First, please read: Eight Questions to Ask Before Filing a Protest
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First, please read: Eight Questions to Ask Before Filing a Protest
From Rule 14.1: Anyone contemplating a protest is encouraged to must first attempt to resolve his or her complaint informally by discussing the alleged violation with the person committing the violation and/or the ride manager and/or appropriate regional director. In all cases, a regional director or a director-at-large must be notified in writing at least five (5) days before filing the protest.
Rule 14.3 Mediation. The Chairman of the [Protest and Grievance] Committee shall first refer the protest to nonbinding mediation to provide the protestor and respondent an opportunity to voluntarily settle the matters in dispute. The Chairman of the Committee shall select the time during the protest process to refer the protest to mediation. The mediation shall be conducted by a mediator from a panel of mediators approved by the AERC Board of Directors. The mediation shall be conducted telephonically unless the protestor and respondent make arrangements to meet personally with the mediator. The mediation will be conducted in confidence and no position taken or statement made by anyone at the mediation shall be submitted or considered as evidence in any following protest proceedings.
Once a protest has been referred to mediation by the Chairman of the Committee, all time periods for filing written materials will be suspended for 30 days to allow the mediation to occur. If a settlement is reached through the mediation, the protest shall be considered to have been withdrawn and the filing fee paid by the protestor shall be refunded by the AERC office. If the protest is not resolved through mediation, the protest proceeding shall resume after the termination of the 30 day suspension of proceedings.
To begin the mediation process, contact Protest and Grievance Committee Chair Diane Rowley at rowley.ky@gmail.com.
FIRST, READ RULE 14 IN ITS ENTIRETY.
BE TIMELY. Protests are due under the AERC Rules within 30 days after a ride occurs, or 30 days after the mailing of Endurance News if the violation is not apparent until the ride results are published. A protest fee of $150 must be paid by the protestor when the protest is filed.
BE PREPARED. Protests are not courtroom proceedings. Still, first-hand evidence is preferable. Gather signed witness statements; don’t just repeat gossip. Hearsay will be accepted but it may be afforded less weight than direct evidence.
BE CLEAR. Tell what happened and how it violates AERC Rules. We should not have to wade through a collection of sometimes irrelevant and minor gripes just to figure out the subject of the protest.
BE SPECIFIC. What rule was violated? Who is the protest against?
BE REALISTIC. Read the AERC Rules and give them some thought before you file the protest. Is what you want to complain about covered in the Rules? Is the result you want contemplated in the Rules?
BE CURRENT. Enforcement of our Rules can be important to the safety and fairness of our sport. If you see a major problem, do something about it now instead of waiting for disaster to happen.
BE FLEXIBLE. Sometimes attempting to work out some sort of informal resolution is better than the “all or nothing” approach of a formal protest. Rule 14.1 requires that you make such an effort before filing a protest and in all cases a regional director or a director-at-large must be notified in writing at least five (5) days before filing the protest.
Be sure to follow all guidelines of AERC Rule 14, Formal Protest Procedures. The protest must be received by the AERC office within 30 days of the alleged violation. Email the completed protest form and any supporting documentation to the AERC office at executivedirector@aerc.org. You may phone the AERC office, 866-271-2372, to use a debit or credit card for the $150 payment. Alternatively, the protest may be mailed, by certified mail, return receipt requested, with payment to:
American Endurance Ride Conference, Attn: Protest and Grievance Committee, P.O. Box 6027, Auburn, CA 95604
If you have any questions, contact Protest and Grievance Committee Chair Diane Rowley at rowley.ky@gmail.com.
A formal protest form (Appendix 14A) must be used. Click here to download a PDF version of the protest form.
If a protest is appealed, the protest appeal form (Appendix 14B) must be used. Click here to download a PDF version of the appeal form.
Updated 9/7/21