Page 97 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

independent medical examination by a physician selected and paid for by the Association
at the request of the Commissioner, his/her designee or the Committee; (2) whether the
student has previously participated in the sport for which eligibility is sought, or a similar
sport, and if so, how many years and at what level the student has participated and whether
the student’s skill level is such that the student was ever a member of the starting team or
was a recipient of league or other honors as a result of previous participation in the sport;
(3) whether the student has competed in a prior state Tournament Series competition (either
in an Individual Sport or in a team sport), and particularly at the championship level; and
(4) whether the sport is a contact or a non-contact sport.
17-10 Review by Case Review Panel
17-10.1 Right to Review of Final Association Decision by Parent of a Student
a. The IHSAA shall have a case review panel (“Panel”) which shall review the final application
or interpretation of any rule of the IHSAA to a student when the student’s parent disagrees
with a final decision of the IHSAA. The Panel shall be bound by these procedural rules
and the substantive rules of the IHSAA when reviewing any final decision of the IHSAA.
b. A student’s parent who disagrees with a decision of the final application or interpretation
of any rule of the IHSAA shall have the right to do One (1) of the following: (1) accept the
IHSAA’s final decision, or (2) refer the case to the Panel not later than thirty days after the
date of the IHSAA Review Committee’s decision.
c. The IHSAA will implement the decision of the Panel on each case, subject to any
determination made following judicial review under rule 17-10.5.
17-10.2 Case Review Panel
The case review Panel shall be comprised of Nine (9) members including:
a. Eight (8) members appointed by the Indiana Superintendent of Public Instruction
(“Superintendent”) with the following qualifications:
(1.) Four (4) parents of high school students,
(2.) Two (2) high school principals, and
(3.) Two (2) high school athletic directors,
who shall serve a Four (4) year term. Any member who ceases to meet these
qualifications shall cease to be a member of the Panel, and the Superintendent shall
appoint a replacement member to serve out the remainder of the term.
b. the superintendent, or a designee, who shall be the chairperson of the Panel.
17-10.3 Panel Meetings
a. The Panel must meet monthly, unless there are no cases before the Panel. The Panel may
meet more frequently at the call of the chairperson. However, the chairperson must call a
meeting within five (5) business days, or as soon thereafter as a quorum can be assembled,
after the Panel receives a case in which time is a factor in relation to the scheduling of an
athletic competition.
b. A quorum of the Panel is five (5) members. The affirmative vote of the greater of the
majority present or Four (4) votes if less than Seven (7) members of the Panel are present
is required for the Panel to take action.
c. Upon receipt of a case, the Panel must do the following: (1) collect testimony and information
from both the IHSAA and the parent, and (2) place the case on the Panel’s agenda and
consider the case at a meeting of the Panel.
17-10.4 Panel Decision
a. Not later than Ten (10) business days after the meeting at which the Panel considers the
case, the Panel must issue a written decision that does One (1) of the following:
(1.) uphold the IHSAA’s decision,
(2.) modify the IHSAA’s decision, or
(3.) nullify the IHSAA’s decision.
b. The Panel shall promptly make a written ruling of its determination. The parties before the
Panel shall be permitted to submit a proposed written ruling for the Panel’s consideration.
c. A decision of the Panel applies only to the case before the Panel and does not affect any
rule of the IHSAA or decision under any rule concerning any student other than the student
whose parent referred the case to the Panel.
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