1. As a condition of membership, all member-participants in HA sanctioned trials or HA approved special events, affected in any manner whatsoever by a decision of the BOD or any person or committee authorized by the BOD to handle disciplinary matters, hereby releases the HA, their affiliated, related, or subsidiary companies, their officers, directors, and employees, any and all committee members jointly and severally, individually and in the official capacity, of and from any and all claims, demands, damages, and causes of action whatsoever, in law or equity, rising out of or in connection with any individual committees to whom disciplinary matters may be authorized by the BOD or by a Hearing Committee.

2. If any member institutes litigation in which the HA is included as a defendant, in an effort to recover damages, to overturn enforcement or interpretation of the Bylaws or Rules, or for any other reason whatsoever, and does not prevail in said litigation by the recovery of all relief requested, that member shall be liable to the HA for its attorney fees, costs of court, and other expenses incurred in connection with such litigation. Venue for any litigation which the HA is included as a defendant shall be determined by the BOD.

1. By virtue of their entry in any event in which one or more trials have been sanctioned by the USBCHA, the competitor acknowledges and agrees to comply with the HA rules and regulations, to accept any sanction or penalties that may be imposed in accordance with this Part IV for failure to comply, even if the competitor is not a USBCHA member or is not competing in a class or trial sanctioned by the USBCHA. The trial host and judge share in the responsibility for maintaining the USBCHA standards of conduct.

2. Participants in USBCHA sanctioned events are expected to show a positive, respectful attitude for everyone involved. Disrespect for the judge, trial officials, and other handlers undermines the sport. The USBCHA will not tolerate conduct that is detrimental to the association, the competition, the dogs, or any participant in the trial. Such conduct includes, but is not limited to: harassment or belittling of the judge or trial officials, physical violence or the threat of physical violence toward anyone at any time at the site of the trial or at any event associated with the trial, and verbal abuse directed toward anyone at any time at the site of the trial or at any event associated with the trial.

3. Members or participants in USBCHA sanctioned events may be sanctioned for a violation of any USBCHA Bylaw or Rule. Specific rules and sanctions are set forth in Section E of this Part IV but nothing in Section E is meant to limit the authority of the BOD to find a violation and impose discipline for a violation of any other rule of the USBCHA.

4. Nothing in these rules prohibits a Judge or trial host from taking immediate action for observed misconduct. Similarly, a grievance may be filed and action taken by the BOD even if the Judge and/or trial host took no immediate action for observed misconduct. For example, the Judge or trial official may or may not immediately disqualify the handler for improper training, abuse or other rule violations. Whether or not a member was disqualified at the time, a subsequent complaint may be filed and the Board may still impose sanctions.

5. Definitions:

a. Protest: A protest is a complaint against any trial official or Judge, alleging the erroneous application of the rules during the course of a HA sanctioned trial or the incorrect award of any prize. Protests based on what are generally considered a judgment call by a Judge will not be considered. A protest may only be made by USBCHA members who were in good standing at the time of the alleged rule violation.

b. Complaint: A complaint is a formal concern regarding any violation of any USBCHA Bylaw or Rule. A member, non-member, or judge may file a complaint for any alleged rule violation, but the complainant must have first-hand knowledge of the conduct alleged. An event host may also submit a complaint if the host has received complaints that can be verified by at least one witness signature.

c. Complainant: The complainant is the individual(s) who files either a protest or complaint.

d. Respondent: The respondent is the member against whom a protest of complaint is lodged.

e. Conflict of Interest: Any person who files a grievance or is the subject of a grievance to the alleged conduct is considered an interested party and may not participate in the investigation (other than as a witness) or in the decision-making by either the committee or the BOD. If a member of the BOD is an interested party, they shall recuse themselves from all deliberation and shall not be included in any communications concerning the grievance. The President or the Grievance Committee may raise and rule on any other conflict of interest or perceived conflict of interest that may exist.

f. HA: refers to the “Handlers’ Association” and both terms are short for USBCHA (United States Border Collie Handlers’ Association.

g. BOD or “Board”: USBCHA Board of Directors.

1. Any person desiring to file a grievance (protest or complaint) regarding any alleged violation of these rules may do so by submitting the grievance in writing to the HA President either directly or through HA Secretary’s office. The requirements of this
paragraph must be met for a grievance to be considered. Failure to meet the requirements will result in dismissal of the protest or complaint.

a. A grievance may consist of either a letter or email directed to the President or Secretary of the HA dated within 14 days of the alleged violation or the closing of
the trial involved, whichever is later. Protests or complaints not filed within 14 days will be dismissed and no extensions shall be granted.

b. The grievance must state the name of the complainant, contact information (including email), name of individual(s) involved and their contact information, the date and time, and location of the conduct in question, any witnesses and their
contact information, and a detailed factual description of the incident. If there are no known witnesses other than the parties, the complainant must so state in the complaint /protest.

c. A one hundred dollar ($100.00) filing fee.22 If the protest or complaint is sent by email, the check must be postmarked and sent to the Secretary within 5 days of the email or letter sent pursuant to subsection (a) of this paragraph. Failure to meet this deadline will result in dismissal.

2. Upon receipt of a grievance, the President shall notify the respondent(s) in writing (email or mail) of the grievance against them and shall provide the respondent with a copy of the materials submitted by the Complainant. Respondent shall have 10 days to submit a written response to the President. The response should be sent by mail or email to the President or as otherwise directed by the President and should comply with paragraph 1(b) of this Section.

3. Time limits stated in days exclude the day of the event that triggers the time period and includes every day (weekends and holidays), ending on the last day of the period. (For example, 10 days commences the day following the event or end of trial as specified and ends on the 10th day.)

4. Every notice required by these rules may be served by delivering a copy of the notice to the person to be served, or the person’s attorney, either in person or by email, or first-class mail to the address set forth in the grievance or, if none, to the last known address as it appears on the HA records. Such notice shall be deemed received by such person when it is deposited in the United States mail or sent electronically.

5. Videos may NOT be used in review of runs when a grievance is filed. This does not limit the use of videos in the review of other conduct or activity that is the subject of a grievance.

1. Unless otherwise specifically provided in these rules, all grievances will be handled according to the procedures set forth in this Section D. Unless otherwise specifically stated in a particular subsection, the process for handling both protests and complaints shall be the same.

2. The President shall refer a properly filed grievance to the HA Grievance Committee. The President has the authority to appoint additional members to the committee from the HA membership or BOD. Committee members must be members of the HA in good standing.

3. Upon receipt of the Grievance and Response in accordance with subparagraph C above, the President and Committee Chair shall decide if the matter should first be referred to mediation. If determined that mediation is appropriate, the following procedure will be implemented:

a. The President shall provide the parties with the names of all Grievance Committee members and each party shall designate three members as proposed mediators. This will be a “blind” selection and the parties will not know whom the other party chooses. If the parties select at least one member in common, that member shall be appointed as the mediator. If there is no common selection, the President and Chair shall appoint a mediator.

b. The mediator, in consultation with the Chair, shall determine a date by which mediation must be completed.

c. If mediation is not successful, the President shall initiate review pursuant to paragraph 4 of this section.

d. The President may change deadlines upon a finding of good cause and as necessary to allow for mediation.

4. The Grievance Committee shall initiate review of the protest or complaint within 14 days of receipt of the grievance from the President. The committee shall promptly notify the parties that they may be heard, in person or by counsel, and may present evidence in their own behalf and refute evidence offered against them. This may be done through the course of the investigation as outlined in paragraph 5, and it is acceptable for the committee or its investigators to meet with the parties by means of a telephone conference call, followed by a written report or recorded statement.

5. The Grievance Committee may delegate two or more members to be the primary investigators of any grievance. The committee shall develop and follow a protocol for the review of all grievances. Such protocol must include the following:

a. A telephone call to the complainant(s) to obtain additional information about the grievance. The designated primary investigators shall make notes of the call to share with the rest of the committee.

b. A telephone call to the respondent(s) to obtain additional information about the response to the grievance. The designated primary investigators shall make notes of the call to share with the rest of the committee.

c. The Committee shall ask the parties for witnesses to the alleged conduct. All necessary witnesses will be contacted and asked to provide either written statement of their observations of the incident or shall be interviewed by the investigator(s).

d. All interviews, whether in person or telephonic shall be conducted by at least two members of the Committee.

6. The assigned investigators shall prepare a brief written report to submit to the Committee for its initial determination. The Committee shall meet (electronically or telephonically) to discuss the preliminary findings, modify the report and recommend a decision to the BOD. If the Committee has not assigned investigators to the grievance, the Committee chair or designee will prepare the preliminary report.

7. The committee shall complete the investigation within 30 days of initiation of the investigation. The committee may request an extension of time from the President upon a showing of good reason for additional time.

8. Details of all grievances under these rules and the decision reached by the committee shall be reported to the complete BOD in the form of a Report and Recommended Decision for review and action by the BOD, along with copies of all notes containing the statements of respondent, complainant, and all witnesses. A majority decision of the committee is required to forward the Recommended Decision to the BOD. 

1. The BOD shall decide on the committee’s report within 14 days of receipt. The President will grant an extension of time if the BOD requires further investigation of the grievance or if the President determines that there is good reason to grant additional time for the BOD’s review. If the BOD fails to act with the time provided, the committee’s Report and Recommendation shall become the final action of the BOD.

2. The BOD may adopt the committee’s report in whole or in part as its final action, refer it back to the committee for further investigation or take any other action consistent with the rules.

3. The BOD may request that the complainant and respondent “appear” by telephone before the Board.

4. Ten (10) members of the BOD shall constitute a quorum for the purposes of disciplinary action.

5. The decision of the BOD shall be final and binding on all parties.

6. The Board’s decision on any grievance shall be recorded and filed with the committee’s report and the Secretary shall maintain a log of all discipline. The Board is expected to review this log and use it as it endeavors to be consistent in discipline and to ensure that the sanction imposed is proportionate to the offense.

7. Deposit refunds:

a. If the committee determines, after investigation, that there are grounds for possible disciplinary action the $100.00 will be returned to the complainant.

b. If the Hearing Committee determines, after investigation, that no further action is warranted, the complainant will be notified and no further action will be taken. In this case the $100.00 will not be returned to complainant.

1. Fines and Suspension

a. Any member or non-member may be disciplined, placed on probation, fined, or suspended from all HA privileges whenever it shall have been established by a preponderance of the evidence that such member, or nonmember, has been found to have violated the stated rule or rules. Except as may be specifically provided in these Rules, a fine shall not exceed $500 and a suspension shall not exceed 1 year.

b. When the rule in question contains a specific punishment provision, any disciplinary action recommended by the committee must be consistent with that provision. Upon finding good reason to do so, the committee may recommend and the Board may impose a punishment different from the one specifically provided in the Rule.

c. If no specific penalty is provided in the subsections below, the committee may recommend a penalty and the BOD may impose a penalty that is proportionate to the offense.

d. The BOD may also require any member to whom a prize has been paid or delivered to return the same. The member shall be bound to do so within the time fixed by the BOD.

2. Misconduct: The following provisions regarding misconduct at or in conjunction with a HA sanctioned trial, while not all-inclusive, are to be considered as violations of these rules.

a. Attempting to fix, bribe, influence, intimidate or argue with the judge, trial secretary, timekeeper, course director, or any other trial official may result in disqualification at that trial, will result in a minimum fine of $100, and/or a minimum of thirty (30) day suspension. This provision does not preclude a participant from properly contacting the course director or other trial official to clarify a rule or the accuracy of a score sheet. (Ex. A handler may ask the course director to have the score rechecked for a mathematical error). When reviewing grievances against judges and against handlers who talk about scores and judging, the Disciplinary Committee and BOD should distinguish normal comment and criticism from intimidation and harassment. Review of such grievances should also take into account whether the conduct in question was distracting to the judge, trial officials or other handlers.

b. A judge shall not intimidate, or attempt to intimidate, a contestant. The penalty for violating this subsection will be a minimum fine of $100, and/or a minimum of thirty (30) day suspension from the Association.

c. Consuming or bringing alcoholic beverages into the judge’s stand while a HA sanctioned trial is taking place.

d. Altering or attempting to alter the draw will result in disqualification at that trial and a fine of $25–$250. This rule does not preclude a trial official from accommodating handlers as necessary for the conduct of the trial or for unforeseen circumstances.

e. Tampering with competition livestock will result in disqualification for the remainder of that trial and will be subject to a fine of $25–$250.

f. Unsportsmanlike conduct. The severity of the unsportsmanlike act will determine the severity of the resulting disciplinary action.

g. Fighting on the trial site—immediate expulsion from the trial. The BOD may impose further sanctions.

h. Threatening or actually inflicting bodily harm or injury to another person based upon that person’s actions, conduct, or decisions in any official capacity for the HA or for any HA approved or sponsored event shall call for suspension for one (1) year.

i. Using abusive language on the trial field.

j. Attempting to aid or distract another competitor while they are competing may result in immediate disqualification in that trial, suspension, or fine as the committee may decide.

k. Behaving in a manner discrediting to the HA.

l. Participating in training activities while on the trial grounds other than in designated areas is prohibited.

m. Inhumane treatment of dog or stock on the trial field or grounds.

n. If trial management discovers inhumane treatment to dog or livestock, they may bar the responsible party from further participation in the trial. The decision as to inhumane treatment of animals may be based on the consultation with a veterinarian. If trial management determines, in its sole discretion, that the welfare of the animal requires immediate action and a veterinarian is not available, trial management may take any action that they deem appropriate to ensure the safety and well-being of the animal(s). If trial management deems on field behavior to be inhumane treatment during a competition, trial management may consult with the judge of the trial before taking any action allowed by this Section. If any action is taken, within 10 days of the completion of the trial, the trial officials shall notify the President or Secretary of the HA of the details of the occurrence and the matter shall be referred to the Grievance Committee to consider disciplinary action against the responsible party. Notification of the conduct and action taken shall constitute a complaint under this Section.

3. Warnings: The following provisions identify conduct that should be avoided. While not generally subject to discipline, the following items (and others as determined by the Board) may warrant a warning and, if the circumstances are egregious or interfere with the judge or a handler, may be subject to discipline at the discretion of the BOD.

4. Failure to make payments due:

a. Trial organizers, or producers may be suspended for any of the aforementioned offenses and, in addition, any of the following offenses:

i. Failure to make payment due

ii. Failure to pay added money as advertised.

iii. Leaving bad debts in any town connected with the production of a USBCHA sanctioned trial.

iv. Failure to pay sanctioning fee.

b. Any member or non-member may be fined, placed on probation, or suspended, from all HA privileges for failure to pay any obligation owing to the HA or for giving a worthless check for entry fees, office charges, stock charges, premiums, or any other fees or charges connected with the exhibition of herding dogs, provided however, that this person (member or non-member) shall be given twenty one (21) days written notice of the amount due and the intention of the HA to fine, place on probation or suspend. Any suspension under this rule shall terminate upon full payment of the obligation due the HA.

c. Any member or non-member passing a bad check or checks at a HA sanctioned trial or event which would affect the image or benefit of the local trial management will be fined $25 for each such check and must make check good for first offense; second offence, member shall be fined $100; third offense, member will be suspended and must appear before the Disciplinary Committee for reinstatement AFTER restitution of check or checks has been made and payment of a fine of $100.

5. Penalty enhancement: The BOD may enhance the stated sanction set forth in these rules by increasing the suspension and/or penalty for repeat offenders of HA rules and regulations to a maximum of indefinite suspension of membership privileges and/or fine up to $1,000.

6. Effect of Membership Suspension: During a BOD imposed suspension, the suspended party shall be ineligible to participate in any HA sanctioned event, shall be ineligible to judge a HA sanctioned event, and may not host a HA sanctioned trial. Suspension does not preclude the suspended party from entering a HA sanctioned trial that is scheduled after the termination of suspension. During the period of a suspension, failure to comply with these restrictions and any other express conditions or restrictions of any disciplinary action may constitute grounds for further disciplinary action.

7. Publication: When the BOD has ruled on a complaint and disciplinary action has been taken against a member, or non-member, the person’s name, the rule violated, and the disciplinary action taken shall be published on the USBCHA website. Suspensions will remain published through the expiration of the suspension. Fines and warnings shall be published for a period of one month from publication date.

1. The President may call a special meeting of the BOD at any time or place or by telephone conference call where at least seven (7) directors are present to consider emergencies such as alleged rule violations of such magnitude as to appear to be detrimental to the best interests of the HA or to its practices, policies and/or objectives. A vote of at least five (5) Directors shall be binding for motions passed during any such special BOD meeting.