from the date of the Notice of Discipline. The Notice of Appeal may be in the form of a letter sent via United Postal Service, UPS, Federal Express, or other carrier service to Ultimate Frisbee Association, Attention Executive Council - Appeals, 50 University Avenue, Suite 144, Los Gatos, CA 95030. If, for any reason, the Notice of Appeal is not postmarked or otherwise denoted as being sent within fourteen (14) days from the date of the Notice of Discipline, then the appeal will be deemed untimely and waived. Information to be included in the Notice of Appeal includes:
The name, address, e-mail address, and telephone number of the respondent.
A copy of the Notice of Discipline.
A clear and concise statement setting forth the reasons why respondent believes the discipline in the Notice of Discipline is unwarranted or excessive.
If respondent has documents or witness statements to support his appeal, he should include them with the Notice of Appeal.
3.3 Within fourteen (14) days after receiving a Notice of Appeal, Executive Council will schedule a pre-hearing telephonic conference with Commissioner’s designee and respondent and his attorney, if any (“Pre-Hearing”).
3.4 At the Pre-Hearing, Executive Council and the parties should be prepared to discuss and establish a procedure for the conduct of the hearing that is appropriate to achieve a fair, efficient, and economical resolution of the appeal. The parties may elect for the Executive Council Panel to decide the merits of the appeal based on the submissions of the parties without a formal hearing.
3.5 No later than ten (10) days after the Pre-Hearing, each party will submit to the other copies of all documents, reports, records, and witness statements relevant to the discipline and the appeal. Failure to submit any document, report, record, or witness statement no later than ten (10) days after Pre-Hearing will preclude the non-complying party from presenting any unsubmitted document, report, record, or witness statement as evidence at the hearing.
3.6 There will be three (3) persons sitting on the appellate panel (“Panel”). The Executive Council will appoint the three (3) panelists to the Panel. Two (2) of the three (3) panelists will be members of the Executive Council; the third, and final, panelist will be a player on an UFA member team. None of the three panelists may be directly affiliated with respondent or respondent’s UFA member team.
3.7 The Panel will set the date, time, and place of the hearing, provided, however, that the hearing must be held within thirty (30) days of the Pre-Hearing. All hearings will be held in Los Gatos, CA. The Panel has the discretion, in its judgment, to conduct the hearing by telephonic conference in lieu of requiring the parties and/or their representatives to appear in person for a hearing.
3.8 Any party may participate in the arbitration or any hearing with or without an attorney.
3.9 The Panel will maintain the privacy of the hearing. The appeal, including all submissions, orders, pre-hearings, hearings, will be closed to the public, unless otherwise required by law. Parties and interested persons may participate in any hearing, provided, however, that Panel may exclude non-party witnesses from attending the hearing except while they are being examined or cross-examined.
SECTION 4 – EVIDENCE AND PANEL PROCESS
4.1 Parties may offer evidence as they deem relevant and necessary to the dispute and will produce evidence that Panel deems necessary to an understanding and determination of the dispute. Panel has the right, in its discretion, to determine the admissibility, relevancy, and materiality of evidence offered and may exclude evidence that it deems irrelevant, cumulative, or unreliable.
4.2 A written statement or report may be presented in lieu of any witness or expert appearing and testifying in person at hearing. Panel may, in its discretion, determine the relevance, materiality, and weight to afford such statements or reports, accounting for the inability of the opposing party to question or examine the witness or expert.
4.3 UFA provides for simplified and expedited procedures for resolving disciplinary appeals. In light of this stated policy, postponements and adjournments are strongly disfavored. Panel has the discretion to grant postponements and adjournments for exigent circumstances or upon a showing of good cause.
4.4 The Panel will issue a decision within fourteen (14) days after the close of the hearings or if oral hearings have been waived, from the due date of the parties’ final submissions or proof. The Panel has the authority, in its judgment, to affirm, modify, or overturn all or part of Commissioner’s disciplinary action against respondent on a timely appeal.
4.5 The Panel’s decision will be in writing and signed by the members of the Panel. Panel is not required to issue a reasoned decision, provide findings of fact, or conclusions of law. The Panel’s decision will be a final, non-appealable decision and will be deemed to conclusively resolve respondent’s appeal.
4.6 The Panel’s decision may be confirmed and enforced by any court of competent jurisdiction.
4.7 Panel may enter orders as it deems necessary to conduct and administer the appeal hearing. In the event of willful non-compliance with any order issued by Panel, Panel may draw adverse inferences, exclude evidence, bar parties or witnesses from testifying, strike all or part of a party’s submissions, impose costs, or suspend or ban a party from membership in UFA or its affiliated teams and organizations.
4.8 A majority decision of the members of the Panel shall be deemed the decision of the Panel.