NENSA CODE OF CONDUCT
Standards of Conduct
NENSA looks to maintain values of fairness and honor in all aspects
of cross-country skiing. To these ends, NENSA expects licensed
athletes, coaches, officials, and members of NENSA-sponsored teams
to maintain high standards of honesty and sportsmanship by, among
other things:
1. Respecting the
health and safety of other competitors.
2. Respecting the
rules of competitions.
3. Respecting the
role of race officials, volunteers, and spectators.
4. Respecting the
guidance of coaches and trip leaders on NENSA-sponsored teams and
trips.
5. Refraining from
disruptive behavior while on a NENSA-sponsored team or trip (such
as underage drinking, use of illegal drugs, rowdiness, or repeated
noncooperation).
6. Refraining from
the use of all substances in cross country skiing, racing, and training
that may be harmful to health or that artificially enhance performance.
NENSA athletes are responsible for anything they use and should be
aware that such substances may include common prescription and over-the-counter
medications and supplements. The United States Anti-Doping Agency
administers antidoping programs and maintains lists of prohibited
substances at www.usantidoping.org.
7. Complying with
the United States Olympic Committee Coaching Ethics Code, as amended,
in all situations in which coaches appointed to NENSA competitions
or events are working with minors or are in a position of trust or
authority over the athlete (e.g. Junior Olympics, all New England
championship events, NENSA sponsored training camps or team events).
Subject to the procedures below, serious violations of these standards
of conduct can lead to sanctions including suspension or loss of competition
license, and in turn may result in being barred from NENSA-sanctioned
events or suspension or dismissal from NENSA-sponsored teams.
Inquiry into any potential violations and sanctions will be made by
the NENSA Judicial Committee, in consultation, where appropriate,
with the NENSA Program Director, coaches, and leaders of NENSA teams.
Disciplinary Procedures
Applicable procedures depend on the type of sanctions in question.
“Non-competition sanctions” encompass any form of discipline
that does not preclude the person involved from participating in future
competitions, but may affect participation or placement in a competition
or trip during which a sanctioned violation occurs. “Competition
sanctions” include any form of discipline that may result in
ongoing suspension from any NENSA-sanctioned competitions or any NENSA-sponsored
teams participating in outside competitions. Non-competition
sanctions may be issued by authorized NENSA personnel; competition
sanctions shall be issued only by the Judicial Committee.
All sanctions must be documented in writing and, within 24 hours of
issuance, copies must be mailed to a minor member's parents and filed
with the NENSA Administrative Office. Non-competition sanctions
may take effect prior to the issuance of such a written record.
Sanctions are subject to appeal as detailed below. All written
communications concerning sanctions, hearings, or appeals should be
in care of the NENSA Executive Director at the NENSA Administrative
Office.
(a) Non-Competition Sanctions.
NENSA officials authorized to issue non-competition sanctions include
the Executive Director, the Operations Director, technical delegates
on assignment, race juries at NENSA-sponsored competitions, and team
leaders or project managers for camps and trips while such camps or
trips are ongoing. Such sanctions also may be issued by the
Judicial Committee or the NENSA Board of Directors in response to
complaints by any person not authorized to issue sanctions.
Non-competition sanctions may be issued after notifying the affected
individual orally or in writing of the basis on which sanctions are
proposed and providing him or her an opportunity to respond.
Non-monetary sanctions may take effect immediately. Monetary
sanctions will take effect ten days after they are issued. Monetary
sanctions are limited to the real costs incurred as a direct result
of the infraction without any deterrents, penalties, or other punitive
sanctions.
(b) Competition
Sanctions.
Competition sanctions may be imposed only after the individual
affected is provided an opportunity to be heard following written
notice from an authorized NENSA official describing the conduct at
issue, the rules or policies allegedly violated, and the proposed
sanction.
The individual affected may make a written request for a hearing before
the Judicial Committee, at which the NENSA officer proposing the sanctions
and the individual affected both shall have the opportunity to be
present either in person or by telephone, to present relevant facts
and arguments, and to respond to opposing facts and arguments.
Whether or not requesting a hearing, the member facing suspension
may make a written submission to the Judicial Committee least 24 hours
before the matter is scheduled for review. No fee will
be required for initial hearings.
The Judicial Committee shall consider all facts and arguments submitted
in writing and at any hearing; it may conduct its own factfinding,
and will rule on proposed sanctions within seven days of the hearing
(or, in the event the affected member does not request a hearing,
within seven days of the receipt of all written submissions).
If , under special circumstances, a suspension is requested to take
immediate effect, such request shall
be made in writing to the NENSA Executive Director or Administrative
Office within 72 hours after notice affected member has received notice
of proposed sanctions. If a hearing is requested on a proposed
"immediate" suspension, then the hearing will be held no
sooner than 24 hours after the request and no later than seven days
after the request, and at least two members of the Judicial Committee
must participate. Unless a technical delegate or race
jury determines that the individual facing suspension poses an immediate
threat to himself or herself or to others, the member shall be allowed
to participate in competitions until after the Judicial Committee
ruling. Scores, rankings, or other recognition earned at such
events, however, may be negated if the suspension is upheld.
Otherwise, suspensions proposed shall be considered by all three members
of the Judicial Committee if at all possible, with a majority prevailing.
The member facing suspension shall have seven days from receipt of
notice to request a hearing before the Judicial Committee. The
Judicial Committee shall act on such cases expeditiously, and in no
instance shall its ruling be issued more than 30 days after the request
for a hearing or the passage of the deadline for requesting a hearing,
whichever is later. In non-immediate suspensions, no ruling
shall be adopted less than 72 hours prior to the onset of a suspension.
(c) Appeals Procedure.
The NENSA Judicial Committee shall consist of three members
nominated by the Chairman of the Board and confirmed by the Board
at its annual meeting or as vacancies occur. The Chairman of
the Board may make a temporary appointment in the event any member
is unable to participate in a hearing. The Chair of the Judicial
Committee shall be a Director.
Appeals of non-suspension sanctions to the Judicial Committee must
be requested in writing within 14 days of an initial decision along,
accompanied by a fee of $50, which will be refunded if the appeal
is upheld. The Judicial Committee will consider and rule on
all appeals within 30 days of the appeal. An appeal will suspend
the effective date of monetary sanctions; the Judicial Committee will
have discretion to decide whether other sanctions should be suspended
pending appeal.
Appeals of Judicial Committee decisions may be made to the Board of
Directors. Such an appeal must be requested within 14 days of
the Judicial Committee ruling, accompanied by a $100 fee which will
be refunded if the appeal is upheld. The Board shall consider
appeals at its next regularly scheduled meeting unless a special meeting
is called to consider the action. Rulings of the Board
of Directors shall be final.
(d) Interaction with Outside
Organizations.
Where NENSA is sponsoring a team to an unrestricted-entry event
sanctioned by USSA or the FIS (National Ranking List races, Continental
Cups, etc.), NENSA cannot prohibit members from participation but
may suspend members from participating in NENSA team activities.
Likewise, where NENSA is serving as the quota manager for New England
participation in a restricted entry event sanctioned by USSA or FIS
(Junior Olympics, etc.), NENSA may not unilaterally suspend a member
from such competition. In either case, however, NENSA may request
that the sanctioning body declare a NENSA member ineligible for participation,
and may impose non-competition suspension sanctions, including withholding
support.
While schools and clubs may impose their own restrictions on their
student athletes or club members, NENSA reserves the sole right to
suspend or restrict a NENSA member's participation in NENSA events.
Sanctions imposed by schools, clubs, or other third parties can not
preclude NENSA members from participating in NENSA competition.
Such third parties may initiate NENSA sanctions subject to the procedures
above.
