Page 89 - 2022-23 By-Laws
P. 89

Rule 17 - Investigations ... Waivers


        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
          refusing to meet with the principal or Commissioner or his designee after having been
          requested to do so, that party shall forfeit all rights to appeal.
         e.  A Request for Review of an adverse ruling or decision must be in writing, must include
          some explanation of the factual basis for the Request, must cite the IHSAA rules relied
          upon for the Request and must be received by the IHSAA within Seven (7) days of the
          date the IHSAA issued the adverse ruling or decision.  If a Request for Review is not made
          and received by the IHSAA in accordance with this rule, the ruling or decision shall be final
          and non-reviewable.
        17-4.2 Review Committee and Hearing Officer
        The Review Committee shall be comprised of:
         a.  At least Three (3) members of the Executive Committee who shall be appointed by the
          Chairman, or his designee. Membership on a panel of the Review Committee shall be for
          One (1) or more hearing sessions.
         b.  The Chairman of the Executive Committee, or his designee, shall assume the duties of
          hearing officer of the Review Committee. The Chairman may designate a qualified individual
          to assume the duties of hearing officer for any Review Committee hearing.
         c.  In the event a matter to be considered by the Review Committee directly involves a school
          or individual having a direct connection with a current member of the Board of Directors,
          the Commissioner, at the direction of the Chairman, shall empanel a new three-member
          veteran panel whose members may not include members of the current Board of Directors,
          and shall designate a new hearing officer who may not be a member of the current Board
          of Directors.
        17-4.3 Time of Hearing
         a.  If an appeal is requested the Review Committee will hold a hearing, and the Commissioner
          will schedule such hearing on the date of an upcoming regularly scheduled meeting of the
          Executive Committee.  If an appeal is requested in a case where Time is a Factor, and the
          shortness of time is through no fault of the Affected Party, the Commissioner will attempt
          to schedule an earlier hearing on a date when the Executive Committee does not meet
          (‘Alternative Date’).  Time is a Factor when, following the request for an appeal, the student
          will miss a Tournament Series Contest or will miss more than Twenty Five percent (25%)
          of the student’s team’s Season Contests before the next scheduled hearing date.
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