Page 94 - 2022-23 By-Laws
P. 94

Rule 17 - Investigations ... Waivers


         reasonable satisfaction of the Commissioner, his designee or the Committee, that the transfer
         is in the best interest of the student and there are no athletic related motives surrounding the
         transfer, and (c) the principals of the sending and receiving Member Schools each affirm in
         writing that the transfer is in the best interest of the student and there are no athletic related
         motives surrounding the transfer. In addition, in those circumstances where the student
         attended a Member School, other than the sending and receiving Member School, at any time
         during the Three-hundred Sixty-five (365) days prior to the transfer, the principal of the other
         Member School(s) the student attended during the Three-hundred Sixty-five (365) days prior
         to the transfer must also affirm in writing that the transfer is in the best interest of the student
         and there are no athletic related motives surrounding the transfer.
         17-9 Eight Semester Eligibility Waiver
         The Commissioner, his designee or the Committee may in individual cases, upon written
         request, declare eligible a student who would otherwise be ineligible under rule 12 if all of the
         following conditions are met:
          a.  the student has not graduated from high school;
          b.  the student establishes, to the reasonable satisfaction of the Commissioner, his designee
            or the Committee, that he or she has, or had, a disability as defined in the Individuals With
            Disabilities Education Act, 20 U.S.C. § 1401(3);
          c.  the student establishes, to the reasonable satisfaction of the Commissioner, his designee
            or the Committee either: (1) the student had an I.E.P. and was meeting the requirements
            of the I.E.P., yet is unable to graduate from high school within Eight (8) semesters after
            entering ninth grade, primarily because of the disability; or (2) the student did not have an
            I.E.P. and is unable to graduate from high school within Eight (8) semesters after entering
            the ninth grade, primarily because of the disability; and
          d.  the student establishes, to the reasonable satisfaction of the Commissioner, his designee
            or the Committee that the student’s participation would not constitute an undue risk to
            the health and safety of other participants or provide the student or the student’s team an
            undue competitive advantage. Without limiting the evidence that may be considered, the
            Commissioner, his designee or the Committee, may consider the following in determining
            whether the student’s participation would constitute an undue risk to the health and safety
            of other participants or provide the student or the student’s team an undue competitive
            advantage:  (1) whether the student has presented a report from a physician regarding
            the student’s height, weight and whether the student is likely to pose an undue risk to the
            safety and health of other participants; the student shall submit to an independent medical
            examination by a physician selected and paid for by the Association at the request of the
            Commissioner, his designee or the Committee; (2) whether the student has previously
            participated in the sport for which eligibility is sought, or a similar sport, and if so, how many
            years and at what level the student has participated and whether the student’s skill level is
            such that the student was ever a member of the starting team or was a recipient of league
            or other honors as a result of previous participation in the sport; (3) whether the student
            has competed in a prior state Tournament Series competition (either in an Individual Sport
            or in a team sport), and particularly at the championship level; and (4) whether the sport
            is a contact or a non-contact sport.
         17-10 Review by Case Review Panel
         17-10.1 Right to Review of Final Association Decision by Parent of a Student
          a.  The IHSAA shall have a case review panel (“Panel”) which shall review the final application
            or interpretation of any rule of the IHSAA to a student when the student’s parent disagrees
            with a final decision of the IHSAA. The Panel shall be bound by these procedural rules
            and the substantive rules of the IHSAA when reviewing any final decision of the IHSAA.
          b.  A student’s parent who disagrees with a decision of the final application or interpretation
            of any rule of the IHSAA shall have the right to do One (1) of the following: (1) accept the
            IHSAA’s final decision, or (2) refer the case to the Panel not later than thirty days after the
            date of the IHSAA Review Committee’s decision.
          c.  The  IHSAA  will  implement  the  decision  of  the  Panel  on  each  case,  subject  to  any
            determination made following judicial review under rule 17-10.5.
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