Bylaws | Tuslaw FBall Cheer

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

I. Name and Affiliation

The organization shall be called Tuslaw Junior Football & Cheer (TJFC) and will be referred to as TJFC in the rest of this document. TJFC is recognized as a 501(c)(3) and will operate according to all rules and regulations put forth by the Ohio Secretary of State and the Federal Internal Revenue Service. TJFC is associated with the Stark CountyCommunity Youth Football League. The calendar year referenced in this document will be recognized as January 1st through December 31st.

Anything that is not covered in these Bylaws is governed by the affiliated league rules. In cases where clarification remains necessary, a TJFC Board of Directors Member or Officer should be contacted.

II. Mission

Tuslaw Junior Football & Cheer (TJFC) is a non-profit organization aimed at giving the youth (grades 1-6) of our community (i.e., Tuslaw students and those whose family reside within the Tuslaw School District) a chance to participate in a youth football and cheerleading program.

Our focus is on helping our youth build character, sportsmanship, self-confidence and learn responsibility & teamwork in a competitive environment while gaining a strong sense of community.

Our goal is to teach the fundamentals of football and cheerleading in an atmosphere where fun is the key word in fundamental, while fueling future participation and success of our middle and high school athletic programs.

III. Conduct

At all times adults involved with the TJFC will conduct themselves in an orderly manner. At all times shall the adults working with the football and cheer participants be mindful of the language, both verbal and nonverbal, that is used around the children. UNDER NO CIRCUMSTANCES shall an adult show unsportsmanlike conduct. Adults are expected to exhibit responsible guidance in order to represent being positive role models to the children. The above also pertains to players. Sportsmanlike conduct shall be maintained. The head coach and assistant coaches shall stay in control.

IV. Indemnification

TJFC shall at all times (both during and after the term hereof) indemnify and hold harmless TJFC Board of Directors members, officers, trustees, head coaches, agents, employees, assistant coaches, and volunteers (referred to individually and collectively as the TJFC governing body) from any and all settlements, losses, liabilities, demands, suites, judgments, causes of action and all legal proceedings, and any costs or expenses in connection therewith, damages, fines, attorney fees, and all other expenses relating to arising from any and all claims whether or not groundless of every nature or character including, but without limitation, claims of breach of duty, act of omission, personal injury, death, and damage to property. The provisions of this Agreement are severable, and if any part of it is found to be unenforceable, the other terms shall remain valid and enforceable.

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

V. Articles of incorporation of the organization

A. Organization is arranged exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. B. The “Articles of Incorporation” of the organization include:

1. By-Laws of Organization.

2. Secretary of State of Ohio Certificate (or articles of incorporation filed

with the Ohio Secretary of State.

C. Upon the dissolution of organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state of local government, for a public purpose. Any such assets not disposed of, shall be disposed of by the Court of Common Pleas of the county in which the principal office is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

VI. Membership

Membership of this organization shall include:

A. Any parent, grandparent, legal guardian that has registered a child to participate in any TJFC program for the current year.

B. Any person that is a current member of the Board of Directors.

VII. Board of Directors

TJFC will be governed by a Board of Directors consisting of eleven (11) members of the community who will be nominated and elected by the Board of Directors during the first meeting of the calendar year.

TJFC shall have the following Officer positions: President, Vice President, (2) Co-Treasurers, Secretary.

TJFC shall have the following Committee positions: Cheer Advisor, Concessions Manager, Tackle Football Advisor, Flag Football Advisor, Fundraising Coordinator and Web Coordinator.

A. Those elected will take office immediately following the first meeting of the calendar year. B. Each Officer member will serve a two (2) year term.

C. Each Committee member will serve a (1) year term.

D. Each member will be eligible for re-election.

E. The Board of Directors shall be required to submit to a background check.

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

VIII. Duties of the Board

The Board of Directors shall have full authority and discretion to establish all policies and guidelines, set budgets, and implement the ongoing business of the TJFC consistent with the Bylaws. Without limiting the generality of the foregoing, the Board of Directors shall have the power to:

A. Purchase or otherwise acquire for the TJFC any property, right or

privilege which the TJFC is authorized to acquire, by the price of

consideration and upon such terms as Board of Directors may deem

appropriate.

B. Appoint, remove, or suspend volunteers and to determine their duties

determine the composition of a sub-committee to deal with the particulars of any activities.

C. Delegate the powers of the Board of Directors to any agent of the TJFC with any powers as the Board of Directors may see fit to grant, suspend,

discharge, bar, or otherwise discipline any member, officer, head coach,

assistant coach, player, parent, as well as other related people as needed

without refund, whose conduct is considered detrimental to the best

interests of the TJFC.

D. Set registration and sponsorship fees.

IX. Board of Directors Officer Duties

TJFC shall have the following Officer positions: President, Vice President, (2) Co-Treasurers, and Secretary. The duties are as follows:

A. President -

1. Attends all meetings.

2. Presides over meetings.

3. Checks in with the Treasurer and Secretary for all expenditures and correspondence. 4. Delegates Commissioners for affiliated leagues.

5. Attends all affiliated league meetings

B. Vice President -

1. Attends all meetings.

2. Preside over all meetings in the absence of the President.

3. Attends affiliated league meetings when necessary

C. Co-Treasurers -

1. Attends all meetings.

2. Gives financial updates at meetings.

3. Upon request, provides full financial reports, including monthly bank statements, and a summary of outstanding assets and liabilities.

4. Collects and deposits all money from registrations, fundraisers, and anything else the TJFC is involved with financially.

5. Keeps receipts for all expenditures incurred.

6. Maintains league insurance.

7. Completes all required Federal and State registrations and tax filing responsibilities.

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

D. Secretary -

1. Attends all meetings.

2. Takes roll call and minutes at all meetings.

3. Handles all communications including all notices to be sent to Board of Directors of Director members, head coaches, assistant coaches, and others as needed. 4. Records, maintains, and holds background checks of all Board of Directors of Director members, head coaches, and assistant coaches yearly. These will be held indefinitely. 5. Maintains website, email, and social media sites/updates.

6. Coordinates all registration activities.

E. Committee -

1. Manages all duties expected of their responsibilities.

2. Fills in where and when needed.

X. Vacancies

If any Board of Directors position becomes vacant:

A. Should position become vacant 3 months or less before the end of the Board of Directors term, vacant position will be filled as per regular terms.

B. Should position become available >3 months before term ends, the Board of Directors will hold a special nomination session for the vacant position.

C. Voting on the vacant position will occur after the nominations have been

made.

D. Nominations and voting will occur within the next 2 scheduled meetings.

E. The new Board of Directors member will finish remainder of the term of the position that was vacant.

If at any time during the term years, there are 3 people or less on the Board of Directors (either by removal, voluntarily leaving, or any other means):

A. An emergency session to elect new Board of Directors members is required to be called.

1. Emergency sessions can be called by any remaining Board of Directors Member or any of the Head coaches during TJFC Board of Directors year.

2. Emergency sessions must be held within 60 days of when the session is

called.

XI. Voting

A quorum for conducting all business, except as specifically otherwise set forth shall be at least 51% of the Board of Directors.

XII. Meetings

The President shall schedule meetings on as needed basis. Board of Directors meetings will be posted online and available to for the public to attend. The President will establish an agenda for each meeting with direct input from the Board of Directors. Future meeting dates or frequencies will be determined prior to the closure of each meeting.

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

XIII. Special meetings

Special meetings may be called by the President when special circumstances warrant the need for additional meetings.

A. The Board of Directors may convene in executive session to discuss or

resolve such matters.

B. The executive session is to be handled in a confidential manner.

C. Any Board of Directors member who does not abide by this policy can and

may be removed from their position.

XIV. Removal or Dismissal from the Board of Directors

If at any time a Board of Directors member or Officer of TJFC hinders the organization, a Board of Directors meeting shall be called. That member will be advised of the problem and given an opportunity to defend themselves. If the problem persists that member shall be asked to resign.

The Board of Directors, at its discretion, may remove any Board of Directors Member upon the affirmative majority vote of the full Board. In the event there is not a full Board of Directors present to vote, the minimum number of votes shall be majority of the present Board of Directors members.

XV. Appointment of volunteers

TJFC Board of Directors shall determine the appointment of volunteers and their duties as well as determine the composition of a sub-committee to deal with the particulars of any activity.

XVI. Eligibility

Registrations will be accepted for any youth (grades 1-6) within the Tuslaw community. The Tuslaw community, for the purposes of TJFC, is defined as Tuslaw students and those whose primary family reside within the Tuslaw School District.

An exception will be made for any youth who does not meet the eligibility requirements noted above, if that youth has previously participated in TJFC, or any youth who has had a sibling who previously participated in TJFC, prior to the commencement these bylaws (e.g., February 28, 2023).

XVII. League Insurance

TJFC players will be covered under a blanket accident insurance which shall be secured each year and any such other insurance as deemed necessary to protect league property and funds (liability, bonds, etc.)

XVIII. Amendments

These bylaws will be reviewed annually the Board of Directors meeting occurring at the last meeting of the calendar year. At such time, amendments can be suggested to the Board. These bylaws may be amended by a majority vote of the Board of Directors of TJFC. These are the Bylaws which govern TJFC. TJFC prohibits discrimination in all of its activities and programs.

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

XIX. League Participation

There are many levels of involvement in TJFC including, but not limited to the following: Directors, Head Coaches, Coaches, Players, Parents, Sponsors and Spectators.

The Board of Directors has the right to deny any person or group from participating in TJFC, if, in the opinion of the Board, a person poses a potential risk to any child or TJFC or liability to the TJFC because of their physical of verbal/nonverbal actions or behavior. The Board of

Directors can elect to reject applications and discharge, at any time, any person it deems necessary.

TJFC establishes and maintains a basic training plan for all coaches and other league personnel as deemed necessary. The following must be completed for any person or persons coaching for TJFC:

A. Background check – All Board of Directors, head coaches and assistant coaches B. Lindsay’s Law – All head coaches and assistant coaches.

C. Concussion Training – All head coaches and assistant coaches

Background Checks. To comply with background check requirements, a background check will be completed at the expense of TJFC. TJFC will require that background checks be completed through https://safecoachbackgroundchecks.com/. Consistent with Ohio Department of Education requirements, background checks will be valid for up to five years.

Lindsay’s Law. To comply with the training requirements under Lindsay’s Law, every coach must, on an annual basis, completed the following training:

• View the approved training video; and

• Read and review the Sudden Cardiac Arrest Handout for coaches.

• Complete the required Lindsays Law Required Signature Form

All training materials are available at https://odh.ohio.gov/know-our-programs/lindsays law/lindsays-law

Concussion Training. To comply with the concussion training requirements, every coach must, on an annual basis, complete the Center for Disease Control and Prevention (CDC) Heads Up to Youth Sports Online Training. `

All training materials are available at https://www.cdc.gov/headsup/youthsports/index.html

Coaches may be removed from their position for any of the following:

A. Repeated (documented) offenses of conduct that is considered detrimental to the best interests of the TJFC.

B. Threatening behavior (physical or verbal) to any athlete.

C. Threatening behavior (physical or verbal) towards a parent, Board of Directors member, opposing coach or any volunteers associated with TJFC or any opposing team.

D. Any background including felony convictions, domestic violence histories or similar criminal conduct may be excluded from participation (see Section XX).

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

XX. Background Checks

The Board of Directors shall establish a background check system for all Board of Directors members, Commissioners, Head Coaches, Coaches, Agents of TJFC who are involved in TJFC activities prior to any such individual being included in Board of Directors activities. Individuals with backgrounds including felony convictions, domestic violence histories or similar criminal conduct may be excluded from participation.

XXI. Sexual Abuse and Misconduct Prevention Policy

TJFC prohibits and does not tolerate sexual abuse or misconduct during any organization related activity. TJFC provides procedures for volunteers, Board of Directors members or any other victims of sexual abuse or misconduct to report such acts. Those reasonably suspected or believed to have committed sexual abuse or misconduct will be appropriately disciplined, up to and including termination of position, as well as criminally prosecuted. No volunteer, Board of Directors member or other person, regardless of his or her title or position has the authority to commit or allow sexual abuse or misconduct.

Definitions and Examples

The following definitions or examples (but not limited to), of sexual abuse, misconduct or harassment, may apply to any and/or all of the following persons – volunteers or other third parties.

A. Sexual abuse or misconduct may include, but is not limited to:

B. Child sexual abuse – any sexual activity, involvement, or attempt of sexual contact with a person who is a minor (under 18 years old) where consent is not or cannot be given.

C. Sexual activity with another who is legally incompetent or otherwise unable to give consent.

D. Physical assaults or violence, such as rape, sexual battery, abuse, molestation or any attempt to commit such acts.

E. Unwanted and intentional physical conduct that is sexual in nature, such as touching, pinching, patting, brushing, massaging someone’s neck or shoulders, and/or pulling against another’s Board of Directors of Director(s)y or clothes.

F. Material such as pornographic or sexually explicit images, posters, calendars, or objects.

G. Unwelcome and inappropriate sexual activities, advances, comments,

innuendoes, bullying, jokes, gestures, electronic communications or messages (e.g., email, text, social media, voicemail), exploitation, exposure, leering, stalking or invasion of sexual privacy.

H. A sexually hostile environment characterized as comments or conduct that unreasonably interferes with one’s work performance or ability to do the job or creates an intimidating, hostile, or offensive environment.

I. Direct or implied threats that submission to sexual advances will be a condition of employment or affiliation with the organization.

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

Reporting Procedure

Immediately report suspected sexual abuse or misconduct to TJFC Board of Directors and the local police jurisdiction where the incident occurred. It is not required to directly confront the person who is the source of the report, question or complaint before notifying any of the

individuals listed. TJFC will take every reasonable measure to ensure that those named in complaint of misconduct, or are too closely associated with those involved in the complaint will not be part of the investigative team.

Anti-retaliation and False Allegations

TJFC prohibits retaliation made against any volunteer, Board of Directors member, or other person who lodges a good faith complaint of sexual abuse or misconduct or who participates in any related investigation. Making knowingly false or malicious accusations of sexual abuse or misconduct can have serious consequences for those who are wrongly accused. TJFC prohibits making false or malicious sexual misconduct allegations, as well as deliberately providing false information during an investigation. Anyone who violates this rule is subject to disciplinary action, up to and including termination of employment or membership and criminal prosecution.

Investigation and Follow-up

TJFC will take all allegations of sexual abuse or misconduct seriously and will promptly, thoroughly, and equitably investigate whether misconduct has taken place. The organization may utilize an outside third party to conduct an investigation of misconduct. TJFC will cooperate fully with any investigation conducted by law enforcement or other regulatory /protective services agencies. TJFC will make every reasonable effort to keep the matters involved in the allegation as confidential as possible while still allowing for a prompt and thorough investigation.

Reporting to Law Enforcement or Appropriate Child or Adult Protective Services TJFC is committed to following the state and federal legal requirements for reporting allegations or incidents of sexual abuse or misconduct to appropriate law enforcement and child or adult protective services organizations. It is the policy of TJFC not to attempt to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition before reporting the allegation to proper law enforcement authorities or protective services organizations.

Employee and Worker Screening and Selection

As part of its sexual abuse and misconduct prevention program, TJFC is committed to maintaining a diligent screening program for prospective and existing volunteers and others that may have interaction with those associating with or serviced by TJFC. The organization may utilize a variety of methods of screening and selection, including but not limited to applications, personal interviews, criminal background checks and personal and professional references.

Supervision of Youth

To provide a safe environment for minors, TJFC strives that a minimum of two adult workers supervise or be in attendance with minors during organization-related activities. The purpose is to avoid one-on-one interactions between adults and minors that are not easily observable by others.

TUSLAW JUNIOR FOOTBALL & CHEER BYLAWS

XXII. Grievance Policy

If any player, parent, coach, official or any other associated with TJFC is in attendance or witness to a game where a TJFC team is participating and an issue or event occurs where action needs to take place, a written complaint should be sent to the attention of the Board of Directors President and include (but not limited to) the following information:

A. Name of Reporter

B. Names of affected player(s)

C. Address

D. Phone contact for the reporter

E. Witnesses to the incident

F. Email of Person Filing Complaint & Relationship to TJFC (if any) (i.e., parent, coach, spectator, opposing coach)

G. Date of Filing

H. Date of Incident

I. Detailed Description of Incident (include as much detail as possible).

The written complaint should be emailed to: tuslawyso@gmail.com. The person filing the complaint may be asked to attend the next Board of Directors meeting to discuss what action(s), if any, need or have taken place regarding the incident.