OHIO HIGH SCHOOL ATHLETIC ASSOCIATION APPEALS PROCESS

INTRODUCTION

In accordance with OHSAA Bylaw 3-1-1 and the Board of Education Resolution by which each school renews its membership in the Ohio High School Athletic Association (“OHSAA”), the principal in each member school is the level of primary enforcement for all matters pertaining to interscholastic athletics including issues of eligibility. Notwithstanding this however, the member schools through the Constitution and Bylaws and Board of Education Resolution have charged the Commissioner’s office of the OHSAA with deciding “all questions and interpretations of the Constitution, Bylaws and Regulations, and shall impose and enforce penalties.” Constitution Article 6, Section 6-1-2.

Pursuant to Constitution Article 5, Section 5-6-1 (8), the Board of Directors is empowered to “establish an appeals procedure, hear appeals of rulings made by the Commissioner’s office and may adopt, modify or set aside the rulings of the Commissioner’s office.” In discharging its obligations under the Constitution, the Board of Directors is bound by the limitations set forth in the Constitution and Bylaws. Neither the Commissioner’s office nor the Board of Directors has any authority to alter, amend, change, delete or add to the Bylaws, as only the member schools have the authority to do so. Constitution Article 8, Section 8-1-2.

APPEALS TO THE COMMISSIONER’S OFFICE

Frequently, the first time anyone in the Commissioner’s office has even heard of your situation is after an administrator in your school has made an initial determination. Thus, in most cases, when the Commissioner’s office first entertains your case, it is actually an appeal of the member school’s decision.

FREQUENTLY ASKED QUESTIONS

Q1. Who may initiate the appeal to the Commissioner’s office?

A. Appeals to the Commissioner’s office may be initiated by students, parents of the student, school administrators, coaches, contest officials or any other person having a vested interest in the issue presented to the Commissioner’s office.

Q2. What type of investigation and hearing does the Commissioner’s office conduct?

A. All questions presented to the Commissioner’s office are investigated by the Commissioner or someone from the Commissioner’s staff, albeit different levels of investigation are dictated by the nature of the issue presented. Often times all relevant facts necessary for disposition of that appeal are produced in the very same telephone call in which the issue is raised. Other matters may require further investigation, and in some instances the Commissioner may hire an independent investigator and conduct more formal hearings.

Q3. To whom are appeals of a decision rendered by the Commissioner’s office made?

A. All rulings made by the Commissioner’s office may be appealed to the Board of Directors. The Board of Directors meets for regularly scheduled meetings nine times during the year (once a month for each month except November, March, and July), and all of the meeting dates are published at least one year in advance on the OHSAA web site.

Q4. How does someone appeal a decision made by the Commissioner’s office?

A. To appeal a ruling by the Commissioner’s office, you must notify the Commissioner’s office no later than 4:00 PM on the Thursday preceding the date of the hearing at which that person intends to make his or her appeal. In so notifying the Commissioner’s office, the person must also provide notice as to who will be attending the appeal hearing with him or her. Failure to so notify the Commissioner’s office of additional attendees could result in the Board of Directors denying those individuals the opportunity to be heard.

Q5. Who may appeal rulings made by the Commissioner’s office?

A.  Any person who may appeal to the Commissioner’s office may also appeal to the Board of Directors.

Q6. Who may attend the hearing on appeal to the Board of Directors?

A. In order to protect the privacy of students and their families, and in compliance with the rights afforded students and their families pursuant to the Family Education Rights and Privacy Act (“FERPA”), these hearings are closed to the public.

A representative of his/her/their choosing may accompany the appellant(s). Other immediate family members or interested parties may also be permitted to observe the appeal hearing, not to exceed five (5) persons, at the discretion of the Board President; provided, however, that the Board President shall have the authority to require the separation of witnesses as he/she may deem appropriate. The appellant or representative shall have the opportunity to present evidence through witnesses or documentary evidence, supporting the position as to why the appeal should be granted. No more than one-half hour will be allowed for this purpose unless the Board President permits an extension of time. Cross-examination of the members of the Board of Directors or OHSAA staff members shall not be permitted.

The Commissioner and the Board of Directors have the authority to compel the attendance of school personnel at this hearing, and either may exercise that authority if it is perceived that their attendance is necessary to assist in understanding facts relevant to the disposition of the appeal. In addition, the Commissioner and staff may be present at and throughout the appeal as well as the OHSAA legal counsel.

Q7. What kind of record is made of the appeal proceedings?

A. An “official record” of the proceedings shall be made by the President (or the designee of the President) of the Board of Directors. This record can be a simple electronic recording (audio only or audio-visual) or by stenographic means. Likewise, any party to the appeal has the right to have his/her own court reporter present, however that party shall be responsible for any and all expenses associated with their own reporter.  At the close of the hearing, the President of the Board of Directors shall require the official record to be maintained at the OHSAA for safekeeping.  Such record shall be retained by the OHSAA for a period of not less than four (4) years.

Q8. What is the standard of review used by the Board of Directors during this appeal process?

A. It is important that appellants understand that unless specifically provided in the particular Bylaw, the Board of Directors has no authority to waive the requirements of the Bylaws. The standard of review is not whether the case is deserving of a “waiver” but rather whether the Commissioner, in rendering his/her ruling, made a mistake of fact, mistake of interpretation/application of the Bylaw in question, neglected to consider another Bylaw that may be controlling or was arbitrary in his/her decision.

All appeals to the Board of Directors shall be conducted as a de novo review, meaning that the Board shall consider the evidence as if it is being presented for the first time, without being in any way bound by the original actions or determinations of the Commissioner’s office.

Q9. When and how will the appellant be notified of the Board’s decision?

A. Within 48 hours of the appeal hearing, the Board will render a decision unless the Board determines that more information from the school or other sources is necessary. Appellants will be notified of the Board’s decision by certified mail.  Because of the nature of the appeal, there may be instances where the school is first to learn of the outcome of any appeal. This notice procedure is meant to expedite the information in order to minimize any negative impact from such a decision and to maximize the positive impact (e.g. the appeal is granted and the student-athlete is eligible for that afternoon’s contest) it may have on student-athletes.

Q10. Address the OHSAA’s standard of proof at fact-finding hearings.

A. A fact-finding hearing is not to be confused with an appeals hearing to the Commissioner or Board of Directors. Generally speaking, a fact-finding hearing is one conducted by the Commissioner usually following an investigation by a member of the Commissioner’s staff or an independent investigator.

The Commissioner shall then make his/her findings based on information presented that the Commissioner determines to be credible, persuasive and of a kind on which reasonably prudent persons rely in the conduct of serious affairs.

Q11. Address the OHSAA’s subpoena power.

A. The OHSAA does not have subpoena power. However, pursuant to Article 6-1-2 of the Constitution, the Commissioner can compel the attendance of various school personnel at any hearing conducted by the OHSAA.