Page 98 - 2023-24 By-Laws

Rule 17 - Investigations ... Waivers

17-10.5 Judicial Review
a. If the IHSAA or the student’s parents who referred a case to the Panel disagrees with the
decision of the Panel, the IHSAA or the student’s parents may file a legal action to review
the Panel’s decision (“judicial review”).
b. An action for judicial review must be filed with a court with jurisdiction not later than forty-
five (45) days after the Panel issues its decision.
c. In an action for judicial review, a court may reverse the Panel’s decision if the court, upon
its own review of the facts and issues involved in the decision and the applicable rule of
the IHSAA, determines that the decision of Panel, or the IHSAA’s decision upheld by the
Panel, is:
(1.) not a fair and logical interpretation or application of the IHSAA’s rules:
(2.) arbitrary , capricious, an abuse of discretion, or otherwise not in accordance with the
law;
(3.) contrary to constitutional right, power, privilege, or immunity;
(4.) in excess of statutory jurisdiction, authority, or limitations, or short statutory of rights;
(5.) without observance of procedure required by law, or
(6.) unsupported by substantial evidence.
d. A court reviewing a Panel’s decision may do the following:
(1.) Affirm the Panel’s decision,
(2.) Modify the Panel’s decision,
(3.) Review the Panel’s decision, and remand the action to the Panel for action directed
by the court.
e. Should the IHSAA fail to follow the hearing and appeals procedures described in rules 17-4
and 17-10, a student’s parent may proceed directly to a court with jurisdiction to resolve
a dispute.
Q & A
Penalties - Generally
Q. 17-1 What will the penalty be for the violation of an IHSAA rule?
A. Penalties are not assigned in advance, as the IHSAA, a democratic organization,
is built on the idea that the observance of its rules and regulations is more to be
desired than the enforcement of them. The IHSAA believes that the essence of
proper and willing observance is higher than enforcement and that the IHSAA
should resort to enforcement only when observance fails.
Full Eligibility Under the General Waiver rule
Q. 17-2 How does a student bring to the attention of the IHSAA the fact that he/she
has transferred Schools without a parental change in residences, however, he/
she has a valid non-athletic reason for transferring, and what does the student
need to show to establish that the transfer qualifies for full eligibility under the
General Waiver Rule, rule 17-8.1?
A. A student who believes that the circumstances of the transfer qualifies for full
eligibility under the General Waiver Rule (rule 17-8.1), is obligated to make the
application for the waiver a part of the student’s Transfer Report. Any waiver
request must be substantiated with documents and statements showing a clear
basis for a waiver. The failure of a student to provide evidence and proof of
the circumstances supporting the waiver, and especially the failure to even
request a waiver on the Transfer Report, indicates that the transfer may not
really be the result of the circumstances offered to support the waiver request.
(rule 19-8.1)
Q. 17-3 A student’s family claims that it cannot afford to send a student to a Private
School because of an increase in tuition costs at the Private School, or because
the family’s financial situation has had a negative change, and as a result, the
family cannot afford the cost of the Private School. Can the student get full
eligibility under the General Waiver Rule, rule 17-8.1?
A. A tuition-paying Private School student may successfully show a ‘hardship
condition’ based on a substantial negative change in financial conditions,
however, the student must show that the change was unforeseeable,
permanent, substantial, and significantly beyond the control of the student and
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