To All OSRA Members:
As many of you are aware,
the Ontario Soccer Association has announced that, beginning with the 2009
registration year, referees must sign a “waiver” in order to complete the registration
process. For months following the original announcement in the fall of 2008,
the OSRA tried to obtain more information about what the waiver would include.
Andrew Backer, Manager of the OSA Referee Development Department, repeatedly
refused to provide a copy and also stated that there would be no consultation
with the OSRA. The fact that we are an associate member of the OSA was
completely ignored.
Finally, after releasing the
waiver to District Referee Coordinators on February 9, 2009, Andrew provided a
copy to the OSRA on February 10th. The OSRA responded with comments
to Andrew, outlining deficiencies in the document from a referee’s point of
view. Subsequently the OSA modified some of the wording. Despite these changes,
the OSRA feels that there are significant deficiencies that need to be
rectified; I informed Andrew of this and offered to work cooperatively with him
to find a solution. Unfortunately, Andrew responded unequivocally that there
would be no further changes and no discussion.
Late yesterday afternoon,
the OSA opened up the registration process even though the new on-line system
is not working. DRCs were asked to communicate with all referees about how to
register and what they must sign. Since the process has been so delayed this
year, the deadline for registering without penalty has been extended until May
1st.
The registration form and
waiver can be downloaded from the OSA website. You may also look on the OSRA
website. I encourage those interested to take a look at the waiver so that you
can form your own opinion about the issues it raises. From my perspective,
there are 4 major concerns:
The definition of the “Organization” is entirely too
broad;
The Organization is attempting to absolve itself of
liability in the event of its negligence;
It requires agreement that the referee’s signature is
a voluntary action, even though it has been made clear that a referee cannot
register without signing this waiver; and
There is insufficient clarity that this does not
apply to cases of referee assault.
If any of you is a lawyer or
has a lawyer friend who would be willing to offer observations, I would be
pleased to receive additional views to complement those already received from
lawyers who have seen the document.
Your Executive is discussing
how to approach this situation now that the OSA has moved forward unilaterally.
Since there are still 6 weeks until a penalty may be incurred for late
registration, I encourage all members to hold off until we can develop a
reasonable and cohesive strategy that will meet the needs of referees.
Several Branch Presidents
have provided comments and an assessment of the feelings of their members. It
would help the Provincial Executive in its deliberations to hear from all
Branches. Please respond as soon as possible.
This message is being sent
to all Branch Presidents and Secretaries for distribution to Branch members.
Please ensure that it is passed along as soon as possible; I would appreciate
being copied on those further distribution messages.
Thanks for your support as
we work towards more reasonable treatment by the OSA. Yours in soccer,
Original signed by
David Cope
President