Page 94 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

17-5.2 Application for Relief
An affected party or the Commissioner or his/her designee may make application hereunder.
An affected party initiating a review hereunder shall be required to first submit a statement of
any contentions to the Commissioner or his/her designee who shall conduct any necessary
investigation and make a recommendation to the Committee relative to the request. Thereupon,
the Committee shall review the application and decide, by majority vote, whether it shall allow
the matter to be reopened and/or grant a hearing.
17-5.3 Hearing and Decision on Application for Relief
If a hearing is granted, the Committee may change its decision, reduce or eliminate a period
of ineligibility or reduce or eliminate a new penalty but may not impose a greater period of
eligibility or a new penalty. However, if it is determined by the Committee that a fraud or
misrepresentation was committed by a party or witness, the Committee may impose a penalty
for the commission of such fraud or misrepresentation.
17-6 Participation by Virtue of Panel or Court Action
If a student is ineligible according to Association rules but is permitted to participate in
interschool competition contrary to Association rules but in accordance with a decision of the
Case Review Panel or terms of a court restraining order or injunction against the student’s
School, or the Association and the decision or injunction is subsequently voluntarily vacated,
stayed, reversed or it is finally determined by the courts that the decision or the injunctive relief
is not or was not justified or correct, any One (1) or more of the following action(s) against
the student and the student’s School, in the interest of restitution and fairness to competing
Schools, shall be taken:
a. require individual or team records and performances achieved during the participation by
the ineligible student be vacated or stricken;
b. require team victories achieved during the ineligible student’s participation be forfeited to
opponents;
c. require team or individual awards earned during the ineligible student’s participation be
returned to the Association; and/or
d. if the student’s School has received or would receive any funds for its participation in an
Association tournament series in which the ineligible student participated, require the
School forfeit its share of net receipts from such series, and if the receipts have not been
distributed, authorize the withholding of such receipts by the Association
17-7 Decision; Action
17-7.1 Penalties
For violation of a rule or disregard of a decision or directive made under these rules, some or
all of the following action may be taken.
a. The student may be declared ineligible to participate in interschool athletics for a period
not to exceed Three-hundred Sixty-five (365) days.
b. A coach may be prohibited from directing an athletic team which participates in interschool
athletics.
c. A member School may be:
(1.) prohibited from certain interschool athletic participation; or
(2.) warned; or
(3.) fined, including the forfeiting of revenues generated from the Association; or
(4.) suspended or placed on Probation for a period not to exceed Three-hundred Sixty-five
(365) days by the Association.
d. The Association may take any appropriate disciplinary or remedial measures or impose,
or direct the imposition of, appropriate sanctions or penalties.
17-7.2 Effective Date
Unless otherwise provided, a decision or directive under the rules, including those made
relative to ineligibility, prohibition, Suspension, Probation or other sanction or measures taken,
shall be effective immediately, unless good cause for the Suspension of same can be shown
to the Commissioner or the Committee.
17-7.3 Suspension
A School may be suspended without previous Warning(s) or Probation. All game and officials’
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