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SECTION I: BY-LAWS ARTICLE I – NAME, ADDRESS, FISCAL YEAR1. Name – The name of the organization shall be United States of America Wrestling Association – Kansas, Inc. Kids Division. In addition, the organization may conduct its affairs under such trade name(s) as may be approved by its Executive Council, including but not limited to the name USAWA-Kansas Kids. 2.
Address – The principal office of the
organization in the state of 3.
Fiscal Year – The fiscal year of the
organization shall begin on the first (1st) day of September in each year. ARTICLE II – OBJECTIVESThe objectives of USAWA-Kansas Kids shall be: 1. To create opportunities in wrestling for competitors in the 16 and under age groups along with their coaches and teachers, and to encourage their continued participation in the sport as they advance beyond this level. 2. To place control and direction of the USAW-Kansas wrestling program in the hands of those who are working in the program. 3. To help develop responsible wrestling administrators from the ranks of the USAW-Kansas wrestling programs on the local, state and national levels who will provide responsible leadership and direction to their membership. 4. To develop an attitude of sincere concern among all USAWA-Kansas wrestling coaches towards the improvement of all levels and aspects of wrestling from elementary through Olympic levels of competition. 5.
To provide channels of communication within 6.
To assist in developing strong and enthusiastic
USAW-Kansas wrestling programs throughout 7. To develop an attitude of unity within the state of Kansas toward program development and achievement and to increase the positive attitudes of educators, wrestlers and the general public toward the art of science of wrestling. 8. To provide channels for democratic representation in the various national organizations and national activities which involve the wrestlers and coaches of this age group. 9.
To establish general patterns of organization and
objectives within the state of 10. To provide a statewide newsletter and other centrally produced publications of benefit to USAW-Kansas programs in all areas. ARTICLE III – MEMBERS
1.
Chartered Clubs – USAWA-Kansas Kids shall
include a.
A chartered club in USAWA-Kansas Kids must be open to
all persons active in the advancement of b. A club may become chartered by filing an application and paying the annual fee, if any, to USAW-Kansas, Inc. 2. Voting Members a. Each chartered club whose charter was issued by USAW-Kansas, Inc. during the previous fiscal year (September 1 - August 31) and whose USAWA-Kansas Kids dues, if any, were paid for that year is a voting member. b. Each voting member shall have only one vote. 3.
Individual Members Within Chartered Clubs
– Individuals in good standing may obtain a membership card by paying the
annual fee set by and payable to a. Competitor – A wrestler who is on the roster of a current chartered club. The club shall confirm, through a birth certificate or similarly reliable means, the wrestler's date of birth prior to adding the wrestler to its roster. b.
Coach c.
Official d. General Member 4. State Body – The term State Body shall refer to the voting members and the individuals they represent. ARTICLE IV – OFFICERS1. Officers – The officers of the organization shall be a State Kids Executive Director; an Assistant Executive Director; a Treasurer; a Parliamentarian; an At-Large Representative; a State Competition Director; and a National Competition Director; each of whom shall be elected by the State Body voting representatives. Also, a second At-Large Representative shall be appointed by the Executive Council. The Council may also appoint such other officers and assistant officers as may be deemed necessary. 2. Election and Term of Office – The officers of the organization are to be elected by the voting representatives of the State Body at their annual meeting. Each officer shall hold office until his/her successor shall have been duly elected. 3. Removal – Any officer or agent elected or appointed by the State Body or the Executive Council may be removed by the Executive Council Members whenever, in their judgment, the best interests of the organization would be thereby benefited. 4. Vacancies – A vacancy in any office shall be filled by the Executive Council for the unexpired portion of the term. 5. Kids Executive Director – The Executive Director shall be the principal executive officer of the organization and subject to the control of the Executive Council. He/she shall, in general, supervise and control all of the business and affairs of the organization. He/she shall, when present, preside at all meetings of the State Body and of the Executive Council. He/she may sign instruments which the Executive Council have authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Executed Council, or by this constitution to some other officer or agent of the organization, or shall be required by law to be otherwise signed or executed; and in general, shall perform all duties incident to the office of the Executive Director and such duties as may be prescribed by the Executive Council from time to time. 6. Assistant Executive Director – In the absence of the Executive Director, or in the event of his/her death, inability or refusal to act, the Assistant Executive Director shall perform the duties of the Executive Director, and when so acting, shall be all the power of and be subject to all the restrictions upon the Executive Director. The Assistant Executive Director shall perform such other duties as from time to time may be assigned to him by the Executive Director, or by the Executive Council. 7. Secretary – The Secretary shall keep the minutes of the State Body and of the Executive Council meetings in one or more books provided for that purpose, see that all notices are duly given in accordance with organization records, and keep a register of the Post Office address of each voting representative and associated representative of each chartered club which shall be furnished to the Secretary by each such representative, and in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the State Executive Director or the Executive Council. The Secretary shall be appointed by the Executive Director and approved by the Executive Council. The Secretary shall be a non-voting member of the Executive Council. 8. Treasurer – If required by the Executive Council, the Treasurer shall give a bond for the faithful discharge of his/her duties in such sum and with such surety or guaranties as the Executive Council shall determine. He/she shall have charge and custody of and be responsible for all funds and securities of the organization; receive and give receipts for moneys due and payable to the organization from any source whatsoever, and deposit all such monies in the name of the organization in such banks, trust companies, or other depositories as shall be selected in accordance with this constitution and in general, perform all of the duties incident to the office of the Treasurer and such other duties as from time to time may be assigned to him/her by the Executive Director or by the Executive Council and approved by the State Body. 9. Parliamentarian – The Parliamentarian shall review all text revisions of all documents of the organization or perform such other duties as from time to time may be assigned to him/her by the Executive Director or by the Executive Council. He/she shall have available a copy of the latest edition of Robert’s Rules of Order at all meetings. a. Election: The Parliamentarian shall be nominated by the Executive Council and approved by the State Body. b.
Powers:
The Parliamentarian will interpret this constitution and associated
rules, and render a decision whenever there is a question regarding the
contents of this document. Any
interpretation may be overturned by a total two-thirds voting membership of
the Executive Council. This office is
a non-voting member of the Executive Council. 10. At-Large Representatives – There shall be two At-Large Representatives, one elected by the State Body, and a second representative appointed by the Executive Council. They shall act as directed by the Executive Council or the State Body. 11. State Folkstyle Tournament Director – Shall be appointed by the Executive Council. 12. National Competition Director – Shall be nominated by the Executive Council and approved by the State Body. The National Competition Director shall have the responsibility of setting up the summer camps and the Kansas Kids National Events, particularly relating to Freestyle and Greco-Roman wrestling. 13. State Competition Director – Shall be nominated by the Executive Council and approved by the State Body. He/she shall have the responsibility of state competition, particularly relating to folkstyle wrestling. 14.
Kids Official Representative – Appointed
by the Executive Council. His/her
responsibility shall be to represent all ARTICLE V – MEETINGS1. Annual Meeting – The annual meeting of members (the State Body meeting) shall be held within 90 days of the end of the fiscal year, beginning in the year 1985, for the purpose of electing executive officers and for the transaction of such other business as may come before the meeting. The meeting will be conducted under the rules published in the latest edition of Robert’s Rules of Order. 2. Special Meetings – Special meetings of the members, for any purpose(s), unless otherwise prescribed by statute, may be called by the Executive Director, or by the Executive Council, or shall be called by the Executive Director at the requests of the members of not less than a quorum required of the organization. 3. Place of Meeting – The Executive Council may designate any place, either within or without the state unless otherwise prescribed by statute, as the place of meeting for any annual meeting or for any special meeting. 4. Notice of Meeting – Written notice stating the place, day and hour of the meeting, and in case of a special meeting, the purpose(s) for which the meeting is called, shall be delivered not less than twenty (20) days before the date of the meeting, by mail to current addresses on record. 5. Quorum – At any meeting of the members, a quorum for the transaction of business shall consist of voting representatives from five (5) or more chartered clubs from each of the four (4) districts with a minimum of forty (40) chartered clubs. 6. Proxies – Voting by proxy will not be allowed. 7. Order of Business – The order of business at all meetings of the members, shall be as follows: a. Roll Call b. Proof of Notice of Meeting, or Waiver of Notice c. Reading of minutes of preceding meeting d. Reports of officers e. Reports of committees f. Election of Executive Council g. Unfinished business h. New business All officers giving reports will provide a typed or neatly hand-written copy of their report to the Secretary prior to giving the report to the state body. ARTICLE VI – EXECUTIVE COUNCIL1. General Powers – The Executive Council shall have general supervision of the affairs of the State Body between its business meetings, fix the hour and place of the meetings, make recommendations to the State Body, and shall perform such other duties as are specified in this constitution. The Executive Council shall, in all cases, act as a board and they may adopt such rules and regulations for the conduct of their meetings and the management of the organization as they deem proper to carry out the objective of the organization. The Executive Council shall be subject to the orders of the State Body and none of its acts shall conflict with action taken by the State Body, the constitution, and/or the laws of this state. 2.
Number and Selection Procedure a. The state shall be divided into four (4) geographical districts as determined by the Executive Council. The chartered clubs within each District shall elect, from its member chartered clubs, the following State Directors: a District State Director, two (2) assistant District State Directors and one District Freestyle Representative from each district to serve on the Executive Council as Directors. The Executive Council may allow, through a majority vote of the Council, any District(s) to add one (1) additional District Freestyle Representative. b. Each district shall be required to hold a minimum of one (1) annual meeting per year, and a copy of the minutes of that meeting shall be sent to the Executive Director by December 1st of that fiscal year. Annual elections will be held at each District meeting for determining the State Directors to represent their District. Each District will provide the names of their elected State Directors at the annual meeting of the organization. 3. Meetings – Meetings of the Executive Council may be called at the discretion of the Executive Director, or by the Executive Director at the request of any four (4) members of the Executive Council, representing at least three (3) Districts. The members requesting a meeting of the Executive Council may fix the place and time of any meeting called by them. 4. Members – The Members of the Executive Council shall include the State Directors elected from each district, and all of the officers elected or appointed under Article IV. 5. Notice – Notice of any meeting shall be given at least five (5) days previously thereto by written notice to each Member at the address shown on the records of the secretary of the organization. 6. Quorum – At any meeting of the Executive Council, six (6) Members shall constitute a quorum for the transaction of business. The six (6) Members shall be composed of no less than two (2) officers and one (1) Director from each District; however, if there is not a Director from each District and there are more than four (4) Directors present, the ranking officers may delegate a Director present to represent the unrepresented District. 7. Manner of Acting – The act of the majority of the voting Members present at a meeting at which a quorum is present shall be the act of the Executive Council. All Members are voting Members unless otherwise indicated. 8. Vacancies – A vacancy on the Executive Council will be filled by a vote of a majority of the voting Members then in office, although less than a quorum may exist. A Member so elected to hold office for the unexpired term of his/her predecessor shall be from the same District. 9. Removal of Directors – Any or all of the Members may be removed for cause by vote of the State Body, or by action of the Executive Council. 10. Compensation – No compensation shall be paid to the Members, as such, for their services, but by resolution of the board, expenses for actual attendance at each regular or special meeting of the Executive Council may be authorized. 11. Executive and Other Committees – The Executive Council, by resolution, may designate from among its Members an Executive Committee and other committees, each consisting of at least one (1) Director from each District. Each such committee shall serve at the pleasure of the Executive Council. 12. Contracts,
Loans, Checks and Deposits a. Contracts – The Executive Council may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the organization, and such authority may be general or confined to specific instances. b. Loans – No loans shall be contracted on behalf of the organization and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Executive Council. Such authority may be general or confined to specific instances. c. Checks, Drafts, etc. – All checks, drafts or other orders for payment or money, notes or other evidences of indebtedness issued in the name of the organization shall be signed by such officer, officers, or agents of the organization and in such manner as shall from time to time be determined by resolution of the Executive Council. d. Deposits – All funds of the organization not otherwise employed shall be deposited from time to time to credit of the organization in such banks, trust companies or other depositories as the Executive Council may select. ARTICLE VII – COMMITTEES1. Committee on Discipline – The Executive Council shall act in all cases, unless otherwise prescribed by statue of this constitution or upon action by the State Body, as the Committee on Discipline. Its powers and duties are defined in Section II (Discipline) Rule 5 of this Constitution. 2. Rules Committee a. The Rules Committee shall only consider those rules which directly impact the actions of the mat official during competition. b. The Rules Committee shall consist of the Kids Official Representative, the Kids Executive Director and Assistant Executive Director, one District Representative elected from each district, and the Parliamentarian. c. The Rules Committee shall meet prior to August 31, with the Kids Official Representative providing at least fourteen (14) days advanced written notice of the place, day and hour of the meeting. d. All recommendations from the Rules Committee must have the support of at least four (4) members of the committee. e. In addition to their other duties, the District Representatives will be responsible for providing the Kids Official Representative with assistance in certifying officials for USAWA-Kansas Kids. In this regard, they will be operating as agents of the Kids Official Representative, and will comply with his/her guidelines. 3. Other Committees – Such other committees, standing or special, shall be appointed by the Kids Executive Director, the Executive Council, or the State Body from time to time as deemed necessary to carry on the work of the organization. The Kids Executive Director shall be ex officio member of all committees. ARTICLE VIII – PARLIAMENTARY AUTHORITYThe rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the organization in all cases to which they are applicable, and in which they are not inconsistent with these By-Laws and the Constitution of the organization, and any special rules of order the organization may adopt. ARTICLE IX – AMENDMENTS OF BY-LAWS1. These By-Laws may be altered, amended or repealed and a set of new By-Laws may be adopted at any annual State Body meeting, or at any special State Body meeting when the proposed amendment has been sent out in the notice of such meeting, on a two-thirds vote of the voting members, provided that at least fifty-five percent (55%) of all voting representatives of the state are present. 2. All proposed amendments of these By-Laws must be presented to the Executive Director, in writing, by certified mail post dated no later than July 31. The Executive Director must send a copy of the proposed amendment to each member of the Executive Council post dated no later than August 31. The Executive Council will review the proposed amendment and make recommendation to the State Body at the next annual meeting. |
SECTION II: DISCIPLINE 1. Official
Ejection a. Anyone officially ejected from a tournament must leave the building, and will not be allowed to participate in and/or attend any other sanctioned tournaments. This sanction shall be effective for: · 1st occurrence – Eight (8) days · 2nd occurrence – Twenty-four (24) days · 3rd occurrence – One (1) calendar year from date of ejection b. The ejected person’s name will be placed on the Kansas Wrestling website (www.usawks.com). In the event the ejected person is a minor, only his/her age division, weight class and club affiliation will be posted on the website. 2. Cause – Cause of additional disciplinary proceedings and/or disciplinary actions can result from one or any combination of, but limited to any of the following violations: a. Any action that tends to injure the good name of, disturb the well being of, or hamper the work of; USA Wrestling, USAW-Kansas or its divisions, chartered club, competitive member, affiliate member, official, coach, table worker, or spectator. b. Flagrant and/or repeated destruction of personal and/or public property. c. Falsification of documents regarding wrestling. d. Disciplinary suspension and/or expulsion from a chartered club. e. Disqualification from a tournament as a result of flagrant brutality. f. Abusive language or unsportsmanlike conduct by a contestant, spectator, coach, table worker, or official. 3. Who – Disciplinary proceedings and/or disciplinary action can be imposed upon one or any combination of, but not limited to, any of the following violators: member of Executive Council, State Officer, State Committee member, chartered club, competitive member, official, coach, or spectator. 4. Action – Disciplinary actions can include one or any combination of, but not limited to, one of the following: reprimand, fine, probation, suspension, or expulsion. 5. Committee
on Discipline a. The Executive Council shall act in all cases, unless otherwise prescribed by statute of this constitution or upon action by the State Body, as the Committee on Discipline. b. Its prescribed duties are to be alert to disciplinary problems, to investigate them, to introduce all necessary resolutions to the State Body, and in the event of a trial, manage the case for the State Body. c. The Committee on Discipline does have the power to exonerate the accused if the investigation and/or trial finds the accused innocent of any wrongdoing. d. The Committee on Discipline shall not have the power to impose a penalty except in the case of a violation as defined in Rule 2 of this Section on Discipline. e. In case of a violation listed under, but limited to, Rule 2 of this Section on Discipline, the Committee on Discipline hereby empowers club coaches, club officers, tournament directors, sub-district officers, district officers and appointed representatives to act on its behalf to impose disciplinary proceedings and/or disciplinary action when necessary. A written notice of complaint must be provided to the empowered representative prior to the consideration of disciplinary action. 1) Necessary is defined as responding to violations that occur at wrestling events that would otherwise be referred to the Committee on Discipline. 2) Events shall include, but not limited to, practices, tournaments, meetings, etc. f. Rights of Appeal – Any party involved in a disciplinary action under Rule 5, paragraph E has the right of appeal. The appeal sequence as stated in paragraph G shall govern. g. Appeal Sequence 1) Club Coach 2) Club Committee on Discipline 3) Tournament Committee on Discipline 4) Sub-District Committee on Discipline 5) District Committee on Discipline 6) Committee on Discipline 7) State Body 6. Disciplinary
Procedure a. Notice of Complaint – If the Appeal Sequence reaches Stage 6, or if the complaint is heard directly by the Committee on Discipline without prior appeals, the following procedures will be followed. 1) A written Notice of Complaint for disciplinary action shall be mailed to each member of the Committee on Discipline. This document shall contain, in detail, the necessary cause for disciplinary action. 2) A $100 deposit made payable to USAWA-Kansas Kids shall accompany the Notice of Complaint. This deposit shall be refunded if the accused party is found not guilty of a violation defined in Rule 2 of this Article. 3) The Committee on Discipline shall act on the complaint for disciplinary action at their next meeting or at a special meeting called for the purpose of dealing with this matter. b. The Committee on Discipline shall conduct an investigation to gather all facts necessary to make a just and proper decision. The Committee on Discipline has the right to select and appoint from its own members an investigation committee. c. The investigation committee shall then present its findings to the Committee on Discipline. If, after the investigation, the Committee on Discipline's opinion is favorable to the accused, it will prepare a resolution exonerating the accused. But, if the committee, from the reports of the investigation finds substance to the allegations and cannot resolve the matter satisfactorily in any other way, it shall set a trial date and time. d. If the Committee on discipline adopts a resolution ordering a trial before the State Body or itself, the Secretary shall immediately send to the accused, by certified mail, a letter notifying him of the date, hour, and place of the trial. The letter shall also include the charges that are being directed against the accused. e. Trial Procedure 1) The Chair shall call the meeting to order. 2) The Secretary shall read the charge and specifications. 3) The Chair shall ask the accused how he/she pleads to each specification and then the charge. 4) If the accused pleads guilty, then the trial is ended. 5) If the accused pleads not guilty, then the trial proceeds on. First the Committee on Discipline will present its facts and witnesses. Second, the accused will present its facts and witnesses. Third, there will be a time for rebuttal which includes cross-examinations, re-direct examination, and re-cross examination. 6) After the rebuttal and/or closing arguments have been made, the accused will be asked to leave the room. The Chair asks the committee if the accused is guilty of each specification and then the charge or charges. (Each specification and charge is open to debate and voted on separately). If the accused is found guilty, then the committee must decide on the penalty. For expulsion, a two-thirds vote is required. f. After the trial the Committee on Discipline shall submit to the State Body its recommendations or punishment at the State Body's next meeting. At this time the accused is allowed to make a statement followed by a statement from the Committee on Discipline. The accused is asked to leave the room and the State Body will make a final decision upon the resolution submitted by the Committee on Discipline. The State Body can decline to impose any penalty, reduce the recommended penalty, but cannot increase the penalty. The State Body cannot impose a penalty if the trial committee has found the accused innocent. Then the accused will be advised of the final decision. 7. Responsibility
of Expenses for Disciplinary Action a. If the accused is found innocent, then the accuser shall be responsible for paying all expenses incurred by the Committee on Discipline which can include, but not be limited to: phone calls, mileage, plane fare if necessary, and legal fees if necessary. The expenses shall first be deducted from the initial deposit and any excess expenses shall become immediately due. If there is a credit balance, then the remainder shall be returned to the accuser. b. If the accused is found guilty, then the accused shall be responsible for paying all expenses incurred by the Committee on Discipline which can include, but not be limited to: phone calls, mileage, plane fare if necessary, and legal fees if necessary. 8. Reinstatement a. Reinstatement from Suspension 1) Request of reinstatement in writing stating intentions to follow proper procedure. 2) Copy of request to every member of the Committee on Discipline. 3) Deposit of $250 made payable to USAWA-Kansas Kids. 4) Conference call with every member of the Committee on Discipline, cost born by suspended party. 5) The Executive Director will designate a representative to attend the suspended party's next event for monitoring purposes. Any expense shall be born by the suspended party. b. Reinstatement from Expulsion 1) Deposit of $500, made payable to USAWA-Kansas Kids. 2) Automatic one-year probation. 3) If probation period is violated, automatic expulsion shall incur for a minimum of three years. 9. Amendments to Section on Discipline Amendments to this section shall follow the same guidelines as those found in Section I, Article IX of this Constitution. |
