Section 10
Section 10
** Latest Blog about the continuing Resolution of the Section 10
The purpose of this page is to inform the public about our ongoing efforts to bring USA Wrestling into compliance with the Sports Act. We — along with many other decorated female wrestlers writing letters expressing their concerns — filed a Grievance with USA Wrestling on July 15, 2009.
On October 23, 2009, when our efforts to resolve the Grievance were stalled within USA Wrestling, we filed a Complaint with the USOC seeking to compel USA Wrestling to comply with the Sports Act under Section 10 of USOC Bylaws. At the USOC level, a Grievance is now called a Complaint, and, because it is filed under Section 10 of the USOC Bylaws, it is often referred to as a Section 10 Complaint.
We are excited and hopeful that there will soon be a resolution to the compliance issues that are harming our athletes and our sport. Thank you for your interest!
Read the full text of the Section 10 here: Section10-USAW.pdf
Below you can read:
•The latest news on the Section 10;
•A brief summary of the complaint, and;
•A brief timeline of events as they have occurred.
Summary ~ Section 10
In summary, the Section 10 Complaint states that USA Wrestling is in violation of five sections of the Sports Act.
The first non-compliance ground stated is that USA Wrestling treats their women’s wrestling program unequally from their men’s wrestling program in violation of the Sports Act’s assurance that female programs shall be provided equitable support and encouragement for female athlete participation.
The issues where the female program is treated inequitably from the men’s program include:
•Unequal application of formal sanctions across genders for similar actions;
•The number, caliber, performance, professional conduct, and compensation of coaching staff;
•Gender-specific policies limiting the freedom of athletes to utilize their optimal training environments;
•And disparate monetary incentives.
The Section 10 also lists four other grounds of USA Wrestling non-compliance with the Sports Act. They include failure to provide:
•equal opportunity to participate without discrimination on the basis of sex and due process before declaring an athlete ineligible to participate
•procedures for the prompt and equitable resolution of member grievances;
•reasonable female representation on governing boards; and
•to reasonably reflect the views of athletes in its policy decisions.
Read the full text of the Section 10 here: Section10-USAW.pdf
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The latest on the Section 10 at the USOC:
•The Claimants are preparing papers in opposition to the “Motion to Dismiss.” December 3, 2009: USOC Section 10 Hearing Panel issues an Order for both parties to proceed to mediation.
•December 8, 2009: USAW issues a Submittal to the USOC Hearing Panel challenging the basis upon which the Panel ordered mediation but signaling that it will comply with the Order and participate in mediation.
•January 11, 2010: Parties take part in an all-day mediation. A Settlement Agreement was reached where upon the completion of certain provisions of the Settlement Agreement, Claimants will move to dismiss the Section 10 Complaint on file with the USOC.
Ongoing History (Short Version)
•July 15, 2009: Grievance filed with USA Wrestling by the three Olympic Medalists in the sport of women’s wrestling.
•August 11, 2009: Informal conference call takes place between the Claimants and USA Wrestling
•September 16, 2009: Claimants send request for forward progress in Grievance resolution.
•September 17, 2009: USA Wrestling denies those requests and instead insists on a 3 month resolution delay. The delay imposed would be for USA Wrestling to conduct an “independent” panel review, except that the panel is not independent of USA Wrestling and it is unclear how the panel’s advisory opinion would lead to resolution of the noncompliance issues.
•September 23, 2009 and October 2, 2009: Claimants send 2 more requests for forward progress toward resolution.
•USA Wrestling denies both requests.
•October 16, 2009: Claimants send a request to be heard in front of the Board of USA Wrestling which is their right under USA Wrestling Bylaws. Claimants did not demand to be immediately heard but offered that the Board hearing could take place up to 7 weeks in the future.
•October 16, 2009: USA Wrestling refuses Claimants’ request.
•October 23, 2009: Claimants file a Section 10 Complaint with the USOC in hopes of getting a neutral tribunal to review the merits of the non-compliance issues.
•October 23, 2009: Claimants file a Section 10 Complaint with the USOC in hopes of getting a neutral tribunal to review the merits of the noncompliance issues.
•November 23, 2009: USA Wrestling filed their “Motion to Dismiss” with the USOC and Claimants began preparing papers in opposition to the “Motion to Dismiss.”