Any Adult Applicant who has been disqualified from participation with the KYSA has the right to appeal the initial decision made by the RM Committee. Once the written notification of the disqualification is received by the individual, that individual must submit a written notice of appeal to the Appeals Committee addressed to the KYSA State Office. The written notice of appeal must be received by the KYSA State Office within ten (10) calendar days from the receipt of the disqualification letter. In the event an Adult Applicant fails to appeal within the 10 calendar day period, the Adult Applicant may re-apply for risk management after one (1) full calendar year from the initial application date. To re-apply, the Adult Applicant must submit a letter to the KYSA Board of Directors seeking consideration of their request.
The appeal hearing date will be established at the discretion of the Appeals Committee. No members of the KYSA Board of Directors, except the KYSA President, who serves as an ex-officio member, will serve on the KYSA Risk Management Committee. A disqualified Adult Applicant may send materials to the KYSA State Office to be reviewed by the Appeals Committee prior to the hearing date. All materials must be received within twenty (20) calendar days from the receipt of the disqualification letter. The Appeals
Committee’s decision will be relayed in written form to the individual no later than 10 business days from the date of the hearing. The Appeals Committee may rule in the following ways:
- Reinstate the Adult Applicant*
- Amend the initial decision reached by the KYSA Risk Management Committee*
- Uphold the initial decision reached by the KYSA Risk Management Committee*
*The Appeals Committee determines the terms of reinstatements and the terms of disqualifications. Recognizing that State Associations can differ greatly, U.S. Soccer has allowed each State Association to establish its own criteria for prevention of abuse based upon applicable laws in each state, each State Association’s insurance program, and what each State Association believes is best for its membership. The USSF Appeals Committee does not review risk management decisions by Organization Members. USSF Policy 601-10 sets out the procedures for recognition of risk management actions and does not provide for an appeal of this type of disqualification to the USSF Appeals Committee.
This section only applies to individuals disqualified as described in DISQUALIFICATION PROCEDURE (a).(a) Normal appeals process applies as described above. The determination by the legal court system will not necessarily imply that the same decision will be reached by the Appeals Committee. Determinations by the court of ‘Not Guilty’, ‘Dismissed’, (or similar) will not automatically reinstate the individual for full participation within KYSA; an appeal hearing will still take place unless overruled by the KYSA Board of Directors.