Battle wrote:AlwaysImprove wrote:Battle wrote:By denying these athletes the opportunity to qualify for selection for the National Team, ASA violates the basic rights of these athletes, who are scrupulously protected by the USOC, Section 9.1 of the Bylaws.
ASA’s policy also violates the USOC’s requirements that ASA, as the designated NGB, designate a process for the fair selection of athletes. See Section 8.7(f) of USOC’s bylaws.
The bylaws were put in place to protect discrimination like gay rights, race, etc...Not to protect other sanctions.
Says you. The bylaws were put in place for a lot of reasons. I read 8.7 and do not see anything that indicates it is only about discrimination, gay rights, race etc. Good luck with your interpretation.
The intent as they pertain to the fair selection of athletes.
You must be reading a different document. I am reading this one.
http://www.teamusa.org/~/media/TeamUSA/Documents/Legal/2011%20NGB%20Best%20Practices%20Seminar/Effective%20Governance/USOC%20Bylaws.pdfIn particular in statements like 8.5:
c) develop a strategic plan that is capable of supporting athletes in achieving sustained competitive excellence, and growing the sport;
d) establish a written procedure, approved by the corporation, to fairly select athletes and team officials for the Olympic, Paralympic or Pan American Games teams, and, upon approval, timely disseminate such procedure to the athletes and team officials;
As far as (c), everyone can easily argue that excluding PGF athletes will definitely, without discussion, decrease competitive excellence.
As far as (d), you are mistaken to cast that as about race/religion etc. If it was even, in anyway shape or form about race/religion, they would have loved writing those terms into the rule.
I suspect this has come up for the USOC in the past. I suspect, no way, can the rule on the side of the organization that is trying to pigeon hole this for their own profit making. If they did, you would see one organization in every sport and that organization would be the only organization in the sport.