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Efficiently and Effectively
Conducting Student Hearings
and Appeals
Robert M. Baker III, General Counsel INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC.
9150 N. Meridian St., Indpls., IN 46260 317.846.6601 ◊ [email protected]
Efficiently and Effectively
Conducting Student Hearings
and Appeals
The Indiana approach to
student athlete due process:
(the who-what-where-when-how-why)
Efficiently and Effectively Conducting Hearings and Appeals
THE WHY………..…………………..
The IHSAA …..is a private, not-for-profit corporation
composed of over 410 high school
…..has about 350+ public and about 50+
private and charter; but no home schools
Efficiently and Effectively Conducting Hearings and Appeals
THE WHY (cont)………………………..
…… has been in business since 1903, but formal administrative hearings have only been around since 1976
…… established IHSAA General Eligibility Rule
17 (the “due process rule”) because of Lawsuits and a need to create a record.
Efficiently and Effectively Conducting Hearings and Appeals
THE WHY (cont).……..………………..
IHSAA’s policy considerations
Wants to provide a full and fair hearing
Wants to make a right and a fair decision
Wants to make the proceedings as error-free as possible
Efficiently and Effectively Conducting Hearings and Appeals
THE WHY (cont).………..……………..
And the most important consideration for the association’s lawyer………
Wants to make the decision as defensible as possible
Efficiently Conducting Hearings and Appeals
WHO……...…………………………..
Due process is available to all students (and actually, to other parties affected by a rule or decision of the IHSAA)
Students enrolled at IHSAA member school
Also to School members and other “affected” persons or entities
Efficiently and Effectively Conducting Hearings and Appeals
WHAT……….………………………..
Any decision or ruling of the IHSAA can be appealed, EXCEPT
Protests of contest decisions
Protests of administrative decisions
Efficiently and Effectively Conducting Hearings and Appeals
WHERE…………..…………………..
The IHSAA has a three level administrative appeal process available to affected students:
The initial decision is made by the IHSAA Commissioner or an assistant Commissioner (e.g. student is athletically ineligible following a school transfer)
Efficiently and Effectively Conducting Hearings and Appeals
WHERE…………..…………………..
A student may appeal that decision to the IHSAA Review Committee (internal committee)
This the chief due process step taken by dissatisfied and ineligible student athletes.
Annually, the IHSAA has 30-50 hearings
Efficiently and Effectively Conducting Hearings and Appeals
WHERE (cont)…...……………………..
And then if the decision made by the Review Committee is adverse to the student, the student can appeal:
To the Case Review Panel, or the ‘CRP’,
another administrative appeal body run by the Indiana Department of Education
Efficiently and Effectively Conducting Hearings and Appeals
WHERE (cont)…...……………………..
And finally, if the decision from the CRP is adverse to the student, the student has one last ‘appeal’:
The student can file suit and ask the local judge to take another look at the ruling.
Efficiently Conducting Hearings and Appeals
WHEN………………………………..
The first decision is made by the Commissioner, and if adverse to the student, it must be promptly appealed: An appealed to the Review Committee
in 7 days of its issuance
BUT, belated appeals are almost always permitted.
Efficiently and Effectively Conducting Hearings and Appeals
HOW…….……………………………
Establish clear rules of procedure and explain them
Rule 17 – 8 pages
Staff and counsel answer questions about procedure, BUT NOT ABOUT THE CASE
Efficiently and Effectively Conducting Hearings and Appeals
HOW (cont)……………………………
Use easy-to-use, understandable procedural forms and decision forms
Prepare instructions and forms with text which is in layman’s terms
Have the decisions/rulings themselves be detailed (for the Court)
Efficiently and Effectively Conducting Hearings and Appeals
HOW (cont)……………………………
Continually train and seek consistency:
The executive staff (who make the original decisions)
The hearing officer (conducting the hearing)
The panel members (making the decision)
Efficiently and Effectively Conducting Hearings and Appeals COMMISSIONER’S
REVIEW PROCESS
Subjects of the Commissioner’s rulings:
Transfer Reports (4000+ forms per
year)
Other rule violations (age, 8-semester,
academic)
Reports from School and from 3rd
Parties
Efficiently and Effectively Conducting Hearings and Appeals COMMISSIONER’S
REVIEW PROCESS (cont)
Keys to an effective (and timely) Commissioner decision making:
Submission of all information from parties
Prompt investigate by Commissioner
Make a prompt Commissioner decision
Efficiently and Effectively Conducting Hearings and Appeals COMMISSIONER’S
REVIEW PROCESS (cont)
Subject of Review Committee Decisions
Transfer Rule eligibility
………simple [rule and decision]
Non-Transfer Rule decisions
…….detailed
Always notify of appeal right
Efficiently and Effectively Conducting Hearings and Appeals COMMISSIONER’S
REVIEW PROCESS (cont)
Student Initiating Appeal of Commissioner’s Decision:
Simple process: just ask for an appeal
AGAIN, while rule requires a request within 7 days, waiver of the time limitation is always given
Efficiently Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS
Promptness: IHSAA has scheduled hearing dates throughout the year – (2X per month in the fall)
Notice of hearing sent with instructions on the appeal, an agenda for the appeal hearing and easy-to-use forms (witness statement forms)
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Pre-hearing filing of testimony and exhibits
All testimony, exhibits, witness identity and counsel identity is submitted at least 3 days before hearing
Pre-filings distributed to (i) committee, (ii) student and (iii) association
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
The IHSAA’s preparation for Hearing
Witnesses: Contact sending school and witnesses, secure summary of testimony
Exhibits: Obtain copies of all potential documents
Decide whether to play best hand?
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Hearing policy consideration
Centralized or satellite procedure?
Open or Closed door?
Formal or Informal?
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Conference-style or Courtroom-style?
Hearing Officer or Panel or both?
Board members on panel?
Limitation on time?
Swear in
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Tape recorder or court reporter?
Transcript?
Translators?
Attorneys present?
Presentation by staff or counsel?
Rules of evidence?
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Laying foundation for successful Hearing
Provide Hearing Officer with a
detailed script
Require submissions placed into
the Record
Pre-hearing conference
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Conducting the Hearing
Presentation of the case by the
Association (15 minutes)
Presentation of student’s case (15
minutes)
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Questions by Committee
Questions by IHSAA
Questions by Student
Open questioning by everyone
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Closing statement by Student
Closing statement by IHSAA (counsel)
Student acknowledgement of a full and fair hearing
Arrange for post-hearing submissions of proposed decisions
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS (cont)
Making the decision
Panel have immediate closed door discussion = straw vote
Transcript (dirty copy)
Post hearing submissions
Efficiently and Effectively Conducting Hearings and Appeals REVIEW COMMITTEE
PROCESS ()
Corral all the proposed decisions and send in one package to the committee
Electronic meetings of committee
Get final approval of decision
Issue detailed decision (Cert. Mail)
Efficiently and Effectively Conducting Hearings and Appeals
CASE REVIEW PANEL
PROCESS
If the decision is adverse to the Student, the Student has one choice:
Must seek review to the Case Review Panel which is administered by the august Indiana Superintendent of Public Education
Efficiently and Effectively
Conducting Student Hearings
and Appeals
END
