Decisions by the Cup Administration. All decision in these rules which are the responsibility of “the Cup” will made by the Westchester Cup administration.
The Cup shall manage all matters requiring arbitration that pertain to the Westchester Cup sponsored competition. The Cup will administer Game Protests and Behavioral Incidents. The Cup has the authority to suspend or fine any Player, Coach, Team, Team Official, club Official, Team and/or club Supporter. The Cup has the authority to fine any team and club.
Eligibility Protests: Protests on questions of player eligibility must be filed with the Cup in writing, with substantiating facts to the Cup, any time within the current season.
Appeal of a Cup Decision: A club may appeal a decision of the Cup only to the Appeals Committee of the Westchester Cup in accordance with Rules contained within this Protests and Appeals section.
Form and Authority. The Westchester Cup Appeals Committee shall be responsible for hearing appeals pertaining to a decision rendered by the Westchester Cup administration or special (ad hoc) committees of the Westchester Cup. All avenues of appeal must be exhausted at all levels below this body before the Appeals Committee will consider hearing an appeal.
Filing Appeals. Appeals of a decision rendered by the Cup are filed by member clubs, who shall be responsible for adhering to the rules regarding appeals and guarantee all fees and fines.
A. Validity and Eligibility. To be valid and eligible for consideration, each appeal must:
1) Be accompanied by an appeal fee in the amount of $250, in the form of a check or money order made payable to the Westchester Youth Soccer League.
2) Be submitted with the approval of the member club. The submittal must describe in full detail the grounds for the appeal and bear the signature of the member club’s president, as well as the signature of the affected coach of any team.
3) Be accompanied by three (3) copies of any information to be presented by witnesses and/or supporting documents.
4) Be provided to the Cup office by first class mail and postmarked, as well as (with respect to copies available in electronic form) e-mailed, no later than midnight of the tenth (10th) calendar day after the date of notice of the decision of the Arbitration Board giving rise to the appeal to the Chairmen of the Appeals Committee at the Cup’s office, with email copies to the coach of the opposing team and the president of the opposing club.
5) Pertain to a decision rendered by the Arbitration Board.
6) Be initiated by a party directly affected by the decision under appeal. An affected party, as used throughout this Rule, is defined as a team coach and/or a club president who was party to the decision under appeal.
7) Include all information necessary to allow a fair and just decision.
B. Non-Conformance. Appeals not filed within the required time limit, or which have been submitted without written details or without remittance of the fee or without a copy being sent to the opposing team or club, or otherwise not in full conformity with Rule 4(A) of this Part, may be rejected without consideration.
C. No Lawyers. An Appeals Committee hearing is not a legal proceeding. Involved parties may not be represented by legal counsel. Attorneys may appear before the Committee only as affected parties in an individual capacity and not as legal counsel.
D. Ignorance of Rules. A plea of ignorance of the rules and regulations of the Cup is not sufficient grounds for the filing of an appeal.
E. Forfeiture of Appeal Rights. An affected party failing to appear before the Appeals Committee after having received proper notice shall forfeit all rights to appeal.
F. Basis of Decision. The Appeals Committee shall render a decision on any appeal on the basis of any information, from any source that it deems appropriate under the circumstances.
G. Appeals Fee Forfeited. The appeals fee shall be forfeited to the Cup if the Appeals Committee does not uphold the appeal.
H. Conflict of Interest. If a member of the Appeals Committee is connected with the division or with either of the clubs involved in the appeal, he shall rescue himself from participating in the appeal.
I. Participation in Meetings. Appeals shall be heard in person or by telephone conference call at the Chair’s discretion; it shall be closed to the public. The Appeals Committee may set time limits for oral argument, if any, as deemed appropriate by the Appeals Committee.
J. Burden. The appellant shall bear the burden of showing that the decisions being appealed from is clearly erroneous.
K. Hearing. The Appeals Committee shall be convened by the Chairman at his or her discretion. Notice shall be given to affected parties, the Chairman of the Arbitration Board, and others invited to aid in the Committee’s deliberations and/or to present relevant information, no later than two business days prior to the scheduled meeting.
L. Evidence. No new evidence may be presented to the Appeals Committee unless circumstances have materially changed, or new facts are discovered that were unavailable at the time of the original hearing. In such case, the Appeals Committee may allow that such new evidence be presented to it provided all parties to the appeal have been given notice and are preparedto respond to the materially changed circumstances or previously unavailable or undiscovered facts.
M. Stay of Arbitration Board Decision. A decision rendered by the Cup from which an appeal is taken may be suspended by the Appeals Committee only upon written application by the appellant which accompanies the Notice of Appeal and the finding by the Appeals Committee of good cause shown. Good cause shown may only be made upon a unanimous vote of the Appeals Committee and a written decision which specifically states that there is a strong likelihood of success upon the appeal and that circumstances are present which clearly show that the appellant will suffer irreparable harm unless the decision from which the appeal is taken is suspended pending the determination of the appeal. The decision of the Appeals Committee regarding suspension of the decision pending determination of the appeal shall be final and may not be further appealed.
N. Limit of Relevancy. No decision which arises out of the application of the rules of competition that is made in the course of the competition, and has no consequence beyond the competition as herein defined, shall be appealable. For the purposes of this policy, the term “competition” may include Group Play or Playoff games.
O. Timeliness of Decision. The Appeals Committee shall render a decision within ten (10) business days of the completion of the appeal hearing. Failure to render a decision within this period shall entitle the party filing the appeal to submit the appeal to the next level of authority without determination and the appeal fee submitted shall be refunded.
P. Notification of Decision. All parties to an appeal shall be notified in writing of the decision rendered by the Appeals Committee within fifteen (15) business days of the completion of the appeal hearings.
Q. Appeal. Decisions of the Appeals Committee shall be final and binding unless and until overturned under appeal as provided for in these Rules.
No Westchester Cup official, club, league, team, coach, referee, player, or other representative may invoke the aid of the Courts of any State or of the United States without first exhausting all available remedies within the appropriate soccer organizations.
For violation of this rule, the offending party shall be subject to the sanctions of suspension and fines and shall be liable to Westchester Cup for all expenses incurred by the Westchester Cup, the Westchester Youth Soccer League, Inc. and their respective officers, directors, employees, agents and representatives, in defending any court action, including but not limited to the following:
1. Court costs
2. Attorneys’ fees
3. Reasonable compensation for time spent by such persons in responding to and defending against allegations in the action, including responses to discovery and court appearance.
4. Travel expenses
5. Expenses for holding special Westchester Cup and/or Westchester Youth Soccer League meetings necessitated by court action.
Line of Authority for an Appeal
The line of authority for an appeal of a decision rendered by the Westchester Cup or Westchester Appeals Committee shall be:
1. Westchester Youth Soccer League Appeals Committee (or Westchester Youth Soccer League Board if such Board decides to take direct jurisdiction for such an appeal).
2. US Club Soccer
3. USSF National Appeals Committee
Appeal Fees Appeals following the line of authority listed above are made directly to each level. The fee for an appeal is prescribed by each level of appeal and is made payable to each level.
“Appeals Committee” shall mean the Appeals Committee of Westchester Cup as used in these Rules and as authorized directly or indirectly by the Westchester Youth Soccer League.
“Club” shall mean any club that enters a team for a Westchester Cup competition.
“The Cup” shall mean the administration of the Westchester Cup as used in these Rules and as authorized directly or indirectly by the Westchester Youth Soccer League.
“The League” shall mean the Westchester Youth Soccer League.
President shall mean the President of the Westchester Youth Soccer League unless otherwise indicated.
Matters Not Provided
Any matters not provided for in these rules shall be determined by the Cup or by the Westchester Youth Soccer League (WYSL) Board and decisions so made shall
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