Page 96 - 2022-23 By-Laws

Rule 17 - Investigations ... Waivers

e. Should the IHSAA fail to follow the hearing and appeals procedures described in rules 17-4
and 17-10, a student’s parent may proceed directly to a court with jurisdiction to resolve
a dispute.
Q & A
Penalties - Generally
Q. 17-1 What will the penalty be for the violation of an IHSAA rule?
A. Penalties are not assigned in advance, as the IHSAA, a democratic organization,
is built on the idea that the observance of its rules and regulations is more to be
desired than the enforcement of them. The IHSAA believes that the essence of
proper and willing observance is higher than enforcement and that the IHSAA
should resort to enforcement only when observance fails.
Full Eligibility Under the General Waiver rule
Q. 17-2 How does a student bring to the attention of the IHSAA the fact that he/she
has transferred Schools without a parental change in residences, however, he/
she has a valid non-athletic reason for transferring, and what does the student
need to show to establish that the transfer qualifies for full eligibility under the
General Waiver Rule, rule 17-8.1?
A. A student who believes that the circumstances of the transfer qualifies for full
eligibility under the General Waiver Rule (rule 17-8.1), is obligated to make the
application for the waiver a part of the student’s Transfer Report. Any waiver
request must be substantiated with documents and statements showing a clear
basis for a waiver. The failure of a student to provide evidence and proof of
the circumstances supporting the waiver, and especially the failure to even
request a waiver on the Transfer Report, indicates that the transfer may not
really be the result of the circumstances offered to support the waiver request.
(rule 19-8.1)
Q. 17-3 A student’s family claims that it cannot afford to send a student to a Private
School because of an increase in tuition costs at the Private School, or because
the family’s financial situation has had a negative change, and as a result, the
family cannot afford the cost of the Private School. Can the student get full
eligibility under the General Waiver Rule, rule 17-8.1?
A. A tuition-paying Private School student may successfully show a ‘hardship
condition’ based on a substantial negative change in financial conditions,
however, the student must show that the change was unforeseeable,
permanent, substantial, and significantly beyond the control of the student and
the student’s family. Increases in tuition or additional costs at a Private School
are considered ‘foreseeable’ and generally do not meet the criteria. To be
considered, the claimed negative change in the family’s financial condition must
have arisen after the student’s Enrollment at the Private School. In addition, the
student must have attempted to address the negative change in the family’s
financial condition with the Private School (e.g. financial aid), and show that
any aid or assistance from the Private School was insufficient to address the
negative change in the family’s financial conditions. In all cases, the student
and the student’s family must clearly show that the cost of the Private School
is no longer affordable. (rule 17-8.4(c))
Q. 17-4 A student is Enrolled in a School which is not a School which Serves the
Student’s Residence. It is becoming more and more difficult to travel to and
from the School. If the student transfers to the School which Serves the
Student’s Residence, will the student be eligible for Varsity competition under
the General Waiver Rule?
A. Generally, no. When it was decided that the student would enroll at a School
which did not serve the student’s residence, the student and his/her family
were well aware that transportation problems might arise (the problems were
clearly ‘foreseeable’), and with such understanding, they voluntarily assumed
full responsibility for any current and any future transportation problems.
When transportation problems then do arise, such as road construction,
changes in carpools, weather-related difficulties, rise in gas prices, family-
related transportation problems, etc., these problems were foreseeable, were
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