Page 86 - 2021-22 By-Laws

Rule 17 - Investigations ... Waivers

officer 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’s 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 Decision
17-5.1 Relief from Decision or Penalty
When 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 Relief
An 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 Relief
If 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 Action
If 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’s
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’s 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’s participation be forfeited to
opponents;
c. require team or individual awards earned during the ineligible student’s participation be
returned to the Association; and/or
d. if the student’s 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 Association
17-7 Decision; Action
17-7.1 Penalties
For 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.
b. A coach may be prohibited from directing an athletic team which participates in interschool
athletics.
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