D.C. Mun. Regs. tit. 5, r. 5-F110

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-F110 - COMPLAINTS OR CHALLENGES PROCEDURES
110.1

The DCSAA, on its own motion, or upon receipt of a complaint or challenge submitted in accordance with this section, may investigate conduct that would constitute a violation of the requirements of this chapter. The DCSAA shall hear and decide complaints or challenges:

(a) Related to its membership standards;
(b) Arising under the DCSAA handbook including sections that pertain to school membership, member school staff conduct, member school staff responsibilities, duties, and requirements, conduct of practices, scrimmages, and contests, health safety and wellness, DCSAA policies, and penalties; or
(c) Related to participant eligibility arising between a DCPS and non-DCPS member school participating in a DCSAA-approved competition or arising between a member school and non- member school participating in a DCSAA-approved competition.
110.2

Any complaints or challenges shall be submitted to the DCSAA as follows:

(a) A complaint or challenge shall be presented in writing and signed by the submitting party and mailed, hand delivered, or sent electronically to the DCSAA; and
(b) The complaint or challenge shall include any necessary supporting documentation.
110.3

Once the written complaint or challenge is submitted to DCSAA, the DCSAA shall:

(a) Confirm receipt of the complaint or challenge;
(b) Inform the member school and/or LEA of the complaint or challenge; and
(c) Provide the member school with the opportunity to respond, in writing, to the complaint or challenge within five (5) school days of the date on which the DCSAA notification of complaint was received by the member school pursuant to § 110.3(b).
110.4

The DCSAA may request further supporting documentation necessary to make findings or issue a decision regarding a complaint or challenge. If the DCSAA requests additional supporting documentation, the request for the documentation shall state a date by which the additional documentation must be submitted. Parties shall comply with DCSAA requests for information related to the allegations in the complaint or challenge.

110.5

Failure to provide all required documentation to the DCSAA may result in an unfavorable decision for the party that fails to provide the required information.

110.6

The DCSAA shall issue written findings and/or a decision regarding the complaint or challenge within ten (10) school days of the DCSAA receiving the report described in § 110.3.

110.7

If an eligibility question arises that requires a review of a member school or LEA's eligibility determination, the DCSAA may request to review the documents that were used by the member school or LEA to determine eligibility subject to relevant federal and local student privacy laws, regulations, and policies. The DCSAA will request, through a member school and/or LEA, from a parent, legal guardian, or the adult student, to sign a consent form, for release of information authorizing the release of eligibility files. Such DCSAA requests will include the reasons supporting the request and will specify the record or records needed for review. Failure to provide consent upon written request from the DCSAA will result in the student whose eligibility is being questioned to be deemed ineligible to participate in any official contest of an approved DCSAA sport or activity.

110.8

The DCSAA's decision may be appealed to the DCSAC AAP in the manner set forth in § 111. Failure of the DCSAA to adhere to the procedures for processing a complaint may be submitted to the DCSAC AAP for remedy. If a decision is not appealed to the DCSAC AAP within five (5) business days, the DCSAA decision shall be final.

D.C. Mun. Regs. tit. 5, r. 5-F110

Final Rulemaking published at 67 DCR 2867 (3/13/2020)