USCF Bottleneck Allows Rights To Be Violated
by NM Leland Fuerstman

Few chessplayers have ever filed a formal complaint to the USCF Ethics Committee, and until 7-20-10 I was no exception. However, upon reading the Official Rules of Chess referring to the Code of Ethics, I was somewhat surprised at the archaic system which is still in place. Back in the 1950's when these rules were apparently written, everything had to be submitted in writing by postal letter and stamp. Thirty day periods of time were provided to respond. And, if someone decided to appeal, it could be as many as 6 months or even 1 year before a final decision was made. Guess what... Nothing has changed!?

In my case, the President of the North Carolina Chess Association is attempting to prevent me from participating in the NC Championship on labor Day  weekend? His reasons are "personal" and include the claim that I "posted criticism on the CCC Message Board" and "renounced my NCCA membership?!" However, according to the USCF Rulebook, neither of those issues fall within the scope of the USCF Code of Ethics?!

Hence, I have filed a complaint against the NCCA for "h. Attempting to interfere with the rights of any USCF member, such as by barring someone from entering a USCF sanctioned event for personal reasons" which is a serious violation of the USCF Code of Ethics. "Generally, no individual should be barred from a USCF-sanctioned event for which he or she meets the advertised qualifications, without appropriate due process, and for behavior inconsistent with the principles of this code and/or the rules of chess."

The advertisement for the NC Championship in Chess Life Magazine indicates "NCCA members $59, non-members $69!" Since I am currently a "non-member," I will be happy to pay the extra $10 fee (even though NCCA membership only cost $5!?). Their advertisement also indicates, "other states honored." I am a member of the South Carolina Chess Association, therefore, producing that membership card should be sufficient, as well.

Regardless, I have already been notified by the NCCA that my entry fee would not be accepted at the tournament? In effect, they are attempting to carry out their own punitive measures by illegally preventing me from participating. This sets a dangerous precedent. Unscrupulous organizers or directors could, for personal reasons, prevent any USCF member from participating until which time that member filed a formal complaint to the Ethics Committee while months roll by before a decision would be made?! There is something inherently wrong with that system?

In the civil world, if a citizen is charged with a crime, he is allowed "due process" whereby, among other rights, he may quickly post a bond in order to maintain his freedom until his trial takes place. He is certainly not punished before he is convicted?! If the USCF condones the action of the NCCA, that is exactly what they are allowing to take place?
To my knowledge, no one has ever filed any complaint about me to the USCF Ethics committee. Yet, the NCCA is attempting to exclude me from participating anyway? And, according to the rulebook, they have absolutely no right to do that.

The USCF should follow the same democratic theory of "innocent until proven guilty" as any other court in the USA.
I realize that there are no "chess police," but some individual who represents the USCF should have the authority to "demand" that affiliates adhere to the USCF rules or the event in question will not be sanctioned nor rated. And worse, consider revoking their USCF affiliation. To allow any organizer or director to indiscriminately bar members from participating without "due process" endorses a "catch 22" paradox which sanctions exclusion? And, that is wrong.

The real problem is the admitted snail's pace at which the Ethics Committee operates.
The "Code of Ethics" comprises all of 8 pages in the USCF Official Rules of Chess. So, it really shouldn't be that complicated. Respectfully, if the current volunteers of that committee are unable to endure the workload, they should promptly be replaced by others who can. This is the 21st century; fifty years ago, swapping letters in the mail may have resulted in a serious time lag, but this is the age of electronics and computers! Now, we have E-mail, instant messaging and free long distance phone service! It is high time that the by-laws were adjusted accordingly. A member's right to a "speedy trial" could easily be granted if the "old" time limits to respond were reduced to say, 7 or 14 days instead of 30? (Of course, there could be provisions for extensions, but in any case, all members should be allowed to participate in tournament competition until which time the Ethics Committee decides otherwise). The Ethics Committee needs to streamline their system in order to accommodate the needs of the modern chessplayer. Allowing a member's rights to be continually violated while they spend months making their decision is absolutely unacceptable.

I believe I joined the USCF in 1972. I achieved the Title of National Master in 1985 and I am a Life Member. Like any other USCF member, I have a right to participate in the NC Championship or any other USCF rated event. Like Valvo, I am being excluded for simply voicing my opinion?!

Unfortunately, I sincerely doubt that the Ethics Committee will make their decision before the Labor Day weekend event. But, hopefully, necessary changes will be made, and future cases such as mine will be addressed in a more fair and timely fashion.

NM Leland Fuerstman
President, Charlotte Chess Club