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Bylaws

ARTICLE 1:  NAME

1.1:  The name of this non-profit organization is The United States Deaf Cycling Association, Inc.  The acronym USDCA shall be used for the purpose of brevity or for use in a logotype.

ARTICLE 2:  OBJECTIVES

The objectives of this Association shall be
2.1:  To promote cycling, both competitive and recreational, among Deaf and Hard-of-Hearing people.

2.2:  To provide Deaf and Hard-of-Hearing cyclists with benefits, activities and opportunities that will further increase their enjoyment of the sport of cycling.

2.3:  To encourage amateur bike racing among Deaf cyclists and to sponsor national and regional races for the Deaf and Hard-of-Hearing cyclists, with sanction by and in conformance with the rules of appropriate agencies governing national and international cycling competitions.

2.4:  To assist in any way possible the selection, organization and training of the United States Deaf Cycling teams for international competitions.

ARTICLE 3:  REGISTERED ADDRESS

3.1:  The registered address of this Association shall be the address of the Secretary-Treasurer.

ARTICLE 4:  MEMBERSHIP

4.1:  Anyone with a hearing loss meeting the criteria established by International Committee of the Sports for the Deaf (ICSD), residing in the United States or a neighboring country, and professing an interesting in cycling may become an active member upon payment of dues to this Association.

4.2:  Members who are non-citizens of the United States shall enjoy full membership privileges except that they shall not vote for officers of this Association, and nor shall they be eligible for membership on the United States Deaf Cycling Team.

4.3:  Any child whose parent(s) is an active member in good standing and whose age are 16 or under are eligible to participate in recreational competition activities of the Association.

4.4:  Only active members shall have voting privileges in any meeting or ballot conducted by this Association.

4.5:  The Board of Directors shall determine the fees and dues for membership.

4.6:  Members failing to pay dues on a date set by the Board of Directors shall be deprived of the privileges that go with his/her membership until such dues are paid.

4.7:  All athletes selected as representative of USDCA are required to be active members.

ARTICLE 5:  AFFILIATION

5.1:  This Association shall affiliate with any cycling or athletic organization in which mutual benefit can be gained from such affiliation.

5.2:  Active cycling clubs on joining the USDCA shall pay annual fees for membership as may be established by the Board of Directors.

5.3:  The following criteria for the cycling clubs are required to meet the minimum three (3) members or more to initiate.

5.4:  Individual membership of cycling club is required to pay five dollars as determined by the Executive Committee for any affiliated organization. Club fee to cover functions is the club's decision.

ARTICLE 6:  MEETING

6.1:  The Board of Directors shall meet once each year and shall hold such additional meetings as may be called by the President or by any two Board members by request through the President.

ARTICLE 7:  ELECTION OF OFFICERS

7.1:  Officers shall be elected by secret ballot by the reaching the simple majority of votes cast upon open nominations for respective office. The office of President shall be open for nominations following the conclusion of the Deaflympics year. The office of the Vice-President shall be open for nominations the following year after the election of the President. The office of the Secretary-Treasurer shall be open for nominations following the year after the election of the Vice-President.

7.2:  Nominations and elections of officers shall be conducted by an Election Committee, which shall consist of two members and one Board member, selected by the President with the advice and consent of the Board. All nominations shall occur in the third week of September and remain open for two weeks. All elections shall occur in first week of October and remain open for two weeks. The term of officer shall begin or continue on January 1st after elections.

7.3:  The Executive Committee shall consist of three officers: President, Vice-President, and Secretary-Treasurer. The Board of Directors shall consist of the Executive Committee, Road Bike Coach, and Mountain Bike Coach.

7.4:  The term for each office is four years. The elections for each position shall occur in progressive years beginning with the President, then Vice-President, and finally Secretary-Treasurer. All officers shall begin on January 1st after elections and serve until the end of their four years. There is no limit for re-election.

7.5:  The Election Committee's responsibilities shall be to: a) Seek nominations for officers by sending nomination forms to its committee. b) Prepare and send out the official ballots to all qualified members of the USDCA.

7.6:  A majority of the votes of the membership voting shall elect officers.

7.7:  Elective officers of this Association shall be: President, Vice-President, and Secretary-Treasurer. USDCA Coach Selection Committee shall be supervised by the President and adhere to the USDCA Coach Selection Process.

7.8:  Any officer or member of any committee of this Association may be removed for any good cause (as defined in (a) below) by two-thirds vote of the Board of Directors present and voting at a general meeting, or a special board meeting called for this purpose, provided that a quorum is present and provided that the requisite written notice for such meeting shall properly set forth on the agenda the said removal vote. a) Any officer or member of any committee may be removed, if s/he acts in a manner detrimental to the objectives of the Association and the sport of cycling, or has violated any of the bylaws of the Association. b) Any officer or member of any committee subject to removal shall be notified in writing of all charges against him/her and be offered the opportunity to be heard before the Board and to present witnesses on his/her behalf.

7.9:  Anyone can be elected to an office after fulfilling two (2) years membership of this Association.

7.10:  A vacancy in any office, other than that of President, shall be filled by appointment by the President with the approval of the Executive Committee. Should the office of President become vacant, the Vice-President shall automatically become President.

ARTICLE 8:  DUTIES OF OFFICERS

8.1:  The President shall be the chief executive officer of the Association and shall preside at all meetings. S/he shall act as liaison between the Association and other organizations with which the Association is affiliated and shall rule on all questions relating to the USDCA Bylaws and Roberts Rules of Order. The Executive Board must approve all major expenditures.

8.2:  The Vice-President shall perform the duties of the President in his/her absence or when the office of the President becomes vacant. S/he shall act as chairperson of the Bylaws committee.

8.3:  The Secretary-Treasurer shall record all General and Board meetings and read the minutes of such. S/he is sufficiently familiar with legal documents (articles, bylaws, IRS letters, etc.) to note applicability during meetings. S/he shall maintain records of the board and ensures effective management of organization's records. S/he shall collect dues and keep a list of all active members. S/he shall submit a yearly financial report to the membership. S/he shall collect all United States Deaf Cycling Team Fund monies. The fiscal year shall begin on January 1st. The two (2) appointed auditors from the general meeting, selected before the start of the general meeting, shall be approved by the Board.

8.4:  The Road Bike Coach and Mountain Bike Coach shall also be the cycling coaches with the responsibilities of recruiting, trainings, preparing, and coaching the USA Cycling Team for both Deaflympics and World Deaf Cycling Championships. The Road Bike Coach and Mountain Bike Coach position can be held by one individual if deemed qualified by the selection committee. Due selection process and duties expected for these coaches can be found in the USDCA Coach Selection Criteria.

ARTICLE 9:  EXECUTION OF INSTRUMENTS: Deposit and Withdrawal of Funds

9.1:  The Secretary-Treasurer may from time to time authorize the opening and maintaining the general and special bank accounts with any bank institution. He or she shall adhere that the expenditure shall not be drafted over the availability of revenue from membership dues, donations and whatsoever for the use of organization during the calendar year.

9.2:  By the end of calendar year, all of the balance from the revenue shall go to both mountain bike development fund and road bike development fund equally.

9.3:  Any other special fund may be assigned by the Board of Directors, which is to be the general activity fund of the Association and/or endowment fund, which is to be used to support programs of the Association.

ARTICLE 10:  COMMITTEES

10.1:  Committees may be established by the Board of Directors as it deems necessary for the proper execution of business of this Association.

10.2:  Such committees shall remain in operation until the next election.

ARTICLE 11:  ADMINISTRATION

11.1:  All business unless otherwise stated in the Association bylaws shall be conducted by the Board of Directors, subject to their general direction by the officers of this Association.

11.2:  The Board shall meet at the general meeting, at times the President deems necessary. At other times, business may be conducted through mail or by other convenient means.

11.3:  The Board of Directors may at any time determine reasonable expenses incurred by the duly elected officers and that these expenses shall be reimbursed by this Association.

11.4:  Any act of the Board may be overruled if: a) A member objecting to an act secures a petition with six or more signatures of members in good standing besides himself/herself, to force a vote by the general membership on the issue in question. b) A majority vote of the general membership at the general meeting against the act shall invalidate it.

ARTICLE 12:  ORDER OF BUSINESS

12.1:  The order of business at the General Meeting shall be established by the Board of Directors.

ARTICLE 13:  AMENDMENTS

13.1:  Notification of proposed amendments to this Association Bylaws must be published in the USDCA eBREAKAWAY Newsletter and sent to Association members.

13.2:  A two-thirds majority vote of the members by votes cast is required to amend the Bylaws.

13.3:  The Board of Directors shall have the power to adopt, amend, or repeal any of the bylaws of this Association, except bylaws repealed or adopted by the members at any annual, regular, or specific meeting and/or via internet.

ARTICLE 14:  GRIEVANCE PROCEDURE

14.1:  Any member of this Association may file a written grievance in the form of a complaint with the Secretary, within fifteen (15) days, pertaining to any matter within the cognizance of this Association and/or alleging a violation of any provision of these bylaws or Operating Regulations. At the time of filing, a copy of the compliant shall be sent to the President.

14.2:  Each complaint shall be signed under oath and shall allege with particularity the nature of the grievance and/or each claimed violation by reference to specific sections thereof, stating in concise factual allegations shall be set forth in numbered paragraphs, each paragraph containing a single factual allegation.

14.3:  Upon receipt of a complaint, the Secretary shall refer it to the Standing Committee for the sport involved or in the case of more general grievances or complaints, to the Executive Board. Every effort will be made to resolve the complaint at this level through informal means.

14.4:  In the event that the member filing a compliant is not satisfied with the resolution of the matter by informal methods, S/he may request a hearing, whereupon the President shall, within fifteen (15) days, appoint a panel, consisting of three (3) members of the Executive Board, none of whom shall have in interest in the subject matter of the complaint to hear evidence, making findings of fact, and adjudicate the issues raised. At least 20 percent (20%) of the Executive Board members appointed shall be active athletes. The appointment shall include the designation of one (1) of the selectees as the chairperson.

14.5:  Fair notice and an opportunity for a hearing shall be accorded to any amateur athlete, coach, trainer, manager, administrator, or official before this Association declares such individual ineligible to participate in any amateur athletic competition.

14.6:  At any hearing conducted pursuant to paragraph (d) of the Article, all interested parties shall have the right to counsel, to present evidence in support or in opposition to the complaint, to cross-examine witnesses, and to present such factual or legal claims as will support their positions. The hearing panel shall make a summarized record of the proceedings. The rules of evidence shall not be strictly enforced; instead, rules of evidence that are generally accepted in administrative proceedings shall be applicable. The hearing panel shall expeditiously conduct the hearing and report its findings of fact and conclusions in writing to the Association and all interested parties.

14.7:  The decision of the hearing panel may be appealed to the Association by written notice to the President by certified mail within fifteen (15) days from the receipt of the decision.

ARTICLE 15:  DISSOLUTION

15.1:  The Association may be dissolved by vote of a majority of the eligible members if there is a belief that the organization is not a viable entity that can meet its obligations as outlined in the Articles of Incorporation, these Bylaws, or other authoritative documentation.

15.2:  If the Association is dissolved for any reason, then all assets shall be donated to an organization qualifying as a 501(c)(3) charitable organization under the Internal Revenue Service Code, in the order of preference listed below:

15.3:  A deaf cycling organization that serves a similar purpose to the United States Deaf Cycling Association, as outlined in the Articles of Incorporation.

15.4:  Failing 15.3, the funds should then be sent to the USA Deaf Sports Federation (USADSF), with a request for them to hold the funds in their account until a new cycling association is established that can assume the responsibilities outlined in the USDCA Articles of Incorporation.

15.5:  If a deaf cycling association qualifying as a 501(c)(3) organization is not yet established by the time the next World Deaf Cycling Championships or Deaflympics takes place, the USADSF may authorize use of the funds in their care to support the U.S. Deaf Cycling Team’s participation in the event. The funds in the care of the USADSF may not be used for any purpose other than deaf cycling.

15.6:  Should the USADSF decline to hold and manage the funds in that manner, the question of how to disperse of the funds shall be put to the eligible members of the Association. A minimum of 2/3 of the membership must participate in the vote for the results to be valid. The majority vote (51% or better) will determine how the funds are to be used.

ARTICLE 16:  ARBITRATION DECISIONS

16.1:  The United States Deaf Cycling Association, Inc. agrees to submit to binding arbitration conducted, in accordance with the commercial rules of the American Arbitration Association, in any controversy involving the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athlete competition, as provided for by the United States Olympic Committee's Constitution and bylaws.

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      Revision History:
      Revised on September 2, 1999
      Revised on May 22, 2002
      Revised on December 26, 2006
      Revised on January 6, 2007
      Revised on December 5, 2011

       


 

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