Page 91 - 2022-23 By-Laws

Rule 17 - Investigations ... Waivers

information may be received, but the Review Committee reserves the right to exclude any
information which it determines to be irrelevant, immaterial or unduly repetitious.
f. The hearing officer shall require that the examination of witnesses be orderly. When
examination is disorderly, it may be terminated and the disruptive individuals may be
excluded from the hearing.
g. When more than One (1) party has requested an appeal, and where the facts are
substantially the same for all parties, a single hearing may be conducted when deemed
advisable by the hearing officer.
h. The Review Committee is not bound by the decision of a principal or the Commissioner,
but shall make its decision in the matter based upon the facts and information presented at
the hearing, and shall base its findings on information presented to it at the hearing which
it determines to be reliable, credible and of probative value. The Review Committee’s
decision may be based upon different facts and/or upon different rules from those cited or
relied upon by either the School principal or the Commissioner in their prior decisions or
rulings.
i. The Review Committee’s findings and decision, along with the rule upon which it is based,
shall be promptly sent to the School principal(s) involved and the Affected Party or Parties
along with a notice about the process for appealing the decision to the Panel described in
rule 17-10.
j. A record of the proceedings shall be kept and, when so directed by the hearing officer, a
transcript thereof prepared. Such a transcript, when signed and verified by the hearing
officer as being correct, shall be the best evidence of the proceeding, and prima facie
evidence of all facts contained therein, and shall be the official record of the matter. Any
party may obtain a copy thereof at such party’s expense.
k. In an appeal to the Review Committee of a decision finding a student athletically fully
ineligible, the IHSAA shall bear the burden of persuasion and shall establish that there
was a violation of an IHSAA rule or policy by a preponderance of the evidence (the greater
weight of evidence).
17-5 Finality of Decision
17-5.1 Relief from Decision or Penalty
When a decision has been made and/or a penalty has been imposed by the Committee,
there shall be no review thereof except upon a showing of newly discovered evidence, which
by due diligence could not have been timely presented and which is directly related to the
findings in the case, or that there was fraud, misrepresentation or other misconduct of a
party or witness, or that there was a prejudicial error in the procedure that was followed in
the processing of the case.
17-5.2 Application for Relief
An affected party or the Commissioner or his designee may make application hereunder.
An affected party initiating a review hereunder shall be required to first submit a statement
of any contentions to the Commissioner or his designee who shall conduct any necessary
investigation and make a recommendation to the Committee relative to the request. Thereupon,
the Committee shall review the application and decide, by majority vote, whether it shall allow
the matter to be reopened and/or grant a hearing.
17-5.3 Hearing and Decision on Application for Relief
If a hearing is granted, the Committee may change its decision, reduce or eliminate a period
of ineligibility or reduce or eliminate a new penalty but may not impose a greater period of
eligibility or a new penalty. However, if it is determined by the Committee that a fraud or
misrepresentation was committed by a party or witness, the Committee may impose a penalty
for the commission of such fraud or misrepresentation.
17-6 Participation by Virtue of Panel or Court Action
If a student is ineligible according to Association rules but is permitted to participate in
interschool competition contrary to Association rules but in accordance with a decision of the
Case Review Panel or terms of a court restraining order or injunction against the student’s
School, or the Association and the decision or injunction is subsequently voluntarily vacated,

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