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P. 84
74 j. A record of the proceedings shall be kept and, when so directed by the hearing officer, a transcript thereof prepared. Such a transcript, when signed by the hearing officer and the person who prepared the same as being correct, shall be the best evidence of the proceeding, and prima facie evidence of all facts contained therein, and shall be the official record of the matter. Any party may obtain a copy thereof at such party%u2019s expense. k. In an appeal to the Review Committee of a decision finding a student athletically fully ineligible, the IHSAA shall bear the burden of persuasion and shall establish that there was a violation of an IHSAA rule or policy by a preponderance of the evidence (the greater weight of evidence).17-5 Finality of Decision17-5.1 Relief from Decision or PenaltyWhen a decision has been made and/or a penalty has been imposed by the Committee, there shall be no review thereof except upon a showing of newly discovered evidence, which by due diligence could not have been timely presented and which is directly related to the findings in the case, or that there was fraud, misrepresentation or other misconduct of a party or witness, or that there was a prejudicial error in the procedure that was followed in the processing of the case.17-5.2 Application for ReliefAn affected party or the Commissioner or his designee may make application hereunder. An affected party initiating a review hereunder shall be required to first submit a statement of any contentions to the Commissioner or his designee who shall conduct any necessary investigation and make a recommendation to the Committee relative to the request. Thereupon, the Committee shall review the application and decide, by majority vote, whether it shall allow the matter to be reopened and/or grant a hearing. 17-5.3 Hearing and Decision on Application for ReliefIf a hearing is granted, the Committee may change its decision, reduce or eliminate a period of ineligibility or reduce or eliminate a new penalty but may not impose a greater period of eligibility or a new penalty. However, if it is determined by the Committee that a fraud or misrepresentation was committed by a party or witness, the Committee may impose a penalty for the commission of such fraud or misrepresentation.17-6 Participation by Virtue of Panel or Court ActionIf a student is ineligible according to Association rules but is permitted to participate in interschool competition contrary to Association rules but in accordance with a decision of the Case Review Panel or terms of a court restraining order or injunction against the student%u2019s School, or the Association and the decision or injunction is subsequently voluntarily vacated, stayed, reversed or it is finally determined by the courts that the decision or the injunctive relief is not or was not justified or correct, any One (1) or more of the following action(s) against the student and the student%u2019s School, in the interest of restitution and fairness to competing Schools, shall be taken: a. require individual or team records and performances achieved during the participation by the ineligible student be vacated or stricken; b. require team victories achieved during the ineligible student%u2019s participation be forfeited to opponents; c. require team or individual awards earned during the ineligible student%u2019s participation be returned to the Association; and/or d. if the student%u2019s School has received or would receive any funds for its participation in an Association tournament series in which the ineligible student participated, require the School forfeit its share of net receipts from such series, and if the receipts have not been distributed, authorize the withholding of such receipts by the Association17-7 Decision; Action17-7.1 PenaltiesFor violation of a rule or disregard of a decision or directive made under these rules, some or all of the following action may be taken. a. The student may be declared ineligible to participate in interschool athletics for a period not to exceed Three-hundred Sixty-five (365) days.Rule 17 - Investigations ... Waivers