D.C. Mun. Regs. tit. 5, r. 5-F111

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-F111 - STATE ATHLETIC COMMISSION: ATHLETICS APPEALS PANEL

111.1

The DCSAC shall establish Athletics Appeals Panels (AAP) to hear appeals of:

(a) LEA decisions related to student eligibility; and

(b) Final written decisions of the DCSAA.

111.2

The Chairperson of the DCSAC shall appoint a separate AAP for each matter brought before the DCSAC.

111.3

The Chairperson of the DCSAC shall maintain the integrity of the appeal process.

111.4

Any Commissioner of the DCSAC who may be directly affected or whose member school or LEA may be directly affected by a potential decision related to an appeal shall disclose the conflict of interest, recuse himself or herself from consideration of the matter and shall not be appointed to an appeals panel for that matter.

111.5

In order to request an appeal of the decision of an LEA or the DCSAA, a party shall submit written notice of appeal to the Chairperson.

111.6

The Chairperson shall appoint the three voting members AAP and the assigned AAP within three (3) school days of receipt of a request for an appeal. The AAP shall schedule a hearing to occur within seven (7) calendar days of the appointment of the members of the AAP, where all parties shall be provided with the opportunity to present facts and all relevant arguments. The AAP shall notify the parties of the date, time, and location of the hearing. If a party is unable to be present on the date and time selected by the AAP, the party may request a continuance of the hearing.

111.7

The DCSAC AAP shall issue a written decision within five (5) school days of the hearing affirming or denying the decision of an LEA or the DCSAA.

111.8

An AAP shall be conducted as follows:

(a) An athletic appeals panel shall hear all issues relating to an appeal de novo, except that the evidence before the panel shall be limited to the record made before the LEA or the DCSAA unless a party seeks to introduce relevant evidence that, in the exercise of reasonable diligence, it could not have produced during the initial hearing on the complaint or that was improperly excluded from the initial hearing on the complaint;

(b) The presence of all members of the AAP is required in order for the hearing to take place. If all members of the AAP are not present, the hearing shall be postponed until a time when all members of the AAP are able to be present ;

(c) All testimony given before the AAP shall be under oath or affirmation;

(d) All persons at the AAP shall maintain decorum and good order at all times, and the AAP may exclude, or have removed, from the hearing any person deemed to be disruptive to the hearing process;

(e) If a party who requested an appeal does not appear for the hearing, and a continuance was not requested pursuant to § 111.6 was not granted, the AAP may proceed to act, and render a decision, based on the evidence before it;

(f) All hearings shall be recorded and the DCSAA shall compile a complete record of all evidence presented during the course of the hearing; and

(g) The DCSAA shall make a transcript of a hearing upon the request of a party, and if the DCSAA does not make a transcript of the hearing, it shall maintain an electronic copy of the hearing as part of the record.

111.9

The decision of the Commission shall be final. The party may appeal the Commission's final decision to the D.C. Superior Court, pursuant to D.C. Official Code § 11-921. Appeals must be received by the Clerk of the Superior Court no later than thirty (30) days after the date of the final decision.

111.10

A student whose eligibility is in question may play in DCSAA- approved interscholastic athletic competition during the appeal process. If the AAP finds against the student, the DCSAA may issue penalties against the member school and/or student, retroactively and for future eve nts.

111.11

In the event a member requires forfeiture of a contest already played, the AAP shall review the decision affirming or denying the forfeiture and shall provide the results of its findings and recommendations to the member school not later than five (5) school days after the date the matter is initially reported to the DCSAA.

D.C. Mun. Regs. tit. 5, r. 5-F111

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