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By-Laws for Missouri Valley Swimming
Articles 1 through 3
Article 1 -- Name, Objectives, Boundaries, Jurisdiction
1.1 NAME - The name of the Corporation shall be Missouri Valley Swimming, Inc., which shall be referred to in these By-Laws as "MVS".
1.2 OBJECTIVES - The objective and primary purpose of MVS shall be the education, instruction and training of individuals to develop and improve their capabilities in the sport of swimming. MVS shall promote swimming for the benefit of swimmers of all ages and abilities, in accordance with the standards, rules, regulations, policies and procedures of Federation Internationale de Natation Amateur (FINA), United States Swimming, Inc. (USAS), and MVS and its Articles of
Incorporation.
1.3 GEOGRAPHIC TERRITORY (subject to revision by USAS at September 2004 General Convention) - The geographic territory of MVS consists of the State of Kansas and that portion of the western part of the State of Missouri including, and bounded by, the counties of Schuyler, Adair, Macon, Randolph, Audrain, Callaway, Cole, Moniteau, Morgan, Benton, Hickory, Polk, Greene, Christian, and Taney, and the Burlington and Wray Swim Teams in Kit Carson County in Colorado, and the County
of Texas in the State of Oklahoma and the County of Hansford in the State of Texas.
1.4 JURISDICTION - MVS shall have jurisdiction over the sport of swimming as delegated to it as a Local Swimming Committee by USAS to conduct swimming programs consistent with MVS's objectives and those of USAS and to sanction, approve, oversee and conduct competitive swimming events within its territory, its Region and its Zone (as those terms are defined in Part S of USAS Regulations). MVS shall discharge faithfully its duties and obligations as a Local Swimming Committee of
USAS in accordance with these By-Laws, the USAS Code and all applicable policies and procedures.
2.1 TYPES -- The membership of MVS shall consist of the following:
2.1.1 GROUP MEMBERS -- Group members are organizations operating in the territory which have, upon application, been granted membership in MVS and paid the fees established by MVS pursuant to Article 3. An organization may be denied membership by the MVS Board of Directors for any reason for which a Group Membership could be terminated, subject to appeal to the Board of Review.
(a) Club Members - A club member is an organization which is in good standing as a Group Member of MVS and USAS, has athletes and coaches and participates in the sport of swimming. All athletes and coaches of the organization must be Individual Members in good standing with MVS and USAS.
(b) Affiliated Group Members - An Affiliated Group Member is an organization which supports the sport of swimming and the objectives and programs of MVS and USAS, which is in good standing as a Group Member of MVS and USAS, but which does not have athletes and coaches who are Individual Members of MVS and USAS.
(c) Seasonal Club Members - A Seasonal Club Member is an organization which has joined MVS and USAS for one or two non-overlapping periods not exceeding 150 days in total in a calendar year and is in good standing as a Group Member of MVS and USAS. All Seasonal Club Member coaches must be Coach Members in good standing with MVS and USAS. All athlete members of seasonal clubs must be Seasonal Athletes or Athlete Members in good standing with MVS and USAS.
2.1.2 INDIVIDUAL MEMBERS - Individual Members are individuals participating in the sport of swimming in the territory who have, upon registration, been granted membership in USAS and MVS and paid the dues established by MVS pursuant to Article 3. An individual may be denied membership by the MVS Board of Directors for failure to satisfy the criteria for membership or for any reason for which an Individual Membership could be terminated. Any denial of membership may be
appealed to the Board of Review
(a) Athlete Members - An Athlete Member is an individual, other than a seasonal Athlete Member, who participates or competes in the sport of swimming and is in good standing as an Individual Member of MVS and USAS.
(b) Seasonal Athlete Members - A Seasonal Athlete Member is an individual who participates or competes in the sport of swimming and has joined for one or two non-overlapping periods of time not longer than 150 days each in a calendar year and is in good standing as an Individual Member of MVS and USAS. Seasonal Athlete Members may represent Club Members or Seasonal Club Members in competitions sanctioned by MVS and USAS which occur during the time period(s) of their
membership.
(c) Coach Members - A Coach Member is an individual, whether affiliated or not affiliated with a Group Member, who has satisfactorily completed all safety and other training required by MVS and/or USAS and who is in good standing as an Individual Member of MVS and USAS. Any individual desiring to act in any coaching capacity at any competition sanctioned by MVS or USAS must be a Coach Member in good standing with MVS and USAS.
(d) Active Individual Members - An Active Individual Member is an individual other than a Coach Member or an Athlete Member who is a trainer, manager, official, meet director, marshal, Board Member, officer, committee chair or coordinator of MVS or a Group Member Representative or alternate and any other individual desiring to participate in the sport of swimming and is in good standing as an Individual Member of USAS and MVS.
(e) Life Members - A Life Member is an individual who is a life member of USAS and who resides, formerly resided or participated in the sport of swimming in the Territory and who is in good standing as a member of MVS and USAS. Life Members in good standing shall have a voice but no vote in the House of Delegates.
2.1.3 MEMBERSHIP A PRIVILEGE NOT A RIGHT - Membership in MVS and USAS is a privilege and shall not be interpreted as a right. Membership, (including Life Membership), may be terminated by the Board of Review or National Board of Review for any violation of a member's responsibilities established pursuant to Section 2.2, for any of the reasons set forth in Section 11.4.7(c) or for any other reason determined by the Board of Review to be in the best interests of the sport of
swimming, USAS or MVS. Status as a Group or Individual Member is subject to the Member's continued satisfaction of the criteria for membership compliance with the member's responsibilities under these By-Laws, the USAS Code, the rules, regulations, policies and procedures of MVS and USAS and may be terminated by a decision of the Board of Review or the National Board of Review. Individual and Group Members in good standing shall be entitled to participate in the program of swimming
conducted by, and competitions sanctioned or approved by, MVS and USAS in accord with Section 10.1.
2.2 MEMBER'S RESPONSIBILITIES
2.2.1 COMPLIANCE -- Each member of MVS shall abide by the policies, procedures, rules and regulations adopted by FINA, USAS and MVS, including its responsibilities as set forth in these By-Laws, and shall not take, or allow to be taken, and action of which could bring the sport of swimming, MVS or USAS into disrepute. By applying for and accepting membership in MVS and USAS, each Individual Member shall be representing that he or she has never been convicted of a crime involving
moral turpitude or endangering a minor and that she or he has never acted in a manner which may bring into disrepute MVS, USAS or the sport of swimming.
2.2.2 RESPONSIBILITY FOR INFRACTIONS -- A Group Member may be held responsible for infractions of the policies, procedures, rules or regulations adopted by FINA, USAS or MVS, including its responsibilities as set forth in these By-Laws, committed by its members or representatives, coaches, or athletes who are competing as its representatives or are competing with the Group Members as unattached swimmers or by a person instigated by the Group Member or with whom the Group Member
conspired to commit, or caused to be committed, or allowed to happen. Any Individual Member of USAS and MVS may be held responsible for any infractions committed, or caused to be committed, or allowed to happen by the Individual Member or by a person instigated by the Individual Member
2.2.3 CLUB SAFETY COORDINATOR -- Each Club Member shall appoint a club safety coordinator who shall be an Active Individual Member of USAS and MVS ("Club Safety Coordinator"). The Club Safety Coordinator shall be responsible for disseminating safety education information received from USAS and MVS to the Club Member's Athletes, coaches, and other members and shall make recommendations to the Club Member concerning safety policy and its implementation. The Club Safety
Coordinator shall make reports as requested by MVS's Safety Coordinator.
2.2.4 ATTENDANCE AT ANNUAL MEETINGS -- Each Club Member shall have at least one Group Member Representative in attendance at the Annual and Regular Meetings of the House of Delegates, specified in Section 4.6 of these By-Laws. The failure of any Club Member to have a Group Member representative at two consecutive Annual and Regular Meetings shall be cause for termination of such Club Member membership by the MVS Board of Directors.
3.1 CLUB MEMBERS -- Every Club Member and Seasonal Club Member of MVS shall pay to MVS an annual or seasonal fee consisting of the national club fee established by USAS and a local club fee established by MVS, together with any other charges, fees, etc. as may be established by MVS. Separate fees may be established for Club Members and Seasonal Club Members.
3.2 AFFILIATED GROUP MEMBERS -- The Board of Directors shall establish the annual fees and any other charges, fees, etc., for Affiliated Group Members of MVS.
3.3 ATHLETES -- Each Athlete Member and Seasonal Athlete Member shall pay to MVS an annual or seasonal fee established by MVS and USAS consisting of a national fee established by USAS and a local fee established by MVS, together with any other charges, fees, etc. as may be established by MVS.
3.4 COACHES -- Each Coach Member shall pay to MVS an annual fee established by MVS and USAS consisting of a national fee established by USAS and a local fee established by MVS, together with any other charges, fees, etc. as may be established by MVS.
3.5 ACTIVE INDIVIDUAL MEMBERS -- Each Active Individual Member shall pay MVS an annual fee established by MVS and USAS consisting of a national fee established by USAS and a local fee established by MVS, together with any other charges, fees, etc. as may be established by MVS.
3.6 LIFE MEMBERS - The Board of Directors shall establish the annual or other membership fees, if any, and any other charges, fees, etc., for Life Members.
3.7 SANCTION
3.7.1 Sanction Fees -- The Board of Directors shall establish reasonable fees and forms of documentation required for a sanction or approval for a swimming competition to be conducted within the Territory. Each applicant for a sanction or approval shall submit with its application these sanction fees and an agreement to pay applicable service charges.
3.7.2 Service Charges -- In addition to, or in place of, a sanction fee, the Board of Directors may establish a reasonable service charge consistent with the nature of the event. The service charge may be a flat amount, an amount related to the number of events swum, the number of individual swims of the number of athletes entered, a percentage of the receipts or profits or a combination thereof.
3.7.3 Payment -- Each applicant for a sanction, approval or observation shall submit the required sanction fee and any service charges specified by MVS. In any sanction or approval fees or service charges are due at the time of an applicant's submission for sanction or approval, the applicant shall promptly pay those fees or service charges to MVS when due in accordance with MVS's fee schedule.
3.8 FAILURE TO PAY
3.8.1 Group, Coach, and Active Individual Member Obligations -- The failure of a Group Member, Coach Member, or Active Individual Member of MVS to pay dues, fees, service charges, fines or penalties imposed by MVS or USAS, within the time prescribed, as evidenced by a final decision of the Board of Review or the National Board of Review or by a court of law, shall (a) preclude the delinquent or offending member from participating in events sanctioned or approved by MVS or USAS,
(b) having representation, or voting privileges at any House of Delegates, Board of Directors or committee meeting (c) serving in any capacity as an officer or committee chair or member or (d) serving as a coach, manager or trainer with a Club Member or a Seasonal Club Member.
3.8.2 Meet Sanctions Withheld - Failure of a Group Member to pay dues, fees, service, fines or penalties within 21 days of the final day of a USAS or MVS Sanctioned event or activity shall result in sanctions for subsequent events being withheld until such time as all fees or dues are paid or excused, or the payment time has been extended in writing by the sanctioning authority.
3.8.3 Athlete Member Obligations -- An Athlete Member, or Seasonal Athlete Member, who has not satisfied his financial obligations to USAS, MVS or his former Local Swimming Committee, within the time prescribed, as evidenced by a final decision of the Board of Review, the National Board of Review or by a court of law, shall not (a) compete in any competition sanctioned or approved by MVS, any other Local Swimming Committee or USAS, (b) participate in any capacity in the affairs
of MVS, any other Local Swimming Committee or USAS and (c) join any other Local Swimming Committee and USAS or join any other USAS or Local Swimming Committee group member.
3.8.4 Individual/Club Obligations -- If a Club Member, or Seasonal Club Member, has secured a final court judgment or final Board of Review or National Board of Review decision against one of its Individual Members for non-payment of financial obligations, then until the decision of judgment is satisfied the Individual Member shall not (a) compete in any competition sanctioned or approved by the Corporation, any other Local Swimming Committee or USAS, (b) participate in any
capacity in the affairs of MVS, any other Local Swimming Committee or USAS and (c) join any other Local Swimming Committee and USAS or join any other USAS or Local Swimming Committee group member.
3.8.5 Individual Member Obligations -- If an Individual Member has secured a final court judgment or a final Board of Review or National Board of Review decision against a Club Member for non-payment of financial obligations (such as a refund of training fees) to the Individual Member, then until the decision or judgment is satisfied, the delinquent or offending Club Member shall be precluded from (a) participating in events sanctioned or approved by MVS or USAS and (b)
participating in any capacity in the affairs of USAS, MVS or any other LSC, including being represented in the House of Delegates by its Group Member Representative.
3.8.6 Continued Non-Payment of Obligations -- Continued failure to pay, within a reasonable period of time, as determined by the Board of Directors, the House of Delegates, the Board of Review or the National Board of Review shall be cause for termination of membership.
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