Page 95 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

contracts shall be null and void during the duration of the Suspension. Following the termination
of Suspension, the principals must make a written request for reinstatement.
17-7.4 Penalty for Submission of False or Misleading Information
Any student, School or affected party who submits false information, withholds pertinent
information, misrepresents a fact, or is responsible for any similar misconduct during any matter
involving an IHSAA application, investigation, decision, hearing or appeal, will be subject to
sanctions by the IHSAA, which may include the denial or revocation of eligibility, the denial or
revocation of licensure, the denial or Suspension from Membership or the denial or revocation
of any other IHSAA benefit.
17-7.5 Responsibility of School for Cost of Litigation
An IHSAA member School which institutes, or which encourages or finances, a less than fully
successful litigation against the IHSAA, or a less than fully successful agency or administrative
review of the IHSAA, which challenges the IHSAA Articles, By-Laws, rules, regulations,
policies, rulings or decisions, either prior to or after having first exhausted the internal appeal
procedures of the IHSAA, will assume and pay the full cost of such litigation, including counsel
fees, expenses and costs incurred by either the IHSAA or incurred by any IHSAA member
school brought into the litigation.
17-8 Waiver
17-8.1 General Waiver of an IHSAA rule
Except with respect to rules 4, 8-4, 12 and 18, and Contest Officials’ decisions, the
Commissioner, his/her designee, the Review Committee or Case Review Panel shall have
the authority to set aside the effect of any rule and grant a general waiver when the affected
party establishes, by clear and convincing evidence, and to the reasonable satisfaction of
the Commissioner, his/her designee, the Review Committee or the Case Review Panel,
that all of the following conditions are met:
a. Strict enforcement of the rule in the particular case will not serve to accomplish the primary
purposes of the rule;
b. The spirit or reason for the rule will not be offended or compromised by a waiver;
c. Unless waived, an undue harm or burden will be suffered by the affected party from
enforcement of the rule; and
d. When a student eligibility waiver is requested, a hardship condition, as defined in rule
17-8.3 exists.
17-8.2 Application for a General Waiver
An affected party shall apply for a general waiver at the time a matter is referred to the
Association under rule 17-2.4 or rule 17-2.5 or, if the matter is not so referred, during the
investigation, but prior to a decision, under rule 17-3; for good cause shown or because of
circumstances outside the control of the affected party, an affected party may seek a general
waiver during the review process under rule 17-4 for the first time. Under any circumstance,
however, the appropriate time for a general waiver application is when the grounds for the
waiver are discovered.
a. In bringing a general waiver request, an affected party shall make application in a writing
which shall contain all facts pertaining to the case, including sufficient data to make
it possible to reach a decision without further investigation. All correspondence and
documents pertinent to the case shall be submitted.
b. Requests for a general waiver should always be made prior to any action or participation
by the student, coach, School or affected party under circumstances which would constitute
either ineligibility or a rule or decision violation.
17-8.3 Student Eligibility General Waiver
A student seeking a student eligibility general waiver must show the existence of a hardship
condition. A “hardship condition” means an extremely negative non-athletic condition, peculiar
to the student, which is caused by unforeseen, unavoidable and uncorrectable events, which
is beyond the election, control or creation of the student, the student’s family, the student’s
supporters, the student’s coaches and the student’s School, and which causes the student to
be ineligible or not fully eligible, or which objectively compels some action which results in the

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