Page 87 - 2021-22 By-Laws

Rule 17 - Investigations ... Waivers

c. A member School may be:
(1.) prohibited from certain interschool athletic participation; or
(2.) warned; or
(3.) fined, including the forfeiting of revenues generated from the Association; or
(4.) suspended or placed on Probation for a period not to exceed Three-hundred Sixty-five
(365) days by the Association.
d. The Association may take any appropriate disciplinary or remedial measures or impose,
or direct the imposition of, appropriate sanctions or penalties.
17-7.2 Effective Date
Unless otherwise provided, a decision or directive under the rules, including those made
relative to ineligibility, prohibition, Suspension, Probation or other sanction or measures taken,
shall be effective immediately, unless good cause for the Suspension of same can be shown
to the Commissioner or the Committee.
17-7.3 Suspension
A School may be suspended without previous Warning(s) or Probation. All game and officials’
contracts shall be null and void during the duration of the Suspension. Following the termination
of Suspension, the principals must make a written request for reinstatement.
17-7.4 Penalty for Submission of False or Misleading Information
Any student, School or affected party who submits false information, withholds pertinent
information, misrepresents a fact, or is responsible for any similar misconduct during any matter
involving an IHSAA application, investigation, decision, hearing or appeal, will be subject to
sanctions by the IHSAA, which may include the denial or revocation of eligibility, the denial or
revocation of licensure, the denial or Suspension from Membership or the denial or revocation
of any other IHSAA benefit.
17-7.5 Responsibility of School for Cost of Litigation
An IHSAA member School which institutes, or which encourages or finances, a less than fully
successful litigation against the IHSAA, or a less than fully successful agency or administrative
review of the IHSAA, which challenges the IHSAA Articles, By-Laws, rules, regulations,
policies, rulings or decisions, either prior to or after having first exhausted the internal appeal
procedures of the IHSAA, will assume and pay the full cost of such litigation, including counsel
fees, expenses and costs incurred by either the IHSAA or incurred by any IHSAA member
school brought into the litigation.
17-8 Waiver
17-8.1 General Waiver of an IHSAA rule
Except with respect to rules 4, 8-4, 12 and 18, and Contest Officials’ decisions, the
Commissioner, his designee, the Review Committee or Case Review Panel shall have the
authority to set aside the effect of any rule and grant a general waiver when the affected
party establishes, by clear and convincing evidence, and to the reasonable satisfaction of
the Commissioner, his designee, the Review Committee or the Case Review Committee,
that all of the following conditions are met:
a. Strict enforcement of the rule in the particular case will not serve to accomplish the primary
purposes of the rule;
b. The spirit or reason for the rule will not be offended or compromised by a waiver;
c. Unless waived, an undue harm or burden will be suffered by the affected party from
enforcement of the rule; and
d. When a student eligibility waiver is requested, a hardship condition, as defined in rule
17-8.3 exists.
17-8.2 Application for a General Waiver
An affected party shall apply for a general waiver at the time a matter is referred to the
Association under rule 17-2.4 or rule 17-2.5 or, if the matter is not so referred, during the
investigation, but prior to a decision, under rule 17-3; for good cause shown or because of
circumstances outside the control of the affected party, an affected party may seek a general
waiver during the review process under rule 17-4 for the first time. Under any circumstance,
however, the appropriate time for a general waiver application is when the grounds for the
waiver are discovered.
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