Page 91 - 2023-24 By-Laws
P. 91

Rule 17 - Investigations ... Waivers

         17.3 Commissioner Investigation and Decision
         17-3.1 Investigation and Initial Review
         If it comes to the attention of the Association that a School has failed to enforce a rule or
         Association directive, or that a rule or decision may have been violated, or upon referral of
         an Athletic Transfer Report for determination, or upon referral of a matter under rules 17-2.4
         or 17-2.5, the Commissioner or his/her designee shall investigate and/or review the matter
         and render a decision.
         17-3.2 Decision and Notification
         The Commissioner or his/her designee shall have a reasonable time within which to make
         a decision. Every effort will be made by the Commissioner or his/her designee to make a
         decision and notify the principal and the party or parties affected within thirty (30) days of
         the receipt of the matter; provided, however, if circumstances do not permit the making of a
         decision within thirty (30) days, the Commissioner or his/her designee shall have additional
         time within which to make a decision.  The decision on all cases shall be available from the
         Association.  The Affected Party(s) and any principal connected to the case shall be notified
         of any decision, contemporaneously with the issuance of the decision via US mail; such
         decision shall indicate the rule upon which the decision was based and the action to be
         taken, and if the decision involves a ruling of full athletic ineligibility of a student athlete, the
         decision shall also include a written explanation of the factual basis for the decision.
         17-4 Review of Commissioner’s Decision
         17-4.1 Right to Review Committee
         Only an Affected Party may seek review of an adverse decision of the Commissioner or his/
         her designee by the Review Committee.
          a.  For purposes of this rule 17, to be an ‘Affected Party’ a party must demonstrate that (i)
            the party is a member School and had an IHSAA ruling or decision specifically directed
            at that member School, or had an IHSAA rule specifically applied to that member school,
            (ii) the party is a student and had an IHSAA ruling or decision specifically directed at that
            student, or had an IHSAA rule specifically applied to that student, (iii) the party is a Contest
            Administrator, a School Administrator or Personnel, or a coach and had an IHSAA ruling
            or decision specifically directed at  that Contest Administrator, School Administrator or
            Personnel, or coach, or had an IHSAA rule specifically applied to that Contest Administrator,
            a School Administrator or Personnel, or a coach, or (iv) the party is an Official and had
            an IHSAA ruling or decision specifically directed at that Official, or had an IHSAA rule
            specifically applied to that Official.
          b.  A student who claims to have been affected by an IHSAA ruling or decision directed at
            the student’s School, or had a rule of the IHSAA applied to the student’s School is not an
            Affected Party and has  no grounds to seek an appeal of the ruling or decision, or rule’s
            application to the School.
          c.  The Review Committee is the initial review panel of all Association rulings and decisions,
            and the application of IHSAA rules, and must consider all Association decisions, and the
            application of IHSAA rules, prior to any review either by the case review panel described
            at rule 17-10 or by any other body.
          d.  If an Affected Party declines to cooperate by either refusing to provide information, or
            refusing to meet with the principal or Commissioner or his/her designee after having been
            requested to do so, that party shall forfeit all rights to appeal.
          e.  A Request for Review of an adverse ruling or decision must be in writing, must include
            some explanation of the factual basis for the Request, must cite the IHSAA rules relied
            upon for the Request and must be received by the IHSAA within Seven (7) days of the
            date the IHSAA issued the adverse ruling or decision.  If a Request for Review is not made
            and received by the IHSAA in accordance with this rule, the ruling or decision shall be final
            and non-reviewable.
         17-4.2 Review Committee and Hearing Officer
         The Review Committee shall be comprised of:
          a.  At least Three (3) members of the Executive Committee who shall be appointed by the

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