Policy Statement:

USAP is committed to sustaining an ethical organization free from conflicts of interest and perceived conflicts of interest. Each Affiliated Individuals has the responsibility to recognize and avoid any activity that constitutes or might appear to constitute a conflict of interest.

   1   Definitions

An “Affiliated Individual” includes any USAP employees and temporary employees engaged through a staffing service, board members (the “Board”), officers, committee members, task force members, and hearing panel members.

A “Conflict of Interest” or “Conflict” exists when an Affiliated Individual’s activities, interests, or relationships interfere with, influence, or may be perceived to interfere with or influence their ability to be impartial and make decisions in the best interest of USAP. The interests of an Affiliated Individual’s relatives and close associates must also be considered when evaluating whether a conflict of interest exists. Relatives and Close Associates (RCAs”) include but are not necessarily limited to spouses/domestic partners, children, siblings, parents, in-laws, close friends, and business partners. Children, siblings, etc. can include those by marriage, depending on the relationship, the facts and circumstances.

As defined below, a conflict of interest may be actual, potential, or perceived:

        A.    Actual Conflict of Interest

An actual conflict of interest exists when an Affiliated Individual has an active relationship with a person or organization that may influence the Affiliated Individual’s decision making in their role with USAP.

        B.    Potential Conflict of Interest

A potential conflict of interest exists when an actual conflict of interest does not yet exist, but there is reason to believe that a future event may create a conflict of interest. An example of a potential conflict of interest is an Affiliated Individual that owns a large pickleball club. Owning the club is not a conflict of interest in and of itself, but it has the potential to become one depending on the situation.

        C.    Perceived Conflict of Interest

A conflict of interest may be perceived when an Affiliated Individual does not have an active relationship with a person or organization, but it may appear to another individual that a connection between the two exists and has influenced a decision made by Affiliated Individual. A perceived conflict of interest may also exist if an Affiliated Individual has disclosed a conflict of interest and has recused themselves from decision making but takes actions that make it appear that they were involved in the decision (e.g., the conflicted person recused themselves from a discussion about a particular decision but remained in the room while the discussion was ongoing). It is important to remember that perceived conflicts of interest are often seen by others as actual conflicts of interest.

USAP requires that all Affiliated Individual complete a disclosure every year (annually) and self-identify any actual, potential, or perceived conflicts of interest. All new USAP employees and volunteers are required to complete a conflict of interest disclosure upon hiring and will also be included in the next annual cycle.

        B.    Ongoing Disclosure by Affiliated Individuals

In addition to the annual disclosure, all Affiliated Individual have an ongoing obligation to disclose any change in their personal activities, interests, or relationships that creates a potential new conflict of interest—whether actual, apparent, or perceived—or changes the nature of a previously disclosed conflict of interest.

        C.    Reports by Others

In addition to the mandatory annual and ongoing disclosures required from each Affiliated Individual, any individual with a good faith belief that an Affiliated Individual has a conflict of interest shall make full disclosure of their knowledge of the potential conflict of interest involved.
USAP has zero tolerance for retaliation against people who make good faith reports of potential ethical, policy, or legal violations, or who cooperate with investigations of those reports. That means no USAP staff, board or committee member, or volunteer may threaten, harass, discriminate against, or take any negative employment related action (e.g., discharge, demotion, suspension, negative review) on the basis of the individual reporting a concern. However, filing known false or malicious reports will not be tolerated, and anyone filing such reports will be subject to appropriate disciplinary action.

        D.    Election and Service-Related Disclosures

For Affiliated Individuals who have disclosure requirements related to vetting before standing for Board or committee election or selection to serve on a USAP task force or in another decision-making panel or role, disclosure requirements will be fulfilled on a rolling basis. The USAP committee or department overseeing the election/selection of these individuals should consult the Nominating & Governance Committee to determine the appropriate disclosure requirements.

        E.    Additional Board and Committee Member Disclosure Requirements

To avoid misperceptions about improper influences or relationships between Board and committee members, board and committee members must disclose any conflict of interest (as defined above) as well as contributions made to, and business relationships with, any charitable or commercial organizations in which another Board or committee member plays a management or governance role.

Board and committee members must review meeting agendas before each meeting to determine if, for any discussion item, they have any potential conflicts of interest that should be disclosed under this policy. At the beginning of each meeting, each Board or committee member should state the agenda items for which he or she has such a potential conflict of interest. When those agenda items are addressed by the Board or committee, the conflicted Board or committee member may need to recuse themselves for discussions and/or board votes. Recuse means the Board or committee member must leave the room or the teleconference entirely and return only when the discussion or vote on the agenda item is completed. The minutes should reflect each disclosure and recusal.

   3    Observers at Board Meetings

Individuals attending board meetings in a non-voting, observational capacity (including employees, consultants, interns, and other guests) must disclose any actual or potential conflicts of interest prior to or at the beginning of the meeting. Observers are prohibited from participating in discussions or influencing Board deliberations and must maintain strict confidentiality regarding all non-public information disclosed during the meeting. USAP reserves the right to limit or revoke observer access in the event of a conflict or breach of this policy.

   4    Review

The Nominating & Governance Committee collects and reviews conflict of interest disclosures, documents any actual or potential conflicts of interest, and determines any actions required to manage the conflict of interest. Each disclosure will be reviewed individually, and actions may be recommended to protect the individual, USAP, and the integrity of the decisions made by those individuals and USAP from actual, potential, and perceived conflicts of interests. These actions may include limitation of involvement, separation from certain USAP activities, or requests to cease the activity in question.

   5    Violations

If the Nominating & Governance Committee has reasonable cause to believe an Affiliated Individual has failed to disclose an actual or potential conflict of interest, it will promptly inform the Affiliated Individual of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose. If, after hearing the Affiliated Individual’s response and after making further investigation as warranted by the circumstances, the Nominating & Governance Committee determines the Affiliated Individual has failed to disclose the conflict or potential conflict of interest, it will take appropriate disciplinary and corrective action. The Nominating & Governance Committee’s decision will be final and is not appealable.

   6    Resources

The USAP Nominating & Governance Committee can be contacted with any questions about this policy at: usapng@usapickleball.org