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IOWA NET NEWS 2012 - USTA.com

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Grievance Procedures - continued<br />

After receiving the written request for such a review, the Executive Board shall promptly review<br />

the findings of fact and the decision of the Grievance Committee. The Executive Board shall not<br />

be required to hold any hearing and its decision may be based entirely on the finding of fact of the<br />

Grievance Committee. However, the Executive Board may hear further testimony and receive such<br />

further evidence as it, in its absolute discretion, deems appropriate. The Executive Board shall have<br />

the power to affirm, modify, or reject the decision of the Grievance Committee, but may not impose<br />

any harsher penalties.<br />

Following its review, the Executive Board shall promptly notify the person penalized of its<br />

decision by certified mail. The decision of the Executive Board shall be final and binding, unless<br />

the penalized person is granted an appeal before the MVTA or <strong>USTA</strong> Grievance Committees, and<br />

the penalty imposed under the ITA Grievance Procedures is modified or reversed by the MVTA or<br />

<strong>USTA</strong> Grievance Committees.<br />

j. Emergency Grievance Procedure. Complaints that the Chairperson deems to require<br />

immediate action may be filed by telephone. Until a written <strong>com</strong>plaint is received, the Chairperson<br />

may decide only that portion of the matter that the Chairperson deems urgent. The Chairperson<br />

shall act on the basis of such investigation as the Chairperson, in his or her absolute discretion,<br />

deems appropriate. The Chairperson shall act as soon as possible. The Chairperson may notify the<br />

parties involved of his or her decision by telephone. In the Chairperson’s absence, or at his or her<br />

request, the Vice-Chairperson shall have the same power to act.<br />

Any person aggrieved by the Chairperson’s action may appeal to the Emergency Grievance<br />

Appeal Board. This Board is <strong>com</strong>posed of the President of the ITA and two of the Vice-Presidents<br />

of the ITA. Two members of the Emergency Grievance Appeal Board shall constitute a quorum.<br />

The aggrieved person may appeal to the Board by telephone to the President of the ITA. If the<br />

President is unavailable, then the aggrieved person may appeal by telephoning any member of the<br />

Emergency Grievance Appeal Board. The Board may meet in person, by telephone conference call,<br />

or by a series of telephone calls. The Board shall act on the basis of such investigation as it, in its<br />

absolute discretion, deems appropriate. The Board shall have the power to modify, affirm, or reject<br />

the Chairperson’s decision. The Decision of the Board shall be final.<br />

k. Effective Date of Disciplinary Action. Actions taken under the Emergency Grievance<br />

Procedure shall be effective as soon as the decision of the Chairperson, or in the case of an appeal,<br />

the decision of the Emergency Grievance Appeal Board, is rendered.<br />

All other penalties imposed by the Chairperson, the Grievance Committee, or the executive Board<br />

shall be effective on the thirtieth day following the mailing of the written decision to the penalized<br />

person, unless that person utilizes the appeal<br />

procedure.<br />

l. Fines. All fines shall be payable to the ITA.<br />

m. ITA’s Right to Appeal. The ITA, its officers and its <strong>com</strong>mittees shall have no right to<br />

appeal.<br />

Exhaustion of Administrative Remedies<br />

By participating in any activity authorized by or within the jurisdiction of the ITA, a person agrees to<br />

follow the Articles of Incorporation, By-Laws, Standing Orders, and rules and regulations of the ITA, and<br />

to exhaust all administrative remedies provided in these ITA documents in each controversy and <strong>com</strong>plaint<br />

involving participation in ITA activities.

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