Section 3 to Chapter XIX

February, 2007

Motion: Moved to append the following Section 3 to Chapter XIX of the USATT Bylaws
Motioner: Sheri Pitman   Seconder: Tim Boggan

Section 3. Extraordinary Circumstances. Should a member conduct matter be referred to the Ethics and Disciplinary Committee pursuant to Section 2 of this Chapter, and should the USATT Board of Directors make a finding that extraordinary circumstances are present which would merit review outside the procedures listed in Section 2 of this Chapter, USATT may refer the matter to an ethics arbitration panel under USOC auspices for a hearing.

(a)     Such a referral may be made at any time prior to a final decision is reached under the Section 2 procedures.

(b)     Such a referral may only be made if both the complainant and the respondent member agree to be bound by the USOC panel’s holding. 

(c)     The USOC panel shall have full power to order affirmative or negative injunctive relief.  The decision rendered by the panel shall be final.

(d)     The complainant, the respondent member, and USATT shall execute an agreement to be bound by the holding of the USOC panel.   Only the USATT Executive Director may execute the agreement on behalf of USATT.

(e)     If USOC declines to hear the matter, the complaint must be returned to the jurisdiction of the Ethics and Disciplinary Committee for adjudication under Section 2 of this Chapter.

(f)       Once USOC accepts a referral under this Section, USOC has full discretion regarding the composition of the panel and the panel’s procedures.

Closing date for voting: Tuesday, February 6, 2007, Noon MST or as soon as everyone has registered their vote.

Motion passed: 10-1-1-1
In favor: Dell S, Ashu J, Joseph W, Robert B, George B, Khoa N, Sheri P, Tim B, Whitney P, Ed H, 

Against: Barney R: statement- Until we can demonstrate a commitment of effective governance
the USOC will continue questioning USATT's Board leadership of managing athlete development. 
In my view USATT governance issues continue to dominate our organizations focus and to date   
this Board has yet to exercise the will to end this cycle of self destruction. 

Abstain:  Jiing W

No vote: Lily Y