II. Acting Disciplinary Authorities and the Conduct Committee
III. Code of Conduct and Other Regulatory Codes
i) On-Field Conduct
ii) Conduct within the UPA
iii) Conduct within the Ultimate Community
i) Complaint to the Conduct Committee
ii) Complaint to an Acting Disciplinary Authorityi) Appeal of the Board or Conduct Committee
ii) Appeal of an Acting Disciplinary Authority
Notes:
1. This policy will take effect immediately upon adoption by the Board of Directors. This policy is not retroactive; it does not apply to conduct complaints initiated prior to adoption by the Board of Directors.
2. "Player" and "member" both refer to any member of the UPA, except where otherwise noted.
This policy defines a code of conduct for UPA members, it details the bodies that manage matters related to conduct, and it describes the procedures for addressing instances of improper or inappropriate conduct. The primary mechanism for dealing with disputes is direct discussion between the persons or teams involved. The UPA applauds the maturity its members regularly exhibit in resolving their own disputes and correcting their own misdeeds, and celebrates the general irrelevancy of this very policy. However, in the rare circumstance where formal redress is needed, this policy takes effect.
Beyond its own rules, the UPA expects all players to abide by the laws, regulations and statutes of the jurisdiction in which they participate, whether at UPA-sanctioned events or not. The UPA, its officers, directors, agents, affiliates and members will cooperate fully with the relevant authorities to ensure compliance with such laws, regulations and statutes.
Though much of this document deals with inappropriate conduct, it is crucial to note that good conduct is appreciated and commended by the UPA through its several awards recognizing individuals and teams which uphold and demonstrate the Spirit of the Game, through the Spirit of the Game fund, and by continually reinforcing the notion of sportsmanship and respect in its printed media. In addition, teammates and opponents alike express their appreciation of fair and respectful play. Finally, good conduct is its own reward!
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II. ACTING DISCIPLINARY AUTHORITIES AND THE CONDUCT COMMITTEE
The UPA employs two systems, independent and operating in parallel, to ensure proper conduct in all ultimate-related activities. One system is overseen by the Administration and one by the Board of Directors.
A. Acting Disciplinary Authorities
The Administration of the UPA oversees a system of enforcement involving real-time resolutions, decisions, and penalties regarding conduct pertaining to a specific event or program in progress. These resolutions, decisions, and penalties are administered by an Acting Disciplinary Authority, which may be a tournament director, a Tournament Rules Group ("TRG"), a certified Observer, a Sectional or Regional Coordinator, a National Director, a member of Administration performing his/her duties in some specific capacity, an officer or agent of the UPA, or some other UPA-appointed individual or group. An Acting Disciplinary Authority may, as necessary, impose sanctions or penalties for violations of the Code of Conduct described herein, in order to ensure expedient administration of its duty. For example, a tournament director has the authority to eject a violent player from a tournament. More than one Acting Disciplinary Authority may have jurisdiction over an event. In such cases, the Administration may coordinate with the multiple Acting Disciplinary Authorities with jurisdiction, in order to determine a consistent and appropriate course of action.
The immediate decisions of an Acting Disciplinary Authority are essential for the proper administration of the sport and are not recorded as violations of the conduct policy. In the example above, the ejected player may face further sanctions if a violation of conduct is found to have occurred after a complaint is submitted to the Conduct Committee -- a separate enforcement body.
The second system of ensuring proper conduct is the disciplinary oversight of the Board directly or through its standing disciplinary committee, the Conduct Committee. The Board, or Conduct Committee acting as proxy, employs a complaint-defense-review-appeal process to ensure justice in resolving allegations of improper conduct. In the example of the ejected player, if a conduct complaint is filed and the Board or Conduct Committee determines that the complaint merits hearing, the player will be given an opportunity to submit a defense against the allegations, and, as described below, the Board or Conduct Committee will rule based on the complaint, the defense, and its own investigation. The defendant may appeal the ruling. The Board or Conduct Committee ensures that conduct complaints are adjudicated with prudence and that violations are met with appropriate punishments, independent of those necessary to keep events running smoothly.
Both systems of enforcement protect the same standards of conduct described in Section III.A. The two-pronged regulatory structure described here ensures the expedient administration of ultimate-related activities by the UPA as well as swift and prudent enforcement of its Code of Conduct.
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III. CODE OF CONDUCT AND OTHER REGULATORY CODES
The Code of Conduct described here applies to all UPA members in every disc-related activity, as well as to all disciplinary authorities within the UPA. This means that the Head Observer is judging on-field behavior by the same standards as is the Tournament Rules Group ("TRG") or the Conduct Committee. Different authorities may have further regulations to enforce which are irrespective of conduct, however. Thus a team's showing up late for a game, for example, may merit a point penalty from a TRG or Head Observer while constituting no breach of the Code of Conduct of the UPA. Note, too, that these several disciplinary bodies may adjudicate in different ways upon the same actions. For example, the "Card System" that an Observer might employ delineates a strict set of penalties, whereas the Board or Conduct Committee is not so narrowly bound in its sanctions.
UPA members are expected to behave in a manner consistent with the ideals and vision of the organization. A member's responsibility to this charge manifests itself on the playing field, in his or her interactions with the administration and officers of the UPA, and in his or her dealings with the greater ultimate community. The same expectations are made of teams and other groupings of players.
"On-Field Conduct" refers to the actions of players and teams during the course of a tournament or other UPA event, and is not limited to actions during a game. Players and teams are expected to treat one another with respect, to conduct themselves in a safe and orderly manner, and while playing to adhere to the rules of ultimate as well as to any tournament and site regulations, including the UPA policy on doping.
Violations of conduct occur upon the breach of these expectations. On-field violations may therefore include (with the clause being violated appearing in parentheses), but are not limited to, abusive heckling (respect), spiking the disc on another player (respect, safety), dangerous play (safety), spitting at another player (respect), cheating (rules), deliberate fouling (rules), reckless behavior at a tournament party (order, safety), drinking on the sidelines when prohibited (site regulations), taunting (respect), and violence against another player (respect, order, safety).
Repeated, excessive or deliberate inappropriate conduct constitutes a violation of this conduct policy. An individual instance of inappropriate conduct may also warrant sanctioning by the Conduct Committee if the action is severe enough. Such a sanction may be in addition to any penalties incurred through an Acting Disciplinary Authority, such as a TRG or Head Observer. Acting Disciplinary Authorities and the Conduct Committee operate independently.
"Conduct within the UPA" refers to a player's or a team's actions in dealing with tournament directors, officers, and administrators of the UPA, including but not limited to that player's or team's statements, written words and documents. Players and teams are expected to be truthful and respectful in their dealings with the administration and other officials of the UPA.
Violations of conduct occur upon the breach of these expectations. Violations of conduct within the UPA may therefore include, but are not limited to, filing a fraudulent roster; hacking the UPA Website; supplying fraudulent membership data to the UPA; hosting a UPA-sanctioned tournament but excluding a team from competition based on a personal grievance with the captain; theft of privileged information from the UPA or its directors, officers or administrators; obstructing an agent of the UPA from performing his/her duty; and libel against a director, organizer or administrator regarding UPA-related activity. For example, a player who groundlessly accuses a Board member of embezzlement while being interviewed live on television may violate this Code of Conduct on the grounds of slander, even if that player later recants while off camera.
Tournament directors, members of the Administration of the UPA, and other such UPA-appointed individuals or groups may serve as Acting Disciplinary authorities regarding violations of conduct within the UPA, provided the conduct pertains to an event or process reasonably under their jurisdiction. For example, Sectional and Regional Coordinators are Acting Disciplinary Authorities for conduct within the UPA regarding the appropriate championship series in their sections and regions, respectively. A Regional Coordinator who finds that a team has filed a fraudulent roster may exclude that team from competition. As another example, the director of membership in the Administration has the authority to deny membership to an applicant who submits a fraudulent membership form. Any further disciplinary action beyond that imposed by an Acting Disciplinary Authority can only occur as a result of a complaint submitted to the Conduct Committee or Board.
iii) Conduct within the Ultimate Community
Players are expected to act consistently with the mission of the UPA to promote the sport of ultimate. Actions inimical to the sport of ultimate are violations of conduct. Such violations may include, but are not limited to, libel against ultimate players or organizers in the printed media, obscene acts on televised media featuring ultimate, and vandalism or other destructive behavior toward an ultimate facility.
Note that an Acting Disciplinary Authority may adopt any of a number of approved regulatory schemata (such as the "Card System" used by Observers) for administering penalties within the course of a tournament or other UPA event. Such regulatory guides must conform to this overarching Code of Conduct. Actions resulting in penalties administered through the application of such guides do not constitute conduct violations unless a complaint is filed by the Acting Disciplinary Authority or eyewitness member and are deemed so by the Board or Conduct Committee as proxy. Likewise, actions which receive no rebuke under such codes may still be considered as improper conduct upon complaint and review, and thus are subject to sanctioning under this policy.
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i) Complaint to the Conduct Committee
A complaint against a player or team can be filed by any member or group of members, member of the administration of the UPA, or by any officer or other person or entity designated by the UPA. In the case of a complaint against on-field conduct, the complainant must be a witness to the conduct in question. (A player who hears of but does not witness offensive conduct may request an investigation by the administration or officers or directors, who may act on such requests at their discretion.)
A complaint is lodged by completing a Complaint Form and submitting it to the UPA. The complaint must be filed within thirty (30) days of the conduct in question, unless an extension has been granted by the Board or Conduct Committee as proxy. Multiple complaints regarding a single allegation of poor conduct may be treated as a single complaint.
The Board or Conduct Committee as proxy will determine whether a complaint is credible enough to warrant a hearing. In the event that it is, the Board or Conduct Committee will inform the defendant of the complaint, making known to him or her the allegations being charged. The defendant will have thirty (30) days to submit a written defense.
ii) Complaint to an Acting Disciplinary Authority
A complaint against a player or team may be made by directly contacting an appropriate Acting Disciplinary Authority, which may act upon such a complaint as it sees fit. No written complaint is necessary.
Typically, complaints are heard by the Conduct Committee, which acts as the standing disciplinary committee of the UPA. In accordance with Article X, Paragraph 2 of the By-Laws of the UPA, the Board of Directors has the sole authority to impose sanctions for conduct, but typically delegates such authority to the Conduct Committee. The Board retains the right to revoke such delegation and hear a complaint as a full Board. Rulings of the Board or Conduct Committee are based on majority vote when no consensus can be reached. In the event of a tie, the chair of the ruling committee casts the deciding vote (i.e., the Chair of the Conduct Committee as proxy, or the President in the event of a full Board hearing). Rulings must be delivered within sixty (60) days of receipt of the defendant's statement (or failure to file or stated waiver of the right to file, whichever is earliest). Unless otherwise stated, rulings take effect immediately.
The Board or Conduct Committee will adjudicate based on the complaint, the defense, and any pertinent evidence obtained in the course of investigating the complaint.
Actions by an Acting Disciplinary Authority are taken without a formal complaint and without a hearing.
i) Appeal of the Board or Conduct Committee
A member found to have been in violation of proper conduct will have the opportunity to challenge the decision of the Board or Conduct Committee by submitting a written appeal to the UPA within thirty (30) days of notification of the decision. This policy is in accord with Article X, Paragraph 3 of the By-Laws of the UPA. Appeals may contest the decision, challenge the appropriateness of the punishment, or introduce compelling new evidence. Appeals which merely restate a case will be deemed frivolous. The Board will hear appeals and rule within thirty (30) days of receipt. The Board may choose to delegate the authority to hear an appeal to the Conduct Committee. Rulings on appeals of the Board or Conduct Committee are based on majority vote when no consensus can be reached. In the event of a tie, the chair of the ruling committee casts the deciding vote (i.e., the Chair of the Conduct Committee as proxy, or the President in the event of a full Board hearing). The ruling on an appeal cannot be appealed. Unless otherwise stated, rulings on appeal take effect immediately.
In the event that a penalty or sanction by the Board or Conduct Committee pertains to an impending event, the appellant may request an expeditious hearing of his/her appeal. The decision of the Board (by majority vote, as above) whether to honor such a request cannot be appealed.
ii) Appeal of an Acting Disciplinary Authority
A sanction imposed by an Acting Disciplinary Authority can be appealed by submitting a written appeal to the UPA within thirty (30) days of the sanction. Such appeals are heard by the Executive Director in cooperation with the highest-ranking appropriate administrator. For example, an appeal to the action of a tournament director at a Youth championship would be heard by the Executive Director and the Director of Youth Programs. The Executive Director may delegate such authority to said administrator. The Executive Director or his/her proxy has the sole vote in such appeals. Appeals will be decided within thirty (30) days of receipt.
If a penalty or sanction from an Acting Disciplinary Authority pertains explicitly to an impending event, the appellant may request an expeditious hearing of his/her appeal. The decision by the Executive Director whether to honor such a request cannot be appealed.
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A. Sanctions by an Acting Disciplinary Authority
An Acting Disciplinary Authority may impose sanctions necessary for the administration of its duties. Such sanctions may include, but are not limited to, ejection of a team or player from a game, tournament, or tournament series; assessment of points against a team; denial of a membership application; and denial of participation in a league or clinic.
No Acting Disciplinary Authority may suspend any player or team from participation in any event other than the immediate event, program or process being administered by that authority. The same restriction applies to probation.
B. Sanctions by the Board or Conduct Committee
The Board or the Conduct Committee acting as proxy is not limited in its range of sanctions, except by the requirement that the penalty be proportionate with the severity of the action or its consequences. Such sanctions may include, but are not limited to, any sanctions that an Acting Disciplinary Authority may impose, public or private censure, demand of public or private apology, demand of completion of service to the ultimate community, probation, and suspension from participation in UPA events.
Suspensions or penalties occurring for a duration of time longer than one (1) year will be reviewed annually by the Board, or the Conduct Committee acting as proxy.
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The UPA expects all players to treat one another with respect, and to be truthful and considerate in their dealings within the organization and the disc community. These standards of conduct are maintained by the strong tradition of etiquette and sportsmanship within the ultimate community, and by good-faith resolutions of disputes among the parties involved.
In the rare event that self-governance does not suffice, the UPA Code of Conduct is enforced by two bodies: 1) the Administration, through Acting Disciplinary Authorities, and 2) the Board of Directors, through the Conduct Committee. During UPA events, the Acting Disciplinary Authority may take such steps and impose such penalties as necessary to keep events running smoothly. A player thus penalized may appeal to the UPA, and the matter is resolved by the Administration within thirty (30) days.
The Board of Directors oversees the conduct of UPA members through a complaint-defense-review-appeal process. Complaints are filed within thirty (30) days of an incident and defendants are given thirty (30) days to submit a defense. Rulings are made by the Conduct Committee within sixty (60) days, and appeals filed within thirty (30) days of a ruling are then decided within thirty (30) days of receipt. The Board or Conduct Committee is not limited in its range of sanctions, but penalties lasting more than one (1) year will be reviewed annually. The two systems of enforcement operate independently.
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Adopted by UPA Board of Directors, Oct 13, 2004.
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