I think the concept of an "appeal process" is thinking about the subject backwards.
Andre asked for a proposal - I'll present in writing my proposal for how the whole Worlds' release process could work.
If an athlete decides they want to request a release from their current gym to compete for another program's Worlds' team, they must do the following:
- The athlete must submit, either electronically or in writing, a request to be released from their current program to the USASF.
- Upon receipt of the release request, the USASF will then notify the athlete's current gym, either electronically or in writing, that a release request has been made. At this point, the gym has three options:
- Accept the release request. At this point, the athlete is immediately free to compete for any other gym of their choice, without restriction.
- Do nothing. If the athlete's current gym chooses not to respond to the release request, the athlete is automatically released from their commitment to their current gym 90 days from the date the release request was received by the USASF. During this time, the athlete is NOT allowed to compete with any other program other than the one they are currently affiliated with.
- Deny the release request. The athlete will not be allowed to compete with any other program other than the one they are currently affiliated with.
- If a gym wishes to deny the release request, they must provide, in writing, the reason why they are denying the request. The only valid reasons for denying a release request are:
- Financial obligation. If the athlete currently has an unpaid financial obligation to their current gym, the gym has the right to deny the athlete's transfer request. Evidence of financial obligations must be provided, and these can include contracts, invoices, or other instruments that illustrate the athlete's unmet obligations.
- Violation of recruiting guidelines. If the current gym has evidence that the athlete in question was recruited by another USASF member program, the gym has the right to deny the athlete's transfer request. The gym must provide physical evidence (email, first-hand social media, etc.) that recruiting has taken place. Note that hearsay, rumors or second-hand information will not be considered "evidence" for the purposes of this denial.
- In the event an athlete's release request is denied, they will be notified electronically or in writing within 7 days of the request being denied.
- If the athlete's request was denied due to unpaid financial obligations, the athlete must be given the opportunity to pay the gym any monies owed. If the athlete provides evidence (voided checks, invoices, etc.) that said obligations are paid in full, then the gym can no longer deny the release request on these grounds.
- If the athlete's request was denied due to a violation of recruiting guidelines, then the athlete can appeal the denial to the USASF Board of Directors. The athlete must be provided copies of the evidence used by the gym in the initial denial of the transfer request and be given an opportunity to rebut said evidence in writing.
- No athlete can request more than one release per competition season.
- No athlete can request transfers in consecutive competition seasons.
- No athlete can request a release within 90 days of Worlds.
- Athletes can appeal release denials to the USASF Board of Directors. All appeals will be heard within 30 days and the decision of the USASF Board of Directors is final.
RATIONALE
The purpose of changing the USASF Worlds release process is to put the onus on the gym to have a valid rationale for denying a release. Right now, the current method allows gyms to deny a release for any number of reasons, or for no reason at all. In a sport that's "pay to play", that is simply too much power to put in the hands of the gym owner.
The model proposed has many advantages:
- It has safety-valves in case gyms do not respond to release requests, thus handling the oft-cited case of "what happens if the gym closes".
- It encourages transparency. Gym owners cannot simply refuse to allow a transfer - they must have a valid reason that fits within the specific criteria listed above.
- The limits on transfers discourage gym hopping and serve to protect higher-level teams at major competitions, like Cheersport, NCA, etc.