Page 88 - 2022-23 By-Laws

Rule 17 - Investigations ... Waivers

17-2 School Investigation and Decision
17-2.1 Investigation
When it comes to a principal’s attention that a rule may have been violated, the principal
shall conduct an investigation to determine if, in fact, a violation has occurred. If time and the
circumstance permit, and as part of the investigation, the principal shall notify the party or
parties being investigated:
a. that such investigation is being conducted;
b. the rule alleged to have been violated;
c. that rule 17 applies;
d. the date of the suspected violation;
e. that action could be taken pursuant to rule 17-7 if a violation is found; and
f. that such party or parties shall furnish to the principal such information as may be pertinent
to the matter.
17-2.2 Decision and Notification
Within a reasonable time after the investigation, the principal shall determine if a violation has
occurred and, if so, the action to be taken. The party or parties investigated shall be notified
in writing of the principal’s decision, the rule upon which the decision is based and the action
to be taken.
17-2.3 Review by Association
The principal’s notification of the decision shall also inform the party or parties of the right to
seek a review by the Association of the principal’s decision by notifying the principal, by certified
mail, of their request for a review within Seven (7) days after the issuance of the principal’s
decision. If no request for a review is received within Seven (7) days after the issuance of the
principal’s decision, the principal’s decision shall be final.
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.
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