The Ohio High School Athletic Association

OHSAA Appeals Process
and Frequently Asked Questions

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OHSAA Appeals Process

A. 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 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 5-7-1 (8), the Board of Control is empowered to “hear appeals of rulings made by the Commissioner and may adopt, modify or set aside the rulings of the Commissioner.” In discharging its obligations under the Constitution, the Board of Control is bound by the limitations set forth in the Constitution and Bylaws. Neither the Commissioner nor the Board of Control 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 8-1-1.

Frequently Asked Questions

Q 1.  Who may initiate the appeal to the Commissioner?

A. Appeals to the Commissioner 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.

Q 2. What type of investigation and hearing is conducted by the Commissioner?

A. All questions presented to the Commissioner 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.

Q 3. May a person request a conference with the Commissioner even after someone within the Commissioner’s office has made an initial ruling?

A. Because many eligibility questions are answered by a person from the Commissioner’s staff, or because new evidence may come to light or further clarification may be necessary, a person can request a conference with the Commissioner before initiating an appeal to the Board of Control. Likewise, the Commissioner may request a person to attend a conference at the OHSAA office for any of the same purposes outlined herein.

Q 4.  To whom are appeals of a decision rendered by the Commissioner made?

A.  All rulings made by the Commissioner may be appealed to the Board of Control. The Board of Control meets for regularly-scheduled meetings 10 times during the year (once a month for each month except November and March), and all of the meeting dates are published at least one year in advance.

Q 5. How does someone appeal a decision made by the Commissioner?

A. To appeal a ruling by the Commissioner, a person must notify the Commissioner at least 24 hours in advance of the date of the hearing at which that person intends to make their appeal. In so notifying the Commissioner, the person must also provide notice as to who will be attending the appeal hearing with them. Failure to so notify the Commissioner of additional attendees could result in the Board of Control denying those individuals the opportunity to be heard.

Q.6. Who may appeal rulings made by the Commissioner?

A.  Any person who can appeal to the Commissioner may also appeal to the Board of Control.

Q 7. Who may attend the hearing on appeal to the Board of Control?

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.

The appellant may invite representatives on their behalf as well as support personnel provided they have notified the Commissioner in advance of their attendance. The Board of Control reserves the right to prohibit the attendance of any invited “guest” who will not be contributing in any manner to the appeal.

The Commissioner and the Board of Control 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.

Q 10. What kind of record is made of the appeal proceedings?

A. Generally, the only record of the proceedings is the private notes taken by any individual in attendance. The OHSAA does not usually  provide a court reporter during these proceedings; however, the Board of Control reserves the right to have a court reporter present if it deems it necessary or appropriate. In the event the OHSAA intends to have a court reporter present, the appellant will be so notified. The appellant has the right to have his/her own court reporter present, but shall be responsible for any and all expenses associated therewith.

Q 11. What is the standard of review used by the Board of Control during this appeal process?

A. It is important that appellants understand that unless specifically provided in the particular Bylaw, the Board of Control 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.

Q 12. 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.

Q 13. 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 Control. 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 reasonable prudent persons rely in the conduct of serious affairs.

Q 14. 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.

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