Page 90 - 2022-23 By-Laws

Rule 17 - Investigations ... Waivers

b. If an appeals hearing is granted on an Alternative Date, the appealing party shall remit a
Two Hundred Fifty dollars ($250.00) fee payable to the IHSAA prior to the hearing.
17-4.4 Appeal Statement
The IHSAA and all appealing parties shall present to the Commissioner at the offices of the
IHSAA [via mail (9150 N. Meridian Street, Indianapolis, Indiana 46260), hand delivery (9150
North Meridian Street, Indianapolis, 46260) or email (pneidig@ihsaa.org)] a written Appeal
Statement which summarizes the party’s position at least Five (5) business days prior to
the hearing. This Appeal Statement shall have attached (i) all documents relied upon by
a party to the appeal, and (ii) a written Summary Statement under oath of the testimony
to be given by each witness who may testify at the hearing. At the hearing the Hearing
Officer, for good cause, may admit a previously un-submitted document or Summary
Statement, or permit the testimony from an unidentified witness or a witness without a
Summary Statement; ‘good cause’ includes proof that the document or testimony was
newly discovered evidence, which by due diligence could not have been timely presented
with the Appeal Statement and which is directly related to the core issues in the appeal.
After receipt, the Appeal Statement and all attachments shall be sent to the IHSAA, to all
appealing parties and to the Review Committee members, which should be received no
later than the day before the hearing.
17-4.5 Hearing Procedure of Review Committee
The following general procedures will be followed at such hearing:
a. A quorum of the Review committee is Four (4) members including the hearing officer. The
hearing officer shall not vote on any case unless his/her vote is necessary to break a tie
vote.
b. The hearing officer will prepare an agenda for the hearing, and a copy thereof shall be
furnished to the affected party, the IHSAA and all interested parties to the appeal. The
hearing officer shall set the length of the appeal hearing and shall have the power to
administer oaths and affirmations, rule upon offers of proof, receive relevant oral or
documentary evidence, regulate the course of the hearing and conduct of the parties and
witnesses, and do such other things necessary to effectuate the purposes of the IHSAA.
c. Attendance at the non-public Review Committee hearings:
(1) Each School principal or designee who conducted the initial investigation and/or made
the initial recommendation(s) or decision(s), as well as the Commissioner, Assistant
Commissioner or designee, is expected to attend the Review Committee hearing;
(2) Unless there exists extenuating circumstances, all Affected Parties, which includes
the student and the parents and/or guardians, shall attend the Review Committee
hearing; failure of an Affected Party to appear at the Review Committee hearing
without a valid excuse will subject the appeal to dismissal;
(3) To make each Review Committee hearing more informal and less intimidating,
neither the IHSAA nor a party may be represented at the hearing by a professional
representative or an attorney, provided however, the Review Committee reserves the
right to consult with its own counsel at any time; and,
(4) Only witnesses with relevant testimony may attend a Review Committee hearing; a
witness may attend via a video/audio conferencing platform (e.g. Zoom), provided good
cause is timely shown. Note: Review Committee hearings are non-public and may
not be streamed or published by a witness attending via a video/audio conferencing
platform.
d. Each party to the appeal shall present, through the appeal statements, the party’s case.
This initial presentation should be limited to Fifteen (15) minutes. This presentation may
be supplemented through brief oral testimony, however, the testimony shall be limited to
pertinent evidence which is key to the party’s position. Lengthy statements and testimony
shall not be allowed. Following the parties’ presentations, the Review Committee shall ask
questions of the parties and the witnesses as needed. Following the questioning of the
Review Committee, the parties shall have a right of brief cross-examination of all parties
and witnesses present; lengthy cross-examination shall not be allowed.
e. The technical rules of evidence will not be applicable, and therefore, any oral or documentary
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