Suggestions for Further USAPA Rules and Policy to be in Place for Non-Compliant Equipment That is Originally Approved
Intro
Before I begin, nothing in this article creates a client-attorney contract. This article incorporates all waivers of all legal articles. This article is merely for educational purposes.
I will not go into detail about what happened, since this article is not to encourage gossip nor is it to pinpoint or blame any, one party for anything. USAPA follows procedures, but all parties also should get proper notice, which is why I was inspired to write this and give some suggestions. If you read the recent news circulating about paddle specifications and its revocation, you will know what this refers to. However, this article is merely inspired by recent events, not to analyze and dissect them.1 My analysis will be a general one for future similar incidents.
Issue
What further USAPA Rules and Policies should be in place for non-compliant equipment that is originally approved?
Some background information
How is equipment approved?
All manufacturers must submit equipment for testing and certification by the USA Pickleball’s Equipment Evaluation Committee (EEC) in order for it to be USAPA approved for sanctioned tournaments.3 The approval of equipment authorized for sanctioned tournament play is made by the USA Pickleball Board of Directors on the recommendation of the EEC and outlined in the 2021 Equipment Specifications Manual (hereinafter, “The Manual”).4 The Manual5 lays out the elements that make up the specifications: material, surface roughness, reflection, weight, alterations, prohibited surface and mechanical features, and model designation.
Once tested, the USAPA board of directors either approves or denies it on behalf of a recommendation by the EEC.
Manufacturers are subject to compliance testing to ensure the product "as produced and sold" is compliant with the requirements.6
How is equipment revoked?
Any model or brand will be revoked by the Board of Directors "upon 18 month's notice on the USAPA and IFP website home pages...newsletter...or other acceptable means of communication, if the specific equipment is found to have been materially changed by the manufacturer..."7 In other words, if the equipment is found to have been "materially" or significantly changed by the manufacturer, then it can be revoked by USAPA upon 18 month's notice on the USAPA by any means of acceptable communication. However, there is no further information on when an 18 month’s notice is required. The Manual does, however, give some information about when and if at any point during a tournament it is determined that a player is using a paddle that violates a paddle specification, there are three options. They are as follows:
If non-compliance is identified prior to the match, the player can switch to another paddle without a penalty.
If non-compliance is identified after the match has started, the player or team must forfeit the match being played.
If non-compliance is identified after the match has ended, the match results stand.
However, this seems to be the case where the paddle in question might have been modified illegally by the player or they were already using a paddle brand that was always non-compliant.
The Suggestions
The following are merely suggestions and not to blame any, one party for any incident. USAPA does its part by following procedures to make the game fair, but parties affected by rulings also deserve a fair notice and enough time to rectify any situation that affects them.
The rule on revocation should be revised as follows:
2.f.1. Approval and authorization of a specified piece, model, brand, version, design, or type of equipment may be revoked by the Board of Directors within a reasonable time* on the USA Pickleball and IFP website home pages, official national newsletter publications, or other acceptable means of communication, if any number of the specified equipment is found to have been materially changed by the manufacturer, intentionally or unintentionally, regardless of the cause, or if the equipment materially degrades or changes under ordinary use so as to significantly alter the nature of the sport. The following standards shall be followed when revoking the equipment:
*reasonable time: no less than that of a formal warning given to manufacturers when equipment becomes non-compliant.
2.f.1a: USAPA shall provide Private, Reasonable Notice to Manufacturers When Equipment Becomes Non-Compliant, regardless of the cause. Reasonable Notice includes time and means of communication. The manufacturer should be given a certain amount of time to rectify the situation before it is publicly announced. This allows the company time to fix the situation, notify its pros, and figure out the next reasonable steps without the stress of gossip.
2.f.1ai: If it needs to be Publicly Announced, Provide Reasonable Notice to the Public When Equipment Becomes Non-Compliant, regardless of the cause. Reasonable notice includes time and means of communication. This mainly also allows players enough time to buy new equipment.
2.f.1b: Create an emergency clause for pros and amateurs to finish out a tournament for the duration of the event if equipment that was previously approved by USAPA becomes non-compliant less than a week before a USAPA sanctioned tournament, regardless of the cause. Switching out a paddle last minute can be detrimental to a player’s ability.
2.f.1c: Prohibit on-site informal or formal testing during a tournament of any equipment until after the tournament has completed, unless there are unforeseen circumstances that materially affect the fairness of the game. Materially affects8 means, there is a significant or large effect that is more than minor.
These are just a few suggestions that are merely for educational purposes and not to blame anyone for anything. We are all still learning about this sport and what works. This means, policy and rule modifications will naturally occur.
FOOTNOTES:
USAPA statement on a recent paddle compliance issue, https://usapickleball.org/news/usa-pickleballs-statement-regarding-crbn-paddles/.
See above. (If there are procedures in place for emergency situations, the procedures are not written out and available to the public.)
USAPA, Equipment, https://equipment.usapickleball.org/.
USAPA Equipment Standards Manual; https://usapickleball.org/docs/eec/Equipment-Standards-Manual.pdf.
See above.
See above.
See above, Rule 2.F.
LawInsider, Materially Affects, https://www.lawinsider.com/dictionary/materially-affects.
