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UNITED STATES AQUATIC ASSOCIATION OF THE DEAF, INC.

CONSITUTION, BYLAWS, AND GUIDELINES

Draft Proposed
September 1999

TABLE OF CONTENTS

Constitution

ARTICLE ONE: Name
ARTICLE TWO: Office
ARTICLE THREE: Purposes and Objectives
§3.01 General Purpose
§3.02 Specific Purpose
ARTICLE FOUR: Authority and Duties
§4.01 Authority
§4.02 Duties
ARTICLE FIVE: Membership
§5.01 Genders
§5.02 General Criteria for Membership
§5.03 Classes of Membership
ARTICLE SIX: Officers
§6.01 Officers
ARTICLE SEVEN: Executive Board
§7.01 Members
§7.02 Composition of Executive Board
§7.03 Authority
§7.04 Meetings
§7.05 Empowerment
ARTICLE EIGHT: Standing Committees
§8.01 Formation of Committees
§8.02 Standing Committees for Aquatic Sports
§8.03 Swimming Standing Committee
§8.04 Water Polo Standing Committee
ARTICLE NINE: Sanctions for Amateur Aquatic Sports
§9.01 Sanctions
§9.02 Qualifications for Sanctions
§9.03 Approval of Sanctions
ARTICLE TEN: Fiscal and Legal Matters
§10.01 Fiscal Year
§10.02 Depositories
§10.03 Withdrawing and Transferring of Funds
§10.04 Audit
§10.05 Contracts
ARTICLE ELEVEN: Funds and Uses
§11.01 Schwartz Memorial
ARTICLE TWELVE: Counselor
§12.01 Selection of Counselor
§12.02 Payment of Counselor
ARTICLE THIRTEEN: Arbitration
ARTICLE FOURTEEN: Indemnification
§14.01 Indemnification
§14.02 Indemnification of Named Person
§14.03 Qualifications for Indemnification
§14.04 Indemnification Only
ARTICLE FIFTEEN: Saving Clause
ARTICLE SIXTEEN: Conflict of Interest
ARTICLE SEVENTEEN: Exempt Activities
ARTICLE EIGHTEEN: Amendments to Constitution, By-Laws or Guidelines
§18.01 General Rule
§18.02 Exceptions
§18.03 Time of Submission
§18.04 Form of Submission
§18.05 Persons Submitting
ARTICLE NINETEEN: Dissolution

By-Laws

CHAPTER ONE: Membership
CHAPTER TWO: Officers
CHAPTER THREE: Duties of Officers
CHAPTER FOUR: Executive Board
CHAPTER FIVE: Robert's Rules of Order
CHAPTER FIVE: Grievance Procedures

Guidelines
PART ONE: Selection of coaches
PART TWO: Selection of athletes for international competition


CONSTITUTION

ARTICLE ONE: Name
The name of the corporation shall be known as the United States Aquatic Association of the Deaf, Inc. (hereinafter "USAAD" or "the Corporation"). USAAD is a corporation defined in subparagraph (a)(5) of section 102 (Definitions) of the New York State Not-for-Profit Corporation Law.

ARTICLE TWO: Offices
The principal office of USAAD shall be maintained at the residence of the Director, which shall be the headquarters for the transaction of all business, but branch offices may, in the discretion of Board of Directors, be established at other places.

ARTICLE THREE: Purposes and Objectives
§3.01 General Purpose
The purposes and objectives of USAAD are for exclusively religious, charitable or educational purposes and in furtherance thereof to accept, hold, administer, invest and disburse for said purposes such funds as may time to time be given to USAAD by any person, persons, or corporations, to receive gifts and make financial and other types of contributions, distributions, and assistance to or for the use of religious, educational, or charitable organizations, and in general to do all things that may appear necessary and useful in accomplishing the purposes herein above set out, including cooperation with other persons, groups, organizations, agencies in effectuating these objectives without regard to race, creed, sex, or national origin and at no profit to USAAD, its incorporators, organizers, or trustees. USAAD shall not engage in any activity which would impair or cause USAAD to lose its tax-exempt status as an exempt Corporation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or the corresponding provision of any future United States Internal Revenue law), with same hereinafter referred to as the "Code."

§3.02 Specific Purpose
Consistent with the general purposes set forth above, the specific purposes of USAAD are as follows:

(a) To foster national and/or international amateur sports competition particularly in the field of aquatic sports, to elevate and sustain the professional character of its members, to disseminate knowledge pertaining to the advancement of aquatic sports among the deaf and hearing impaired population of the United States.

(b) To affiliate with United States of America Deaf Sports Federation (USADSF), Comite International des Sport Des Sourds (CISS) and/or USA Swimming, Inc., USA Water Polo, Inc., USA Diving, Inc., as members thereof, provided that such organizations will accept USAAD as member thereof.

(c) To provide for the selection of the USA men's and women's teams for national and/or international competition for the deaf in aquatic sports, and to provide for the support for the USA deaf men's and women's aquatic sport teams in national and/or international competition.

(d) To provide for year-around development and training programs for deaf aquatic athletes in educational institutions and sports clubs.

(e) To solicit funds for financial support of USA deaf men's and women's aquatic sports teams in national and/or international competition, the year-around development and training programs, USAAD officers' expenses, and any other functions or duties of the USAAD.

(f) To keep deaf amateur athletes active, who are active in aquatic sports, informed of policy matters, and to reasonably reflect the views of such athletes in the policy decisions of USAAD.

ARTICLE FOUR: Authority and Duties
§4.01 Authority
USAAD shall be the national governing body for organized deaf aquatic sports in the United States, and shall exercise the following powers according to duties hereinafter described in §4.02 of this Article.

§4.02 Duties
USAAD shall:

(a) Represent aquatic sports in the USADSF

(b) Establish national goals and encourage the attainment of those goals in the field of aquatic sports.

(c) Serve as the coordinating body for deaf individuals for amateur aquatic sports in the United States.

(d) Exercise jurisdiction over international amateur aquatic sports activities and sanction international amateur aquatic sports competitions held inside the United States, in accordance with the provisions of USADSF's By-Laws.

(e) Conduct amateur competition in aquatic sports including national championships and international amateur competition in the United States, and establish procedures for the determination of eligibility standards for participation in such competitions.

(f) Recommend to the USADSF individuals and teams to represent the United States in the Deaf World Games in aquatic sports.

(g) Designate individuals and teams to represent the United States in national and/or international amateur aquatic sports competition other than the Deaf World Games.

ARTICLE FIVE: Membership
§5.01 Gender
Use of the pronouns "he" and "his" shall not be construed in any way as limiting officers and members of USAAD to the masculine gender only.

§5.02 General Criteria
Membership in USAAD is open to the following persons or organizations demonstrating an active interest in and/or support of deaf aquatic athletes in the United States, including (but not limited to) athletes, coaches, trainers, officials, contributors of financial or other material support, duly authorized representatives of the bona fide national or local non-profit organizations, and associations or institutes involved with or related to aquatic sports.

§5.03 Classes of Membership
The membership shall be divided in four classes:

(a) Athlete Members

(b) Coach and Official Members

(c) Deaf World Games/Pan-Am Games Alumni

(d) Non-athlete Members

ARTICLE SIX: Executive Officers
§6.01 Executive Officers
The four elected executive officers of USAAD shall be as follows:

(a) Director

(b) Treasurer / Secretary

(c) Swimming Coordinator

(d) Water Polo Coordinator

 

§6.02 Officers
The officers are elected by the Executive Board of USAAD shall be as follows:

(a) Publication Director

(b) Swimming Alumni Coordinator

(c) Water Polo Alumni Coordinator

(d) Diving Coordinator

(e) Booster Coordinator

ARTICLE SEVEN: Executive Board
§7.01 Members
The Executive Board shall consist of all elected officers and shall conduct the official business and administration of USAAD, subject only to the provisions of the By-Laws of USAAD.

§7.02 Composition Requirements
At least 51% of officers must be deaf or hard of hearing.

§7.03 Authority
The Board shall be the final authority for any and all issues connected with deaf aquatic sports including national tournaments, Deaf World Games tryouts, and program development.

§7.04 Meetings
The Board shall meet at least one time a year and such meetings shall be open to all members of USAAD except in those matters pertaining to litigation or personnel issues.

§7.05 Empowerment
The Board shall be empowered to take such action as a majority of its members believes appropriate in the event they have knowledge that the Constitution, By-Laws and Guidelines of USAAD have been violated, regardless of a lack of formal complaint.

ARTICLE EIGHT: Committees
§8.01 Formation of Committees
The Executive Board may, from time to time, appoint standing and ad hoc committees upon majority vote. The Director shall appoint a chairperson for each ad hoc committee and any standing committee not specific for one aquatic sport.

§8.02 Standing Committees
Standing committees formed for the purpose of developing programs for one aquatic sport shall have their chairperson elected as an officer of USAAD.

§8.03 Swimming Standing Committee
The Swimming Committee shall consist of the Swimming Coordinator as chairperson, the Director, National coaches and all swimming members of USAAD. It shall recommend and advise the Chairperson of all matters pertaining to swimming programs.

§8.04 Water Polo Standing Committee
The Water Polo Committee shall consist of the Water Polo Coordinator as chairperson, the Director, National coaches and all water polo members of USAAD. It shall recommend and advise the Chairperson of all matters pertaining to water polo programs.

ARTICLE NINE: Sanctions for Amateur Aquatic Sports
§9.01 Sanctions
The sanctioning policy of USAAD for national and/or international amateur aquatic sports competition shall be as follows: if USAAD does not determine by clear and convincing evidence that holding or sponsoring a national and/or international amateur aquatic sports competition would be detrimental to the best interest of the sport, USAAD shall promptly grant a sanction requested by an amateur sports organization or person, provided the conditions in §10.02 herein below have been met.

§9.02 Qualifications for a Sanction
Such sanction shall be granted when the amateur sports organization or person:

(a) Pays the reasonable and nondiscriminatory sanctioning fee to the USAAD (as the Executive Board may determine) and

(b) Demonstrates that:

1. appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur competition.

2. appropriate provision has been made for the validation of records which may be established during the competition;

3. due regard has been given to any national and/or international amateur sports requirements specifically applicable to the competition;

4. the competition will be conducted by qualified officials;

5. proper medical supervision will be provided for athletes who will participate in the competition;

6. proper safety precautions have been taken to protect the personal welfare of the athletes and spectators of the competition;

(c) submits to USAAD an audited or notarized financial report of similar events, if any conducted by the amateur sports organization or person.

§9.03 Approval of Sanction
International amateur sports competitions held in the United States shall be held only after notification and approval of USAAD, USADSF and CISS.

ARTICLE TEN: Fiscal and Legal Matters
§10.01 Fiscal Year
The fiscal year of USAAD is from January 1 to December 31.

§10.02 Despitories
USAAD shall from time to time, as necessary, designate depositories for the funds, property, and assets belonging to or under the control of USAAD.

§10.03 Withdrawing and Transferring of Funds
Funds on deposit in banks can be withdrawn only by voucher checks upon the signatures of the Director and/or the Treasurer. Other assets or property of USAAD may be transferred from one depository to another by action of the Executive Board.

§10.04 Audit
The auditor, outside of USAAD, effective at the beginning of each fiscal year, shall audit the books and financial records of USAAD for the preceding year. After completing the audit, the auditor shall submit his or her report to USAAD, as soon thereafter as reasonably possible, a copy of such audit report shall be available, upon request, to each member of USAAD before its next annual meeting.

§10.05 Contracts
All contracts, not in the ordinary course of affairs of USAAD, shall be examined and approved in form by the Director of USAAD prior to execution.

ARTICLE ELEVEN: Funds and Uses
§11.01 Schwartz Memorial
The Schwartz Memorial fund, established in the memory of former water polo player David Schwartz, shall be held and maintained in accordance with the following terms and provisions:

(a) The Director, or any other authorized officer that the Director may designate from time to time, shall make a separate accounting report of the Schwartz Memorial in conjunction with the annual accounting of USAAD.

(b) Interest and principal of the fund may be used only to support deaf individuals who wish to become water polo officials or referees.

(c) The fund may welcome gifts and donations, which shall be added to the fund.

ARTICLE TWELVE: Counselor
§12.01 Selection of Counselor
The Board, by majority vote, may select a member of the legal profession as General Counsel who shall advise, and consult with the officers and agents of USAAD, render legal advice and assistance as may be requested, and perform any other duties delegated to him or her. The General Counsel shall have the right to the floor at any USAAD meeting to make explanations. His or her files, records and documents shall belong to USAAD. Except as voted by USAAD, he or she shall receive no salary other than compensation for his or her services, but shall receive necessary expenses.

§12.02 Payment of Counselor
USAAD may authorize the appointment of special legal counsel at such fees and compensation as agreed upon.

ARTICLE THIRTEEN: Arbitration
USAAD agrees to submit to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association, any controversy involving its recognition as national governing body, as provided for in Paragraph 395, Subchapter II, Chapter 17, of Title 36 of the United States Code, or any controversy involving the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur aquatic sports competition, as provided for in the By-Laws of the United States Olympic Committee (USOC).

ARTICLE FOURTEEN: Indemnity for Officers
§14.01 Conditions of indemnification
USAAD shall indemnify, to the extent provided in the following paragraphs, any person who is or was Director, officer, agent or employee of USAAD and any person who serves or served at USAAD's request as Director, officer, agent, employee or partner of another corporation or of a partnership, joint venture, trust or other enterprise. In the event the provisions of indemnification set forth below are more restrictive than the provision of indemnification allowed by the applicable New York indemnification laws, then such personal named shall be indemnified to the full extend permitted by such laws as may exist from time to time.

§14.02 Indemnification of named person
In case of a threatened or pending suit, action or proceeding (whether civil, criminal, administrative, or investigative) against a person named in §14.01 above by reason of such person's holding a position named in §14.01, USAAD shall indemnify such person if such person satisfies the standard contained in §14.03, for amounts actually and reasonably incurred by such person in connection with the defense or settlement of the suit as expenses (including court costs and attorneys' fees), amounts paid in settlement, judgments and fines, provided, however, that if the proceeding was brought by or on behalf of USAAD, the indemnification is limited to reasonable expenses actually incurred by the person in connection with the proceeding.

§14.03 Qualifications for indemnification
A person named in §14.01 above will be indemnified only if it is determined in accordance with §14.04 below that such person:

(a) Acted in good faith in the transaction which is the subject of the pending, threatened, or completed suit:

(b) Reasonably believed:

1. if acting in his official capacity as Director, officer, agent or employee of USAAD, that his conduct was in best interests of the association; and

2. in all other cases, that his conduct was not opposed to the best interest of the association; and

(c) In the case of any criminal proceeding, had no reasonable cause to believe his conduct was unlawful.

The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nono contendere or its equivalent will not, of itself, create a presumption that this person failed to satisfy the standard contained in this paragraph.

§14.04 Final determination of indemnification
A determination that the standard of §14.03 above has been satisfied must be made:

(a) by a majority vote of quorum consisting of officers who at the time of the vote are not named defendants or respondents in the proceeding; or

(b) if such quorum cannot be obtained, by a majority vote of a committee of the Executive Board, designated to act in the matter by a majority vote of all officers, consisting solely of two more officers who at the time of vote are not named defendants or respondents in the proceeding; or

(c) by special legal counsel selected by the Executive Board or a committee of the Executive Board by vote as set forth in subparagraphs §14.01 and -§14.04.b above, or, if such quorum cannot be obtained and such committee cannot be established, by a majority vote of all directors; or

(d) by the members in a vote that excludes the vote of officers who are named defendants or respondents in the proceeding.

§14.05 Indemnification costs
Determination as to reasonableness of expenses must be made in the same manner as the determination that indemnification is permissible, except that if the determination that indemnification is permissible is made by special legal counsel, determination as to reasonableness of expenses must be made in the same manner specified in §14.04.c above for the selection of legal counsel.

§14.06 Reimbursement for Indemnification Costs
USAAD may reimburse or pay in advance any reasonable expenses (including court costs and attorneys' (fees) which may become subject to indemnification under §14.01-§14.05 above, but only after the person to receive payment signs a written affirmation of his good faith belief that he has met the standard of conduct necessary for indemnification under §14.03 and undertakes in writing to repay such advances if it is ultimately determined that such person has not met the requirements for indemnification by USAAD, and if a determination in accordance with the provisions as stated in §14.04 above that the facts then known to those making the determination would not preclude indemnification. The written undertaking required by this paragraph must be an unlimited general obligation of the officer but need not be secured. It may be accepted without reference to the financial ability to make repayment.

§14.07 Entitlements of Indemnification
The indemnification provided by §14.01-§14.05 above will not be exclusive or any other rights to which a person may be entitled by law, by-law, agreement, vote of disinterested officers, or otherwise.

§14.08 Indemnification Payments
The indemnification and advance payment provided by §14.01-§14.06 above will continue as to a person who has ceased to hold a position named in §14.01 above and will inure to such person's heirs, executors and administrators.

§14.09 Indemnification Insurance
USAAD may purchase and maintain insurance on behalf of any person who holds or has held any position named in §14.01 above against any liability incurred by such person in any such position, or arising out of such person's status as such, whether or not USAAD would have power to indemnify such person against such liability under §14.01-§14.06 above.

ARTICLE FIFTEEN: Saving Clause
Failure of literal and complete compliance with provisions of these By-Laws in respect to dates and times of notice, or the sending or receipt of the same, or errors, in phraseology of notice in proposals, in which the judgment of the members at meetings do not cause substantial injury to the rights of the members, shall not invalidate the actions or proceedings of the members at any meeting.

ARTICLE SIXTEEN: Conflict of Interest
Any individual representing USAAD, or has a financial arrangement with USAAD, or who is a member of any of its committees or Associations, shall not participate in the evaluation or approval of a contract with a supplier to furnish goods or provide services to USAAD, if that individual directly or indirectly benefits financially or otherwise, receives any form of compensation from, or has any interest in, any suppler under consideration. Each individual referred to in the first sentence of the Article, upon learning that USAAD is proposing to enter into an agreement in which he or she has financial interest, shall promptly notify the Director in writing of the existence of such interest, and the Director of USAAD, in turn shall disclose such interest to those bodies of USAAD involved in considering entry into the arrangement. In the event of violation of these provisions, USAAD shall have the right to recover such benefit or pay and to void the contract or transaction.

ARTICLE SEVENTEEN: Exempt Activities
Notwithstanding any other provision of these By-laws, no Director, officer, employee, or representative of USAAD shall take any action or carry on any activity by or on behalf of USAAD not permitted to be taken or carried on by an organization exempt under Section 501 (c)(3) of the Internal Revenue Code and its Regulations as they now exist or as they may hereafter be amended, or by an organization to which contributions are deductible under Section 170(c)(2) of such Code and Regulations as they now exist or they may hereafter be amended.

ARTICLE EIGHTEEN: Amendments
§18.01 General Rule
Amendments shall be considered by USAAD as follows:

(a) amendments to the By-Laws and USAAD's policy shall be considered at the annual meeting of USAAD;

(b) amendments to the By-Laws shall require for passage a two-thirds (2/3) majority vote of those present and voting; and

(c) amendments to USAAD's policy shall require a majority vote of its officers present and voting, provided notice is given to the members of USAAD at least thirty (30) days prior to the meeting.

§18.02 Exceptions
Notwithstanding §18.01, amendments may be considered at any meeting of USAAD in any of the following circumstances:

(a) to act on a tabled proposal;

(b) to make the By-Laws or USAAD's policy conform with federal, state, or local law or regulation;

(c) to make the By-Laws or USAAD's policy conform with International Olympic Committee, United States Olympic Committee, Federation Internationale De Natation Amateur, Comite International des Sport Des Sourds, or the United States of America Deaf Sports Federation rules or requirements;

(c) to make the By-Laws or USAAD's policy conform with each other; or

(d) in emergency circumstances, upon ninety percent (90%) vote at any meeting of USAAD.

§18.03 Time of Submission
Amendments shall be submitted at least ninety (90) days prior to the meeting at which they are to be considered, so as to allow proper review by the members of USAAD. The ninety (90) days requirement may be waived in emergency circumstances, upon a ninety percent (90%) vote at any meeting of USAAD.

§18.04 Form of Submission
The proposed amendments shall be in such form to show the entire section, subsection, or paragraph, as the case may be, as it will read if adopted, with all proposed deletion in double parentheses.

§18.05 Persons Submitting
All proposed amendments must be first recommended for approval at the time of submitting by someone other than the submitter who shall either be Chairperson of any standing committee or any other officer. Such approval must be in writing, dated, and placed with the proposal when submitted.

ARTICLE NINETEEN: Dissolution
Upon dissolution of USAAD, the officers shall, after paying and making provisions for the payment of all liabilities of USAAD, dispose of all the assists of USAAD exclusively for the purpose of USAAD in such a manner, or to such organization or organizations, organized and operated exclusively for charitable, educational, or scientific purposes, as shall at the time qualify as exempt organization or organizations under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, as USAAD shall determine.

[------End of Constitution-----]

BY-LAWS

CHAPTER ONE: Membership
§1.01 Athlete Members
§1.02 Coach and Official Members
§1.03 World Games for the Deaf/Pan-Am Games Alumni
§1.04 Non-Athlete Members

§1.05 Voting Members
Voting members of USAAD shall consist of member classes §1.01-§1.03.

§1.06 Notice and Voting Rights at Board Meetings
Voting members (§1.05) shall be entitled to notice of Board meetings, and may vote in the election of officers as stated in Chapter Two. All members will have a voice, but no vote, in other matters addressed at the Board meetings.

§1.07 Notice and Voting Rights at Committee Meetings
Voting members (§1.05) shall be entitled to the notice of Committee meetings, and will have a voice and a vote in all matter addressed at the Committee meeting.

§1.08 Dues
Members shall, at or before each annual Board or Committee meeting of USAAD, pay annual dues as determined by USAAD.

§1.09 Names and Logos
The name and logos of USAAD may not be used by the members without prior approval by the Executive Board.

CHAPTER TWO: Officers
§2.01 Election of Officers
The officers of USAAD shall be elected for a four (4) year term. Elections of officers shall be held at the annual meeting immediately following the Summer Deaf World Games, and officers shall begin their term immediately thereafter.

(a) Election of the officers shall be done by voting members (§1.05). To be eligible to vote, members must have paid all outstanding membership dues by the date of the annual meeting in which the election is held.

(b) Each individual member of USAAD shall have one (1) vote. Unless otherwise provided by mutual consent of the then-serving officers, only members in actual attendance at the annual meeting shall be entitled to vote.

(c) The Director and one appointed member of USAAD, approved by the Board, shall oversee all elections and balloting of USAAD.

§2.02 Terms
No officer shall serve in the same office for more than two (2) successive four (4) year terms.

§2.03 Removal of Officers
Any officer may be removed for a good cause by two-thirds (2/3) majority vote of the voting members of USAAD.

§2.04 Vacanies
In case an officer should die or resign or be removed, the Director shall name a committee to name a successor for the unexpired portion of such officer's term. If the Director should die or resign or be removed, the remaining officers, by mutual consent, shall name such committee to name a successor to the Director. USAAD shall not, however, ever fail for want of officers.

§2.05 Meetings
An annual meeting of USAAD shall be held at such date, time, and place as may be fixed by the Executive Board and announced by requisite notice of such meeting (whether oral or written). Special meetings of USAAD may be called by the Executive Board upon at least one (1) day's notice, verbally, or in writing. At any meeting, the Executive Board may, at its discretion and by mutual consent of the Executive Board, go into a closed executive session.

§2.06 Quorum
At any annual or special meeting of the Executive Board, a majority of the officers shall constitute a quorum for the transaction of business. The majority of voices shall decide the vote of the Executive Board at any annual or special meeting.

 

CHAPTER THREE: Duties of Officers
§3.01 Director
The Director shall be the principal executive officer of USAAD and shall in general supervise and control all of the business and affairs of USAAD. He may sign, with any other proper officer of USAAD authorized by the Executive Board, any deeds, mortgages, bonds, contracts, or other instruments which the Executive Board have authorized to be executed, except in cases where signing and execution thereof shall be expressly delegated by the Executive Board or by these By-Laws or statue to some other officer or agent of USAAD; and in general he shall perform all duties incident to the office of the Director and such other duties as may be prescribed by the Executive Board from time to time.

(a) In absence of a formally appointed or elected treasurer of USAAD, the Director shall perform all duties necessary for a treasurer of USAAD, as may be generally defined in New York law. If required by the Executive Board, the Director shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Executive Board shall determine. He shall have charge and custody of and be responsible for all funds and securities of USAAD; receive and give receipts for moneys due and payable to USAAD from any source whatsoever and deposit all such moneys in the in the name of USAAD in such banks, trust companies or other depositories as shall be selected by the Executive Board, and in general perform all the duties incident to the office of a treasurer and such other duties as from time to time may be assigned to him by the Executive Board.

(b) In the absence of a formally appointed or elected secretary of USAAD, the Director shall keep the minutes of the meetings of the members, if any, and of the Executive Board in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these By-Laws or as required by law; be custodian of the USAAD records and of the seal of USAAD and see that the seal of USAAD is affixed to all documents, the execution of which on behalf of USAAD under its seal is hereby duly authorized; keep a register of the post office address of each officer which shall be furnished to the Secretary by such officer; and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the Executive Board.

(c) More specifically, the Director shall oversee both aquatic (swimming and water polo) sports programs. The Director shall work with each sport coordinator to develop programs, run camps/meets, and raise funds for each sport. Other responsibilities of the Director include, but are not limited to, the following:

1. Act as chairperson of the Executive Board

2. Attend the USADSF House of Delegates meetings as one of the two USAAD delegates;

3. Attend (or appoint a representative) conventions of National Governing Bodies (NGB) of each respective aquatic sport (i.e. USA Swimming or USA Water Polo);

4. Act as a liaison between USAAD members and USADSF;

5. Maintain the USAAD membership database;

6. Maintain the USAAD finances;

7. Act as the central information source (i.e. maintain the WWW site, brochures, flyers).

8. Inform members of progress within USAAD

§3.02 Swimming Coordinator
The swimming coordinator shall work with the Director and the National team coaches to operate the swimming program for deaf athletes in the United States. The general duties of the swimming coordinator includes (but are not limited to);

(a) Act as chairperson of the Swimming Standing Committee

(b) Recruit deaf and hard of hearing swimmers, maintain contact with swimmers through various sources (not limited to e-mail, phone or letter) and act as the main contact person pertaining questions about deaf and hard of hearing swimming;

(c) Act as the fundraising coordinator for the national team going to the World Championships or the Deaf World Games;

(d) Act as a member of the selection committee to select the national team and coaches going to the World Championships or the Deaf World Games;

(e) Develop swimming programs;

(f) Work with the Director on international affairs (i.e. international swimming invitational, dual meets, etc.); and

(g) Attend the USA Swimming Convention (in September of each year).

(h) Attend the USADSF House of Delegates meetings if necessary.

 

§3.03 Water Polo Coordinator
The water polo coordinator shall work with the Director and the National team coaches to operate the water polo program for deaf athletes in the United States. The general duties of the water polo coordinator includes (but are not limited to);

(a) Act as chairperson of the Water Polo Standing Committee

(b) Recruit deaf and hard of hearing water polo players, maintain contact with swimmers through various sources (not limited to e-mail, phone or letter) and act as the main contact person pertaining questions about deaf and hard of hearing water polo;

(c) Act as the fundraising coordinator for the national team going to the World Championships or the Deaf World Games;

(d) Act as a member of the selection committee to select the national team and coaches going to the World Championships or the Deaf World Games;

(e) Develop water polo programs and organize water polo camps;

(f) Work with the Director on international affairs (i.e. international water polo invitational, matches, etc.); and

(g) Attend the USA Water Polo Convention (in May of each year).

(h) Attend the USADSF House of Delegates meetings if necessary.

CHAPTER FOUR: Robert's Rules of Order
§4.01 Parlimentary Procedures
Any parlimentary procedures not covered specifically by the existing rules of USAAD shall be determined by referring to a current edition of Robert's Rules of Order.

(a) The Director shall have a copy and make it available at every meeting of the Executive Board and Standing Committee Meetings.

(b) The Director shall appoint a parlimentarian before every meeting, and, upon request, the appointed parlimentarian shall advise the Director on proper procedures.

CHAPTER FIVE: Grievance procedures
§5.01 Binding Decisions
Any decision rendered by USAAD or the USADSF shall be binding upon all members of USAAD, unless a grievance is appropriately filed.

§5.02 Request for Interpretations
Requests for interpretations of rulings and/or By-Laws shall be made to the Coordinator in which sport the matter pertains. Copies of such decisions shall be made available to all appropriate members of USAAD.

§5.03 Ruling of the Executive Board
The ruling of the Coordinator shall be binding. The ruling shall remain in force until an appeal is reviewed by the Executive Board.

§5.04 Suspension
USAAD may suspend an athlete member for reasonable cause. USAAD shall provide the member with a notification of possible suspension in writing at the member's last known address. After receipt of said notice, the member may be given an opportunity for a hearing. If the member does not chose to have a hearing or is found guilty, a written notice of suspension shall be sent. Said suspension shall include reasonable conditions for the member to comply with in order for the suspension to be rescinded, and upon compliance with said conditions, the suspension shall be accordingly rescinded. USAAD shall comply any suspension that USADSF or CISS has impose on athlete member.

(a) The written notice of suspension shall contain, at a minimum, the following:

1. names and addresses of the involved parties;
2. the factual basis upon which the suspension is issued;
3. the grounds upon which the suspension is based; and
4. the conditions that must be met for the suspension to be rescinded.

§5.05 Suspension and Hearing Procedures
The suspension hearing procedures shall be as follows:

(a) Within fifteen (15) days after receiving the notice of suspension, the member may file a written request for hearing with the Director. The hearing shall be held within thirty (30) days after the receipt of the request for hearing by the Director, and shall be conducted at a time and place that is practicable for the member so charged.

(b) Three (3) disinterested and impartial deaf individuals shall be appointed as hearing officers by the Director to conduct the hearing. The member shall have the right to object to appoint of any one (1) of the hearing officers based upon reasonable grounds. The two (2) remaining hearing officers may appoint another person for replacement.

(c) The member may retain any assistance, including legal counsel, necessary to present the member's case at the hearing. Costs of such assistance shall be borne by the member. The member shall also have right to receive advance notification, within a reasonable time prior to the hearing, of any witness adverse to the member's position.

(d) At the hearing, all parties shall be given a reasonable opportunity to present oral (or signed) or written evidence, to cross-examine witnesses, and to present such factual or legal claims as desired. The burden of proof shall be upon the challenger or the complainant, who shall also initially have the burden of proof shall be a "preponderance of the evidence." One of the hearing officers shall keep notes of the proceedings; provided, however, that the member so charged may request that a formal record be made of the hearing. A transcript thereof may be made available upon request and payment thereof. The rules of evidence shall not be strictly enforced; instead, rules of evidence generally accepted in administrative proceedings shall be applicable.

(e) At the conclusion of the hearing, the hearing officers shall render their decision in writing and state the factual basis for their decision. Such decision must be based solely on the evidence presented at the hearing.

§5.06 Appeal Procedures
The appeal procedures shall be as follows:

(a) At the conclusion of the hearing, the suspended member of USAAD shall have the right to file a written appeal within fifteen (15) days after the date of the hearing officers' decision, with the USADSF.

(b) The written appeal shall contain, at a minimum, the following:

1. names and addresses of all involved parties;
2. the alleged ground of non-compliance;
3. supporting evidence of documentation forming the basis of the appeal; and
4. the relief sought.

(c) The appeal procedures as set in the By-Laws of the USADSF shall govern.

(d) The procedures are intended to be flexible, and any omission of any provision shall not affect the outcome of the final decision. Any decision made by a certified or qualified official during athletic competition shall be final.


GUIDELINES

PART ONE: Selection of Coaches
§1.01 Selection Procedures
USAAD may select and appoint coaches to fulfill its stated purpose. Such coaches may be selected and appointed by majority vote of the appointed selection committee, subject to the requirements in §1.02.

§1.02 Requirements
Prior to the selection and appointment of a coach, the candidate must;

(a) Submit a resume, cover letter and three (3) references, addressed to the Director of USAAD;

(b) Consent to a series of at least three (3) interviews with the selection committee;

(c) Demonstrate that he is an accredited coach with USA Swimming, Inc., or USA Water Polo, Inc. or any other entity of like purpose and standards.

(d) Display a basic fingerspelling or any sign language to communicate with aquatic members.

(d) The Executive Board may at any time remove and replace a coach without cause, subject to the rights afforded to the coach.

§1.03 Selection Committee
The coach selection committee shall consist of:

(a) The Director;

(b) Coordinator of that respective sport for which the coach is being selected;

(c) An active athlete or Deaf World Games athlete;

(d) An outside participant.

§1.04 Submittal of Coach Selection to USADSF
USAAD shall recommend to USADSF the national coaches selected to become the Deaf World Games coaches.

§1.05 Recording of Coach Criteria
USAAD shall keep on file the coach criteria.

§1.06 Expiration of Coaches
The tenure of swimming and water polo coaches will expire after the Summer Deaf World Games. To reapply for either position, subject to the requirements in §1.01.

PART TWO: Selection of Athletes for International Competition
§2.01 Selection Procedures
USAAD shall develop athlete selection procedures based on models provided by each sport's respective National Governing Body (i.e. USA Swimming) for each international competition in which USAAD athletes will participate.

§2.02 Announcement
USAAD shall announce athlete selection procedures two years prior to the Deaf World Games, and six months prior to other international events.

§2.03 Selection Committee:
The athlete selection committee shall consist of:

(a) The Director;

(b) Coordinator for that respective sport in which athletes are being chosen;

(c) Head and assistant coaches in that respective sport in which athletes are being chosen; and

(d) A former Deaf World Games athlete.

§2.04 Submittal of Athlete Selection
USAAD shall recommend to USADSF the athletes chosen to be on the US Team based on selection procedures developed (§2.01).

§2.05 Recording of Athlete Criteria
USAAD shall keep on file the athlete criteria for each international competition.