MIME-Version: 1.0 Content-Location: file:///C:/30694675/By-Law1025.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" 1025

1025.0      APPEAL PROC= EDURE

  &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;      

=  

=         All disputes or controversies relating to student eligibility, member schools, event officials or other matters arising under the Constitution, By-Laws, R= ules or Regulations of the Missouri State High School Activities Association sha= ll on request be reviewed by the Executive Director, provided, however, the initial rulings on student eligibility arising under the Constitution, By-L= aws, Rules or Regulations of the Missouri State High School Activities Associati= on shall be made by the local school authorities in accord with due process procedures established by the Board of Education or governing board of the school.

=  

=         Each request for review shall contain full information including charges, all evidence available, and in the case of student eligibility, the school̵= 7;s ruling. The Executive Director shall issue an opinion on the dispute or controversy within seven (7) days after receiving the request, and shall in= form the school or other interested party thereof.

=         In the case of student eligibility, the student shall be notified through his = or her school administrator. The Official Handbook of the Missouri State High School Activities Association is the instrument for informing schools of the regulations they have adopted and are committed to uphold. In a case of a school violation, the opinion of the Executive Director shall be advisory o= nly.

=  

=         The Executive Director is authorized to take immediate action on sportsmanship cases as provided under MSHSAA By-Law 810-a and to rule on disputes involvi= ng the application of game rules or disputes involving the provisions establis= hed by the Board of Directors to administer district and state tournaments or festivals sponsored by the Association.

=         a.     If any interested= party is aggrieved by an opinion or decision of the Executive Director, then such party may appeal through the Executive Director in writing for a review by = or a hearing before the Appeals Committee. The request for such a review or hear= ing shall be submitted within ten (10) days following the Executive Director’s opinion or decision.

=         &= nbsp;       1.     The Appeals Commi= ttee will schedule a review or hearing as requested, no later than its first regularly scheduled meeting after receiving = the written appeal.

=         &= nbsp;       2.     In the event of a hearing, any interested party will be given the opportunity to testify and present evidence, and the school(s) shall be represented by an administrati= ve officer.

=         &= nbsp;       3.     The Appeals Commi= ttee shall render a written decision not later than seven (7) days after the rec= eipt of all requested information and closure of the hearing or review setting f= orth the reasons for the decision.

=         b.     An appeal may be = made by any interested party to the Board of Directors of any decision rendered = by the Appeals Committee. A written request for an appeal must be filed through the Executive Director with the Board of Directors within ten (10) days following the ruling by the Appeals Committee.

=         &= nbsp;       1.     The Board of Dire= ctors will schedule a hearing no later than its first regularly scheduled meeting after receiving the written request.

=         &= nbsp;       2.     Any interested pa= rty will be given the opportunity to testify and present evidence, and the scho= ol shall be represented by an administrative officer.

=         &= nbsp;       3.     The Board of Dire= ctors shall render a written decision not later than seven (7) days after the rec= eipt of all requested information and closure of the hearing, setting forth the reasons for the decision.

=         c.     In emergency cases which are appealed to either the Appeals Committee or the Board of Directors the following definition and procedure shall apply:

=         &= nbsp;       1.     Emergency cases s= hall be those in which the time and circumstances do not reasonably allow for the convening of a quorum of the Appeals Committee or the Board of Directors as determined in the sole discretion of the chairperson of the Appeals Committ= ee or President of the Board of Directors respectively.

=         &= nbsp;       2.     In such cases, the chairperson or President may appoint a panel of three members of the Commit= tee or Board, respectively, to hear and rule on appeals that arise between regu= lar meetings.

=         &= nbsp;       3.     A majority vote o= f the members participating shall be required for any action of the respective panels. A decision of such panel shall be considered a decision of the Appe= als Committee or of the Board of Directors, respectively.

 

 <= /o:p>