By The Women's Sports Foundation
Published: June 23, 2004
Amateur Sports Act and the United States Olympic Committee (USOC)
The Amateur Sports Act of 1978 set up the governance structure for amateur sports in this country. The U.S. Olympic Committee (USOC) is charged with governing amateur sports. The USOC, in turn, authorizes one national governing body (NGB) to govern each specific sport. (For example, U.S. Swimming governs swimming.) That includes making the rules, choosing teams for international competitions, certifying officials, running national championships, etc. They are also charged with developing the sport from the grassroots level through Olympic level. Thus, besides providing coverage to elite-level amateur athletes, the law applies to many amateur leagues and tournaments played in cities and towns across the United States. (Any competition sanctioned by a NGB is covered by this law -- thus an AAU swim meet sanctioned by USA Swimming is governed by the Amateur Sports Act.)
In 1999, at the urging of the Foundation and Senator Ted Stevens (R-Alaska), Congress amended the Amateur Sports Act. The amendment now requires the USOC to conduct a census every four years of baseline participation data and to include this data in its required USOC annual report to Congress. The participation of historically underrepresented groups must also be included in that report. This new component of the Amateur Sports Act is one of extreme importance for gender, racial and disability discrimination in sport. Requiring the USOC to break down the participation data on athletes, coaches and officials by race, gender and disability will shed light on the discrimination issue and will be the first step to fixing problems involving discrimination at the amateur athletic level. A copy of the Amateur Sports Act is available on the United States Olympic Committee's website (www.usoc.org).
The USOC is a member of the Olympic family. Olympic sports are governed internationally by the International Olympic Committee (IOC). There are two IOC members for each member country. IOC members are representatives of the IOC in their country, not representatives of their country to the IOC, and they are members for life. The sports governing bodies, NGBs, are members of the USOC. They are also members of their international sports federation.
Amateur Sports Act and Sex Discrimination
What the Law Says:
1. USOC to encourage women's sports
Section 104 (11) notes that the USOC's purposes include to "encourage and provide assistance to amateur athletic activities for women."
2. NGBs must provide equal opportunity
Section 201 (b) (6) notes that an amateur sports organization cannot be recognized as an NGB unless it "provides an equal opportunity to amateur athletes, coaches, trainers, managers, administrators and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, age, sex, or national origin, and with fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator or official before declaring such individual ineligible to participate."
3. NGBs must have women on their boards
Section 201 (b) (7) follows that by saying that an amateur sports organization cannot be recognized as an NGB unless it "is governed by a board of directors or other such governing board whose members are selected without regard to race, color, religion, national origin or sex, except that, in sports where there are separate male and female programs, it provides for reasonable representation of both males and females on such board of directors or other such governing board."
4. NGBs must provide equitable support for women
Sec. 202 (a) (6) says that a national governing body is under duty to "provide equitable support and encouragement for participation by women where separate programs for male and female athletes are conducted on a national basis."
5. USOC Census
The USOC must conduct a quadrennial census to gather baseline participation data and to report on the participation of historically underrepresented groups.
Amateur Sports Act and Due Process
Occasionally inquiries come into the Foundation regarding due process and the rights of women athletes under the Amateur Sports Act. One section of the Amateur Sports Act provides a guarantee of due process for all athletes.
NGBs must provide due process
Sec. 391 (b) (6) requires each national governing body to provide an amateur athlete with “fair notice and opportunity for a hearing (i.e.-due process) before declaring such individual ineligible to participate in amateur athletic competition.”
Athletes are often not given a fair hearing prior to having their eligibility taken away (for failing a drug test, failing a sex test, breaking team rules, clubbing a teammate in the knee, etc.). This is against the law, and we must help the athletes understand their rights. The elements of due process which athletes should be given include:
1. Notice of the specific charges or alleged violations in writing and possible consequences if the charges are found true
2. Reasonable time between receipt of the notice of charges and the hearing within which to prepare a reasonable defense
3. The right to have the hearing conducted at such a time and place so as to make it practicable for the person charged to attend
4. A hearing before a disinterested and impartial body of fact finders
5. Notice of identity of adverse witnesses provided in advance of the hearing
6. The right to be assisted in the presentation of one's case at the hearing, including the assistance of legal counsel, if desired
7. The right to call witnesses and present oral and written evidence and argument
8. The right to confront and cross-examine adverse witnesses
9. The right to have a record made of the hearing if desired
10. The burden of proof shall be on the proponent of the charge, of which the burden shall be at least a “preponderance of the evidence” unless the NGB requires or provides for a higher burden of proof
11. A written decision, with reasons based solely on the evidence of the record, handed down in a timely fashion
12. Written notice of appeal procedures, if the decision is adverse to the person charged and prompt and fair adjudication of the appeal
What the Women's Sports Foundation Can Do for You:
1. Offer guidance in launching a political campaign
2. Legal referrals
3. Athletes' Advisory Council:
The USOC has an Athletes Advisory Council made up of several elite-level athletes representing the interests of all amateur athletes before the USOC. This council is willing to present particular situations before the USOC and demand for solutions.
To access a copy of the Ted Stevens Amateur Sports Act visit www.usoc.org and click on “Documents & Public Notices.”