information to make it possible to reach a decision without further investigation. All corre-
spondence and documents pertinent to the request must be submitted for review simulta-
neously with the request, including a copy of the student's scholastic and attendance data
since initial entry in the ninth grade. In cases involving medical questions, the request for
waiver must be accompanied by the statement(s) of one or more qualified medical expert(s)
explaining the medical aspect of the request.
(2)
The principal shall state in the request which part of the waiver rule, ATHL-005, Section
11.a, b or c is being invoked and why. In cases involving a waiver request under ATHL-005,
Section 11.a, the principal shall explain why, in the view of the school and its administrators,
enforcing the eligibility requirement at issue would fail to promote academic progress,
health, safety, and fair play. In cases involving a waiver request under ATHL-005, Section
11.b, the principal shall explain the undue hardship at issue and how it impacted the stu-
dent's eligibility. In cases involving medical questions, the request for waiver must be
accompanied by the statement(s) of one or more qualified medical expert(s) explaining the
medical aspect of the request. In cases involving a disability accommodation under ATHL-
005, Section 11.c, the principal shall explain what accommodation has been made and why
enforcing the eligibility requirement at issue would be inconsistent with that accommoda-
tion.
NOTE: It is the responsibility of the school submitting the waiver request to have any docu-
ments translated that might be in a language other than English, and to include both the
original document and the translation with the request.
(b)
The NCHSAA will issue its final decision on the waiver request in accordance with Rule 1.4.1. A PSU
wishing to appeal the decision by the NCHSAA on a request for a waiver may appeal to the appeals
board (defined in ATHL-013, Section 1) as provided by law. The current procedure for appeals to
the appeals board is available in Rule 1.4 and on the website of the NCHSAA. Any member non-
boarding parochial school wishing to appeal may appeal as set forth in 1.4.3.
(c)
The decision of the appeals board (defined in ATHL-013, Section 1) on a PSU's appeal is final.
(d)
The decision of the NCHSAA Executive Committee or Board of Directors on any non-boarding
parochial school's appeal is final.
1.4
FINAL DECISIONS AND APPEALS
1.4.1
Final Decision of NCHSAA
(a)
As to any question or dispute involving the enforcement of any State Board Policy (including as
extended to all membership entities) governing interscholastic athletics, other than a ruling by a
referee or official enforcing gameplay rules during an athletic competition, such question or dispute
shall first be directed to the Commissioner; the Commissioner, or the Commissioner’s designee,
shall provide the NCHSAA’s written final decision on such question or dispute, including, if applica-
ble, the imposition of a penalty allowed by the State Board and/or NCHSAA penalty rules, within
ten business days. If this final decision is given orally then, as soon as is reasonably possible there
after, this final decision must be reduced to writing.
(b)
The written final decision of the NCHSAA will comply with ATHL-002, Section 10.
(c)
If the NCHSAA finds that a member school committed a rule violation and imposes a penalty, the
NCHSAA, in its discretion, may notify another member school that reported the suspected violation
of the finding and penalty.
1.4.2
Appeals Process for PSU Aggrieved Parties – Any PSU Aggrieved Party(ies) (as defined in Application
Note 1.4.2(a)), seeking to appeal a final decision set forth in NCHSAA Rule 1.4.1(a) to the Superintendent shall do
so in accordance with ATHL-013 Appeals. The NCHSAA shall coordinate and administer the process for appeals as
established by ATHL-013, which provides:
1.
The Superintendent of Public Instruction (“Superintendent”) shall appoint an independent inter-
scholastic athletics appeals board (“appeals board”) to hear and act upon appeals from a final deci-
sion of a rule administrator regarding the application or enforcement of SBE policies and corre-
sponding administrative rules governing interscholastic athletics.
2.
The jurisdiction of the appeals board shall be limited to final decisions concerning the application
or enforcement of SBE policies in the ATHL Policy Series and their corresponding administrative
rules, codified at Title 16, Subchapter 6E, Section .0200 of the North Carolina Administrative Code.
The appeals board shall have no jurisdiction over appeals that concern the application or enforce-
ment of a policy, rule, or law, including local policies of a public school unit, that are outside the
scope of those policies and rules.
3.
An aggrieved party may file an appeal with the Superintendent within five days after receipt of the
final decision by completing an appeal form provided by the Superintendent. The aggrieved party
shall submit the following information required by the form:
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