The Grievance Procedure
Ten of the most frequently asked questions
1.) SHOULD I FILE A GRIEVANCE OR NOT?

It would be a breach of the by-laws for the PSA to either encourage or discourage a person filing a grievance. The chair of the Committee on Professional Standards can answer any questions regarding grievance procedures. However, the PSA as the administrator must remain fair and impartial to both parties. No PSA employee or volunteer can render an opinion to this question and neither can anyone else on the PSA board of governors. You must decide based on the merits of the issue.

 

2.) I WANT TO FILE A GRIEVANCE. HOW DO I FIND OUT WHAT TO DO? WHERE DO I GO?

First, go to the PSA web site (www.skatepsa.com) and click on Professional Standards. There is a lot of helpful information in the Grievance Procedure Rules as well as the Code of Ethics and Tenets of Professionalism. After going to the web site, if you have further questions regarding the process, you’re welcome to contact the chair of the Committee on Professional Standards.

 

3.) IS EVERYTHING CONFIDENTIAL?

On behalf of the PSA, the grievance material is kept confidential. The PSA will share the grievance information only with the three panel members and the parties directly involved. The parties involved are requested to respect this same confidentiality. Gaining appropriate support material is not considered a breach of confidentiality on behalf of the parties involved.

 

4.) DO I NEED TO FILE A GRIEVANCE WITHIN A CERTAIN AMOUNT OF TIME?

Yes. A grievance needs to be filed within a certain amount of time from the incident. Timely filing means a grievance filed within sixty days of the occurrence which is alleged to be a violation, or within sixty days of the discovery of the alleged violation, provided, that all claims must be made within two years of the alleged violation, regardless of time of discovery. Any of the following grounds of disability, existing at the time when a cause for a complaint arose shall suspend the running of the period of timely filing until the disability is removed, but in all cases not longer than two years after the disability ends: the complainant is under the age of 18 years; the insanity of the complainant; the commencement of the complaint is stayed by injunction or statutory prohibition.

 

5.) WHAT ARE THE VARIOUS JUDGMENTS AND WHAT DO THEY MEAN?

    • Case dismissed means no further action required.
    • Private Admonition means a non-public finding of unethical conduct that is considered to have been an isolated or inadvertent event and not likely to occur in the future.
    • Public Admonition means a finding which shall be available to the public upon inquiry and represents one or more acts of unethical conduct.
    • Probation means a finding which shall be available to the public upon inquiry, of unethical conduct which shall result in such sanctions and on terms as may be appropriate in the discretion of the Committee on Professional Standards.
    • Suspension shall mean loss of good standing membership status and public announcement thereof. Suspension may require reapplying for membership.
    • Expulsion shall mean removal from the rolls of membership, public announcement thereof and shall require complete re-application for re-admission to membership.

6.) DO I NEED TO HAVE EVERY DOCUMENT SIGNED AND NOTARIZED?

In order to be taken into consideration, each document submitted must be signed and individually notarized under penalty of perjury. Documents will be accepted only if they are signed and notarized under penalty of perjury by the person who authored the document. Only those items based on personal knowledge can be sworn to. In other words, the Party sending what someone else is saying cannot swear to the truthfulness of that statement…only the author of the statement can do that. Other exhibits, such as photographs or copies of records, may be filed with an attached statement, under oath, notarized and under penalty of perjury, explaining the purpose of the exhibit and that it is a true and correct copy of the original record or if a photograph accurately shows the subject of the photo as it existed at the time the photo was taken. Unsigned statements or anonymous claims and emails without header information will not be considered.

 

7.) WHO DO I SEND MY GRIEVANCE TO?

If you decide to file a grievance, you must read and follow the procedure rules and send the documents to the care of the executive director at the PSA office. It will be logged in with the filing date and the completed application will be checked. It will then be sent to the chair of the PSA Committee on Professional Standards to administer. Please read the Grievance Procedure Rules carefully and follow the instructions. Your case will come to judgment in a more timely fashion if everything is sent in the correct format!

 

8.) WILL I SEE ALL THE RESPONSES OF THE OTHER PARTY INVOLVED IN THE CASE?

Yes. All evidence is shared with both parties.

 

9.) WHY DO I HAVE TO PAY A FEE TO FILE A GRIEVANCE?

The postage is the main expense. Most documents are sent via Priority mail, certified, and return receipt. During the grievance process, there are multiple mailings of documents and support materials to each party. After all the statements and supporting documents are submitted, the entire set of documents is sent to each of the three panel members. Notification of the judgment is sent to both parties and approximately four months later the case documents are sent to the PSA Office. The cost of postage is not always covered completely by the filing fee!

 

10.) WHAT IS THE BURDEN OF PROOF?

Burden of Proof shall be by clear and convincing evidence. Satisfaction of the standard will be shown where the truth of the facts asserted is highly probable, more than a fair preponderance of the evidence but less than proof beyond a reasonable doubt.