United Schutzhund Clubs of America-- Board of Inquiry (BOI) Procedure - Page 1

 In the United States, we have this wonderful thing called due process.  I am fairly certain that there is a similar concept in England.   It is a process that assures fairness, and applies to various types of tribunals, whether those tribunals be civil and/or criminal trials in the judicial area in the "Real World,"  or dog clubs.  Essentially, an accused has a right to be apprised of the charges against him/her; be provided with all of the evidence, witness testimony and "proof" upon which charges may be based; be accorded an opportunity to respond to the charges; be accorded the opportunity to present his/her own evidence and /or witnesses; be heard by an impartial tribunal.    Ideally, an accused is subject to charges only during a reasonable period.  In the criminal  and civil areas, that would be found in a statute of limitations to file charges or institute lawsuits for particular actions.  (And, yes, we all know that there is no statute of limitations on murder). 

Below are the disciplinary provisions from the USCA bylaws for individuals who continue to wonder why USCA does not act precipitously based on gossip and bad-mouthing on the internet.    The phrase" prejudicial to the interests of..." is a catch-all.  It would apply to a variety of things, such as "unsportsmanlike conduct" ( which itself covers a host of issues).   Outright cheating at a trial,  disrupting a trial,  threatening an officiating judge, or abusing a dog during a trial  would be an example of "unsportsmanlike conduct."   "Prejudicial to the interests...  "would also cover unethical and/or criminal conduct with which USCA and its membership would not want to be associated.    Examples of that would be convictions of animal abuse, activities involved in dog-fighting,  or non-payment of  required entry fees (after participating in a trial or show, and, perhaps, not obtaining the desired result).  

I hope this helps to clear up any misconceptions.

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ARTICLE XI. DISCIPLINE

SECTION 1. CHARGES

Any full member of USA may prefer charges against any USA club and/or USA member for violating USA

regulations or for conduct that is prejudicial to the interests of USA. To be heard, charges must be filed

within one (1) year of the date of the alleged misconduct or rule violation, or from the time it was known or

reasonably should have been known that a violation or misconduct occurred. All matters involving actions

by USA judges,

 

as judges, shall be referred exclusively to the USA Judges Committee.

SECTION 2. PROCEDURE

Charges must be processed according to the following procedure:

a. The charge(s) against the accused member and/or accused club must be submitted in writing and must

be notarized. The charge(s), and all substantiating witness statements and/or documentary evidence

upon which it is based, shall be forwarded to the USA Secretary with a deposit of two hundred dollars

($200) for the initial charge. A “charge” shall consist of a single, specific, allegation. There shall be an

additional fee of fifty dollars ($50) for each additional allegation filed with the initial charge. The charging

party is responsible for providing sufficient copies of all electronic media documentation or evidence

(video, audio recordings, photos, etc.) for each Board of Inquiry member and the USA Secretary (8

copies). The deposit shall be forfeited for each charge or allegation that is not sustained. All charges filed

without notarization and/or electronic copies shall be returned to the member as a defective filing.

b. The President and Secretary of the organization may file charges on behalf of USA against members or

clubs without a deposit. Such charges shall be required to be notarized.

c. The Secretary shall send copies of the charges to the Board of Inquiry full members and alternate(s) (if

applicable) within fifteen (15) days of receipt.

d. The Secretary shall also send one (1) copy of the charges to the accused member and/or to the accused

club in care of contact person of record listed in Schutzhund USA within fifteen (15) days of receipt.

e. The accused member and/or accused club may respond to charges in writing to the Secretary within

thirty (30) days of receipt of the charges, and may also provide testimony from witnesses. The Secretary

shall forward copies of any response and/or any testimony to the Board of Inquiry full members and

USA Constitution and Bylaws 16 of 17 Revised November 2010

alternate(s) (as applicable) within fifteen (15) days of receipt. If no answer is received, the Secretary shall

so inform the Board of Inquiry within thirty (30) days.

f. The Secretary shall use certified mail/return receipt for transmittal of all documents to the accused and

the accuser, and shall use U.S. mail, electronic mail, and/or digital communication for transmittal of all

documents to the Board of Inquiry.

SECTION 3. BOARD OF INQUIRY ACTION

a. The Board of Inquiry shall make a determination about the relevancy of the charges and whether the

charges shall be considered within fifteen (15) days of receipt of the charges. If not relevant, the accuser

and accused shall be notified by the Secretary within seven (7) days of the decision of the Board of

Inquiry. If the charges are determined to be relevant, the Board of Inquiry shall conduct a confidential

investigation of the charges. By a majority vote, the Board of Inquiry shall, within sixty (60) days of

receipt of the response to the charges, vote sustain or not sustain the charge(s). The Board of Inquiry

shall issue a determination letter setting out its findings; which shall be sent to the accused, the charging

party, and the Executive Board with within the sixty (60 days of receipt of the response to the charges.

b. The Board of Inquiry shall recommend, if the charges are sustained, appropriate disciplinary action.

(1) If a full member club is found guilty, appropriate disciplinary action may include:

(a) Reprimand of the club.

(b) Monetary fine in an amount commensurate with the seriousness of the offense.

(c) Placement of the club on probation under the supervision of some person appointed by the

Board of Inquiry or the Executive Board of Directors.

(d) Suspension of the club for a specified period of time, during which the club may hold no USAsanctioned

activities.

(e) Cancellation of the club's license (reducing the club to affiliated club status).

(f) Expulsion of the club.

(2) If an affiliated club is found guilty, appropriate disciplinary action may include Items a, b, c, d, and

f above and also may include delaying consideration of the club for upgrade to full member status

for up to one (1) year.

c. If the accused member is found guilty, the Board of Inquiry shall recommend an appropriate disciplinary

action and present that recommendation to either Board of Directors. The recommendation shall be

sustained, modified, or rejected by the Board of Directors.

d. No member who has been suspended or expelled by USA may participate in any activities sponsored by

the association, or in activities sponsored by any of its clubs, for the duration of the suspension or

permanently, if expelled.

e. If any charges against a club and/or member fail to be heard within the time frame specified by Article

VI, Section 3.a. as provided in these bylaws, all money deposited with USA by those filing the charges

will be refunded and a full report by the Board of Inquiry will be made to the either Board of Directors.

f. Disciplinary action taken by a local club against a member or members of that club is an internal affair

of the club and does not affect the USA membership of those individuals. Such local club disciplinary

actions need not be recognized or honored by other local clubs.

g. Non-compliance with the disciplinary decision(s) of the Executive Board and/or General Board of

Directors shall result in suspension for a minimum of ninety (90) days.

h. In the event that the Board of Inquiry determines that charges filed against a member or club are

knowingly false, the Chair of the Board of Inquiry shall indicate such in its determination letter and the

President or Secretary shall file charges against the charging party for abusing the disciplinary process, as

such conduct is prejudicial to the interests of USA. In the event that the Board of Inquiry determines

that a witness provided knowingly false testimony (including forged or altered documentation), the

Chair of the Board of Inquiry shall indicate such in its determination letter and the President or

Secretary shall file charges against that member for abusing the disciplinary process, as such conduct is

prejudicial to the interests of USA.

SECTION 4. APPEAL PROCESS

a. Any appeal from the Board of Inquiry determination shall be made within fourteen (14) days of receipt

of the Board of Inquiry determination letter by filing a statement of appeal by certified mail with the

USA Secretary.

USA Constitution and Bylaws 17 of 17 Revised November 2010

b. Review of the Board of Inquiry file shall be made by the Directors at Large, who will review the

charge(s) (including any witness statements and documentary evidence), the response of the charged

party (including any witness statements and documentary evidence), and any independent evidence

developed by the Board of Inquiry to determine the reasonableness of the Board of Inquiry determination.

An appeal by either party shall constitute a waiver of confidentiality, allowing the Board of Inquiry

members to fully disclose to and discuss with Executive Board members all of the evidence presented

during the investigation.

c. The appeal shall not be a hearing de novo, meaning that the matter shall not be reinvestigated by the

Directors at Large, but the Directors at Large shall review all the evidence presented and either sustain

the appeal or deny the appeal. In the event the appeal is sustained, the charge is referred back to the

Board of Inquiry for further specified investigation or consideration. In the event the appeal is denied,

the Executive Board, without entertaining further

 

how dare you bring clarity and facts onto this chat room. I would like to thank all of the officers, judges, and volunteers who help UScA strive to help the GSD in the USA. For that matter any one who helps any breed organization for the betterment of that breed without receiving money or even credit for their time and effort. THANK YOU. 

Thanks Nia!

Agree 100% gsdstudent!

My question then would be about discovering and exploiting loopholes. How does one address those? Since you are being available for expert commentary, Mystere. 

 Please be patient with me, as I know I am thought of as a dull pencil sometimes, slow to pick up on some things that are obvious to others. I know I am only a non-member to the topic organization, someone who only experiences these internet mud draggings, time and time again on the PDB. I just happen to make personal observations when I notice it is some of the same savvy players who are taking up the courts time.  Despite your providing all this legalese for direction, I can't help feel a certain familiarity with this latest event, just like a pattern. Even down to the pattern of the defenders! It is weird. Deja vu all over again! 

I think only a few others besides myself and perhaps Hundmutter, wordsmiths as we are, see how the current "Title of Breed Warden" in the UScA could unwittingly confer different responsibilities besides that of a glorified registrar of breedings. I am thinking this would be an Executive Agenda item for the board. I am probably just wrong about that!  But like I said, what the heck would I know, I've used up all my brain cells on this! And my two cents is worth just that.

 

Thank you for that suggestion, Mystere. It really helped to clear things up for me. In theory, I think I would have to determine a task and request a Special Committee be created to address concerns of any theoretical discovery or exploitation of loopholes pertaining to the use of the title known as "Breed Warden". 

Interestingly enough, of all the people listed, in reality, only the National Breed Warden title is actually listed as using the exact words, "Breed Warden". As far as I could tell, any way.

So, really, is the "correct" title for those elected: "Breed Advisory Committee Member", with the exception of the one named, National Breed Warden? (I only saw that one small paragraph that outlined member duties, FYI.)

As far as the one that piqued all this interest to begin with, I think perhaps the justice served thus far, suffices nicely.


 

Holy cow Bubba. I read what you wrote 3 times and I can't make any sense out of any of it. Is there something you are trying to say?

I am supportive of the current USCA leadership, and believe that
although there have been some problems, it is a good organization.

That said, I see a problem.

In America we have both civil law and criminal law. If a person
is wronged, he can ask the courts to intervene.

But some things are wrong because they harm the community
rather than an individual.

If assault, robbery or murder are committed, we do not wait for
an individual to complain, civil authority must act on their own
in order to protect the common good.

I think what is said about the current situation is basically true,
but it points out that there is a defect in the USCA by laws that
needs to be remedied.

Many actions are grievous offenses against the community and
need to be corrected even if no particular person is individually
directly harmed so as to have cause for a formal complaint.