Page 83 - 2021-22 By-Laws
P. 83

Rule 17 - Investigations ... Waivers

         17-2.4 Referral to Association for Review
         Upon receipt by the principal of a timely request for review of the decision, the principal shall
         immediately forward the request to the Association, along with the decision and reasons for
         such decision.
         17-2.5 Referral to Association for Investigation
         If, after conducting an investigation, the principal is unable to make a decision or is unable
         to fashion an appropriate sanction or remedy, the matter may, with the concurrence of the
         Commissioner or his designee be referred to the Association for further investigation and/or a
         decision. In such a case, the principal shall notify the party or parties being investigated that
         the matter is being referred to the Association for further investigation and/or a decision, and
         that they have the opportunity to present any pertinent information not previously presented
         to the principal.
         17.3 Commissioner Investigation and Decision
         17-3.1 Investigation and Initial Review
         If it comes to the attention of the Association that a School has failed to enforce a rule or
         Association directive, or that a rule or decision may have been violated, or upon referral of
         an Athletic Transfer Report for determination, or upon referral of a matter under rules 17-2.4
         or 17-2.5, the Commissioner or his designee shall investigate and/or review the matter and
         render a decision.
         17-3.2 Decision and Notification
         The Commissioner or his designee shall have a reasonable time within which to make
         a decision. Every effort will be made by the Commissioner or his designee to make a
         decision and notify the principal and the party or parties affected within thirty (30) days of
         the receipt of the matter; provided, however, if circumstances do not permit the making of
         a decision within thirty (30) days, the Commissioner or his designee shall have additional
         time within which to make a decision.  The decision on all cases shall be available from the
         Association.  The Affected Party(s) and any principal connected to the case shall be notified
         of any decision, contemporaneously with the issuance of the decision via US mail; such
         decision shall indicate the rule upon which the decision was based and the action to be
         taken, and if the decision involves a ruling of full athletic ineligibility of a student athlete, the
         decision shall also include a written explanation of the factual basis for the decision.
         17-4 Review of Commissioner’s Decision
         17-4.1 Right to Review Committee
         Only an Affected Party may seek review of an adverse decision of the Commissioner or his
         designee by the Review Committee.
          a.  For purposes of this rule 17, to be an ‘Affected Party’ a party must demonstrate that (i)
            the party is a member School and had an IHSAA ruling or decision specifically directed
            at that member School, or had an IHSAA rule specifically applied to that member school,
            (ii) the party is a student and had an IHSAA ruling or decision specifically directed at that
            student, or had an IHSAA rule specifically applied to that student, (iii) the party is a Contest
            Administrator, a School Administrator or Personnel, or a coach and had an IHSAA ruling
            or decision specifically directed at  that Contest Administrator, School Administrator or
            Personnel, or coach, or had an IHSAA rule specifically applied to that Contest Administrator,
            a School Administrator or Personnel, or a coach, or (iv) the party is an Official and had
            an IHSAA ruling or decision specifically directed at that Official, or had an IHSAA rule
            specifically applied to that Official.
          b.  A student who claims to have been affected by an IHSAA ruling or decision directed at
            the student’s School, or had a rule of the IHSAA applied to the student’s School is not an
            Affected Party and has  no grounds to seek an appeal of the ruling or decision, or rule’s
            application to the School.
          c.  The Review Committee is the initial review panel of all Association rulings and decisions,
            and the application of IHSAA rules, and must consider all Association decisions, and the
            application of IHSAA rules, prior to any review either by the case review panel described
            at rule 17-10 or by any other body.
          d.  If an Affected Party declines to cooperate by either refusing to provide information, or
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