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Constitution and Bylaws of the
United States of America Netball Association

Last Ratified :   June 13, 2009

Article 1

Name, Definitions and Office

Article 1.1      Name

The name of the Association shall be United States of America Netball Association hereinafter referred to as “USANA”.

Article 1.2      Definitions

As used in these Articles of Constitution and Bylaws the term:

                                 I.      "Amateur athlete” means:

(a)   any individual who has participated in the sport of Netball in the United States of America and/or represented the USA at/or in such other International Competition as organized by the International Olympic Committee (IOC), United States Olympic Committee (USOC), the Pan-American Games or the World Championships (including but not limited to the age-restricted events as classified by IFNA or AFNA) within the preceding ten years; and

(b)   for the purposes of these Articles of Constitution and Bylaws and Bylaws, an athlete who is eligible under IFNA rules to compete in international Amateur Athletic Competitions conducted under IFNA auspices, and in domestic competition under the auspices of USANA and its affiliates.

II.      "Amateur Athletic Competition" shall have the same meaning as set forth in Article I, Article 2 of the U.S.O.C. Constitution.

III.      “USANA” means United States of American Netball Association

IV.      "I.F.N.A." means International Federation of Netball Associations.

V.      “A.F.N.A” means the Americas Federation of Netball Associations  

VI.      "U.S.O.C." means United States Olympic Committee. 

 VII.      “I.O.C” means International Olympic Committee

VIII.      “I.P.C” means International Paralympics Committee

 IX.      “P.A.S.O” means Pan American Sports Organization

 X.      “DS/USA” Disabled Sports USA

 XI.      “Executive” means the Executive Board duly empowered to carry out the day-to-day business of USANA

 XII.      “National Congress” shall refer to the Executive Board and accredited delegates representing members of USANA as set out in Article 6 hereof;

XIII.      “Member”  shall refer to a member of USANA as set out in Article 4 hereof;

XIV.      “Associate Member”  shall refer to an Associate member of USANA as set out in Article 4 hereof;

XV.      “Affiliate Member” shall refer to an Affiliate Member of USANA as set out in Article e 4 hereof; 

XVI.      “Full Member” shall refer to a Full Member of USANA as set out on Article 4 hereof;

XVII.      “Region” The geographical area of USANA shall be divided into regions:

North-East which shall include states of Maine, New Hampshire, Vermont, Connecticut, Massachusetts, New York, New Jersey, Rhode Island;

East this shall include the states of Pennsylvania, Delaware, Maryland, Virginia, W. Virginia, District of Columbia and Kentucky;

South-East which shall include the states of North Carolina, South Carolina, Georgia, Florida, Alabama, Tennessee, US Virgin Islands and Puerto Rico;

South which shall include Arkansas, Louisiana, Texas, Mississippi, Missouri,

Oklahoma and Kansas;

Central which shall include Ohio, Illinois, Indiana, Iowa, Michigan, Nebraska, Wisconsin, North Dakota, South Dakota and Minnesota;

North-West which shall include Alaska, Montana, Washington, Idaho, Wyoming

and Oregon;

South-West and Pacific which shall include Arizona, Nevada, California, Hawaii, Utah, New Mexico and Colorado.

XVIII.      “National Club Championship” shall refer to the National Club Championship as set out in Clause B.3.9.III hereof;  

XIX.      “National Association Championship” shall refer to the National Association Championship as set out in Clause B.3.9.III hereof;

XX.      “AGM” shall refer to the Annual General Meeting of USANA, which shall be held in or about the month of January  in every calendar year.

XXI.      “Specially Convened Meeting” shall be a meeting called by at least two-thirds of the members (of whatever capacity) of USANA;

XXII.      “National Congress Meeting” shall be a meeting of USANA Executive Board and all Members as set out in Article 4 hereof;

XXIII.      “Financial Year”  shall refer to the financial year of USANA running from January 1st to December 31st in each year;

XXIV.      “Delegate” shall refer to any person authorized in writing to act on behalf of any member as defined in Article 4 hereof;

XXV.      Any matter included in these Articles of Constitution and Bylaws referring to the feminine gender shall also be deemed to incorporate the masculine gender and vice versa.

Article 1.3      Office

The principal office of USANA shall, unless otherwise established by its Executive Board, be in New York, New York. The registered office of USANA may be, but need not be, the same as the principal office, and the address of the registered office may be changed from time to time by the Executive Board.

Article 1.4      Jurisdiction

USANA shall enforce and comply with all rules and regulations of AFNA, IFNA, PASO, IPC and the USOC. Pursuant to the authority granted by AFNA, IFNA, PASO and the USOC, USANA shall have exclusive jurisdiction to enter competitors who will represent the United States in the Olympic Games, the Paralympic Games, the Pan American Games, the World Championships and the Americas Championships, and to enforce in connection therewith the definition of an eligible athlete adopted by AFNA, IFNA, PASO, IPC and the USOC.

Article 2

Mission and Purpose

Article 2.1      Mission

The mission of USANA shall be to promote the sport of Netball throughout the United States and to support United States Athletes in achieving sustained competitive excellence and to preserve all Olympic and World Championship ideals, and hereby inspire all Americans.

Article 2.2      Purpose

The purpose of USANA is to act as the national governing body for the sport of Netball in the United States and, in such connection, to be recognized as such by the U.S.O.C. and to act as the I.F.N.A. member in the United States. Pursuant to such purposes and the other purposes set forth in its Articles of Incorporation, USANA shall:

         I.      Develop interest and participation throughout the United States and be responsible to the persons and amateur sports organizations, and to other Netball organizations, active in the sport of Netball;

       II.      Minimize, through coordination with other amateur sports organizations, and with other Netball organizations, conflicts in the scheduling of all practices and competitions in the sport of Netball;

      III.      Keep Amateur Athletes active in the sport of Netball informed of policy matters and reasonably reflect the views of such athletes in the policy decisions of USANA;

   IV.      Sanction international and domestic amateur athletic competition in Netball, in accordance with the provisions of these Articles of Constitution and Bylaws, and allow Amateur Athletes to compete in such competition sanctioned by it;

     V.      Provide for participation by Amateur Athletes in Amateur Athletic Competition in the sport of Netball, in accordance with the provisions of these Articles of Constitution and Bylaws;

   VI.      Provide equitable support and encouragement for participation by women and men in the sport of Netball;

  VII.      Encourage and support amateur athletic sports programs in the sport of Netball for handicapped individuals;

VIII.      Provide and coordinate technical information on physical training, equipment design, coaching and performance analysis in the sport of Netball;

   IX.      Encourage and support research, development and dissemination of information in the areas of sports medicine and sports safety in the sport of Netball;

     X.      To promote the game of Netball throughout the United States of America;

   XI.      To promote international competition and representation in and by the United States of America;

  XII.      To encourage affiliation of all groups playing the game of Netball in the United States of America to USANA, directly or indirectly, through a Full Member;

XIII.      To encourage and develop efficient standards of administration, playing, officiating, tutoring and coaching in the United States of America;

XIV.      To promote good sportsmanship and fair play;

XV.      To manage the affairs of Netball within the format of the National Association;

XVI.      To raise funds from sponsorship and other sources to finance the affairs of USANA;

XVII.      To cause USANA to become a full member of the AFNA, IFNA, PASO, IPC and the USOC, thus allowing participation in International Competition;

XVIII.      To efficiently communicate with all Members and governing bodies, other sports associations and outside agencies;

XIX.      To promote the game of Netball through the national education system;

XX.      Be committed to equal opportunity and fair treatment providing for equal opportunity to all without regard to race, color, religion, sex, national origin, age, physical handicap, sexual orientation or marital status, and shall actively involve qualified minorities and women, and similarly encourage its constituents towards such involvement, to occupy positions at all levels of USANA including the Executive Board and standing Sub-committees.

Article 3

Authority and Autonomy

Article 3.1      Authority

USANA shall exercise the following powers:

         I.      Represent the United States in A.F.N.A;

       II.      Represent the United States in I.F.N.A;

      III.      Represent the United States at the Pan American Games when Netball is an included sport;

   IV.      Represent the United States at Olympic Games when Netball becomes an included sport;

     V.      Establish national goals and encourage the attainment of those goals in the sport of Netball;

   VI.      Serve as the coordinating body for amateur athletic activity in the sport of Netball in the United States;

  VII.      Exercise jurisdiction over international amateur athletic activities and sanction international Amateur Athletic Competition held in the United States and sanction the sponsorship of international Amateur Athletic Competition held outside the United States in the sport of Netball, in accordance with the provisions of the Constitution;

VIII.      Conduct Amateur Athletic Competition in the sport of Netball, including national championships, and international Amateur Athletic Competition in the United States, and establish procedures for the determination of eligibility standards for participation in such competitions, except for restricted competition referred to in the provision herein below;

   IX.      Designate to the U.S.O.C. individuals and teams to represent the United States in the Olympic Games and Pan American Games as appropriate in the sport of Netball;

     X.      Designate individuals and teams to represent the United States in international Amateur Athletic Competition (other than the Olympic and Pan American Games) in the sport of Netball and certify, in accordance with the rules of I.F.N.A., the amateur eligibility of such individuals and teams, provided that any amateur sports organization which conducts Amateur Athletic Competition, participation in which is restricted to a specific class of Amateur Athletes (such as high school students, college students, members of the Armed Forces or similar groups or categories), shall have exclusive jurisdiction over such competition.

Article 3.2      Autonomy

USANA shall be autonomous in its governance of the sport of Netball in the United States of America, in that it independently shall determine and control all matters central to such governance, shall not delegate such determination and control, and shall be free from outside restraint. This provision shall not be construed as preventing USANA from contracting with third parties for administrative assistance and support, in connection with its purpose and powers.

Article 4

Membership

Article 4.1      Membership

On acceptance as a Member (in any capacity) of USANA such Members shall be deemed to have agreed with the Constitution and Bylaws as set down in the Articles of this Constitution and Bylaws whether or not a written statement shall have been signed to that effect. There shall be no limitation on the number of registered members in USANA. Membership shall be open to all regardless of race, color, religion, sex, national origin, age, physical handicap, sexual orientation or marital status. There shall be three types of Association membership, none of which shall be considered voting members for purposes of the New York Nonprofit Corporations Act, but which shall have the voting rights described below:

         I.      Full Members. This membership shall be open to all domestic amateur netball organizations which actively conduct a program in Netball as a competitive sport with a minimum of three (3) independent clubs consisting of at least seven (7) persons. Full memberships may also be open to other organizations which actively conduct national programs in Netball as a competitive sport. In addition, national Netball coaches and umpires associations for women and men shall be included, as approved by the Executive Board of USANA. Such coaching and umpiring association members shall have no direct voting representation; however, they shall receive indirect representation through their chosen officers, or other representatives, to the Executive Board as detailed in Article 7.1. A Full Member shall be construed as an organization, which is formed in a particular geographical area in order for a minimum of three clubs to participate in regular competition provided that such organization shall be properly formed and regulated. A “state” as usually accepted may have more than one Full Member provided that each Full Members’ boundaries are properly defined before application for membership is submitted to the Executive. Such boundaries will be subject to approval or modification by the Executive but shall not encroach on any current Full Member’s boundaries. Upon such acceptance, the Executive shall circularize all Full Members for approval of membership or not (as the case may be) of the applicant association.  Full Members of USANA have two (2) votes at any meeting, however such voting guidelines are as outlined in Article 4.2.1;

       II.      Associate. This membership shall be open to sports organizations or clubs which conduct programs in or allied to Netball as a competitive sport, but which do not qualify for Full membership. This could include, but is not limited to a Netball Club with at least seven (7) active members or the Netball section of a club; or the Netball section of a school college or university where a Full Member is not in existence. These members can send one delegate to National Congress Meetings and AGM but shall not have a vote in USANA. However they shall receive regular publications, news releases and other selected organizational mailings;

      III.      Affiliate. This membership shall be open only to (1) An individual where no Full or Associate Member is in existence or (2) travel and promotional agencies or similar commercial groups involving Netball in their activities. An individual affiliate member may have a voice but may not vote in USANA. A corporate, commercial or promotional agency (as defined in this Article) shall not have a voice or vote in USANA. However, they may, at the discretion of the Executive Board, be invited to speak, and shall as a condition of affiliate membership, certify that it will not directly or indirectly utilize the fact of such membership for commercial purposes. Affiliate members shall receive regular publications, media releases and other selected organizational mailings.

   IV.      Membership Period.  Membership shall run from January 1 to December 31 in each year. Any new member shall be required to renew their membership as at December 31 immediately following their date of joining. Membership fees shall not be pro rated in the event of a new member joining within any respective calendar year. Any member withdrawing from membership shall not have any portion of their membership fee refunded for any reason.

Article 4.2      Full Members     

The active members of USANA are as listed in the Bylaws:

In addition to the organizations listed in the Bylaws, Full Members must be elected to USANA by vote of the Executive Board after a complete application for membership has been submitted. In case of refusal by the Executive Board, such applicant may appeal to a full meeting of the National Congress for inclusion in USANA. Reasons for refusal may include but are not limited to an improperly formed organization. Each Full member shall be allowed to send two delegates who have one vote each and one observer who does not have the right to vote to all National Congress Meetings and Annual General Meetings. A Full Member need not be present to vote and may vote by proxy at any National Congress Meeting and/or Annual General Meeting of USANA.

Article 4.3      Associate and Affiliate Members

Associate and Affiliate Members must be elected to USANA by vote of the Executive Board after a complete application for membership has been submitted. In case of refusal by the Executive Board, such applicant may appeal to a full meeting of the National Congress for inclusion in USANA Reasons for refusal may include but are not limited to the prior existence of a Full Member or an improperly formed organization. Each Associate or Affiliate member shall be allowed to meetings as specified in Article 4.1.

Article 4.4      Members Constitutions

Every Member (of whatever capacity) shall send to the Administrative Secretary of USANA in writing details of its Constitution and officers prior to full Membership being granted, in addition each member MUST submit a copy of its constitution and details of its officers to the Administrative Secretary by December 31st of each year and/or within thirty (30) days of any amendments to the member’s constitution. Each Member also undertakes to meet all fees levied by USANA and stated in Articles 14 and B.2.2 of this document

Article 4.5      Lapse in Membership

Any Member (of whatever capacity) which fails to renew its annual membership by March 31st of each year shall be considered to have a Lapse in Membership. If such member re-applies for re-instatement at a later date, it shall be considered to be a returning member (of whatever capacity) and shall be liable to pay the appropriate re-instatement fee as stated in Article 14 of this document. Should a lapse in membership occur, no new application by a different entity within the same State shall be accepted until the lapsed member has been informed of such new application. If within 14 days of the receipt of such notice the lapsed member fails to respond, the new application for membership will be reviewed by the Executive.

Article 5

Meetings

Article 5         Meetings

Meetings of the members of USANA will be called by the President quarterly; such meetings shall be held in the following months; January, March; June and September, with the meeting in January being the Annual General Meeting. A special meeting can be requested via written petition signed by at least two-thirds of the Full Members; however, such meeting will be limited to the business for which it is called. At each meeting of the members, representatives shall receive a report from the President concerning activities of USANA since the last meeting of the members and plans for the future, as well as advisement on any other relevant matters of USANA. The Administrative Secretary shall remind all members a minimum of thirty (30) days from the date of said meeting, with the exception of the Annual General meeting where a ninety (90) day reminder is required as stated in Article 5.I below.

         I.      An Annual General Meeting of USANA shall be held on the third weekend of January of every calendar year.  Members will be reminded of such meeting at least ninety (90) days prior to its scheduled date by the Administrative Secretary.

       II.      Any Member of USANA (of whatever capacity) shall be entitled to attend such meeting but only Members of USANA as set out in Article 4.2.1 and Article 4.2.2 above shall be entitled to vote provided they are fully paid up as in accordance with Article 14.

      III.      Any Member may introduce an item to the Agenda for such meeting provided notice of such item is sent to the Administrative Secretary for inclusion at least twenty-one (21) days prior, to the date of the Meeting.

   IV.      National Congress Meeting shall be held quarterly as set down in Article 5 above at a venue to be determined by the Executive Board and notice of such venue, date and time given at least thirty (30) days  in advance.        

Article 6

Executive Board

Article 6.1      Executive Board

The affairs of USANA shall, subject to any limitations imposed by these Articles of Constitution and Bylaws, be governed and conducted by an Executive Board. Only registered members of USANA as set out in Article 4 shall be eligible to serve as a member of the Executive Board. Actions taken by the Executive Board shall constitute the acts of USANA and have full binding effect. The Executive Board shall consist of thirteen (13) persons, one of whom shall be a present USA squad member elected by Active Athletes and another shall be a past USA squad member also elected by the Active Athletes. Members of the Executive Board shall consist of individuals who shall be selected without discrimination on the basis of race, color, religion, age, sex, or national origin. The Executive Board shall review any interim action taken by any standing sub-committee on behalf of the Executive Board at each meeting of the Executive Board. Each Executive Board member elected pursuant to this Article shall serve for a term of two (2) years each and shall have no limitation to the number of terms. Any member of the Executive Board assuming office during any fiscal year shall be deemed to have served from the commencement of that fiscal year for the purposes of calculating their 2-year term. The Executive Board shall approve a budget for the fiscal year. Any Executive Board member may vote in any capacity at any National Congress Meeting and/or Annual General Meeting of USANA.

Article 6.2      Executive Board Restrictions in Service

All Executive Board members shall be restricted to serving in only one Executive Board capacity at any given time.   

Article 6.3      Executive Board Positions

Executive Board Positions are as follows:

         I.      President - 1

       II.      Vice President - 1

      III.      Administrative Secretary - 1

   IV.      Finance Director – 1

     V.      Membership Director - 1

   VI.      Public Relations Director - 1

  VII.      National Technical Director - 1

VIII.      National Development Director – 1

   IX.      Match and Tournament Director - 1

     X.      Active Athlete (See Article 6.5) – 2

   XI.      Immediate Past President (see Article 6.4) - 1

  XII.      Member-At-Large Position (see Article 6.6) – 1

XIII.      Director of Regions

Article 6.3      Director of Regions

A regional director shall be appointed pursuant to this Article shall serve for a term of two (2) years each and shall have no limitation to the number of terms.  The Regional Director shall head the Regional Directors sub-committee.

Article 6.4      Immediate Past President     

One member of the Executive Board shall be the person who last served a complete term as President of USANA other than the person presently serving as President of USANA. The Immediate Past President shall function as outlined in Article 7.6 XIII.

Article 6.5      Active Athlete Representation

At least twenty percent (20%) of the Executive Board shall consist of "Active Athletes." For purposes of these Articles of Constitution and Bylaws, one member of the Executive Board shall be an "Active Athlete." who is currently a member of the National squad and another member shall be an “Active Athlete” who had previously been a member of the National Squad. The Active Athlete members of the Executive Board shall be elected for two (2) year term by a majority of the votes cast of all persons meeting the Active Athletes definition. Any person serving as an Active Athlete director may be elected to succeed herself/himself provided she/he meets the Active Athlete definition at the time of such election.

Article 6.6      Member-At-Large     

One member of the Executive Board who is not an Active Athlete and who is not elected pursuant to Articles 6.1 – 6.5 shall be elected at-large by the other 12 members of the Executive Board to a two (2) year term of office.

Article 6.7      Executive Board Vacancies      

If a vacancy occurs on the Executive Board, it shall be filled by the same manner in which the Executive Board member was elected prior to the occurrence of such vacancy, and the person elected to fill the vacancy shall serve for the remaining unexpired portion of the term in question.

Article 6.8      Executive Board Meetings      

The Executive Board shall meet at least monthly via any acceptable method, e.g. Phone conference, video conference or in person; however, a minimum of four meetings MUST be held by a gathering of Executive Board members at a specified physical location. A majority of the Executive Board members must be present at a meeting to constitute a quorum. If an Executive Board member is not present at any properly convened meeting (of whatever capacity) where they have the ability to vote, they may exercise a proxy vote provided that written notice of their intention to do so is submitted to the Administrative Secretary prior to the commencement of the meeting. Except as otherwise provided herein all matters brought before the Executive Board are to be decided by a majority vote. In lieu of a meeting, the Executive Board may act by simple majority. In the case of equality of votes, the President (or in his/her absence, the Vice-President) shall cast the deciding vote.

Article 6.9      Special Meetings of the Executive Board      

Special meetings of the Executive Board may be called by the President or shall be called by the President at the request of a simple majority of the Executive Board. Unless notice is waived by all members of the Executive Board, no meeting of the Executive Board may be called with less than fourteen (14) days written notice by the President, Administrative Secretary, or Executive Board members who called the meeting.

Article 6.10   Active Attendance at Meetings of the Executive Board      

Executive Board meetings shall be open only to its elected members, except when the Executive Board extends an invitation to a non-member to discuss a particular topic. Any member of the Executive Board failing to attend and/or actively participate in three consecutive Executive Board meetings, which were scheduled with adequate notice, will be considered to have vacated her/his office. Such defaulting member of the Executive Board shall not be permitted to seek re-election for a period of two years unless such absence shall be unavoidable due to severe illness or accident or military service.

Article 7

General Powers, Composition, Election and Responsibilities of the Executive Board and individual Executive Board Members

Article 7.1      Executive Board Composition

The Executive Board of USANA shall consist of those persons elected under Article 6.3 and listed therein.

Article 7.2      Executive Board Tenure

In order to ensure continuity of governance, election of officers shall occur on a biannual basis, notwithstanding that each Executive Board Member’s term of office shall be two (2) years. In the first instance, following adoption of this amended Constitution, the following officers shall be subject to election or re-election in 2010 and at each subsequent two (2) year anniversary thereafter: Vice President, Membership Director, National Technical Director, Match & Tournament Director and Past National Squad Member, with the following officers being subject to election or re-election in 2011, and at each subsequent two (2) year anniversary thereafter:  President, Administrative Secretary, Finance Director, Public Relations Director, National Development Director, Active National Squad Member. The individual receiving a majority of votes cast shall be deemed elected.

Article 7.3      Notice of Election of Executive Board Members

Not less than ninety (90) days prior to the biannual Election of Officers, the Administrative Secretary shall notify all members of pending elections.  In addition she/he shall also send out nomination forms to all members for the respective positions of Elected Executive Board which are up for election. The Executive Board shall appoint a Nominations Sub-committee consisting of between three to five persons, which shall propose nominees for the Member-at-large Executive Board position as well as the Director of Regions to be filled pursuant to Article 6.3. 

         I.      The task of the Nominations Sub-committee is to examine each candidature in accordance with Article 6.6 above and establish for the Executive Board a written report on each candidate;

       II.      The Nominations Sub-committee is self-organized; it appoints its chairperson and a secretary; the latter may be chosen from outside of the members of the Sub-committee;

      III.      Upon receiving a candidature, the Administrative Secretary forwards this to the chairperson of the Nominations Sub-committee, who immediately orders a file to be opened;

   IV.      Upon receiving a properly submitted candidature, the chairperson of the Nominations Sub-committee will immediately inform her/his fellow Sub-committee members accordingly and consult them; the Nominations Sub-committee will acquire all useful information on the candidate. This will include her/his professional and material situation, her/his career and sports activities. The Sub-committee may ask the candidate to provide references from personalities from which it may obtain information; the Sub-committee may invite the candidate for an interview;

     V.      The Sub-committee will verify the origin of all candidature and, if necessary, the candidate’s status to ensure that she/he can function in the position;

   VI.      When it deems that it has obtained all the necessary details, the Nominations Sub-committee produces a written report to the Executive Board in which it states reasons for believing whether or not a candidate possesses qualities for election as an Executive Board Member.

Such Nominations Committee shall also be responsible for ensuring that each person so nominated to every Executive Board position under Article 6.3  I-XI is (a) willing to serve; and (b) capable of performing the stipulated duties of such position.

Article 7.4      Nomination for Election of Executive Board Members

Following are the procedures for nomination to the positions of Executive Board Members;

         I.      Nominations for officers must be received in writing and the person proposing and seconding must be Members of USANA T he Administrative Secretary shall send out nomination papers not less than ninety (90) days before the scheduled election. All nominations must be returned to the Administrative Secretary no later than twenty-one (21) days prior to the scheduled election. Details of all Nominees shall be sent to all Members at a minimum of fourteen (14) days prior to the date of such scheduled election. No further nominations shall be permitted on the day of the election unless no nominations were received;

       II.      Should there be no nominations received in writing, the Executive Board shall have the right to request further nominations from the Members at the next properly convened meeting. Upon bona fide nominations being made, such nominees shall be subject to the same requisites, as set out in Article 7.3 above.  Such requisites must be complied with within seven (7) days of such nomination being made. Election of such positions shall take place within the following 21 days.

      III.      Where more than one person is correctly nominated and seconded, there shall be an election by way of secret ballot to decide a winner. If not this nominee will take the position unopposed;

   IV.      All nominations must be accompanied by written consent of the nominee. Each nominee must be a current member of USANA.

Article 7.5      General Powers

The business and affairs of USANA shall be overseen by the Executive Board, except as provided in the act of these Articles of Constitution and Bylaws. The Executive Board shall have primary responsibility for the competitive Netball programs of USANA by determining policy and exercising jurisdiction related thereto, and approving actions of any Sub-committees it appoints to directly administer or implement these programs. The Executive Board shall have ultimate authority over the business, polices and affairs and activities of USANA, including, but not limited to the authority to:

         I.      Carry out those responsibilities assigned to them and as stated in the bylaws of USANA provided that: it shall be the responsibility of the Administrative Secretary to maintain the minutes of the meetings of USANA, its Executive Board, and its officers, and it shall be the responsibility of the Finance Director to supervise and control the funds and financial records of USANA;

       II.      Act on behalf of USANA and its members between meetings;

      III.      Carry out the day-to-day affairs of USANA;

   IV.      Remove the chair or any other member of the Executive Board or any sub-committee for cause or no cause;

     V.      Enact, amend or repeal provisions of these Articles of Constitution and Bylaws;

   VI.      Admit new members or reclassify or terminate the membership of members as provided by these Articles of Constitution and Bylaws;

  VII.      Receive and review the reports of all sub-committees;

VIII.      Approve the selection of independent auditors;

   IX.      Maintain a culture of ethical behavior and compliance throughout USANA;

     X.      Achieve as much transparency in the operations of USANA as is reasonably possible and ^ keep AFNA, IFNA and the stakeholders in the Netball community in the United States informed about the business and operations of USANA; and

   XI.      Take such other action as is customary for an Executive Board.

Further the Executive Board shall:

    A.      Set the strategic plan, budget and corporate performance measures;

    B.      Create policy direction on significant issues facing USANA;

    C.      Monitor the financial reporting process and the legal and regulatory compliance program;

   D.      Be responsible for communicating with relevant members;

    E.      Set policy on capital structure, financial strategies, borrowing commitments and long range financial planning;

     F.      Monitor USANA’ s assets to ensure that they are being properly protected;

   G.      Ensure that the Executive Board is properly structured and is capable of acting in the case of an unforeseen corporate crisis; and

   H.      Conduct an annual review of USANA’s performance and effectiveness and determine future actions required to achieve USANA’s mission.

Article 7.6      Responsibilities of Executive Board Members

Each Executive Board Member shall be responsible for the duties which are outlined below:

         I.      President: The President shall be the principal volunteer officer of USANA, carrying out those responsibilities assigned by the Executive Board. In addition she/he shall:

·        Preside at all meetings of USANA;

·        Have one vote at every meeting of the Executive and National Congress;

·        Have the option to cast an additional vote to break a tie on any matter which has been voted upon at every meeting of the Executive Board and National Congress;

·        See that all Executive Board Commitments, resolutions and oversights are carried into effect;

·        Exercise a general supervision and interest in USANA affairs;

·        Be available for consultation when required and listen to complaints;

·        Preside at any meeting of USANA officers;

·        Serve as an impartial arbiter when necessary;

·        Sign certificates and awards and present badges and trophies to winners;

·        Be entitled to attend any meeting of USANA or its sub-committees and be copied on all sub-committee correspondence, but shall not be entitled to a vote on such sub-committees;

·        Chair the Constitution and Bylaws Sub-committee;

·        Approve all expenses of USANA prior to disbursement; and

·        Exercise such powers and perform such other duties as may be assigned by USANA’s membership from time to time.

       II.      Vice-President:          The Vice President shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Support the President at all times and be prepared to stand in for him/her when necessary;

·        Chair the fund-raising sub-committee.

·        Work in close cooperation with the chair of the bidding Sub-committee from all members on bidding matters related to the National Championships;

·        Be entitled to attend any meeting of the USANA Executive and/or National Congress;

·        Exercise such powers and perform such other duties as may be assigned by USANA’s membership from time to time; and

·        In general, perform all duties incumbent on this office of Vice-President and such other duties as may be assigned to the Vice President by the President from time to time.

      III.      Administrative Secretary: The Administrative Secretary shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Maintain a written record of all procedures of USANA;

·        Be responsible for all correspondence (in and out) between USANA and its Members and any other outside bodies;

·        Distribute all USANA correspondence after approval of the President;

·        Give written notices of all meetings in a timely manner;

·        See that all notices are duly given in accordance with the provisions of theses Constitution’s Articles and Bylaws.

·        Be the custodian of the corporate records and the of seal of USANA; and

·        In general, perform all duties incumbent on this office of Administrative Secretary and such other duties as may be assigned to the Administrative Secretary by the President from time to time.

·        Keep the minutes of the proceedings of all meetings;

·        Distribute a copy of all minutes to the National Congress or any Sub-committee in a timely manner;

·        Obtain copies of minutes from all sub-committees for distribution to the Executive Board and central record-keeping purposes.

   IV.      Finance Director:       The Finance Director Shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Have general oversight of the financial affairs of USANA;

·        Keep proper financial records;

·        Recommend action on financial matters to the USANA Executive Board and/or National Congress for which she/he will be responsible;

·        Be responsible for USANA finances in accordance with the decisions of the USANA Executive Board;

·        Be responsible for the presentation of a national budget based on the recommendations and information supplied by the USANA Executive Board and/or National Congress;

·        Be a member of the Fundraising Sub-committee and in the absence the vice-president chair such meeting

·        Implement all Fundraising activities;

·        Be a member of the Match and Tournament Sub-committee;

·        Present written financial reports to the USANA Executive Board and National Congress at each respective meeting;

·        Disburse all payments after they have been approved by the Executive Board;

·        Present a written audited financial report to every AGM; and

·        In general, perform all duties incumbent on this office of Finance Director and such other duties as may be assigned to the Finance Director by the President from time to time.

     V.      Membership Director: The Membership Director shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Shall be responsible for all matters, both financial and administrative, regarding membership of USANA including (but not limited to) circulation and collection of membership forms and cards;

·        Keep all records of USANA members and distribution of membership cards;

·        Maintain all membership records;

·        Work in conjunction with the Development Director in identifying potential new members for USANA and promoting the benefits of membership to the same;

·        Be prepared to sit in for the Administrative Secretary, or Finance Director in their absence; and

·        In general, perform all duties incumbent on this office of Membership Director and such other duties as may be assigned to the Membership Director by the President from time to time.

·        Be a member of the Fundraising sub-committee

   VI.      Public Relations Director:   The Public Relations Director shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Be responsible for publicizing USANA and its events through the media and any other available means;

·        Liaise with the President in promoting USANA and build up contacts with the media, public relations companies and possible sponsors;

·        Be a member of the Fundraising Sub-committee;

·        Be a member of the Membership and Development Sub-committee;

·        Give advice on the layout and design of USANA publications and advertising materials; and

·        In general, perform all duties incumbent on this office of Public Relations Director and such other duties as may be assigned to the Public Relations Director by the President from time to time.

·        Act as a liaison resource for members and the public-at-large

  VII.      National Technical Director:    The National Technical Director Shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Chair the Selection Sub-committee

·        Be responsible for the technical aspects of USANA;

·        Be a member of the Umpiring and Coaching sub-committees;

·        Advise on and coordinate the work of the Umpiring and Coaching Sub-committees;

·        Attend any other sub-committee meeting where she/he may advise 0n technical aspects but without the power to vote unless a member of said sub-committee;

·        Advise the Executive Board and National Congress on any technical matters;

·        Advise the Executive Board and National Congress on questions of rules of the game and interpretation;

·        Maintain a database of ALL members holding umpiring ad coaching qualifications as recognized by any region;

·        Be responsible for the training and assessment/examination or reassessment of candidates for the umpires/testers/screeners and Coaching awards;

·        Appoint umpires to national competition and matches;

·        Identify and recommend, in conjunction with the Umpiring Sub-committee, umpires for progression to international competition;

·        Be responsible for answering technical queries in connection with umpiring and rules of the games;

·        Determine the qualification for umpires officiating at matches and competitions;

·        Liaise with the match & tournament sub-committee when appropriate;

·        Supply technical material for publication, as required and articles on umpiring and the rule interpretation;

·        Ensure that official rule changes and interpretations are disseminated through the administrative structure;

·        Be responsible for the organization of trials in conjunction with the Match & Tournament and National Development Director as directed by the Executive to select players to represent the USA in all competition;

·        Coordinate selecting a squad of players at each age group as authorized by the USANA Executive Board;

·        Devise and implement a support system regionally and nationally to the further education of umpires and coaches in conjunction with the National Development Director;

·        In general, perform all duties incumbent on this office of National Technical Director and such other duties as may be assigned to the National Technical Director by the President from time to time.

VIII.      National Development Director:    The National Development Director shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Chair the Membership and Development Sub-committee;

·        Oversee the development of netball in the USA;

·        Prepare developmental programs for submission to the National Congress for discussion, ratification, and implementation – annual seminars, workshop clinics and training;

·        Such programs shall include areas of training, scheduling and coordinating the annual events in conjunction with the National Technical Director and Match & Tournament Organizer;

·        Shall be concerned with long term planning and in accordance with item 1 hereof;

·        Attend developmental and/or technical programs on behalf of USANA;

·        Educate the community on rules, interpretations and regulations that governs netball in conjunctions with the National Technical Director if necessary;

·        Assist in grant funding allocation;

·        Establish policies for the development of players and coaches;

·        Establish strategies to achieve those policies in conjunction with the National Technical Director;

·        Identify and implement monitoring procedures in conjunction with the National Technical Director;

·        Be responsible for the organization of trials in conjunction with the Match & Tournament and National Technical Directors as directed by the Executive Board to select players to represent the USA in all competitions;

·        Devise and implement a support system regionally and nationally to the further education of umpires and coaches in conjunction with the National Technical Director; and

·        In general, perform all duties incumbent on this office of National Development Director and such other duties as may be assigned to the National Development Director by the President from time to time.

   IX.      Match & Tournament Director :     The Match & Tournament Director Shall:

·        Have one vote at every meeting of the Executive and National Congress

·        Be responsible for the planning of the National Championships in June of each year;

·        Chair the Match and Tournament Sub-committee;

·        Be a member of the Selection Sub-committee;

·        Be responsible for the work of the match and tournament Sub-committee;

·        Work closely with the National Technical Director, the President and other members of the Match and Tournament Sub-committee;

·        Be responsible for the recommendation and organization of competitive games which are not related to the World Championships, Olympics or Pan American Games for all National teams;

·        Be responsible for the organization of trials in conjunction with the National Development and National Technical Directors as directed by the Executive Board to select players to represent the USA in all competition;

·        Assist the National Technical Director and National Development Director as they may request; and

·        In general, perform all duties incumbent on this office of Match & Tournament Director and such other duties as may be assigned to the Match & Tournament Director by the President from time to time.

     X.      Active Athlete:            The Active Athletes Shall:

·        Have one vote at every meeting of the Executive and National Congress;

·        Be the liaison between Athletes and the Executive Board;

·        Ensure that all Athletes are given the opportunity of due process where required; and

·        In general, perform all duties incumbent on this office of Active Athlete Officer and such other duties as may be assigned to the Active Athlete by the President from time to time.

   XI.      Member-At-Large: The Member-At-Large shall:

·        Have one vote at every meeting of the Executive and National Congress

·        Chair the Disabled Athlete Sub-committee;

·        Be an active member of the Sponsorship Sub-committee;

·        Be an active member of the Fund Raising Sub-committee; and

·        In general, perform all duties incumbent on this office of Member-At-Large and such other duties as may be assigned to the Member-At-Large by the President from time to time.

  XII.      Regional Director(s): The Regional Director(s) shall:

·        Have one vote at every meeting of the Executive and National Congress

·        Elect a Chair of the Regional Directors Sub-committee

·        Be an active members of the Sponsorship Sub-committee;

·        Be an active members of the Fund Raising Sub-committee; and

·        Regionally, devise and implement a support system to further educate umpires and coaches in conjunction with the National Technical Director;

·        Prepare in conjunction with the National Development Director, regional developmental programs for submission to the National Congress for discussion, ratification, and implementation e.g. annual seminars, workshop clinics and training;

·        Be the liaison between members of her/his region and the Executive Board; and

·        In general, perform all duties incumbent on this office of Regional Directors and such other duties as may be assigned to the Regional Directors by the President from time to time.

XIII.      Immediate Past President:  If the Immediate Past President is not a current Executive Board Member in another position, then the following shall apply:  For a period of six (6) months after the Immediate Past President’s term of office ends, she/he shall be considered an Ex-Officio member of the Executive Board. The Immediate Past President may be entitled to attend Executive Board Meetings, as requested by the Executive Board, and may speak on matters, also as requested by the Executive board, except she/he may not speak on matters to which she/he has a conflict. The Immediate Past President shall not have a vote on any matter. The Immediate Past President’s position does not factor into whether or not the Executive Board has a quorum, into the voting allotment of the members of the Executive Board.

Article 8

Sub-committees

Article 8.1      Sub – committees 

The following shall be standing Sub-committees of USANA: Audit, Constitution and Bylaws, Disabled, Fundraising, Sponsorship, Membership and Development, Coaching, Umpiring, Match and Tournament, Selection and Disciplinary. See Article B 3 of the Bylaws for details on Sub-committees

General Guidelines:

         I.      Standing sub-committees may have constituent representation, other composition, size and responsibilities as prescribed either in the Articles of Constitution and Bylaws or by action of the Executive Board;

       II.      All sub–committees shall be composed of at least twenty (20%) percent Active Athletes;

      III.      The President shall propose nominees for all Sub-committees for approval by the Executive Board. Any constituent representation to the women's and men's competition sub-committees shall be directly appointed by the empowered constituent in numbers to be determined by the Executive Board;

   IV.      Active Athletes shall represent twenty percent (20%) of the voting power of each standing Sub-committee and shall be eligible and elected under the requirements of the U.S.O.C. Constitution and Bylaws;

     V.      The chairperson of each standing sub-committee shall be named by the President with the approval of the Executive Board, provided that no person shall chair such sub-committee for more than eight years;

   VI.      The delegation of authority to any sub-committee shall not operate to relieve the Executive Board from any responsibility imposed by these Articles of Constitution and Bylaws;

  VII.      Rules governing procedures for meetings of any sub-committee shall be as set forth in these Articles of Constitution and Bylaws and Byelaws or as established by the Executive Board or, in the absence thereof, by the Sub-committee itself;

VIII.      The term of appointment for all sub-committee members shall be two (2) years; and

   IX.      All sub-committee members are eligible for reappointment.

Article 8.2      Other Sub-committees and Task Forces        

With the approval of the Executive Board, the President shall name such ad hoc Sub-committees as she or he deems necessary or desirable, and these Sub-committees shall have Active Athlete representation as required by the U.S.O.C. Constitution and Bylaws.

Article 9

Discipline & Appeals

Article 9.1      USANA shall observe the maxim “di minimus non curat lex” i.e. that the regulations will not be used to deal with frivolous or vexatious matters notwithstanding that there may have been a technical breach of any of the provisions of the Regulations. In addition, USANA is the custodian of the game of Netball in the USA and is committed to:

         I.      Preserving the traditional character, integrity and good name of the game of Netball;

       II.      Providing all Members with fair and consistent disciplinary procedures.

Article 9.2      Investigation of alleged breaches of the Code of Conduct

                                             I.      Any person who believes that an Athlete or other member of USANA has breached the code may lodge a  complaint with the Executive Board;

                                           II.      All Complaints MUST be in writing and MUST clearly disclose the alleged breach of the Code of Conduct;

                                          III.      The Disciplinary Sub-committee may investigate any alleged breach of the code, whether or not a complaint has been lodged;

                                       IV.      The President MUST, as soon as practicable after receiving a complaint, refer it to the Disciplinary Sub-committee for consideration. In the event that such complaint is made against the President, the Vice-President shall assume the responsibilities such that the President would have had.

                                         V.      The Disciplinary Sub-committee MUST refer an alleged breach to an investigating panel for thorough investigation;

                                       VI.      An investigating panel may, in investigating any alleged breach of conduct:

a.      Interview complainants and other possible witnesses;

b.      Subject to Article 9.2.VII below, interview the Athlete or other member of USANA who is alleged to have breached the Code of Conduct;

c.      Notify the Athlete or other member of USANA of the alleged breach and, subject to Article 9.2.VI.b., give the Athlete or other Member an opportunity to respond within the period specified in the notice;

d.      Gather evidence relevant to the alleged breach;

e.      If necessary, cause summons to be served on any person who may assist the panel in its investigation.

                                      VII.      Before interviewing an Athlete or other member of USANA as contemplated in Article 9.2.VI – b above, and in any notice contemplated in Article 9.2.VI – c above, the investigating panel must warn the Athlete;

a.      Of the Athlete or other member’s right against self-incrimination;

b.      That any admission or explanation given by the Athlete or other member may be used as evidence against the Athlete or other member at a Disciplinary hearing.

                                    VIII.      The investigating panel must keep a record of the investigation;

                                       IX.      If an investigating panel is satisfied that there is sufficient evidence of a breach of the Code of Conduct by an Athlete or other member, the panel may refer the matter to the Disciplinary Sub-committee for a hearing;

                                         X.      A member of a panel that has investigated an alleged breach of the Code of Conduct cannot serve as a member of the Disciplinary Sub-committee which hears the matter.

Article 9.3      Investigation Panel           

An Investigation Panel shall be appointed by the Executive Board. The Investigation Panel shall complete a thorough investigation into the breach of the Code of Conduct.

Article 9.4      Recommendations of the Investigation Panel

                                       I.      The Investigation Panel MUST make its recommendations on whether or not there has been a breach only after:

a.      Evidence has been completed;

b.      Every party to an enquiry has been given a fair opportunity to be heard.

                                     II.      If the Investigation Panel recommends that the Athlete or other member has breached the Code of Conduct, the Sub-committee MUST request parties to make representations on an appropriate sanction. This may include the leading of further evidence, including evidence of any previous convictions of the Athlete or other member for breaches of the code. A certificate issued by the President containing any previous convictions constitutes prima facie evidence of such previous convictions.

                                    III.      If the Investigation Panel recommends that the Athlete or other member has breached the Code of Conduct and recommends a sanction it must:

a.      Record its recommendations;

b.      Inform the Athlete or other member in writing of its recommendation; and

c.      Submit the record of hearing and its recommendations to the disciplinary Sub-committee.

                                 IV.      An Athlete or other member who is dissatisfied with the recommendation of the Investigation Panel may make written submissions to the Disciplinary Sub-committee within fourteen (14) days of her or his knowledge of the recommendation.

                                   V.      The written submissions must set out the grounds on which the Athlete or other member believes the recommendation to be wrong.

Article 9.5      The Disciplinary Hearing

                                       I.      Once a matter has been referred for hearing by a investigation panel, the chair of the Disciplinary Sub-committee must issue a summons to the Athlete or other member who has allegedly breached the Code of Conduct;

                                     II.      The Summons must disclose:

a.      The nature of the alleged breach;

b.      The date, time and venue of the disciplinary hearing

c.      The Athlete or other member’s right to call witnesses to give evidence and to produce documents and other items in support of the Athlete or other member’s case.

d.      The Athlete or other member’s right to make written submissions against any recommendation of the investigating panel to the Disciplinary Sub-committee.

                                    III.      The Summons must be served by way of;

a.      Delivery by hand; or

b.      Fax; or

c.      Email; or

d.      Registered postal mail.

                                 IV.      The date on which the summons is served is regarded as, in the case of;

a.      Service by hand, the date of delivery;

b.      Service by fax, the dispatching date reflected on the fax;

c.      Service by email, the date email was sent; and

d.      Service by registered postal mail, the date on which the letter was signed for in absence of proof to the contrary,

                                   V.      The summons must be served on the accused at least twenty – one (21) days before the date of the disciplinary hearing.

                                 VI.      The President or the Chair of the Disciplinary Sub-committee may issue a summons to any other person to attend the disciplinary in order to give evidence or produce documents or other items;

                                VII.      If an Athlete or other member fails to attend a disciplinary hearing, the Disciplinary Sub-committee may deal with the matter in absence of the Athlete or other member;

                              VIII.      A witness who attends a disciplinary hearing is entitled to such allowance as the Disciplinary Sub-committee may from time to time determine.

Article 9.6      Procedures at the Disciplinary Hearing

                                       I.      The Disciplinary Sub-committee may exclude any person or category of persons from attending a disciplinary hearing;

a.      On reasonable grounds;

b.      If the orderly conduct of the inquiry so requires.

                                     II.      The disciplinary panel may postpone or adjourn a disciplinary hearing;

                                    III.      The Disciplinary Sub-committee may appoint one or more suitably qualified assessors to be present at disciplinary hearing, and to advise the disciplinary panel on matters of law, procedure and evidence, or other matters requiring specific expertise;

                                 IV.      An Athlete or other member charged with an alleged breach of the code is entitled to representation, including legal representation, including legal representation at any disciplinary hearing;

                                   V.      The disciplinary panel must:

a.      Record the evidence at a hearing;

b.      Administer an oath or affirmation to any witness at a hearing.

                                 VI.      At the commencement of the hearing, the Disciplinary Sub-committee must:

a.      Put the charge to the Athlete or other member and ask her/him to plead to the charge;

b.      Inform the Athlete or other member of her/his rights

                                                                                      i.      To representation, including legal representation;

                                                                                    ii.      Against self-incrimination;

                                                                                  iii.      To an interpreter;

                                                                                   iv.      To adduce evidence and challenge evidence at the hearing.

                                VII.      If the Athlete or other member:

a.      Pleads guilty to the charge, the Disciplinary Sub-committee must decide whether or not to hear evidence regarding the charge;

b.      Pleads not guilty, the disciplinary panel MUST hear the evidence regarding the charge;

c.      Refuses or fails to plead, the Disciplinary Sub-committee must enter a plea of not guilty and must hear evidence regarding the charge.

                              VIII.      If the Athlete or other member charged with a breach of the code fails to attend the disciplinary hearing, and the panel decides to proceed with the matter in the absence of the Athlete or other member, it must enter a plea of not guilty and hear evidence regarding the charge.

                                 IX.      If the Disciplinary Sub-committee decides to hear evidence pertaining to the charge, every party to a hearing or the party(s) representative is entitled to:

a.      Lead evidence in support of case;

b.      Cross examine any witness of any opposing party.

                                   X.      Members of the Disciplinary Sub-committee may question any witness at the hearing.

                                 XI.      The record of any evidence of a breach of the code in any disciplinary proceedings constitutes prima facie evidence of such breach by an Athlete or other member for purposes of a disciplinary hearing in terms of act.

Article 9.7      Recommendations of the Disciplinary Sub-committee

                                             I.      On the basis of recommendation of the Investigation Panel and the submissions of the Athlete or other member charged with a breach of the Code of Conduct, if any, the Disciplinary Sub-committee must recommend a finding and appropriate sanction, if any, to the National Congress and inform the Athlete concerned accordingly,

                                           II.      An Athlete or other member who is dissatisfied with the recommendation of the disciplinary Sub-committee may make written submissions to the National Congress for an appeal to the following organizations in listed order:

a.      AFNA

b.      IFNA

c.      USCO

                                          III.      The written submissions must set the grounds on which the Athlete or other member believes the recommendations to be wrong.

Article 9.8      Decisions of the National Congress

                                             I.      The National Congress, after considering the recommendation by the Disciplinary Sub-committee and submissions by the Athlete or other member concerned, if any, may:

a.      Accept, reject or substitute the recommendation of the Disciplinary Sub-committee; or

b.      Refer the matter back to the Disciplinary Sub-committee for further deliberation.

                                           II.      The National Congress may impose the following sanctions on an Athlete or other member who is found guilty of a breach of the Code of Conduct:

a.      A caution if reprimand;

b.      A suspension for a specified period or indefinitely, subject to specific conditions;

c.      Expulsion.

                                          III.      The National Congress may suspend any sanction contemplated in Article 9.7.1 for a period and on conditions determined by it;

                                       IV.      The National Congress must inform the Athlete or other member of its decision.

                                         V.      The National Congress:

a.      May publish such information relating to the hearing as it deems reasonable;

b.      Must not publish information relating to a hearing which reveals or may reveal the identity of any person affected by the proceedings who is under the age of eighteen (18).

Article 10       Active Athletes Election and Representation and Athletes National Congress

               I.      Active Athletes shall represent at least twenty percent (20%) of the voting power and membership on all entities within the governance and administrative structure of USANA as required by the U.S.O.C. Constitution and Bylaws. In the event an Active Athlete is unable to complete the term of a position to which duly elected, the Athletes National Congress shall elect a replacement for the remainder of the unexpired term.

             II.      An Athletes National Congress shall consist of all Active Athletes elected to the Executive Board, standing Sub-committees and the U.S.O.C. Athletes' Advisory National Congress, and its chair shall be elected from and by the members thereof for a two-year term and is eligible to serve as chair no more than eight years. A majority of the Athletes National Congress members must be present at its meeting to constitute a quorum. The term of each Active Athlete on the National Congress shall be concurrent with their membership on the entities listed in this paragraph. Among the last items of Athletes National Congress business for a two (2) year period shall be to nominate Active Athletes for election by all eligible Active Athletes to positions in USANA for the next two (2) year period in accordance with the Active Athlete requirements, qualification and election procedures set forth in the U.S.O.C. Constitution and Bylaws.

Article 11       I.F.N.A. Membership, Sanctioning, and Eligibility

               I.      USANA shall carry out the responsibilities of I.F.N.A. membership, as they may be defined from time to time by the I.F.N.A. governing bodies. With reference to the sanctioning by USANA of international Amateur Athletic Competition in Netball, the sanction of USANA shall be required, and shall be granted, in accordance with the terms of Article VII, Article 2 of the U.S.O.C. Constitution.

             II.      USANA shall provide an equal opportunity to Amateur Athletes, coaches, trainers, managers, administrators, and officials to participate in Amateur Athletic Competition without discrimination on the basis of race, color, religion, age, sex, or national origin.

            III.      Before declaring any Amateur Athlete, coach, trainer, manager, administrator or official ineligible to participate in any Amateur Athletic Competition, USANA shall provide the affected individual with written notice of the alleged grounds of ineligibility and of the individual's right to a hearing on the matter.

         IV.      Unless the President determines that a hearing before the Executive Board would result in unnecessary delay, the hearing shall be held before the Executive Board at its next scheduled meeting. The affected individual shall be notified of the time and place of the hearing, his right to appear personally and/or through an attorney, and his right to present evidence and argument relating to his eligibility. USANA shall also have the right to present evidence and argument at the hearing, either through the Executive Director or his designee. The hearing shall be informal, with all parties being given reasonable opportunity to examine the pertinent evidence and to exchange views. At the request and expense of the affected individual, a transcript of the proceedings may be taken by a certified court reporter. Otherwise, the Administrative Secretary shall keep minutes of the hearing. Following close of the hearing, the Executive Board shall render its written decision, citing the principal grounds therefore, and a copy thereof shall be provided the affected individual. There shall be no right of an appeal within USANA from a decision of the Executive Board.

           V.      If the President determines that a hearing before the Executive Board would result in unnecessary delay, she/he shall promptly appoint, from among the members of the Executive Board, a disinterested hearing officer to conduct the initial eligibility hearing. The same hearing procedures set forth in Article 9.

         VI.      Shall apply to a hearing before the hearing officer, except that she/he rather than the Administrative Secretary shall keep the minutes of the hearing. If the decision of the hearing officer is adverse to the affected individual, she/he shall have the right to appeal to the Executive Board at its next scheduled meeting. Such an appeal shall consist of a de novo proceeding as provided in Article 12.4.1, except that the transcript or minutes of the hearing before the hearing officer shall automatically be included in the evidence before the Executive Board.

Article 12       Internal Grievance Procedure

               I.      Any member of USANA may file a written grievance with the President pertaining to any matter within the cognizance of USANA and alleging a violation of any provision of these Articles of Constitution and Bylaws, the Amateur Sports Act of 1978, or the U.S.O.C. Constitution, By-Laws or General Rules.

             II.      Any grievance shall be signed under oath and shall allege with particularity the nature of the grievance and each claimed violation of the aforementioned documents by reference to specific Articles thereof, stating in concise language how, when, and where the alleged violation occurred. The factual allegations shall be set forth in numbered paragraphs, each paragraph containing a single factual allegation.

            III.      Upon receipt of a grievance, the President shall refer it to the Executive Board. In the case of a grievance referred to the President, she/he shall make an effort to resolve the grievance herself/himself, through informal means.

         IV.      If the grievance is referred to the Executive Board or, in the event that the member filing a grievance is not satisfied with the resolution of the matter reached by informal methods, the member shall be entitled to be heard before the Executive Board at its next scheduled meeting. Procedures for hearing of the grievance shall be the same as are set forth in Article 14.4.1. The Executive Board's determination of the matter shall be final.

Article 13       Binding Arbitration

In accordance with Article IV, Article 4 of the U.S.O.C. Constitution, USANA shall, subject to exhaustion of any internal remedies set forth in these Articles of Constitution and Bylaws, submit to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association in any controversy involving its recognition as a national governing body provided for in Article VIII of the U.S.O.C. Constitution, or involving the opportunity of any Amateur Athlete, coach, trainer, manager, administrator or official to participate in Amateur Athletic Competition, as provided in Article IX of the U.S.O.C. Constitution.

Article 14       Dues, Assessments and fees

All members shall be responsible for the fees which are listed in Clause B.2.2 of the Bylaws; in addition members are also responsible for the onward transmission of said fees to USANA in a timely manner. By majority vote, the Executive Board at any regular or special meeting of USANA may increase these dues and/or assess the various members for additional amounts. Dues notices shall be mailed either by surface or electronic mail to each member no later than 90 days prior to USANA’s Annual General Meeting. Any member that has not paid its annual dues by the Annual General Meeting shall be deemed delinquent and shall be assessed a late fee as listed below. Dues assessments and fees are as outlined in the Bylaws: All fees and subscriptions shall be non-refundable for any purpose or reason.

Article 15       Conflict of Interest and Ethical Practices

               I.      If any officer, or member of the Executive Board, or any other Sub-committee, has a financial interest in any contract or transaction involving USANA, such individual shall not participate in USANA's evaluation or approval of such contract or transaction unless the material facts of the relationship or interest are disclosed or known to the other Directors or other Sub-committee members. If such disclosure is made, the contract or transaction shall not be voidable if the Executive Board or Sub-committee in good faith authorized the contract or transaction by the affirmative vote of the majority of the disinterested Directors or Sub-committee members and the contract or transaction is fair to USANA at the time it is authorized.

             II.      The Executive Board shall adopt a written code of conduct and ethical practices for USANA which shall contain the requirement that each Officer, member of the Executive Board, Executive Board, other Sub-committees, and each athlete. Such code may be amended from time to time by the Executive Board as it may deem advisable.

Article 16       Bylaws

The Executive Board may adopt Bylaws or other operating procedures for USANA, not inconsistent with the terms herein.

Article 17       Resolutions

Legislation may be enacted through resolutions not inconsistent with the Constitution or Bylaws at any meeting of the Executive Board, provided the legislation proposed is of a temporary character effective only for the time specified in the resolution.

Article 18       Dissolution

In the event that USANA should dissolve, all assets of USANA shall be distributed in accordance with the Not-for-Profit laws of the State of New York.

Article 19       Amendments

The Constitution can only be amended at the Annual General Meeting of the National Congress, provided any proposed amendment has been circulated to the Executive Board a minimum of thirty (30) days (postmark) prior to the meeting. Amendments of the Bylaws may be done at any meeting of the National Congress. Action MUST be taken on all amendments submitted for consideration. A simple majority vote of the National Congress shall be required for adoption of all amendments.


Annex 1

Bylaws

Clause B.1    Rules of the game

               I.      The USANA Executive Board in conjunction with the Umpires committee shall distribute amended rules as laid down under the International Code of Rules provided by IFNA as soon as practicably possible.

             II.      The USANA Executive Board in conjunction with the Umpires Committee shall decide in respect of domestic matches the date of implementation of amended rules established under the International Code of Rules as decided by IFNA.

            III.      Matches shall be controlled by two qualified umpires, who should be affiliated to USANA, or who holds a recognized qualification at National Level from another country (which shall have previously been ratified by the USANA Umpires Committee).

Clause B.1.2                                                                                                                  Playing Qualifications

                     I.      "Amateur Status" refers to a person who competes for the love of the sport and as a means of recreation without material gain. To retain amateur status and be eligible for selection to Area Association or National Teams or to play in any competition organized by USANA no player may be allowed to accept any monies or goods by way of reward for such representative play. Sponsorship of teams and/or Area Associations or USANA is permitted provided that the rules of IFNA or any laws of the country or State of incorporation are not contravened in any way.

                   II.      National Team selection will be made by way of trials or
invitation (whichever may be deemed expedient by the USANA Executive Committee).

                  III.      Each player must be a Member of USANA
as defined in Article 4 in the USANA Constitution and shall have been:-

1.      Born in the United States of America and possess a US passport;
        or
2.      Have at least one parent of American nationality and possess all
         required legal travel document(s) or acquired American
         nationality or American permanent resident status and possess a
        US passport or a US permanent resident Card;
        or
3.      Have acquired American nationality or American permanent
        resident status by way of marriage or naturalization and possess a
        US passport or a US permanent resident Card;
        or
4.     Have acquired American permanent resident status by other
        method and possess a US permanent resident Card;
        and
5.      Have resided in the USA for a period of twenty-four months
        immediately prior to selection and prior to the particular World
        Championship;
        and
6.      Have not played in the immediate previous World championship for
        another country.

               IV.      Evidence of residency as stated in clause B.1.2 (III) must be submitted with the application for national squad trials along with a netball playing biography of the applicant.

                 V.      Area Association Teams shall be formed of players who are Members as defined in Article 4 in the USANA Constitution and shall:

1.      Have been born within the geographical area;
        or
2.      Have played for the Area Association during the previous playing year;
        or
3.      Live within the geographical boundaries of the Association;
        or
4.      Be Affiliated through a club competing in that Area Association.


               VI.      No player shall be allowed to represent more than one club or Area Association or Country.

              VII.      Under 21 National and Area Association teams shall comprise of players who shall be under 21 years of age at midnight on January 1 of a particular playing year or by such date as may be designated by IFNA and/or AFNA for international competition. All Under 21 players shall be bound by the same rules as set out in Clauses B 1.2 (I), (II), (III), (IV), (V) and (V1) above.

Clause B.2    Responsibilities of Members: 

Clause B.2.1            Full members shall

         I.      Consist of:

• Associations meeting the criteria for Full Membership

• National Netball Coaches Association
• National Netball Umpires Association

       II.      Be responsible for organizing their own competitions and administering the game of Netball provided that such competitions and administration do not conflict generally with the accepted principles of USANA.

      III.      Determine the boundaries of their Association. In the event of a conflict the boundaries shall be agreed at a meeting of the National Congress.

   IV.      Be responsible for ensuring that each Club within their Association is kept fully appraised of all matters occurring within USANA.

     V.      Be responsible for their fees and for their onward transmission to USANA at the dates as set out in Article 14 of the constitution.

   VI.      Pay all fees and debts to be entitled to participate in nationally organized events.

Clause B.2.2            Associate and Affiliate Members

               I.      Only those Associates and Affiliates who fees are fully paid as set out below shall be entitled to participate in nationally organized events.

             II.      Where an Associate or Affiliate is operating within an area for which no Area Association has been formed, that Associate or Affiliate shall be responsible for the payment of all membership and fees as set in Article 14 of the Constitution. In the event of non-payment, said Associate or Affiliate shall not be eligible to participate in any capacity in any event or competition organized by USANA

Clause B.2.2            Fees

As described in Article 14, the following subscriptions and fees are due by December 31st in each year and shall be non refundable for any reason or purpose.

               I.      Area Associations or School Districts exceeding 10 clubs                     $1,000.00

             II.      Area Associations or School Districts exceeding 5 clubs                       $   500.00

            III.      Area Associations or School Districts with less than 5 clubs                  $   300.00

         IV.      Associate Member Clubs including individual schools                            $   150.00

           V.      Affiliates         - Individual members                                                            $     50.00

                 Corporate affiliates                                                                         $   150.00

         VI.      Application Fee                                                                                             $     25.00

        VII.      Re-instatement Fee                                                                                      $   150.00

      VIII.      Disciplinary Appeal                                                                                      $     75.00

Clause B.3    Composition and duties of Sub-Committees

All sub–committees must be comprised of at least twenty (20%) percent Active Athletes. Following are the responsibilities and additional composition of all Sub-committees:

Clause B.3.1            Audit Sub-committee       

The Audit Sub-committee shall be comprised of at least three (3) and no more than five (5) members; at least one member shall be a member of the Executive Board, but said member cannot be the Finance Director.

The Executive Board shall appoint the members of the Audit Sub-committee and its chair. A majority of members of the Audit Sub-committee shall be financially literate and at least one member shall have accounting or financial management expertise;

               I.      Serve a  term of office not exceeding two (2) years;

             II.      The purpose of the Audit Sub-committee shall be to assist the Executive Board in its oversight of:

a.      The integrity of the financial statements of USANA;

b.      USANA’s compliance with legal and regulatory requirements relating to corporation finances and reporting thereof;

c.      The independence and qualifications of the independent auditor;

d.      The performance of USANA’s internal audit function and independent auditors; and

e.      Additionally, the Audit Sub-committee shall perform those duties normally performed by a finance Sub-committee. The responsibilities of the Audit Sub-committee shall include the following:

            III.      To discuss with the Executive Board the annual audited financial statements and quarterly financial statements including matters required to be reviewed under applicable legal, regulatory or other requirements;

a.      to approve the corporation’s financial statements prior to publication;

b.      to discuss with management and the independent auditor, as appropriate, press releases containing financial information and financial information provided to the public;

c.      to select the independent auditor to examine the corporation’s accounts, controls and financial statements (the Audit Sub-committee shall have the sole authority to approve all audit engagement fees and terms and the Audit Sub-committee must pre-approve any non-audit service provided to the corporation by the corporation’s independent auditor);

d.      to discuss with management and the independent auditor, as appropriate, any audit problems or difficulties and management's response, and the corporation’s risk assessment and risk management policies, including the corporation’s major financial risk exposure and steps taken by management to monitor and mitigate such exposure;

e.      to review the corporation’s financial reporting and accounting standards and principles, significant changes in such standards or principles or in their application and the key accounting decisions affecting the corporation’s financial statements, including alternatives to, and the rationale for, the decisions made;

f.        to review and approve the internal audit staff functions, including purpose, authority and organizational reporting lines and annual audit plan, budget and staffing;

g.      to review and approve of the appointment and compensation of the Director of Internal Audit, who shall report functionally to the Audit Sub-committee and operationally to the CEO;

h.      to review, with the CEO, Chief Financial Officer, Director of Internal Audit, General Counsel, independent auditors, and/or others, as the Sub-committee deems appropriate, the corporation’s internal system of audit and financial controls and the results of internal and independent audits;

i.        to periodically review with the independent auditor the qualifications and performance of the corporation’s finance personnel as observed by the independent auditor;

j.         to establish procedures alone or in conjunction with the CEO and or the Ethics Sub-committee as appropriate, providing effective mechanisms for employees and others to make complaints relating to accounting practices, internal accounting controls, or audit matters, with provisions for confidential anonymous submission by employees and others (the Audit Sub-committee shall be provided with an analysis of all financial, accounting and audit related complaints and their disposition, and shall provide safeguards against retaliation against employees and others who make such complaints);

k.      to obtain and review at least annually a formal written report from the independent auditor delineating

(i)                 the auditing firm's internal quality-control procedures and

(ii)               any material issues raised within the preceding five years by the auditing firm's internal quality-control reviews, by peer reviews of the firm, or by any governmental or other inquiry or investigation relating to any audit conducted by the firm (the Audit Sub-committee will also review steps taken by the auditing firm to address any findings in any of the foregoing reviews and will also review with the independent auditor any significant lawsuits or criminal action alleged against the independent audit firm and the impact, if any, of such suits on the viability of the independent audit firm);

l.         to maintain minutes of its activities and records of attendance of its members; and n) to conduct such other activities as may be requested or assigned by the Board or as set forth in these Articles of Constitution and Bylaws.

Meetings and Reports      The Audit Sub-committee shall meet at least three times a year with the Executive Board and with the Internal Auditor, and at least annually with the corporation’s independent auditors.  The Audit Sub-committee shall meet periodically without the Executive Board being present.  The Audit Sub-committee may invite such members of Executive Board, individuals associated with the USANA’s independent auditors or outside legal counsel, or others to its meetings as it deems desirable or appropriate.  The Audit Sub-committee shall report its minutes and recommendations to the Executive Board after each Sub-committee meeting and shall conduct and present to the Executive Board annual performance evaluation of the Audit Sub-committee.

Clause B.3.2            Constitution and Bylaws Sub-Committee

The Constitution and Bylaws Sub-committee shall:

               I.      Consist of a minimum of five (5) persons, and shall be chaired by the President. 

             II.      Serve a  term of office not exceeding two (2) years;

            III.      Formulate the constitution and bylaws and keep current with the latest election laws for amendments as required and shall assist any member in drafting amendments to the Constitution and Bylaws.  

         IV.      The Chairperson is responsible for writing and presenting proposed changes to the National Congress for consideration. Constitution and Bylaws must be "read" twice and voted on during Annual General Meetings and National Congress Meetings (see Bylaws). As changes are passed, the Sub-committee is responsible for preparing, printing, and distributing the updates to the members. After the amendments have been approved, the Chairperson is responsible for new Articles of Constitution and Bylaws to be updated on the USANA web Site.

Clause B.3.3            Disabled Persons Sub-Committee

The Disabled Persons Sub-committee shall:

               I.      Consist of a minimum of five persons, and shall be chaired by the Member-at-Large. 

             II.      Serve a  term of office not exceeding two (2) years;

            III.      Represent the common interests of disabled persons, protect their lawful rights and interests, unite and educate disabled persons, and promote participation in events for disabled persons.

         IV.      Undertake tasks entrusted by DS/USA, conduct work for disabled persons and mobilize social forces in developing undertakings for disabled persons.

Clause B.3.4            Fundraising Sub-Committee

The Fundraising Sub-committee shall:

               I.      Consist of a minimum of seven persons, one from each region, and shall include the Vice President, the Member – At - Large and the Finance Director who shall be the chair;

             II.      Serve a  term of office not exceeding two (2) years;

            III.      Be eligible for reappointment;

         IV.      Be responsible for creating and maintaining a network of conversations that can produce funds;

           V.      Plan, organize, and run events in order to raise money for USANA. Events have included, but are not limited to: Gala (with raffle, silent auction), cultural show, sale of logo t-shirts and other items, and stoop sale;

         VI.      Set up and break down at Fundraising events;

        VII.      Create and organize the sale of promotional items;

      VIII.      Organize coop-wide participation in USANA events; and

         IX.      Co-ordinate with Webmaster and Public Relations Director on advertising and promotion of events

Clause B.3.5            Sponsorship Sub-committee

The Sponsorship Sub-committee shall:

               I.      Consist of a minimum of seven persons, one from each region, and shall include the Vice President and the Public Relations Director who shall be the chair:

             II.      Serve a  term of office not exceeding two (2) years;

            III.      Be eligible for reappointment;

         IV.      Co-ordinate all sponsorship efforts on behalf of USANA, including local programs, special events and charitable functions on a national level;

           V.      Work in conjunction with the National Congress to raise monies to cover a portion of USANA’s annual operating budget

         VI.      Seek sponsorship to support the organization’s development imitative and the plight of the USA’s National Squads; and

        VII.      Co-ordinate with the Webmaster on advertising sponsors on the USANA website.

Clause B.3.6            Membership and Development Sub-committee

The Membership and Development Sub-committee shall:

               I.      Consist of a minimum of seven persons, one from each region, and shall include the President, the Membership Director, the Public Relations Director and the National Development Director who shall be the chair;

             II.      Serve a  term of office not exceeding two (2) years;

            III.      Be eligible for reappointment;

         IV.      Be responsible for developing and coordinating a membership plan and an ongoing membership campaign; and

           V.      Be responsible for fostering the grassroots component of USANA’s work by involving members and groups in the recruiting process.

Clause B.3.7            Coaching Sub-Committee

The Coaching Sub-committee shall;

               I.      The Coaching Sub-committee shall consist of one appropriately qualified person appointed by each Full Member; the, National Technical Director, the National Development Director and the National Coaching Director who shall be its chairperson;

             II.      Serve a  term of office not exceeding two (2) years;

            III.      Be eligible for reappointment;

         IV.      Ensure that all members are kept abreast with the changes and amendments of the International Rules;

           V.      Create classes for the development of current and new coaches;

         VI.      Test and qualify coaches in accordance with the guidelines and principles as set by USANA in accordance with the guidelines of AFNA and IFNA.; and

        VII.      Ensure that all members who currently hold a coaching qualification which is recognized by USANA are included in a National Coaching Registry;  Levels of coaching qualifications shall be as follows:

                                       I.      Level 1 – (Preliminary Coach)

                                     II.      Level 2 – (Intermediate Coach)

                                    III.      Level 3 – (Advanced Coach)

Clause B.3.8            Umpiring Sub-Committee

The Umpiring Sub-committee shall;

               I.      The Umpiring Sub-committee shall consist of one appropriately qualified person appointed by each Full Member; the, National Technical Director, the National Development Director, Active Athlete(s) as described in Article 8.2 and the National Umpiring Director who shall be its chairperson;

             II.      Ensure that all members are kept abreast with the changes and amendments of the International Rules;

            III.      Serve a  term of office not exceeding two (2) years;

         IV.      Be eligible for reappointment;

           V.      Create classes for the development of current and new umpires;

         VI.      Test and qualify umpires in accordance with the guidelines and principles as set by AFNA and IFNA; USANA in accordance with the guidelines of AFNA and IFNA.;  

        VII.      Recommend umpires for all National Events and to the International Umpiring Panel of IFNA.

      VIII.      Ensure that all members who currently holds an umpiring qualification which is recognized by USANA are included in a national Umpires Registry;  all members shall submit names of qualified umpires in their association to the National Development Director, who shall keep a record of all qualified umpires.

    Levels of umpiring qualifications shall be as follows:

                                       I.      Level 1 – (Preliminary Umpire)

                                     II.      Level 2 – (Intermediate Umpire)

                                    III.      Level 3 – (Advanced Umpire)

All Level 3 umpires may seek accreditation (in accordance with the guidelines and principles as set by AFNA and IFNA) to the International level.

Clause B.3.9              Match and Tournament Sub-committee

The Match and Tournament Sub-committee shall:

               I.      Comprise of the President, the National Development Director, the National Technical Director, Active Athlete(s) as described in Article 8.2 and the Match & Tournament Director who shall be its chairperson and other suitably qualified Members from separate regions;

             II.      Co-opt members from each local association to assist with tournaments which are held in the members area of operation; and

            III.      Ensure that a National Tournament is held in June of each year.

         IV.      Ensure that applications for tournament sanction are circulated to the Executive Board within 7 days of receipt of same and that notification of such sanction or refusal be notified to the applicant within 21 days of receipt of such request to sanction.

Clause B.3.10             Selection Sub-committee

The Selection Sub-committee shall:

I.                     Comprise of the National Coaching Director, the National Umpiring Director, the National Development Director, the National Technical Director and the other suitably qualified Members from separate regions. In the event that such regional representatives are unavailable, then the Executive Sub-committee may appoint such other appropriately qualified person or persons;

II.                   Be chaired by the National Technical Director;

III.                  Ensure that Regional Selection of players takes place where numbers permit. Such regional selection shall be handled by the duly appointed to carry out such task in that region. Those regionally selected players will then proceed through the National Selection process. Costs of regional selections shall be borne locally.

IV.               Make themselves available to assist with selection of coaches for the respective National Squads;

V.                 Make themselves available to assist with selection of players to represent the United States in International Competition;

VI.               Serve a  term of office not exceeding four (4) years

VII.              Be eligible for reappointment;

VIII.            Shall ensure that all applicants for coaching positions are given equal consideration regardless of race, color, religion, sex, national origin, age, physical handicap, sexual orientation or marital status; and

IX.               Shall ensure that all Athletes seeking to become representatives of the USA are given equal consideration regardless of race, color, religion, sex, national origin, age, physical handicap, sexual orientation or marital status;

Clause B.3.11    Disciplinary Sub-Committee: The Disciplinary Sub-committee shall be comprised of at least three (3) and no more than five (5) members, where at least one member shall be a member of the Executive Board.

The Disciplinary Sub-committee shall:

                                             I.      Ensure that alleged breaches of the Code of Conduct are thoroughly investigated;

                                           II.      Establish investigating panels to investigate breaches of the Code of Conduct;

                                          III.      Conduct disciplinary hearings into alleged breaches of the Code of Conduct;

                                       IV.      Ensure that disciplinary hearings are fair and comply with the procedures set out in these Articles of Constitution and Bylaws; and

                                         V.      Recommend findings and appropriate sanctions, if any, to the Executive Board in respect to breaches of the Code of Conduct.

Clause B.3.12   Regional Directors Sub-Committee: The Regional Directors Sub-Committee shall be comprised of the Regional Director of each respective region and shall be chaired by the Director of Regions.

The Regional Directors Sub-committee shall:

                                             I.      Ensure that all information is disseminated through the region;

                                           II.      Establish procedures for reporting purposes.

                                          III.      Review annually the development program for each region in conjunction with the Executive Board.

                                       IV.      Develop and support regional competition, coach/umpire/administrative educational programs.

                                         V.      Liaise with the National Development Director and National Public Relations Director regarding development and media opportunities.

                                       VI.      Make recommendations to the Director of Regions for presentation to the Executive Board. 

Clause B.3.13   Governance Sub-Committee: The Governance Sub-Committee shall be comprised of the President, who shall be the chairperson, Administrative Secretary, Finance Director and two other suitably qualified persons who shall annually review the legal and administrative documentation of the Association and will ensure that the Executive Board are informed of all or any legislative requirements.  

Clause B.4    Due Process for the Athlete or Officials

Rights and Responsibilities of the Athlete or Officials  

               I.      Every athlete or official who participates in active competition becomes thereby a member of a team.  By accepting the privilege of team membership, the athlete accepts the following special responsibilities. 

             II.      Every athlete or official is responsible for the rules and regulations that pertain to his/her development and assignments as a team member. In addition he/she is also responsible for abiding by USANA’s code of conduct. The code of conduct can be found on USANA’s website, www.usanetball.com. In addition every athlete will be required to sign a copy of the code of conduct.  

Clause B.4.1            Discipline (Athletic)      

               I.      The athlete is subject to the athletic disciplinary training rules pertaining to netball as established by the coaching staff along with the Executive Board.  Training rules and other regulations and the possible penalties should not be so detailed that there is no room for consideration of circumstances under which infractions occur.  There must be enough flexibility that player and coach can resolve a problem without either being put in a position too rigid for accommodation.      

             II.      The athlete must participate in practice and games except when ill or otherwise incapacitated or in any other way unable to participate through no fault of the athlete.  If sick or injured, the athlete must have written verification from the medical staff or suitably qualified medical personnel.      

            III.      The athlete must abide by the policy of USANA, AFNA and IFNA.

         IV.      The athlete must obey the decisions of the coaches and Team Manager regarding behavior on road trips, since the conduct of the team members is the responsibility of the accompanying coaching staff and Team Manager at these times.     

           V.      In keeping with training rules relative to the consumption of alcohol, the athlete is bound by his/her coaches' policies.  

Clause B.4.2            Discipline

The athlete or official is subject to the rules and regulations of USANA.  

Clause B.4.3            Personal Conduct in Public

The athlete or official is a public figure and the athlete or official's conduct in public while traveling with the team, or explicitly on behalf of USANA or, while dressed for or participating in a sporting event or practice shall be subject to such criteria as may be laid down from time to time and supplied in writing. As an athlete or official, the athlete or official has no special responsibilities in terms of public roles outside these areas, nor is the athlete considered a representative of  USANA except at these times; unless the athlete must be so informed by the Team Manager.   Attendance at training sessions must take precedence over non-athletic extracurricular meetings and events.  Exceptions are at the discretion of the coach.

Clause B.4.4                                                                                                                  Athlete’s Well Being 

               I.      USANA does not consider the athlete merely as an athlete.  Furthermore, USANA contends that the major purpose for any athlete's participation is to aid with personal development. 

             II.      Because of the interest of USANA in the general welfare and personal advancement of its athletes, USANA will attempt to aid with providing advisors for Athletes. The purpose of such Advisors would be to help with the overall progress of all athletes, and to aid with the development of communication skills.   

Clause B.4.5                                                                                                                  Procedures for Redress of Grievances 

Athletic  Grievances (Not Specified)

If the athlete alleges a violation of athlete rights not specified in this document, the athlete may seek redress through the provisions of USANA’s Code of Conduct and or USANA’s Disciplinary Clause as outlined in USANA’s Constitution.  

Clause B.4.6                                                                                                                  Athletic Grievances      

               I.      Appeal to Coach.  If the athlete protests a suspension, or the athlete alleges any other violation of athlete rights as specified in this document, the athlete must have a conference with the coach.      

             II.      Appeal to Coaching Director.  If no agreement is reached between the coach and the athlete, the two parties must meet with the Coaching Director or his/her designee within five working days of the meeting with the coach.     

            III.      Appeal to USANA’s Disciplinary Sub-committee.  If no agreement is reached in the meeting with the Coaching Director or designee any of the three parties may submit the issue to USANA’s Disciplinary Sub-committee.      

         IV.      Composition of USANA’s Disciplinary Sub-committee.  The USANA’s Disciplinary Sub-committee shall consist of three Executive Board members, two full-time athletes, one member-at-large, and two non-voting advisers.         

           V.      Selection of Voting Members. The three Executive Board members and the two athlete members of USANA’s Disciplinary Sub-committee shall be identified at the beginning of each year by the President and shall be chosen from the membership of the National Congress.  The fifth voting member shall be appointed by the Vice President.  This member is the member-at-large; the member shall be chosen from the National Congress or athlete body and is not to be directly involved in the Netball program.         

         VI.      Selection of Non-Voting Members. One non-voting member each shall be elected by the Executive Body and the athletes.          

        VII.      Annual Selection.  Any changes in membership of the USANA’s Disciplinary Sub-committee shall be considered and made at the beginning of USANA’s fiscal year.  No limit is placed on term of membership.        

      VIII.      Vacancies.  Any vacancy shall be filled by the body requiring new representation.                             

Initial Meeting.  The initial meeting of USANA’s Disciplinary Sub-committee each year shall be convened by the President.  The first order of business shall be the election by the Sub-committee of the Sub-committee chair.          

Clause B.4.7            Review Procedures

               I.      Complaint.  A person, who wishes to appeal to USANA’s Disciplinary Sub-committee, must file a complaint with the Chair of the Sub-committee within five days after the meeting with the Coaching Director or a designee. Exceptions to this deadline are at the discretion of the Sub-committee.              

             II.      Contents of the Complaint shall set forth a description of the facts pertinent to the issue.              

            III.      Processing the Complaint.  The Chair shall convene the Sub-committee within 1 week of receiving a written complaint.  If the Sub-committee decides not to consider the complaint, the Chair shall notify the complainant in writing, specifying the reasons for the Sub-committee's decision.   If the Sub-committee decides to consider the complaint, the Chair shall prepare a Statement of Grievances.  The Statement of Grievances shall include the name of the complainant or complainants; the name of the person or persons accused; a description of the conduct alleged to have constituted a violation, including its date, time and place, if available, and the name of any witnesses known to the Chair at the time the Statement of Grievances is prepared.  One copy of the Statement of Grievances shall be forwarded to the person accused, the complainant and the Coaching Director.  

         IV.      Hearing Date.  The Chair shall, in each case, set the matter for hearing within five days of the decision to consider the grievance.              

           V.      Notice of Hearing.  The Chair shall notify in writing each person involved of the date and place of the hearing.              

         VI.      Proceedings. The Sub-committee may adopt such rules as it deems necessary to conduct its proceedings in conformity with the Joint Statement on Rights and Freedoms of Athletes.  All hearings and other proceedings of the Sub-committee shall be closed unless the Sub-committee directs that any proceeding or portion thereof be opened.  Formal rules of evidence and procedure shall not apply to any proceeding.     

        VII.      Witnesses.  Any person to whom the Chair of the Sub-committee directs a copy of the Notice of Hearing shall consider it an order to appear and testify.          

      VIII.      Source Documents.  The Sub-committee must reach its decision in accordance with the following documents: 

The USANA Constitution (Disciplinary Clause) and the USANA Code of Conduct.           

         IX.      Ruling.  After presentation of evidence, the Sub-committee shall deliberate in private and each member shall vote to sustain or reject the charges brought in the complaint.  The charges shall be sustained whenever a majority of the voting members of the Sub-committee concur in a vote to sustain.  Otherwise, the charges shall be rejected.  If the complainant is under a suspension and the majority of the Sub-committee sustains the athlete's complaint, the suspension is immediately terminated.              

           X.      Opinion of the Sub-committee.  In every case the Sub-committee shall prepare a written majority opinion, including any appropriate recommendation.  A minority opinion may be prepared as well.  One copy of each opinion which is prepared shall be placed in the files of the Sub-committee, one copy shall be sent to each person involved, and one copy shall be sent to the President.    

         XI.      Appeal to the President.  Any disputant in the proceeding may appeal to the President of the USANA.  The President shall review all appeals presented and shall administer the recommended penalty unless the President determines that a lesser sanction is appropriate, in which case the President shall administer the lesser sanction and notify the Chair of the Sub-committee in writing of the President's action and reasons therefor.  One copy of the President's decision and explanation shall be placed in the files of the Sub-committee, one copy shall be sent to each person involved, and one copy shall be sent to the Administrative Secretary’s Office.  The copy which is sent to the Administrative Secretary’s Office may be examined upon request by any member of the USANA. 

Clause B.5    Executive Board Member Eligibility

         I.      Each Executive member and nominees for the Executive Board must be a Member of the USANA as defined in Article 4 in the USANA Constitution and shall have been:-

1.      Born in the United States of America and possess a US passport;
        or
2.      Have at least one parent of American nationality and possess all
         required legal travel document(s) or acquired American
         nationality or American permanent resident status and possess a
        US passport or a US permanent resident Card;
        or
3.      Have acquired American nationality or American permanent
        resident status by way of marriage or naturalization and possess a
        US passport or a US permanent resident Card;
        or
4.     Have acquired American permanent resident status by other
        method and possess a US permanent resident Card;
        and
5.      Have resided in the USA continuously for a period of one year 
        immediately prior to being nominated.

       II.      Evidence of residency as stated in clause B.5 (I) must be submitted with the nomination form along with a profile of the nominee.

      III.      Any Individual who previously served on USANA’s Executive Board or any USANA sub-committee and exited office or the committee without surrendering all records, data, and any documentations that were acquired and/or used  while serving as an Executive or any sub-committee member is not eligible for nomination nor re-election on the Executive Board nor eligible to serve on any sub-committee. 

   IV.      In addition, any individual who has maliciously executed or intend to execute any act(s) that is detrimental to the existence, administration and operation of USANA is not eligible for neither nomination nor re-election on the Executive Board nor eligible to serve on any sub-committee thereof. 

Clause B.6    Hosting the National Championships

I.          The host of USANA National Championship will receive 25% of the net
           profit gained from that particular championship after all expenses are
           verified and paid. 

II.          Any net loss will be absorbed by USANA.

III.         USANA’s Finance Director is required to prepare and submit to the
           MTO sub-committee, a detailed financial report showing all income, 
           expenditure and net profit or loss from the championships within 60
           days after the championships.

Constitution last modified and ratified :     June 13, 2009
Bylaws last modified and ratified :   September 25, 2010.

Constitution and Bylaws ratified by the unanimous order of USANA Congress, September 25, 2010.

       
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