"The Three Step Method"

The NFL Protest Procedure

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A protest is defined as a formal declaration of objection or an expression of opposition through action or words. The National Forensic League has an effective protest procedure to be used at the National Tournament; however, it was brought to my attention during the Salt Lake City NFL Nationals that many coaches are unaware of the actual process in filing a protest. The purpose of this article is not to encourage protests but rather explain the procedure.

The protest or objection procedure is handled in the ombudsman’s room during the national tournament. A form for a “Statement of Protest” is available in the ombudsmen’s room. Protests are only accepted from the “coach of record” or school-designated adult. No student protests will be acknowledged. The critical components of the protest procedure are:

1. Complaint: Briefly and accurately articulate in writing the concern or potential violation that you have witnessed.

2. Identification: You must indicate your school affiliation and judge code if one has been assigned to you.

3. Signature: You signature is required on the protest form. Anonymous protests will not be accepted.

4. Event Violation: This is the most important element of the protest procedure. The following information is paramount:
a. Event
b. Round
c. Section
d. Room Number
e. Student Contestant Code
f. Time of the “alleged” infraction

While all of the event violation information is crucial, the “time” of the infraction is of utmost importance. Protests must be timely. I am always amazed when a protest is lodged in Round 8 and when I ask when the infraction occurred, the coach in question says, “during Round 2.” That is not timely! Protest denied! When I asked the coach why he waited so long to protest, his reply was that he was waiting to see if the contestant broke. If there was a violation of NFL rules in Round 2 it is wrong in round 2 and must be reported then. A number of contestants may have been impacted by this student who allegedly was violating an NFL rule. (“Round 8.... too late!) Similarly, to know of an infraction and not report it is equally wrong. The adage of, “who can protest and does not, is an accomplice in the act” applies here!

5. Explanation of the protest/grievance: At this juncture we must have an exact and precise statement as to what the infraction was. The better the details, the better the opportunity the ombudsmen has to adjudicate. I offer the advice of Bertrand Russell when he stated, “The greatest challenge to any thinker is stating the problem in a way that will allow a solution.”

6. Violation of the National Forensic League’s Constitution and/or Bylaws: You must be able to clearly site (in our rules, not your state rules or league rules) why your objection should be examined. State rules, league rules, CFL rules, etc. have no standing in our protest procedure. There must be a clear rule violation and you must be able to site that violation from our constitution and/or bylaws. We always have a NFL Manual for you to consult. Here are a few examples of protests made from the Salt Lake City NFL Nationals that had no merit or no standing.
“A boy is doing a back flip in duo interp. Duo is not -Cirque De Soleil”
“People are touching during their duo interp.”
“Several people sang in their introductions.”
“Her black suit looked liked costuming to me.”
“My judge looked bored.”
All of these were easily explained and no protest was accepted. Please keep in mind that I said they were all easily explained not that the coaches involved all easily accepted them.

IF THE PROTESTS MAKES IT THIS FAR, WHAT HAPPENS NOW?
After the ombudsman looks over your protest, he will decide if it merits a protest. Please understand that a number of issues that coaches/students think are violations are in fact, not a protest issue. This is why we ask you to very carefully cite the violation from the constitution and/or bylaws. There is a big difference between protest and an action that should not have occurred but did. That action may have caused some unpleasantness or been alarming but it was not a direct violation of our rules. In these instances, the ombudsman may still take some action but it does not follow our flow chart of the protest paradigm. Examples of problematic issues such as these might include:

  • “I know my judge slept through my oratory.”
  • “My DI judge said he hated this event and that policy debate was the only real event, so let’s just get this round over.”
  • “My room was too small for me to adequately portray the scope of my characters.”
  • “The judges did not laugh at any of the humorous interps in my round.”
  • “I think I might have been timed incorrectly.”

While these actions are not in the venue of our protest model, we do our best to talk to those people who created the turmoil in order to avoid any further problems. But let’s be honest, we can’t build you a new room that might allow you the ‘room’ to adequately portray your characters and maybe it just wasn’t a funny humorous interp round. The ombudsman will approach each of your issues with civility and seriousness but one can’t solve every problem that might exist at the National Tournament...but we try! Joseph Joubet said it best when he stated, “It is better to debate a question without settling it than to settle a question without debating it.”

The Three Step Method
For those protests “deemed” to be in good standing, the ombudsman will give his ruling. Either the protest will be upheld and appropriate action will be taken up to and including disqualification from the tournament or the protest will be denied.

The second level of the protest occurs only if there is disagreement with the ombudsman’s decision. If disagreement exists with that decision, the coach may then move the protest to the second level. The second level involves NFL Secretary Mr. Scott Wunn. The written protest and the ombudsman’s decision are given to Mr. Wunn for his ruling. Mr. Wunn may either uphold the ombudsman’s decision or over- rule him.

The final step in the protest process only occurs if the coach making the protest disagrees with Mr. Wunn’s ruling. The coach may then ask that the protest move to its final level.

The final level of the process involves the “available” members of the National Forensic League’s Executive Council. If the current council is not readily available, we will often use past members of the council. Time may be of the essence at this level of protest and many of the council members have tournament duties at various venues. Every effort is made to utilize existing council members, but as a safeguard past council members have been used in their stead. The final ruling of the council is FINAL! In this final protest level, all parties involved are allowed to address the council. The executive secretary will make a statement justifying his decision. The ombudsman may, if called upon, present his findings. The person/coach lodging the protest may speak. It is then up to the remaining NFL Executive Council Members to render the final decision. This decision is not subject to appeal.

The protest procedure is in place to insure a fair and level playing field for all students and coaches. The protest process works! However, it should never be taken lightly and should never be lodged unless it meets ALL of the criteria mentioned in this article.

The number of protests has decreased over the last four years and that is a direct reflection on the wonderful coaches and students who read the rules and follow them! To those coaches and students, I say, “Thank You!” To the few coaches and students who do not read the rules or do not follow the rules, I say, “See you in the bud room.”

(Don Crabtree coaches at Park Hill High School (MO). He is a member of the NFL Hall of Fame and Vice President of the NFL Executive Council.)

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