Synopsis of the Ashley Beyers Grievance

Grievance Synopsis
Ashley Beyers Grievance v. CYSA-North

California Youth Soccer Association

Board of Directors Meeting Minutes

Sunday, September 9, 2001

5. USSF Appeals & Grievance Report: John Murphy reported that the issue of whether our boundaries violate USSF Bylaw 213 because of the definition of “open” is now directly involved in a USSF grievance. He also advised the board that unless the board had objections our answer to the grievance would inform USSF that we would not agree to mediate the issue and that resolution of the matter will have a significant impact on CYSA/USSF relations. He also explained the outcome of several appeals he has handled.

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AGENDA ITEM FROM CYSA-NORTH Revised 5/29/02
CALIFORNIA YOUTH SOCCER ASSOCIATION, INC.
BOARD OF DIRECTORS MEETING
June 2, 2002

L. New Business
20 Minutes - Chairman 1 - Beyers v. CYSA Grievance
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MINUTES
California Youth Soccer Association
Board of Directors Meeting Minutes
June 2, 2002

Beyers v. CYSA Grievance: Chairman Murphy updated the Board on the status of the grievance. Alex Para, Marge Madriago, Dave Messersmith, Lynn Morgan and Bob Palmiero expressed their support prior to the NBOD meeting. Ric Olivas was also very helpful. The USYS board met prior to the NBOD meeting and voted to unanimously support us. Marlene Bjornsrud, the CyberRays General Manager, resigned from her position with USSF because of the issue. Out of the discussion at the NBOD meeting, it seems the word "chattel" will never be used again. Also, not everyone knew that the word "open" comes from a federal statute. The only affiliates that voted against us were AYSO, USL, US Club Soccer, Y-League and MLS. The NBOD sent the grievance back to the Committee for re-review, a process that Dave Messersmith will be a participant. The definition of "open" will be defined. Chairman Murphy will write an executive summary and provide it to Dave Messersmith for further discussion. At the August USSF AGM, it is anticipated there will be further controversy over this issue. There are more than 20 states with boundaries.

The Chairman commented to the Board that USSF's general counsel is very young and legally inexperienced. He added that Mike Edwards is the head of the Amateur Division that is subsidized by USSF in the amount of $250,000 and therefore does what it believes will please USSF.
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CASE SUMMARY FROM USSF

GRIEVANCE SYNOPSIS: BEYERS v. CYSA-NORTH
August 9, 2002

An athlete who lives within the CYSA-North region filed a grievance against CYSA-North challenging a CYSA-North rule that required U-6 to U-15 players to
register with the league "closest to their residence." The athlete in question wished to be released from her local league for the new season so that she could play on a team in a neighboring town. The local league had previously released several other players, but refused this release request. The grievance charged that the CYSA-North rule as applied violated USSF Bylaw 213 and the Amateur Sports Act, which require that USSF and its affiliated state associations have "open" membership.

The USSF Board of Directors appointed a hearing panel to consider the grievance. The panel submitted a recommendation to the Board, and the Board found that CYSA-North had applied its rule on an inconsistent basis. The Board declared that "while it is permissible to use geographic regions for administrative purposes, players should be allowed, if they so desire, to move to whatever other organization or league that will take them." The Board directed CYSA-North to revise its rules accordingly.

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MINUTES
UNITED STATES SOCCER FEDERATION, INC.
EXECUTIVE COMMITTEE MEETING
OCTOBER 1, 2002

BEYERS GRIEVANCE FOLLOW-UP
Tim Pinto updated the Committee on communications with CYSA-North since the USSF Board issued its ruling in the Beyers grievance. A motion was made to order CYSA-North to provide a complete plan explaining how it would comply with the Board's ruling, that this plan be submitted by October 15, and that the plan call for full implementation by December 31. The motion PASSED by unanimous vote.

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League Bulletin November 2002 – AGM Edition

RULE CHANGE PROPOSALS.

Attached to this Bulletin are the Rule Change Proposals that are to be voted on at the Annual General Meeting scheduled for February 2, 2003, at the Sheraton Grand Hotel in Sacramento.

Proposal #1 [Failed]

Submitted by: John Murphy, Chairman, CYSA

Current: 3:02:02

under-14 players shall be approved with the consent of both leagues involved. If there is no affiliated league in the local area of an under-6 to under-14 player, that player may apply to the nearest affiliated league within the district for registration and must abide by that affiliated league’s rules. Inter-district registration, where necessary, shall require the approval of the two (2) District Commissioners of the respective Districts (reference 2:06:07E).

Proposed 3:02:02

Under-6 to under-14 players must register with the league closest to their residence. Under-15 and under19 players may register with any affiliated league in their district. Inter-district registration for under-6 to under-14 players shall be approved with the consent of both leagues involved. If there is no affiliated league in the local area of an under-6 to under-14 player, that player may apply to the nearest affiliated league within the district for registration and must abide by that affiliated league’s rules. Inter-district registration, where necessary, shall require the approval of the two (2) District Commissioners of the respective Districts (reference 2:06:07E).

A. Any player may register once for a seasonal year with any league within CYSA.

(1) All registrations must occur between June 1 and July 15 for the following seasonal year.

(2) Except as provided in subdivisions (c) and (d) of this section, no player movement of any kind is permissible after July 15 for play in the following seasonal year. All transfers, inter-district releases, inter-league releases, and other means of player movement other than the “add” process described below are abolished.

(3) A player may register as an “add” player after July 15 only if:

(a) the player is new to CYSA by having moved into to the state;

(b) the player has moved more than 75 mile radius from the player’s former home residence; or

(4) Players from a disbanded team may play on paper teams during the seasonal year of registration.

B. The Board of Directors, by a two-thirds vote of those present and voting with each member of the board having one (1) vote, may amend this section.

C. This section supersedes all other provisions of this Constitution, Bylaws, General Procedures, and Specific Rules that are contrary to or in conflict with it.

Justification:

This modification is based on and modeled after the rule used in another large state association. It is forced upon us by the actions of USSF.

In the matter of Ashley Beyers v. California Youth Soccer Association – North, the National Board of Directors (NBOD) of U.S. Soccer, also known as the United States Soccer Federation (USSF), made a “statement” invalidating our existing section 3:02:02. The statement is based on a serious lack of knowledge and understanding of youth soccer and is directed, as all NBOD actions relating to youth soccer appear to be, to favoring a small special interest group over the overwhelming number of youth soccer players. State Associations such as CYSA across the country are now in the process of undertaking concerted action to fundamentally change the structure and procedures of USSF to ensure that USSF will not continue on its approach to and attitude towards youth soccer in the Untied States. Unless and until either USSF is reformed, CYSA terminates its affiliation with USSF, or United States Youth Soccer (USYS or USYSA), with which CYSA is affiliated, terminates its affiliation with USSF, CYSA is required to comply with the USSF decision.

The following describes the basics of the circumstances insofar as her relevant of the NBOD statement.

The proposal made to the NBOD for resolution at the end of a multi-page decision that did set forth reasoning in the Ashley Beyers v. California Youth Soccer Association – North grievance stated:

“In conclusion, the panel believes that CYSA has applied its rule 3:02:02 on an inconsistent basis. CYSA should adopt rules/procedures statewide that provide a mechanism for individual player requests for transfers between administrative territories or members of the State Association, teams, leagues, districts, etc. Additionally, these procedures should specify how and to whom appeals of decisions may be made if a transfer request is denied. These appeal procedures must go through to the State Association. CYSA must monitor and enforce consistent application of its rules in this regard.”

This proposed resolution of the grievance would have allowed CYSA to adopt procedures and rules permitting player transfers among teams. THE PROPOSAL WAS REJECTED BY THE NBOD.

The actual one-paragraph statement adopted by the NBOD with no reasoning or accompanying justification of any kind states in its entirety:

“In conclusion, the panel believes that CYSA-North has applied its rule 3:02:02 on an inconsistent basis. While it is permissible to use geographic regions for administrative purposes, players should be allowed, if they so desire, to move to whatever other organization or league that will take them. CYSA-North 3:02:02 should be revised to assure that the rights of all soccer players under CYSA-North’s jurisdiction are properly protected.”

There are two parts of this statement with which we have to comply. First, the statement prohibits any inconsistencies in any forms of player movement. This prohibits CYSA, its districts, and the leagues from using any grounds for distinguishing players in connection with player movement involving the application of any discretion or judgment. This is so because any decision not based on purely objective standards applicable to a category of players, not individuals, will unavoidably result in the prohibited “inconsistencies” among players. The Ashley Beyers v. California Youth Soccer Association – North matter itself factually involved claims that players are entitled to move because the league had used its judgment to permit movement of other players in circumstances much different than those presented in the matter. Thus, under the NBOD’s statement, all players statewide must be treated identically. Unfortunately, the only way to accomplish this is by a statewide rule that has no room for discretion or judgment based on individual player circumstances. Thus, any approach that allows player movement on an individual basis such as by transfers, inter-district releases, inter-league releases, and other means of player movement or on any ground that allows the exercise of discretion or judgment cannot be in compliance with the NBOD decision and would be invalid.

The second part of the statement with which we have to comply concerns allowing players to register anywhere they want. This proposal complies with the NBOD decision by establishing a time frame of six weeks for players to register anywhere within CYSA. It permits players to be added to teams after the expiration of the time period based on objective standards applicable to all. It does not otherwise allow for player movement because to do so would be in violation of the first requirement of the NBOD decision for the reasons stated above. It does create a mechanism through CYSA’s Board of Directors to adopt amendments within the bounds of the NBOD decision to make adjustments without having to convene a meeting of the membership statewide. Such flexibility may well prove necessary or desirable as events unfold.

I am fully aware that the NBOD decision is a travesty and a tragedy. CYSA did everything within its power to prevent the NBOD from making such a massive mistake, but was not successful. Thus, at this point, we have no choice but to implement the best we can the NBOD decision. Unfortunately, the NBOD is dominated essentially by for-profit organizations and individuals that have little or no concern for youth soccer beyond using it as a source of financing and as nothing more than an operation to develop one percent of the players for professional operations such as MLS.

The NBOD statement in Ashley Beyers v. California Youth Soccer Association – North is based on the provision that says that all members of USSF must be “open.” The Ted Stevens Olympic and Amateur Sports Act, the federal law under which USSF is recognized and that permits it to be a national governing body, applies this requirement to all USSF members. That Act provides that USSF “is eligible to be recognized, or to continue to be recognized, as a national governing body only if it -- . . . (7) demonstrates that its membership is open to any individual who is an amateur athlete, coach, trainer, manager, administrator, or official active in the sport for which recognition is sought, or any amateur sports organization that conducts programs in the sport for which recognition is sought, or both.” (36 U.S.C. § 220522, subd. (a)(7).) USSF accordingly will remain eligible to retain its status as the national governing body only if it applies its statement equally to all members of USSF, which includes a number of other organizations, such as MLS and the United Soccer Leagues. This requirement has been pointed out to USSF’s general counsel both before and after the NBOD statement. CYSA on its own and through USYSA will do what it is necessary to insure that USSF fully complies with the requirements of federal law, and that it does not attempt to engage in discriminatory application of its statement against just CYSA or just youth soccer organizations affiliated with USYSA.

Rules & Revisions Recommendation: Approve (3) Not Approve (2) Abstentions (1)

Board of Directors Recommendation: Approve (5) Not Approve (4) Abstentions (2)

Proposal #2 [Failed]

Submitted by: John Murphy, Chairman, CYSA

Current: 3:02:02

Proposed 3:02:02

A. (1) All players must register with the league closest to their residence or within the school district in which they reside no later than June 15 of the year preceding the seasonal year of registration. (2) From June 1 to July 15, any player may move to any other league within CYSA. (a) The movement of any player between June 1 and July 15 shall be accomplished by the completion of a CYSA acceptance form signed by the accepting league with a copy provided to the league from which the player moved and CYSA.

(b) The movement of any player is not effective, and the player remains in their league of residence for all purposes, unless the CYSA main office and the league from which the player moved receives a copy of the signed acceptance form together with the requisite fees no later than 5:00 PM of the fifth business day following July 15. The CYSA office and the league from which the player moved must physically receive the acceptance form by the deadline; neither email nor facsimile copy of the form is acceptable.

(c) The accepting league may impose on any player that does not reside within its boundaries or within the school district of residence that it accepts an additional fee not to exceed $20 to cover the administrative cost of such movement, at least $10 of which shall be forwarded to CYSA to cover its additional administrative costs.

B. (1) As of July 15 of each year, all players are committed to the teams they have joined for the remainder of the seasonal year.

(2) Except as provided in subdivisions (3) and (4) of this section, no player movement of any kind is permissible after July 15 for play in the following seasonal year. All transfers, inter-district releases, inter-league releases, and other means of player movement other than the above-described acceptance form and the “add” form described below are abolished.

(3) A player may register as an “add” player after July 15 only if:

(1) the player is new to CYSA by having moved into to the state;

(2) the player has moved more than 75 mile radius from the player’s former home residence;

(3) the player has not played as a CYSA player within the year preceding July 15.

(4) Players from a disbanded team may play on paper teams during the seasonal year of registration.

C. The Board of Directors, by a two-thirds vote of those present and voting with each member of the board

having one (1) vote, may amend this section.

D. This section supersedes all other provisions of this Constitution, Bylaws, General Procedures, and Specific Rules that are contrary to or in conflict with it.

Justification:

Proposal number 2 is a variation of proposal number 1 and the basic justification for it are set forth in the justification for proposal number 1. Proposal number 2 differs from proposal number 1 in that it requires players to register first with their league of residence or within the school district in which they reside before moving to any other league within CYSA.

I made proposal number 2 to provide the membership with an alternative approach that would continue to allow the league of residence to obtain the funds generated from fees that may be needed for their operations and that would allow both the leagues and districts to continue to be the focal point within their communities as the youth soccer organization in the area and to retain their registration size.

Rules & Revisions Recommendation: Approve (0) Not Approve (5) Abstentions (0)

Board of Directors Recommendation: Approve (2) Not Approve (7) Abstentions (2)

Proposal #3 [Failed]

Submitted by: Cary Jones, District I Commissioner, on behalf of District I Leagues.

Current: 3:02:02

Under-6 to under-14 players must register with the league closest to their residence. Under-15 to under-19 players may register with any affiliated league in their district. Inter-district registration for under-6 to under14 players shall be approved with the consent of both leagues involved. If there is no affiliated league in the local area of an under-6 to under 14 player, that player may apply to the nearest affiliated league within the district for registration and must abide by that affiliated league’s rules. Inter-district registration, where necessary, shall require the approval of the two District Commissioners of the respective Districts.

Proposed: 3:02:02

A player may register with any CYSA affiliated league that will take them. A registered player is bound to an assigned team for the entire seasonal year unless the player requests a transfer or a release. The transfer of a player may only occur prior to Labor Day of the seasonal year and after Dec 1. Between Labor Day and Dec 1 no player transfer will be allowed. With proper registration a team may “add” an unregistered player to its’ roster at any time during the seasonal year.

Justification:

The USSF National Board of Directors ruling in Beyers vs. CYSA states: “In conclusion, the panel believes that CYSA-North has applied its rule 3:02:02 on an inconsistent basis. While it is permissible to use geographic regions for administrative purposes, players should be allowed, if they so desire, to move to whatever other organization or league that will take them. CYSA-North 3:02:02 should be revised to assure that the rights of all soccer players under CYSA-North’s jurisdiction are properly protected.”

In my opinion the fundamental intent of the USSF ruling is that a player should be free to seek a league in which to register (“ players should be allowed....to move..”) and that their should be no impediment imposed that would restrict the player’s search. I do not believe that the language of the USSF ruling mandates that a league must accept any and all requests to register players. My proposal for revision of 3:02:02 allows a player to find a CYSA affiliated league that will register them, regardless of the player’s place of residence. No interleague or interdistrict release would be needed to register. The revision also allows a league the discretion to accept or deny a request to register. Please notice that the revision contains the exact wording (“..league that will take them.”) found in the USSF ruling. Once registered, a player is bound to their team in the fall season and may only transfer after fall league play. This assures continuity of the team for fall league play and gives league registrars a well-deserved break after the annual registration process. A

player “add” can occur at any time.

Rules & Revisions Recommendation: Approve (3) Not Approve (2) Abstentions (0)

Board of Directors Recommendation: Approve (3) Not Approve (7) Abstentions (1)

Proposal #4 [Failed]

Submitted by: Jan Gates, Foothill League President

Current: 3:02:02

3:02:02: Under-6 to under-U4 players must register with the league closest to their residence. Under-15 to under-19 players may register with any affiliated league in their district. Inter-district registration for under-6 to under-14 players shall be approved with the consent of both leagues involved. If there is no affiliated league in the local area of an under-6 to under-14 player, that player may apply to the nearest affiliated league within the district for registration and must abide by that affiliated league’s rules. Inter-district registration, where necessary, shall require the approval of the two (2) District Commissioners of the respective Districts (reference 2:06:07E). Please refer to PIMs 90-2, 92-1 and 97-1 for additional information.

PIM 90-2 (Rev.1/02) Inter-District Release:

A player that resides in one district and wishes to play in another district may do so upon the approval of the Inter-District Release form by the releasing and accepting leagues and the releasing and accepting District Commissioners.

PIM 92-1 Registration Processing Fees:

The only processing fees to be charged are:

Inter-District Release: $5.00, with the fee going to the accepting district.

Transfers: $5.00

No other processing fees are to be charged.

PIM 97-1 (rev. 6/00) Clarification of Transfer Rule 4:06:01 A.

Proposed: 3:02:02

3:02:02 All players must register with an affiliated CYSA Association league. If the league is not within their district of residence, the district of residence should be notified with an Inter-District Notification form through the State Office. The District notification form will include, but not be limited to:

-Player name, telephone number and address

-District number of soccer play

-League number and name of soccer play

-Club number and name of soccer play

-Team number and name of soccer play

-Reason for registering outside of the player's district of residency

Failure to file the form before competition may place the player in "bad standing" with the Association and ineligible for tournament and league soccer play.

Please refer to PIMs 92-2 and 97-1 for additional information.

~~PIM 90-2 (Rev. 1/02) Inter-District Release~~ Remove PIM, no longer required.

PIM 92-1 (Revised 2/03) Registration Processing Fees

The only processing fees to be charged are:

C. Inter-District Notification form: $5.00, with the fee going to the accepting district.

D. Transfers: $5.00

No other processing fees are to be charged.

Justification:

This proposal is made to comply with the United States Soccer Federation (USSF) ruling described in a May 11, 2002, Board meeting notice. The proposal allows: the open membership required by the USSF for CYSA to maintain membership within the National association, and allows Districts to understand player transfer reasons for soccer play in another location.

Rules & Revisions Recommendation: Approve (0) Not Approve (5) Abstentions (0)

Board of Directors Recommendation: Approve (0) Not Approve (10) Abstentions (1)

Proposal #5 [Passed]

Submitted by: Redwood Junior Soccer League

Current: 3:02:02

Under-6 to under-14 players must register with the league closest to their residence. Under-15 to under-19 players may register with any affiliated league in their district. Inter-district registration for under-6 to under14 players shall be approved with the consent of both leagues involved. If there is no affiliated league in the local area of an under-6 to under-14 player, that player may apply to the nearest affiliated league within the district for registration and must abide by that affiliated league’s rules. Inter-district registration, where necessary, shall require the approval of the two (2) District Commissioners of the respective Districts (reference 2:06:07E).

Proposed: 3:02:02:

Under-6 to under-14 players must register with the league closest to their residence. Under-15 to under-19 players may register with any affiliated league in their district. Inter-district registration for under-6 to under14 players shall be approved with the consent of both leagues involved. If there is no affiliated league in the local area of an under-6 to under-14 player, that player may apply to the nearest affiliated league within the district for registration and must abide by that affiliated league’s rules. Inter-district registration, where necessary, shall require the approval of the two (2) District Commissioners of the respective Districts

~~(reference 2:06:07E).~~

3:02:02 Any player may register with any affiliated League in any District within this Association without restriction by the CYSA Board of Directors, its members, its program administrators, its Districts, or its affiliated leagues.

Justification: None given.

Rules & Revisions Recommendation: Approve (1) Not Approve (4) Abstentions (0)

Board of Directors Recommendation: Approve (0) Not Approve (9) Abstentions (2)

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WEB ARTICLE
SCYSL - THE KEEPER (a publication of Santa Clara Youth Soccer League)
December 2002 - Volume 6, Issue 12

This year there are 33 proposals that could fundamentally change the way CYSA operates. [snip] First, substantial changes are proposed for the registration process as a result of the grievance Ashley Beyers v. California Youth Soccer Association-North to the United States Soccer Federation. As part of their ruling, the National Board of Directors invalidated Section 3:02:02 of the General Procedures of CYSA making it necessary to adopt changes that comply with the guidelines set by USSF.
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SECTION 3:02:02, General Procedures of CYSA
As of January 2007, incorporating changes ratified at the 2003 CYSA-N AGM

[3:02:02] Any player may register with any affiliated League in any District within this Association without restriction by the CYSA Board of Directors, its members, its program administrators, its Districts, or its affiliated leagues. This section does not change the right and authority of leagues to, among other things, establish the rules governing the players, team officials, and teams registered with the league, including the right and authority of leagues not to accept any person as a team official or any player the league chooses not to accept.

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MINUTES
US Soccer Federation Board of Directors Meeting, May 18, 2003
Section VI Business/Voting Items - Confirmation of Minutes (February 16, 2003 Meeting)
UNITED STATES SOCCER FEDERATION, INC.
BOARD OF DIRECTOR'S MEETING
FEBRUARY 16, 2003

Kevin Payne asked for an update on the resolution of the Beyers grievance against CYSA-North. Mr. Pinto provided a brief update. He explained that CYSA-North had passed a new rule at its annual meeting that allows players to register in any league in any district.

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END