X

 

 

 


Constitution
NYSPHSAA, INC. RECOMMENDATIONS

 

1.      Because the highest standards of good sportsmanship are in opposition to the policy of giving materially valuable awards to high school athletic teams;

Because such awards create a false sense of the value of school loyalty and service;

 

The NYSPHSAA, INC. recommends that school authorities give only awards of limited monetary value appropriate to high  school  level  competition,  furthermore, that the school administration be responsible for accepting, selecting and controlling awards that are offered by individuals or organizations or outside agencies such as P.T.A., service clubs, booster clubs, etc.

 

2.      Because   experience   has   shown   that  the   most   successful   form   of   school  athletic organization and control is in the league;

Because the league offers opportunity for friendly and sportsmanlike relationships:

 

The NYSPHSAA, INC. recommends that schools of similar size, similar interest and within reasonable distance of each other form leagues for all sports wherein they have interschool contests; that the appeal procedure specified in the Eligibility Standards be instituted only after an earnest attempt at settlementwithinthe league.

 

3.      Because  athletics  are    vital   factor  in   the   development  of   character,   personality, physical  fitness and leadership;

Because athletics can only attain their rightful position as a school activity when it is recognized that a healthy bodyis as necessary as a sound mind;

 

The NYSPHSAA, INC. recommends that a student not be barred from an athletic squad for any reason that would not bar one from an academic class or other school activity, except recognized eligibility rules.

 

4.      Because there is an obligation to practice the principles of safety in athletics and to take all necessary precautions to prevent injuries;

 

 

 
The NYSPHSAA, INC. recommends that all participants in interscholastic sports be covered by  appropriate insurance.

 

 

5.      Because school authorities have a responsibility for preventing the exploitation of high school students who have qualifiedfor a letterin schoolsports;

 

The NYSPHSAA, INC. recommends that school authorities  discharge  this responsibility by protecting students from being exploited by individuals or groups interested in promoting, for any purpose spectator or revenue producing contests such as all-star, charity and similar exhibition games. Senior All-Star contests as stipulated in the  Eligibility Standards  are  permitted.  Furthermore,  it  shall  be  the  responsibility  of

 

school authorities to inform their  teaching personnel to do nothing which shall impair this responsibility of boards of education to protectathletes against such exploitation.

 

6.      Because our Regulations stipulate  that  all  organized  practice  and  games  be conducted in the appropriate season (See Sports Standards), a school district planning or administering out-of-season recreations programs should avoid any implication of out-of-season practice and play. School sponsored activities conducted out of the sport season such as general conditioning, weight training, weight lifting, intramurals, recreation, open gyms, club activities and camps are permitted: 1) if such programs are not mandated by coaches or school personnel; 2) if such programs are available to all students.

 

 

 

CONSTITUTION OF THE NYSPHSAA, INC.

 

ARTICLE I

Purpose

 

To provide a central association through which public secondary schools of the State may cooperate for the following ends. This  association shall be the organization responsible for governing interscholastic athletic activities for boys and girls in grades 7-12 in its member schools. Nonpublic schools may petition and be accepted for full membership.

 

1.       To establish  necessary principles and procedures for the conduct of interscholastic athletics.

2.       To strengthen the work of the  local  schools  in  developing   good   sportsmanship and high ideals amongcontestants and teams.

3.       To encourage all forms of interschool athletic activities for all boys and girls in grades 7-12 as an integralpart of the educational program.

4.       To adopt, strengthen, interpret, and enforce uniform eligibility rules and sports standards governing participation in interschool athletics at all levels as established in the Regulations of the Commissioner of Education governing athletics.

5.       To conduct regional and state championship tournaments.

6.       To enforce the constitution, bylaws, rules, regulations, and sports standards adopted by this association, its sections, and leagues.

7.       To strive continually to strengthen programs and minimize risk  in  sports  through study, research and experimentation.

8.       To meet with and assist sports officials at the state and sectional levels to identify and solve existingproblems.

9.       To cooperate with non-school groups engaged in sports  activities  to  establish guidelines for  outside competition.

10.   To comply with the provisions of the New York State Not-For-Profit Corporation Law.

 

ARTICLE II

Membership

 

1.       Each eligible school may become a member of this corporation by submitting a request for membership in the association and representation in the section athletic program signed by the chief school officer of the petitioning school district and sent with the enrollment fee to the treasurerof the association.

a.       The annual membership fee shall be based on the total school district enrollment of boys and girls listed on all attendance registers for Grades 7-12 inclusive from the latest enrollment data provided by NYSED. Annual membership fees shall be set by the Executive Committee. An alternative method for the calculation of member dues assessment may be adopted by the NYSPHSAA Executive Committee.

 

 

 

b.       Membership fees are due September 1. Schools not paying the annual fee before October 15 of any school year shall be considered as resigning from membership in the association. Schools are readmitted as soon as  payment of  fees is  made. Fees  paymentis required of schools on austerity if they participate.

c.        One fee entitles a school to participate in any form of athletics of the association, to participate in the benefits of the Pupil Benefits Plan, Inc., to receive all bulletins and publications of the association and must be paid before the school may participate in any sectional games under the supervision of the association.

d.       The membership year shall be considered from September 1 to August 31 of the following year.

e.       Austerity - No committee member or officer of this association shall  lose membership because of his/her school's austerity,  and resultant nonpayment of dues.

f.         Nonpublic schools which are registered with the State Education Department may become members of the NYSPHSAA by payment of the annual fee provided to member schools making application. Section athletic councils may determine the appropriate classification for their nonpublic school and charter school members. See Member and Classification Section of the handbook. The NYSPHSAA membership fee shall be assessed on a pro-rata basis if only grades 9-12 inclusive are enrolled.

2.       All member schools of this corporation agree to abide by this Constitution and the Eligibility Standards,  Sports  Standards,  Modified Program Rules, Officiating Standards, in all interschool competition as adopted by the Executive or Central Committees or approved by referendum of memberschools.

3.       Any school violating the constitution, amendments, bylaws, rules, regulations, or sports standards of the association and its sections may be suspended from the association or from the section, or both, by the Central Committee, or by the Executive Committee when the Central Committee is not in session, and barred  from participation in any of the interschool athletic activities for a period up to one year. It is provided, however, that a section athletic council may impose penalties and sanctions as the rules and regulations of the association may provide.

4.       All superintendents, principals, athletic  directors,  and  coaches  of  member  high schools are advisors of the association. They are eligible to serve on committees and are entitled to make recommendations to the NYSPHSAA staff  and  Executive Committee on all matters  pertainingto the conduct of interscholastic athletics.

5.       No part of  the net earnings of the association shall inure to the  benefit of any member, trustee, officer, or director of the association or any private individual (except that reasonable compensation for services rendered to or for  the association affecting one or more of its purposes) and no member (other than a public high school), trustee, officer, or director of the association or any private individual shall be entitled to share in the distribution of any of the association's assets on dissolution of the association.

Upon the dissolution of the association or the winding up of its affairs, the assets of  the  association  shall  be  distributed  exclusively  for  educational  purposes  in

 

 

 

accordance with the provisions  of  Not-for-Profit   Section  501  (2)  3  of  the Internal Revenue Code and its regulations as they now exist or as they may hereafterbe amended.

As a means of accomplishing  its  purposes,  the  association  is  authorized  to receive and maintain funds of real or  personal property, or both, to have, hold, manage, encumber,  and sell the same, to change the investments thereof, to invest and reinvest the proceeds thereof, and in general and subject to such limitations and conditions as are or may be prescribed by law, it exercise  such  other powers which are or hereafter may be conferred by law upon the association organized for the purposes hereinabove set forth, or necessary or incidental to the powers so conferred, or conducive to the attainment of the purposes of the association.

 

ARTICLE III

Central Committee

 

1.       The corporation shall be administered by a board of directors, known as the Central Committee, consisting of representatives from each of the sections, elected from the memberschools in accordance with the followingplan:

 

a.       The state shall be divided into geographic areas called sections, each of  which shall elect four representatives to the Central Committee: viz, one chief school officer, one principal, one male representative of athletics and one female representative of athletics from the member school of the section.

b.       On or before December 15th of each  year,  each  section  secretary  shall  inform the section athletic council as to the branch of service in which a vacancy by expiration of term shall occur, and each section shall elect a replacement  by a method of their choice.

c.        In the event of the positive unwillingness to serve on the part of any duly elected person, election shall go to the nominee having the second highest  number  of votes.

d.       Newly elected Central Committee representatives will assume their positions September 1.

e.       In case of a vacancy in the membership on the Central Committee arising in any section, it shall be the duty of the three remaining members in such section to choose, with the advice and consent of the section athletic council, the fourth representative from a member school in the section and from that position  of service in which the vacancy has occurred. Appointments shall be made for the full period of the unexpired term.

f.         Persons retiring from active  public  education  employment,  currently  serving  on the NYSPHSAA Central Committee, shall be permitted to continue for the duration of their tenure and also be permitted to serve in that capacity if so elected by the section.

 

 

 

g.       Should any member of the Central Committee be unable to attend a meeting of the Central Committee, then a section athletic council officer shall be designated to represent that section.

 

2.       The Central Committee may from time-to-time adopt rules and regulations for conducting the affairs of the association and shall draw up rules stipulating requirements or admission to membership in the association and shall adopt uniform eligibility rules and sports  standards  to  conform  to  the  minimum  regulations adopted by the State Education Department.

3.       A majority  of members of the Central Committee eligible to vote shall constitute a quorum, provided due notice has been  given  all to  members  of  the  committee  on the date,  time, and place of the meeting.

a.       The NYSPHSAA President, Vice Presidents and immediate Past President shall not represent their respective sections. Sectional representatives constitute the voting body of the committee and the first vice president, second vice president and immediate past president shall have the right to vote when the Central Committee is in session. The president shall not be entitled to vote, except in the case of a tie.

4.       An annual meeting shall be held each year; other necessary meetings may be called by the president.

 

ARTICLE IV

Officers and Duties

 

1.       The Central Committee  shall elect a president, first vice president, and second vice president from among its own members and persons serving as an officer  of  a section athletic council to serve two-year terms. It shall also approve the appointment of the members of the professionalstaff.

a.       The president of the association shall preside at  all meetings of  the  association, the Central Committee, and the Executive Committee, and shall  perform  such other duties as the Central Committee may designate, the constitution or bylaws authorize or require, and in general shall perform the duties that usually come under the office  of the president.

b.       The first vice  president shall assume the duties of  the president during absence or inability to act and shall have the following duties in addition to those designated by  the president:

i.      Chairman of the Budget and Audit Committee,

ii.       Attend Section Athletic Council meetings (other than in his/her section),

iii.       Attend sport committee meetings,

iv.      Attend meetingsof the Handbook, Safety, and Championship Advisory Committees,

v.      Attend NYS Federation meeting.

 

 

 

c.        The second vice president shall assume the duties of the first  vice  president during absence or inability to act and shall have the following duties in addition to those designated by the president:

i.      Attend all Budget and Audit Committee meetings,

ii.      Attend Section Athletic Council meetings (other thanin his/her section),

iii.      Attend Sport Committee meetings,

iv.      Attend meetings of the Officials Coordinating Federation, Modified Athletics  and Chemical Health Committees,

v.      Attend meetings of ad hoccommittees,

vi.      Chair the LongRange PlanningCommittee.

d.       Immediate Past President:

i.       Chair the Past Presidents Committee

ii.       Chair the NominatingCommittee

iii.       Memberof the Budget and Audit Committee

e.       The Executive Director shall be the official interpreter of the policies  and regulations of the Association, shall be responsible for conducting the business of the Association, shall keep the minutes and records of  the  Association,  the Central Committee and the Executive Committee. The Treasurer shall have custody of the funds of the association, receiving all fees and other  income,  keeping  a careful account of the same,  and  submitting  a  report  at  the  annual  meeting  of the Central Committee. Money shall be disbursed only on vouchers, properly receipted, which shall be audited by a certified public accountant previous to the annual report.

2.       A committee of officers in consultation with the staff shall have the authority to act on all matters not provided for in this constitution and bylaws, and on such emergency business as may arise between regular meetings of the Executive Committee.

3.       Vacancies in any office shall be filled by a vote of the members of the Central Committee for the unexpired term of such office. When the Central Committee is not in session the Executive Committee shall fill any vacancy.

4.       Officers shall be elected at the annual meeting. NOTE: The nominating committee shall select candidates for office in the following rotation: chief school officer, female representative of athletics, principal, male representative of Athletics. This rotation would provide broad representation from the Central Committee as-well-as administration experience.

5.       The president shall appoint the members of the nominating committee.

6.       The Honorary Past Presidents, Past Presidents, Executive  Director,  other  Executive staff, Executive Director of the Pupil Benefits Plan, Inc., State Education Department Liaison, affiliate association  representatives,  and  a  representative  of  NYS  School Board Association as ex-officio members may participate in the meetings of the association, the Central Committee, the Executive Committee, withoutthe right to vote.

 

 

 

ARTICLEV

ExecutiveCommittee

 

1.       The Executive Committee shall consist of twenty-two members, each of  eleven sections being represented by one member of the Central Committee who shall receive the position in any manner the section shall determine, and by the female representative of athletics on the Central Committee. This  selection  shall  be  made prior to the annual meeting of the Central Committee. The NYSPHSAA President and Vice Presidents shall not represent their respective sections. Sectional representatives constitute the voting body of the committee  and the  president,  first  vice  president, and second vice president shall not be entitled to vote except in the case of a tie with only one of said officers being entitled to vote in the order indicated. Should any member of the Executive Committee be unable to attend a meeting of the Executive Committee, than another member of the Central Committee from the section not so represented, or a section athletic council officer shall be designated to represent that section.

2.       The Executive Committee shall have general management of the affairs of the association in the interval between meetings of the  Central  Committee  and  shall have the power to act in all matters not covered by this constitution and bylaws. It shall have jurisdiction in all appeals, protests, and questions of eligibility when the Central Committeeis not in session.

3.       The Executive Committee shall meet at least three times each year. A majority of the members of the Executive Committee eligible to vote shall constitute a quorum. Special meetings of the Executive Committee may be called by the president or at the request of  a majority of the members.

4.       Any action which needs the approval of the Executive Committee may be taken without a meeting, if authorized by the president, by conducting mail or electronic vote.

5.       The Executive Committee shall be responsible for properly administering meets, tournaments, or games in which individuals or teams, determined as winners of sectional contests from two or more sections, participate. The secretaries of the sections to be represented in regional, intersectional, and state contests shall provide a complete list of sports in which that section intends to compete in the ensuing year to the NYSPHSAA, Inc. Executive Director for the approval of the Executive Committee at its spring meeting.  Notice of withdrawal from a regional intersectional and state contest must be received at least sixty days prior to the date of the contest. Otherwise the section will be required to pay the proportionate share of the administration and insurance charges involved in the program.

 

ARTICLE VI

League and SectionOrganization

 

1.       A school may join with other schools to form a league for the  purpose of providing interschool athletic competition among schools of comparable size, similar interests, and within reasonable distance of each other. Leagues so formed shall be organized and affairs conducted in accordance with the rules of the section and of the association.  If  the  section  athletic council is  unable to  provide for  league  affiliation,

 

 

 

they shall refer the problem to the NYSHSAA, Inc. Executive Committee within 30 days for action.

2.       The member schools in each section shall establish an athletic council, consisting of the four members of the Central Committee representing the section and one or more representative of each league in the section elected by the league or its  member schools. The section may provide for additional members of the athletic council.

3.       The athletic council shall elect a president, one or more vice presidents, a secretary, and a treasurer. Each Central Committee member shall serve as an officer or as an ex-officio member of the athletic council. The athletic  council  shall  meet  at  least three times each year.

4.       The athletic council shall:

a.       Adopt a constitution and bylaws for governing the section and shall file a copy and any amendments with the executive director of the association.

b.       Manage the affairs of the section and adopt rules and regulations  from time-to- time for governing the section with rules  and  regulations  which  must  be consistent with  those of the association and the State Education Department.

c.        Impose and enforce a suitable penalty upon  any  member school  which violates the constitution, bylaws, rules, regulations, sports standards, or code of ethics of the association or section. A member school found guilty of such violation by  the Section Athletic Council may be barred from participation in  any  or  all interschool athletic activities for a period up to one year.

5.       The president of the athletic council may call special meetings in the section for the purpose of explaining and discussing all amendments submitted to the member schools or for the purpose of considering the policies and procedures of the leagues, the section, or the association. The president is the representative of all of the member schools in the section and shall at all times exercise the function of democratic leadership.

 

ARTICLE VII

State SportCommittees

 

1.       a. Each section may elect or appoint one representative to each state sports committee. Necessary expenses for each delegate to attend sports committee meetings shall be paid by the section.

b.       Each state sports committee shall hold an annual meeting and shall elect a vice chairman, and a secretary, who will be representatives on that state’s sports committee, and who will hold office for the ensuing year. State sports committee meetings must have the approval of Association staff. Notice  of  the  time  and place of state committee meetings shall be given to members at least two months prior to the meeting.

c.        Minutes of all meetings shall be provided to committee members,  association officers and staff, section presidents and section executive directors/secretaries.

d.       The coordinator of the state sports committee shall submit an annual  written report to the Central  Committee.  If  requested  to  attend,  the necessary  expenses to attend the Central Committee meeting will be paid by the association.

 

 

 

e.       There shall be a biennial meeting of all state sports coordinators.

2.       Each state sports committee shall encourage participation in that sport, require observation of the rules, regulations, and sports standards, provide measures of safety, answer questionsand receive suggestions pertainingto that sport.

a.       Each section sports committee representative shall conduct studies when needed, review games rules, conduct interpretation meetings, present demonstrations, secure the cooperation of officials, improve game administration in the section, and act as the liaison between the section and the state sports committee coordinator.

b.       Each state sports committee may make investigations and surveys, and conduct other research to insure that playing rules are adapted to the needs and abilities of the high school studentand submit recommendations to the Executive Committee.

c.       Each state sports committee shall be responsible for informing the sections of the correct procedure to be followed in  making changes  in  policy,  regulations, rules or  sportsstandards in that sport.

 

ARTICLE VIII

Constitutional Amendments

1.       A majority vote of the Central Committee or Executive Committee at any duly authorized meeting is required to propose an amendment to the Constitution. Amendments may be initiated by the Central Committee, Executive Committee, a section athletic council, or the officers of the NYSPHSAA, Inc. Proposals shall be submitted to the executive director by January 15 to allow sectional athletic councils adequate time for their consideration.

2.       A referendum is required to approve amendments. During a referendum, each school shall have one vote on a signed ballot. To be valid, this vote shall represent the collective judgment of and include the signatures of the chief school officer, principal, and the director of athletics. An Executive Committee member representing the section shall serve as teller to canvass all ballots to amend  the  Constitution  or amend any other rule or regulation, which was put forth for the referendum.

3.       During the referendum, a majority vote of the member schools voting in  each section shall be required for the adoption of the amendment in the section. Approval of at least seven sections and approval of two-thirds of the member schools casting valid ballots shall be required for the final adoption of the amendment  as  a statewide rule or policy or as an amendment to the Constitution, as the case may be.

4.       All amendments to this Constitution, which are approved by a referendum vote, shall not become effective until August 1 of the next school year.

 

ARTICLE IX

Changes inEligibility Standards

1.       Changes in Eligibility Standards, Sports Standards, Modified Program Rules Operating Code, Officiating Standards, and any other rules and regulations not part of t h e Constitution  may   become   effective   immediately   or   approved   for   referendum   of member  schools at the discretion of the Executive Committee or Central Committee, as the case may be.

2.       When a referendum vote is authorized, the procedures stipulated in Article VIII, Item 2,  shall be followed.

3.       Adoption of a statewide standard, rule, or policy by referendum vote shall require a majority vote of member schools casting valid ballots and approval in a majority of the sections.

4.       All changes in the rules and regulations approved by a referendum vote shall not become effective until August 1 of the next school year.