Page 89 - 2021-22 By-Laws

Rule 17 - Investigations ... Waivers

d. the student establishes, to the reasonable satisfaction of the Commissioner, his designee
or the Committee that the student’s participation would not constitute an undue risk to
the health and safety of other participants or provide the student or the student’s team an
undue competitive advantage. Without limiting the evidence that may be considered, the
Commissioner, his designee or the Committee, may consider the following in determining
whether the student’s participation would constitute an undue risk to the health and safety
of other participants or provide the student or the student’s team an undue competitive
advantage: (1) whether the student has presented a report from a physician regarding
the student’s height, weight and whether the student is likely to pose an undue risk to the
safety and health of other participants; the student shall submit to an independent medical
examination by a physician selected and paid for by the Association at the request of the
Commissioner, his designee or the Committee; (2) whether the student has previously
participated in the sport for which eligibility is sought, or a similar sport, and if so, how many
years and at what level the student has participated and whether the student’s skill level is
such that the student was ever a member of the starting team or was a recipient of league
or other honors as a result of previous participation in the sport; (3) whether the student
has competed in a prior state Tournament Series competition (either in an Individual Sport
or in a team sport), and particularly at the championship level; and (4) whether the sport
is a contact or a non-contact sport.
17-10 Review by Case Review Panel
17-10.1 Right to Review of Final Association Decision by Parent of a Student
a. The IHSAA shall have a case review panel (“Panel”) which shall review the final application
or interpretation of any rule of the IHSAA to a student when the student’s parent disagrees
with a final decision of the IHSAA. The Panel shall be bound by these procedural rules
and the substantive rules of the IHSAA when reviewing any final decision of the IHSAA.
b. A student’s parent who disagrees with a decision of the final application or interpretation
of any rule of the IHSAA shall have the right to do One (1) of the following: (1) accept the
IHSAA’s final decision, or (2) refer the case to the Panel not later than thirty days after the
date of the IHSAA Review Committee’s decision.
c. The IHSAA will implement the decision of the Panel on each case, subject to any
determination made following judicial review under rule 17-10.5.
17-10.2 Case Review Panel
The case review Panel shall be comprised of Nine (9) members including:
a. Eight (8) members appointed by the Indiana Superintendent of Public Instruction
(“Superintendent”) with the following qualifications:
(1.) Four (4) parents of high school students,
(2.) Two (2) high school principals, and
(3.) Two (2) high school athletic directors,
who shall serve a Four (4) year term. Any member who ceases to meet these
qualifications shall cease to be a member of the Panel, and the Superintendent shall
appoint a replacement member to serve out the remainder of the term.
b. the superintendent, or a designee, who shall be the chairperson of the Panel.
17-10.3 Panel Meetings
a. The Panel must meet monthly, unless there are no cases before the Panel. The Panel may
meet more frequently at the call of the chairperson. However, the chairperson must call a
meeting within five (5) business days, or as soon thereafter as a quorum can be assembled,
after the Panel receives a case in which time is a factor in relation to the scheduling of an
athletic competition.
b. A quorum of the Panel is five (5) members. The affirmative vote of the greater of the
majority present or Four (4) votes if less than Seven (7) members of the Panel are present
is required for the Panel to take action.
c. Upon receipt of a case, the Panel must do the following: (1) collect testimony and information
from both the IHSAA and the parent, and (2) place the case on the Panel’s agenda and
consider the case at a meeting of the Panel.

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