Kansas Soccer Association Bylaws
ARTICLE I – NAME
The name of this Association shall be Kansas Soccer Association. Inc. (KSA).
ARTICLE II – OBJECT
2.1. To coordinate the development of activities relating to the sport of adult soccer within the State of Kansas in a fair, effective and cost efficient manner.
2.2. To promote the sport of soccer at all levels within the State of Kansas, to resolve questions and controversies not addressed under the rules, regulations and bylaw of the relevant affiliated associations, and to exercise the authority and interest of the United States Soccer Federation therein.
2.3. To educate the public concerning all aspects of the sport of soccer and to foster statewide, national and international amateur competition of said sport.
2.4. To solicit, receive and maintain a fund of real or personal property, or both, and, subject to restrictions and limitation hereinafter set forth, to use and apply the whole or any part of the income there from and the principle thereof exclusively for charitable, religious, scientific, literary, or educational purposes, either directly or by contributions to organization that qualify as exempt organization under section 501(c)(3) of the Internal Revenue Code of 1954, as amended (or the corresponding provision of any future law of the United States governing of the internal revenue service (IRS).
2.5 In general, to transact or carry on any other business in connection and consistent with the foregoing.
ARTICLE III – GENERAL
This Association shall be a member of the US Adult Soccer Association and the United States Soccer Federation (USSF). To the extent permissible under all applicable Kansas laws or statutes, US Adult Soccer Association and USSF articles of incorporation, bylaws, policies, and requirements take precedence over and supersede the governing documents and decisions of KSA. KSA will not join any organization that has requirements that conflict with USSF or its articles, bylaws, policies, and requirements.
ARTICLE IV – DEFINITIONS
4.1 “Affiliate” Any organization affiliated with KSA, which has an identifiable membership of players, on whose behalf the organization conducts or engages in soccer activities in a manner consistent with the provisions of Article 2 (above). An Affiliate shall be further defined as the club, league, or association that serves as the basic administrative unit of KSA. Each Affiliate must be independent from any other Affiliate; any Affiliates that shares common officers or a common Board of Directors with a another Affiliate will be treated as being one and their registered members will be aggregated together for voting purposes and the larger of the merged Affiliates will be deemed to have any votes at an AGM or special meeting of the membership.
4.2 “Association” means the Kansas Soccer Association.
4.3 “Authorized votes” Total of eligible votes in attendance at membership meetings.
4.4 “Board” means the Board of Directors of officers and directors of KSA.
4.5 Director – A voting member of the Board of Directors who is not an officer.
4.6 “Eligible Votes” Total number of votes of those members in good standing.
4.7 “Non Voting member” – a member of a committee, the board of directors, or other position within the association who serves without a vote.
4.8 “Federation” means the United States Soccer Federation, Inc, (USSF).
4.9 “FIFA” means the federation International de football Association of which the Federation is the national association member for the United States.
4.10 “Fiscal Year” The 12 month accounting period beginning September 1 and ending August 31 or as determined by the KSA Board of Directors.
4.11 “KSA Membership” A member is an individual, league organization that has applied for and/or been approved for affiliated membership with Kansas State Soccer Association. Membership in KSA through each defined Affiliate is open to all players, coaches, trainers, managers, administrators, officials, referees and honorary members.
4.12 “Hall of Fame Member” is a person who is recognized for either service or accomplishment in the game of soccer at a National or Regional level. Membership shall be approved by a majority of the KSA Board of Directors.
4.13 “Life Member” Is a person that have been awarded the status of Life Membership based on the criteria of having held an office in the Kansas State Soccer Association or this Corporation for at least five years. They shall not be required to pay dues.
4.14 “Player” – a person who is duly registered and actively playing in an Adult Affiliate during the current seasonal year.
4.15 “Athlete Player – Director” The Athlete Player is a elected member of the Board of Directors. The person must be at least 18 years old and currently registered and playing with an Affiliate.
4.16 “Youth Player” A youth member as defined by US Youth Soccer and registered with KSA.
4.17 ”Officer” Duly elected members of the Board of Directors who shall serve as the officers of the corporation and as governed by applicable law.
4.18 “Quorum” The quorum for any KSA Board of Directors meetings shall be a majority. The quorum for the AGM and SAGM shall be a majority of the votes eligible to be cast at any meeting of the affiliated membership.
4.19 “Referee Organization” a group of referees organized for the purpose of affiliation with KSA. Each Organization is required to have a minimum of ten (10) individual members and no more than one organization within a playing affiliate.
4.20 “Seasonal Year” The seasonal year shall consist of the 12 months as defined by USSF.
4.21 “Secretary” The KSA Executive Director shall serve as Secretary of KSA and keep meeting minutes and records of all business related activities. The Executive Director will be a non-voting member of the Board of Directors.
4.22 “Team” shall be deemed to be a recognized entity sponsored by any KSA Affiliate and organized for the purpose of playing the sport of soccer.
4.23 “USASA” means the United States Adult Soccer Association.
4.24 “USSF” or “US Soccer” means the United States Soccer Federation.
ARTICLE V – MEMBERS
5.1 Classes of Membership
5.1.1 Voting Members
5.1.2 Non-Voting Members
5.2 Voting Members
5.2.1 Shall include Affiliates, Life Members and all members of the Board of Directors.
5.3 Non Voting Members
5.3.1 Shall include Hall of Fame Members and all others that advance a particular aspect of soccer but are not responsible for recruiting, training, fielding and funding of soccer players and include business or professional organizations interested in soccer and others that may be designated by the Board of Directors.
5.4 Terms of Membership
5.4.1 Qualification and Eligibility
126.96.36.199 Each annual application for KSA membership shall be on a form as approved by the Board of Directors. The fees due shall accompany each application for the current period.
188.8.131.52 Application shall be filed with Secretary of the Association and shall be acted upon according to the established policies and procedures of the Board of Directors.
5.4.2 Fees / Dues
184.108.40.206 All fees assessed shall be determined by the Board of Directors.
220.127.116.11 All required fees are due as per KSA policies.
18.104.22.168 All current fee schedules shall be available at the offices of the Kansas State Soccer Association.
5.5.1 Any Affiliate desiring to resign from the Association shall submit its resignation in writing to the Executive Director, who shall present it to the Board of Directors for action. No Affiliate’s resignation shall be accepted until all obligations to KSA are met.
ARTICLE VI – OFFICERS
6.1 The Officers of the Association
6.1.2 Vice President
6.2 The Directors of the Association
6.2.1 The Officers of the Corporation identified in paragraph 6.1.
6.2.2 A representative of the Northeast Region of the State, who shall reside in that Region.
6.2.3 A representative of the Southwest Region of the State, who shall reside in that Region.
6.2.4 The immediate Past President of the Corporation who shall only be allowed to vote in the event of a tie.
6.3 Duties of Officers
22.214.171.124 The President is the Chairman of the Board and is Chief Executive Officer of the Corporation and shall do the following:
126.96.36.199 Preside at all meetings of the Board of Directors and the general membership.
188.8.131.52 Oversee and direct all activities of KSA
184.108.40.206 Sign contracts as approved by the Board of Directors
220.127.116.11 Cast a deciding vote or vote by secret ballot.
18.104.22.168 Represent the Association in all matters that requires state representation
22.214.171.124 Submit an annual report at the Annual General Meeting
126.96.36.199 Appoint committees and positions (unless otherwise stated) with approval by a majority vote of the Board of Directors.
188.8.131.52 In the event any other officer is unable to complete the term of office, the President, with the approval of the Board of Directors, shall appoint another person to fill the remainder of the unexpired term.
6.3.2 Vice President
184.108.40.206 The Vice President shall be responsible for the following:
220.127.116.11 Promoting the interest of adult soccer within the Association
18.104.22.168 The administration of such duties delegated to the Vice President by the President or the Board of Directors.
22.214.171.124 The Treasurer shall be responsible for the following:
126.96.36.199 Directing the keeping of full and accurate accounts of receipt and disbursements of the Association in accordance with the established financial policies
188.8.131.52 Act as Chairman of the Finance Committee and Grants Committee.
184.108.40.206 Prepare and submit an annual budget for presentation to the voting membership at the AGM
220.127.116.11 Ensure that an independent annual audit is performed and a formal report be submitted to the membership at the AGM
18.104.22.168 Submit a statement of financial condition at all Board of Director meetings
22.214.171.124 Report value of all Association-owned assets
126.96.36.199 The preparation and submission of any and all paperwork required to meet all federal, state and local laws and regulations, including those related to
KSA’s Articles of Incorporation and Tax Exempt Status
188.8.131.52 Shall compile and keep minutes of all board and Association meetings.
184.108.40.206 Receive all annual Affiliate applications for KSA membership.
220.127.116.11 Notify the membership (30) thirty days prior to an AGM and provide copies of all proposed changes to KSA rules, regulations, policies, and bylaws.
18.104.22.168 Provide written notice of a called meeting of the Association to all Affiliates at least (30) thirty days in advance of the meeting date, and the purpose of the meeting shall be stated in the call
6.5 Elected Officers
The officers and directors of the board shall be elected at the Annual General Membership meeting by the following bodies and shall serve a term of three years. An officer shall serve no more than four terms on the Board and no more than two terms in the same office:
6.6 Resignation/ Removal/ Appointments
6.6.1 The duties and powers of all elected officers shall cease at the end of the Annual General Meeting of the third year of their three-year term or upon their resignation or removal from office.
6.6.2 The duties and powers of all appointed positions shall cease after they have made their annual reports to the Annual General Meeting. The new officers have the duty to fill appointed positions in a meeting following the Annual General Meeting.
6.6.3 No elected Board members shall serve simultaneously in more than one elected position.
6.6.4 No elected/appointed Board Member, committee member, or official of the organization shall be a paid employee of KSA except as otherwise noted herein.
6.6.5 Members of the Board may be removed from office for failure to perform assigned duties.
6.6.6 Any officer absent from two (2) consecutive meetings or four (4) meetings in a year without cause shall be considered unable to perform the assigned duties.
6.6.7 A two-thirds vote of the Board of Directors shall be required to remove an elected member from their position.
6.6.8 The President shall appoint, subject to the approval of the Board, replacements to fill vacancies on the Board arising from removal, resignation or departure of the incumbent for any other reason. Upon approval by the Board of Directors, the appointee shall fill the remainder of the term with full voting rights.
6.6.9 An individual may not be elected to the same office for more than three (3) full terms. The only exception to this shall be that an individual who was appointed to fill a vacancy of an unexpired term of more than one year may not be elected for more than three (3) full terms.
6.7 Qualification of Elected Officers and Directors
6.7.1 As a condition to being nominated for an officer described in Bylaw 6.5, the person to be nominated will submit to the Executive Director at least 30 days prior to the date scheduled for the Annual General Meeting, a Candidacy Notification for the officer position, a Conflict of Interest Disclosure Form that complies with KSA’s Rules, a Risk Management Disclosure Form, and a statement attesting to the following:
22.214.171.124. That the person to be nominated is currently in good standing with the United States Soccer Federation.
126.96.36.199. That the person to be nominated is aware of the requirements of the office they are seeking and agrees to attend the meetings required of such an office and fulfill the duties of the office.
188.8.131.52. That the person to be nominated has completed and either previously submitted a current Conflict of Interest Disclosure Form as required by the KSA’s Rules or submits one with this Statement.
184.108.40.206. That the person has submitted or with the submission of this Statement will complete a Risk Management Disclosure Form.
6.7.2 Any candidate appointed to fill a vacancy described in Bylaw 6.5, or elected by a write-in vote shall complete the Disclosure Forms and submit the required Statement prior to assuming their Office.
6.7.3 Names of the interested candidates will be distributed to the general membership no later than 25 days prior to the Annual General Meeting. If no candidates have submitted their names, the general membership will be notified no later than 25 days prior to the Annual General Meeting.
6.7.4 Only in the event that no candidate files for a position before the 30-day deadline will nominations be accepted from the floor at the Annual General Meeting. Those nominees from the floor must submit Disclosure Forms and the required Statement at the time of the nomination.
6.7.5 The two Independent Directors may not have been registered as a Player or served as an Officer or employee of any Affiliate of an Organizational Member of the USSF, nor may any member of their immediate family have been a registered member Player or served as an Officer or employee of any Affiliate of an Organizational Member of the USSF in the previous five (5) years.
ARTICLE VII – BOARD OF DIRECTORS
7.1.1 The Board of Directors shall be comprised of seven voting members, the President, Vice President, Treasurer, Secretary, Registrar and two Regional Representatives elected at the Annual General Meeting and one non-voting member except in the case of a tie, the immediate Past President.
7.1.2 The President will appoint the Chair of the State Referee Committee to the Board of Directors and the position will serve as a non-voting member.
7.1.3 The Board of Directors may appoint additional members to the Board of Directors who shall be non-voting members.
The sole authority of this Corporation, except that which is herein otherwise delegated, shall be vested in a Board of Directors.
7.2.1 This Board shall have full authority to act for the Corporation in all matters of administration, and shall make a report to the membership at the Annual meetings of whatever business has been conducted by the Board of Directors.
7.2.2 This Board shall have power to incur pecuniary liabilities on behalf of the Corporation.
7.2.3 The Board of Directors will be responsible for enacting, reviewing and publishing policies to enable the Association to attain its stated goals.
7.2.4 The Board of Directors may select and employ an Executive Director to administer the affairs and administrative functions of the Association. The Board of Directors will set the salary and establish the duties. The Executive Director will be directly responsible to the Board of Directors through a designee of the Board of Directors.
7.2.5 The Executive Director may select and employ necessary employees to administer the affairs of the Association’s daily business as approved by the Board of Directors. The Board of Directors will be advised of the compensation and duties of all employees and shall ratify or disavow any compensation set by the Executive Director. Employees will be responsible to the Board of Directors through the Executive Director.
7.2.6 The Board of Directors shall appoint Committee and Sub-Committee Chairs as defined in Article X: Committees. The Board of Directors may dissolve any nonfunctioning committee as defined in Article 10: Committees.
The Board shall meet at least annually, unless the Board of Directors directs otherwise, and at other times at the call of the President or a majority of the Board of Directors. The order of business and agenda shall be as determined by the President in consultation with the Secretary.
7.4 Electronic Meetings
The Board of Directors may act on any matter with the written consent of all Directors. The Board of Directors may conduct business via electronic meeting in accordance with the policies established by the Association.
A majority of the voting members of the Board shall constitute a quorum to conduct business. Each voting member of the Board of Directors, shall be entitled to cast one (1) vote on any matter of business before the Board of Directors. Voting by proxy shall not be allowed.
7.6.1 No Board members shall serve simultaneously in more than one elected position.
7.6.2 No Board Member, appointed official or committee member shall be a paid employee of KSA except as noted otherwise herein.
7.6.3 Members of the Board may be removed from office for failure to perform assigned duties.
7.6.4 Any officer absent for two (2) consecutive meetings without cause shall be considered unable to perform the assigned duties.
A majority vote of the members of the Board of Directors shall approve actions. The Board of Directors may not adopt a Rule Change governing play that has not been approved by the appropriate Council. A two-thirds vote of the members of the Board of Directors shall be required to remove an elected member from their position.
The President shall appoint, subject to the approval of the Board of Directors, replacements to fill vacancies on the Board of Directors arising from removal, resignation or departure of the incumbent for any reason. Upon approval by the Board of Directors, the appointee shall fill the remainder of the term with full voting rights.
The annual budget shall be determined by the Board of Directors and shall be presented to the general membership.
The actions of the Board of Directors shall be presented to the membership at any general meeting.
ARTICLE VIII – MEETINGS
8.1 General Membership Meetings
8.1.1 The AGM shall be held during the first quarter of each year as designated by the Board of Directors.
8.1.2 It shall be the responsibility of each Affiliate to have in attendance a minimum of one member to represent its Affiliates’ interests.
8.2 Special Meetings
8.2.1 Special meetings of the Association shall be called by the President with the approval of the Board of Directors.
8.2.2 The President, at the request of a minimum of thirty three (33) percent of the eligible votes of Affiliates shall call a special meeting. The meeting must be called within 14 days and be held within 60 days.
8.2.3 The Secretary shall provide written notice of a called meeting of the Association to all Affiliates at least (30) thirty days in advance of the meeting date and the purpose of the meeting shall be stated in the call.
8.3.1 The quorum for the AGM shall be a majority of the votes eligible to be cast at any meeting of the affiliated membership.
8.4 Call for the Meeting
8.4.1 The Secretary shall notify the affiliated membership 30 days prior to an AGM and shall provide copies of all proposed changes to KSA rules, regulations, policies, and bylaws.
8.5 Voting Representation
Voting Representation at the AGM shall be as follows:
8.5.1 The voting shall be weighted based on the “Eligible Votes.” The total votes present shall be the Authorized Votes.
8.5.2 The weighting of the Eligible KSA vote shall be as follows:
Affiliates 1 vote for each in attendance
Life Members: 1 vote for each member present
Board of Directors: 1 vote for each member present
8.5.3 Prior to the start of the KSA membership meeting, credentials will be established to determine the Authorized votes. For any issue before the KSA membership to be determined by vote, the Authorized votes will be used.
8.5.4 KSA membership voting will be done by four (4) groups of membership including “Youth Council”, “Adult Council”, “Life Members” and members of the Board of Directors. An individual may only vote representing one group.
8.5.6 The determination of the Eligible votes will be established 14 days prior to the KSA Council meetings and will use the following criteria:
ARTICLE IX – ELECTIONS
9.1 The Officers and Directors of the Association shall be elected at the Annual General Meeting for a term of three years.
ARTICLE X – COMMITTEES
10.1.1 All committee appointments shall be annual appointments unless otherwise stated.
10.1.2 All committee appointments shall take place at the first Board of Directors meeting following the Annual General Meeting.
10.1.3 The President may dissolve any nonfunctioning committee with the approval of the Board of Directors
ARTICLE XI – DISCIPLINE
11.1 Suspension of Membership
11.1.1 Any Affiliate may be determined to be in bad standing for cause and placed in suspension. Cause shall be defined by but not limited to the following:
220.127.116.11 Failure to pay registration fees
18.104.22.168 Failure to pay fees or fines assessed against the Affiliate
22.214.171.124 Violations of Bylaws or Policies of KSA or the USSF.
11.1.2 An Affiliate in bad standing shall not receive any privileges and/or benefits of membership.
11.1.3 Any suspension or expulsion shall be subject to appeal.
ARTICLE XII – PARLIAMENTARY AUTHORITY
12.1 Parliamentary Authority
12.1.1 All meetings of this Association shall be conducted in accordance with the current edition of Robert’s Rules of Order Newly Revised, except as otherwise provided in these Bylaws, any adopted special rules of order, standing rules and the Policies and Procedures of this Association.
ARTICLE XIII – AMENDMENT OF BYLAWS
13.1 Bylaw Amendments
13.1.1 The Bylaws may be amended by a two-thirds vote of the affiliated members in good standing at any AGM or special meeting called for that purpose. Proposals for amendment of the Bylaws must be made in writing and submitted to the KSA Secretary so as to allow thirty (30) days notice to all Affiliates prior to consideration of such proposals at any meeting. Affiliates, Board Members and Life Members may propose Bylaw changes.
13.2 Association responsibilities:
13.2.1 Provide annually to the Federation copies of KSA Bylaws and other governing documents .
13.2.2 Submit changes to those documents to the USSF, United States Adult Soccer Association and U S Youth Soccer Association for approval no later than ninety (90) days after adoption.
13.2.3 Upon reasonable request make copies of those documents available to Affiliates.
ARTICLE XIV – INDEMNIFICATIONS
14.1.1 KSA may, to the fullest extent permitted by K.S.A. Section 17-6305, as amended, indemnify any and all persons whom it shall have the power to indemnify from and against any and all of the liabilities and expenses or other matters referred to or covered in said Section. KSYSA may, but shall not be obligated to, maintain insurance at its expenses, or protect it and any such persons against such expenses or liabilities.
ARTICLE XV – DISSOLUTION
15.1.1 In the event the Association disbands, after liabilities and obligations are satisfied in accordance with government regulations, any remaining monies in the KSA treasury shall be dispersed as determined by the Board of Directors. None of the funds will be used for the benefit of individual members.
ARTICLE XVI – WAIVER OF NOTICE
Whenever notice is required to be given under any provisions of these Bylaws, or of the Constitution or the law of the State of Kansas, a written waiver thereof, signed by the person entitled to notice, whether before or after the time stated therein, shall be the equivalent of notice. Attendance of a person at a meeting, including attendance by proxy at a member’ meeting, shall constitute a waiver of notice of such meeting, except when a person attends such a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of any regular or special meeting of the members, directors, or members of a committee of directors need not be specified in any written waiver of notice.
ARTICLE XVII – MATTERS NOT PROVIDED FOR
Any matters not provided for in these BYLAWS will revert to USSF Bylaws or Policies or the Kansas Corporation Code. In the event that there is no provision in the USSF Bylaws or Policies or the Kansas Corporation Code, the matter will be determined by the KSA Board of Directors.
Adopted this 15th day of March, 2019
Kansas Soccer Association Policies
Policy on Conflict of Interest
Article I. Purpose
The purpose of the conflict of interest policy is to protect this tax-exempt organization’s (Organization) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.
Article II. Definitions
2.1. Interested Person Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.
2.2. Financial Interest A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
- An ownership or investment interest in any entity with which the Organization has a transaction or arrangement,
- A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement, or
- A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.
Article III Procedures
3.1. Duty to Disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.
3.2. Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.
3.3. Procedures for Addressing the Conflict of Interest
- An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
- The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
- After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
- If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.
3.4. Violations of the Conflicts of Interest Policy
- If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
- If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.
Article IV Records of Proceedings
The minutes of the governing board and all committees with board delegated powers shall contain:
- The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.
- The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.
Article V Compensation
- A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
- A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
- No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.
Article VI Annual Statements
Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:
- Has received a copy of the conflicts of interest policy,
- Has read and understands the policy,
- Has agreed to comply with the policy, and
- Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.
Article VII Periodic Reviews
To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
- Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm’s length bargaining. b.
- Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurnment, impermissible private benefit or in an excess benefit transaction. Article VIII Use of Outside Experts When conducting the periodic reviews as provided for in Article VII, the Organization may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted.
SAFE SPORT ACT COMPLIANCE POLICY
The purpose of this Safe Sport Act Compliance Policy is to serve as a guide to compliance with the federal law entitled the “Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017” (“Safe Sport Act”), which was enacted by Congress and became federal law on February 14, 2018. In 2017, the United States Olympic Committee delegated to the United States Center for SafeSport (“SafeSport Center”) authority to respond to reports of sexual misconduct within the United States Olympic and Paralympic Movements. The Safe Sport Act codifies that the SafeSport Center has exclusive authority over National Governing Bodies of Sport to investigate and take action in response to allegations of sexual abuse.
In addition to the U.S. Center for SafeSport’s fact sheet, which provides information regarding the entire law, here is additional detail on the specific mandatory reporting of child abuse requirements included in the new legislation:
- The bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse, including sexual abuse, within 24 hours to all adults who are authorized to interact with minor or amateur athletes by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition. These individuals are called “covered individuals” in the new legislation.
- Child abuse is defined as physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
- Per current federal regulations, reports of child abuse should be made to the local law enforcement agency or local child protective services agency that has jurisdiction to investigate reports of child abuse or to protect child abuse victims or to the FBI. These regulations have not yet been updated to reflect the recent change in the law. Until such time as the regulations are updated, U.S. Soccer will make reports to (1) local law enforcement where any alleged incident took place to the extent it can be determined and the incident occurred in the United States, (2) local law enforcement where the victim resides if different than (1), and (3) the FBI.
- An individual who is required, but fails, to report suspected child sexual abuse is subject to criminal penalties including fines and up to one year in jail.
Kansas Soccer Association is committed to compliance with the Safe Sport Act. To that end, KSA hereby adopts the following Safe Sport Act Compliance Policy:
Mandatory Abuse Reporting. Any adult interacting with youth athletes who becomes aware of an alleged incident of sexual misconduct is required to report to local law enforcement authorities and to such other entities as required by the United States Soccer Federation (USSF), within a 24-hour period following the adult’s first becoming aware of such incident, a reasonable suspicion of sexual misconduct. Every adult who staffs or volunteers to organize, assist with, or manage any element of a KSA program or other event in which youth athletes participate is a mandatory reporter and subject to this policy. All individuals who, acting in good faith, make a report or otherwise provide information or assistance in connection with a report, investigation, or legal intervention shall be immune from civil and criminal liability arising out of such actions (per the Protecting Youth Victims from Sexual Abuse and Safe Sport Authorization Act of 2017).
For purposes of this Safe Sport Act Compliance Policy, the following definitions shall apply:
- Youth Athlete. The term “youth athlete” shall mean a child or minor under the age of 18 who participates in a race, youth running programs, or any other event hosted or operated by KSA.
- Sexual Misconduct. The term “sexual misconduct” shall include, but not be limited to, child sex abuse, non-consensual sexual conduct, sexual harassment or intimate relationships involving an imbalance of power.
- Local Law Enforcement Authorities. The term “local law enforcement authorities” shall include, but not be limited to the police and/or Sheriff’s department having jurisdiction over the location where the incident is alleged to have occurred and the Kansas Bureau of Investigation.
- Sexual Grooming. The term “sexual grooming” shall mean a method used by offenders that involves building trust with a child and the adults around a child in an effort to gain access to and time alone with the child. In extreme cases, offenders may use threats and physical force to sexually assault or abuse a child. However, sexual grooming more commonly involves subtle approaches designed to build relationships with families. The offender may assume a caring role, befriend the child or even exploit the offender’s position of trust and authority to groom the child and/or the child’s family. These individuals intentionally build relationships with the adults around a child or seek out a child who is less supervised by adults in her/his life. This increases the likelihood that the offender’s time with the child is welcomed and encouraged.
Aspects of sexual grooming may include:
- targeting the victim; 2. securing access to and isolating the victim; 3. gaining the victim’s trust; and 4. controlling and concealing the relationship.
Mandatory Safe Sport Training. All adults working with youth athletes, or other event involving youth athletes, shall be required to receive sexual abuse prevention training that the USSF and KSA have determined to satisfy the legal requirements of mandatory Safe Sport training. Such training shall be proactive rather than reactive and must include educational material about the process of sexual grooming.
SafeSport Center offers online Safe Sport training certification courses designed to meet the Safe Sport Act training requirement, including education about the process of sexual grooming.
Youth Volunteer Registration. As part of KSA’s volunteer registration for programs and other events in which youth athletes will be participating, KSA shall include a copy of its Safe Sport Act Compliance Policy as an attachment. All adult volunteers and staff members who register for any such race, program, or other event must attest to having read the policy and must agree to abide by the policy. Those Volunteers that have complied with the Policies of the Kansas State Youth Soccer Association may submit evidence of such compliance and will not be required to take additional training. See, file:///C:/Users/ablin/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/KSYSA_Prohibited_Conduct_&_S_534_Compliance_Policy1%20(1).pdf
Criminal Background Checks. All adult volunteers and staff members who are reasonably expected to have significant contact with youth athletes in a KSA program, or other event that predominantly involves the participation of youth athletes should consent to and complete a criminal background check before they are permitted to have contact with youth athletes in connection with such race, program, or other event.
Right to Bar Registered Sex Offenders from Participation in KSA Programs, Leadership, or Events. All event waivers for KSA programs, or other events shall include a provision stating that KSA reserves the right to bar from participation any volunteer, or other person who is involved in any way with such program, leadership, or other event if it is reported to and confirmed by KSA that the volunteer, or other person is listed as a sex offender on a sex offender registry.
Prohibition against One-on-One Contact with Youth Athletes. No adult staff member or volunteer is permitted to be alone and otherwise unsupervised with a child who is not their own child during a KSA program or other event involving youth athletes.
All KSA member Leagues that allow the participation of youth players shall adopt rules that are substantially in conformance with this Policy.
Approved: September 9, 2019