Page 92 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

Chairperson, or his/her designee. Membership on a panel of the Review Committee shall
be for One (1) or more hearing sessions.
b. The Chairperson of the Executive Committee, or his/her designee, shall assume the duties
of hearing officer of the Review Committee. The Chairperson may designate a qualified
individual to assume the duties of hearing officer for any Review Committee hearing.
c. In the event a matter to be considered by the Review Committee directly involves a school
or individual having a direct connection with a current member of the Board of Directors,
the Commissioner, at the direction of the Chairperson, shall empanel a new three-member
veteran panel whose members may not include members of the current Board of Directors,
and shall designate a new hearing officer who may not be a member of the current Board
of Directors.
17-4.3 Time of Hearing
a. If an appeal is requested the Review Committee will hold a hearing, and the Commissioner
will schedule such hearing on the date of an upcoming regularly scheduled meeting of the
Executive Committee. If an appeal is requested in a case where Time is a Factor, and the
shortness of time is through no fault of the Affected Party, the Commissioner will attempt
to schedule an earlier hearing on a date when the Executive Committee does not meet
(‘Alternative Date’). Time is a Factor when, following the request for an appeal, the student
will miss a Tournament Series Contest or will miss more than Twenty Five percent (25%)
of the student’s team’s Season Contests before the next scheduled hearing date.
b. If an appeals hearing is granted on an Alternative Date, the appealing party shall remit a
Two Hundred Fifty dollars ($250.00) fee payable to the IHSAA prior to the hearing.
17-4.4 Appeal Statement
The IHSAA and all appealing parties shall present to the Commissioner at the offices of the
IHSAA [via mail (9150 N. Meridian Street, Indianapolis, Indiana 46260), hand delivery (9150
North Meridian Street, Indianapolis, 46260) or email (pneidig@ihsaa.org)] a written Appeal
Statement which summarizes the party’s position at least Five (5) business days prior to
the hearing. This Appeal Statement shall have attached (i) all documents relied upon by
a party to the appeal, and (ii) a written Summary Statement under oath of the testimony
to be given by each witness who may testify at the hearing. At the hearing the Hearing
Officer, for good cause, may admit a previously un-submitted document or Summary
Statement, or permit the testimony from an unidentified witness or a witness without a
Summary Statement; ‘good cause’ includes proof that the document or testimony was
newly discovered evidence, which by due diligence could not have been timely presented
with the Appeal Statement and which is directly related to the core issues in the appeal.
After receipt, the Appeal Statement and all attachments shall be sent to the IHSAA, to all
appealing parties and to the Review Committee members, which should be received no
later than the day before the hearing.
17-4.5 Hearing Procedure of Review Committee
The following general procedures will be followed at such hearing:
a. A quorum of the Review committee is Four (4) members including the hearing officer. The
hearing officer shall not vote on any case unless his/her vote is necessary to break a tie
vote.
b. The hearing officer will prepare an agenda for the hearing, and a copy thereof shall be
furnished to the affected party, the IHSAA and all interested parties to the appeal. The
hearing officer shall set the length of the appeal hearing and shall have the power to
administer oaths and affirmations, rule upon offers of proof, receive relevant oral or
documentary evidence, regulate the course of the hearing and conduct of the parties and
witnesses, and do such other things necessary to effectuate the purposes of the IHSAA.
c. Attendance at the non-public Review Committee hearings:
(1.) Each School principal or designee who conducted the initial investigation and/or made
the initial recommendation(s) or decision(s), as well as the Commissioner, Assistant
Commissioner or designee, is expected to attend the Review Committee hearing;
(2.) Unless there exists extenuating circumstances, all Affected Parties, which includes
the student and the parents and/or guardians, shall attend the Review Committee
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