Athletes Advisory Council
Due Process For Athletes
The concept of “due pro-
cess” is something that you might not have the opportu- nity to think about on a regu- lar basis, but it is certainly an idea that is fundamental to our American way of life. The Fifth and Fourteenth Amendments to the United States Constitution provide that no person should be deprived of their life, liber- ty, or property without due process of law. Part of this concept of due process is the idea of “procedural” due process – that a person is entitled
to certain proce-
dural protections when the government attempts to de- prive a person of his or her life, liberty or property. idea of
pr
due process ma something
thing ou pic mo
with athletics with athletics or with the Olympic movement in gen- eral. But the U pic
associat with the in gen-
Olympic Committee and its National Governing Go
National ies, lik
oponents of the principle that an athlete is entitled to minimum standards of fun- damental fairnessdamental fairness before he or she is sanctioned or declared ineligible to compete. The Ted Stevens Olympic and Amat e u r Sports Act requires an athlete have
minimum stand a hearing before March 2016 | USA Shooting News 15
But the United States ee and its Bod-
ed Stat
ies, like USA Shooting, are proponents of the principle an athle e is entitled ds of
USA Shooting, are
being declared ineligible to compete, and the USOC ac- tually has a “Due Process Checklist” that contains procedural protections
de-
The idea of procedural due process may not be you associate or
signed to ensure that such a hearing is fair and impartial. Among other things, an ath- lete should be given written notice of the charges or the rules he or she is accused of violating and be advised of the consequences if those charges are found to be true. The athlete should have a reasonable amount of time to prepare a defense and the ability to be represented by legal counsel if he or she desires such representation. The hearing should be con- ducted before fair and LPSDUWLDO
SDU an IDFWÀ QGHUV
and the athlete should have
opportunity
during that hearing to call witnesses, pres- ent oral and
witnesses, pres- ent oral and
written evidence, and con- front and cross-examine any adverse witnesses. An ath- lete is further entitled to a timely, written and reasoned decision as well as written notice of appeal procedures. If the athlete decides to ap- peal, an athlete is also en- titled to prompt and fair de- termination of the appeal. This quick summary is
just intended to give you an idea of some of the rights you have that you might not have known existed before now – the full USOC Due Process Checklist can be found at
http://www.teamusa.org/ athlete-resources/athlete- ombudsman/athlete-rights. In addition, if you ever have a question about your due process rights with respect to competition, or any other athletes’ rights issues, you can always contact one of your athlete representatives or the USOC Athlete Om- EXGVPDQ·V RIÀ FH
By Mary Weeks AAC Representative
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