Page 90 - 2023-24 By-Laws
P. 90

Rule 17 - Investigations ... Waivers

         A.     No, neither a judgment call nor misapplication of a game rule by an official may be
                protested or appealed. (rules 9-5, 16-2)
         RULE 17 – INVESTIGATIONS – HEARINGS – DECISIONS – APPEAL – PENALTIES  –
         WAIVERS
         17-1 General
         The Association has and will continue to acquaint member Schools with its rules through
         distribution  of  By-Laws, posters, leaflets and  publications  and,  in turn, member  School
         administrators shall acquaint staff members, coaches and participants with the Association
         rules.
         17-1.2 School’s Responsibility to Cooperate
         All representatives of member Schools shall fully cooperate with the staff, Committee and
         Directors of the Association to further the objectives of the Association and its investigation
         and enforcement programs. The Association’s investigation and enforcement policies and
         procedures are an essential part of the athletic program of each member School and require
         full and complete disclosure of any relevant information requested by the Association during the
         course of any investigation and/or enforcement proceedings and full and complete compliance
         with all Association decisions, directives, sanctions and penalties.
         17-2 School Investigation and Decision
         17-2.1 Investigation
         When it comes to a principal’s attention that a rule may have been violated, the principal
         shall conduct an investigation to determine if, in fact, a violation has occurred. If time and the
         circumstance permit, and as part of the investigation, the principal shall notify the party or
         parties being investigated:
          a.  that such investigation is being conducted;
          b.  the rule alleged to have been violated;
          c.  that rule 17 applies;
          d.  the date of the suspected violation;
          e.  that action could be taken pursuant to rule 17-7 if a violation is found; and
           f.  that such party or parties shall furnish to the principal such information as may be pertinent
            to the matter.
         17-2.2 Decision and Notification
         Within a reasonable time after the investigation, the principal shall determine if a violation has
         occurred and, if so, the action to be taken. The party or parties investigated shall be notified
         in writing of the principal’s decision, the rule upon which the decision is based and the action
         to be taken.
         17-2.3 Review by Association
         The principal’s notification of the decision shall also inform the party or parties of the right to
         seek a review by the Association of the principal’s decision by notifying the principal, by certified
         mail, of their request for a review within Seven (7) days after the issuance of the principal’s
         decision. If no request for a review is received within Seven (7) days after the issuance of the
         principal’s decision, the principal’s decision shall be final.
         17-2.4 Referral to Association for Review
         Upon receipt by the principal of a timely request for review of the decision, the principal shall
         immediately forward the request to the Association, along with the decision and reasons for
         such decision.
         17-2.5 Referral to Association for Investigation
         If, after conducting an investigation, the principal is unable to make a decision or is unable
         to fashion an appropriate sanction or remedy, the matter may, with the concurrence of the
         Commissioner or his/her designee be referred to the Association for further investigation and/or
         a decision. In such a case, the principal shall notify the party or parties being investigated that
         the matter is being referred to the Association for further investigation and/or a decision, and
         that they have the opportunity to present any pertinent information not previously presented
         to the principal.

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