Page 93 - 2022-23 By-Laws

Rule 17 - Investigations ... Waivers

17-8 Waiver
17-8.1 General Waiver of an IHSAA rule
Except with respect to rules 4, 8-4, 12 and 18, and Contest Officials’ decisions, the
Commissioner, his designee, the Review Committee or Case Review Panel shall have the
authority to set aside the effect of any rule and grant a general waiver when the affected
party establishes, by clear and convincing evidence, and to the reasonable satisfaction of
the Commissioner, his designee, the Review Committee or the Case Review Committee,
that all of the following conditions are met:
a. Strict enforcement of the rule in the particular case will not serve to accomplish the primary
purposes of the rule;
b. The spirit or reason for the rule will not be offended or compromised by a waiver;
c. Unless waived, an undue harm or burden will be suffered by the affected party from
enforcement of the rule; and
d. When a student eligibility waiver is requested, a hardship condition, as defined in rule
17-8.3 exists.
17-8.2 Application for a General Waiver
An affected party shall apply for a general waiver at the time a matter is referred to the
Association under rule 17-2.4 or rule 17-2.5 or, if the matter is not so referred, during the
investigation, but prior to a decision, under rule 17-3; for good cause shown or because of
circumstances outside the control of the affected party, an affected party may seek a general
waiver during the review process under rule 17-4 for the first time. Under any circumstance,
however, the appropriate time for a general waiver application is when the grounds for the
waiver are discovered.
a. In bringing a general waiver request, an affected party shall make application in a writing
which shall contain all facts pertaining to the case, including sufficient data to make
it possible to reach a decision without further investigation. All correspondence and
documents pertinent to the case shall be submitted.
b. Requests for a general waiver should always be made prior to any action or participation
by the student, coach, School or affected party under circumstances which would constitute
either ineligibility or a rule or decision violation.
17-8.3 Student Eligibility General Waiver
A student seeking a student eligibility general waiver must show the existence of a hardship
condition. A “hardship condition” means an extremely negative non-athletic condition, peculiar
to the student, which is caused by unforeseen, unavoidable and uncorrectable events, which
is beyond the election, control or creation of the student, the student’s family, the student’s
supporters, the student’s coaches and the student’s School, and which causes the student to
be ineligible or not fully eligible, or which objectively compels some action which results in the
student being ineligible or results in the student not having full eligibility. A student eligibility
general waiver is exceptional and extraordinary relief, granted in rare cases; ordinary cases
shall not qualify for a student general eligibility waiver.
a. Likewise, a negative change in the financial condition of the student or a student’s family
may constitute a hardship condition, however, such change must be permanent, substantial
and significantly beyond the control of the student or the student’s family.
b. In a transfer case where a student seeks full or Limited Eligibility, and there is evidence
that the transfer or move was motivated, in part, by athletic reasons, albeit not for primarily
athletic reasons, the student will not qualify for a general waiver.
17-8.4 Non-Student Eligibility General Waiver
When the circumstances do not directly relate to student eligibility, an affected party may request
a general waiver when special circumstances arise that call for relief from, or modification of,
the effects of a rule, policy or procedure on an affected party.
17-8.5 Limited Eligibility Waiver
In addition to the foregoing, in transfer cases under rule 19-6, the Commissioner, his designee
or the Committee shall have the authority to set aside the effect of the transfer rule and grant
a student full eligibility following a transfer if (a) the student transfers without a corresponding
change of residence by his/her parent(s) or Guardian(s), (b) the student establishes, to the
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