Page 95 - 2022-23 By-Laws

Rule 17 - Investigations ... Waivers

17-10.2 Case Review Panel
The case review Panel shall be comprised of Nine (9) members including:
a. Eight (8) members appointed by the Indiana Superintendent of Public Instruction
(“Superintendent”) with the following qualifications:
(1.) Four (4) parents of high school students,
(2.) Two (2) high school principals, and
(3.) Two (2) high school athletic directors,
who shall serve a Four (4) year term. Any member who ceases to meet these
qualifications shall cease to be a member of the Panel, and the Superintendent shall
appoint a replacement member to serve out the remainder of the term.
b. the superintendent, or a designee, who shall be the chairperson of the Panel.
17-10.3 Panel Meetings
a. The Panel must meet monthly, unless there are no cases before the Panel. The Panel may
meet more frequently at the call of the chairperson. However, the chairperson must call a
meeting within five (5) business days, or as soon thereafter as a quorum can be assembled,
after the Panel receives a case in which time is a factor in relation to the scheduling of an
athletic competition.
b. A quorum of the Panel is five (5) members. The affirmative vote of the greater of the
majority present or Four (4) votes if less than Seven (7) members of the Panel are present
is required for the Panel to take action.
c. Upon receipt of a case, the Panel must do the following: (1) collect testimony and information
from both the IHSAA and the parent, and (2) place the case on the Panel’s agenda and
consider the case at a meeting of the Panel.
17-10.4 Panel Decision
a. Not later than Ten (10) business days after the meeting at which the Panel considers the
case, the Panel must issue a written decision that does One (1) of the following:
(1.) uphold the IHSAA’s decision,
(2.) modify the IHSAA’s decision, or
(3.) nullify the IHSAA’s decision.
b. The Panel shall promptly make a written ruling of its determination. The parties before the
Panel shall be permitted to submit a proposed written ruling for the Panel’s consideration.
c. A decision of the Panel applies only to the case before the Panel and does not affect any
rule of the IHSAA or decision under any rule concerning any student other than the student
whose parent referred the case to the Panel.
17-10.5 Judicial Review
a. If the IHSAA or the student’s parents who referred a case to the Panel disagrees with the
decision of the Panel, the IHSAA or the student’s parents may file a legal action to review
the Panel’s decision (“judicial review”).
b. An action for judicial review must be filed with a court with jurisdiction not later than forty-
five (45) days after the Panel issues its decision.
c. In an action for judicial review, a court may reverse the Panel’s decision if the court, upon
its own review of the facts and issues involved in the decision and the applicable rule of
the IHSAA, determines that the decision of Panel, or the IHSAA’s decision upheld by the
Panel, is:
(1.) not a fair and logical interpretation or application of the IHSAA’s rules:
(2.) arbitrary , capricious, an abuse of discretion, or otherwise not in accordance with the
law;
(3.) contrary to constitutional right, power, privilege, or immunity;
(4.) in excess of statutory jurisdiction, authority, or limitations, or short statutory of rights;
(5.) without observance of procedure required by law, or
(6.) unsupported by substantial evidence.
d. A court reviewing a Panel’s decision may do the following:
(1.) Affirm the Panel’s decision,
(2.) Modify the Panel’s decision,
(3.) Review the Panel’s decision, and remand the action to the Panel for action directed
by the court. 84