mines that the final decision either:
a.
Erroneously applies SBE policies or other applicable laws; or
b.
Is not supported by the evidence, based on the following standards of review:
i.
For a ruling by a referee or official enforcing gameplay rules during an athletic com-
petition, the panel shall affirm the referee or official’s ruling and uphold the result-
ing penalty unless the aggrieved party presents clear and convincing evidence to
contradict the ruling.
ii.
For a final decision of a rule administrator regarding the application of any other
SBE policy, the panel shall affirm the final decision unless the aggrieved party
demonstrates that the final decision was not supported by substantial evidence, as
defined in G.S. 150B-2(8c).
9.
The panel may also remand the final decision to the rule administrator for reconsideration in light
of new information or evidence that was not provided to the rule administrator prior to its final
decision, if there is an intervening change in any relevant law, or if the panel determines that
additional information is necessary to inform its judgment. The panel shall not consider informa-
tion or evidence presented that was not presented to the rule administrator in the first instance.
10.
The Superintendent or designee may stay a determination of ineligibility, or a penalty imposed by
the rule administrator, pending the judgment of the appeals board if the Superintendent or designee
determines that:
a.
The aggrieved party has demonstrated a likelihood of success on the merits of the appeal;
and
b.
The aggrieved party is likely to suffer irreparable harm or loss of opportunity if the stay is
not granted.
11.
The panel’s judgment shall be deemed a final agency decision and not subject to further appeal to
the Superintendent or State Board of Education.
NCHSAA Application Note 1.4.2. The process for appeals set forth in ATHL-013 applies only to PSU Aggrieved Par-
ties.
(a)
“PSU Aggrieved Party(ies)” means an aggrieved party defined by ATHL-001, Section 1.b that is a PSU
or is under the jurisdiction of a PSU. “PSU Aggrieved Party(ies)” does not include a student or coach
at a member non-boarding parochial school, a member non-boarding parochial school, or any
other person or entity not under the jurisdiction of a PSU.
(b)
A PSU Aggrieved Party may appeal a final decision of the NCHSAA only by following the procedures
set forth in ATHL-013.
(c)
The appeal procedures set forth in ATHL-013 are also available on the NCHSAA’s website.
1.4.3
Appeals Process for Final Decisions With Respect to Non-Boarding Parochial Schools - Final decisions
of the NCHSAA with respect to non-boarding parochial schools may not be appealed to the appeals board as set
forth in Rule 1.4.2. However, it is the NCHSAA’s intent to afford member non-boarding parochial schools and associ
ated aggrieved parties a substantially equivalent appeals process. Non-Boarding Parochial School Aggrieved Parties
may appeal a final decision of the NCHSAA only by following the procedure in this rule.
(a)
“Non-Boarding Parochial School Aggrieved Party(ies)” means a student at a non-boarding parochial
school, a coach at a non-boarding parochial school, a member non-boarding parochial school, or
other party that is directly and adversely affected by a final decision of the NCHSAA with respect to
a non-boarding parochial school. A PSU Aggrieved Party is not a Non-Boarding Parochial School
Aggrieved Party. If a student is affected, the student’s parent shall be allowed to appeal the final
decision.
(b)
A Non-Boarding Parochial School Aggrieved Party may file an appeal with the NCHSAA within five
days after receipt of the final decision by sending the appeal to the Commissioner of the NCHSAA
(que@nchsaa.org).
(c)
A Non-Boarding Parochial School Aggrieved Party’s appeal shall meet the requirements of ATHL-
013, Section 3.a-i, except that any reference in that policy to “PSU” or “local superintendent” shall
not apply.
(d)
The NCHSAA may dismiss the appeal if (1) it is not from a final decision, as defined in Rule 1.4.1(a),
(2) the filing party is not a Non-Boarding Parochial School Aggrieved Party, (3) the appeal is not
timely, or (4) the appeal does not contain the information required by Rule 1.4.3(d) (except that the
NCHAA shall provide notice and a reasonable opportunity to correct such deficiency in informa-
tion).
(e)
The procedures in ATHL-013, Section 5 shall apply except that the Commissioner of the NCHSAA (or
designee) may file the response, and the Executive Committee may shorten the time for filing.
(f)
The procedures in ATHL-013, Section 6 shall apply except that no party shall be required to provide
information to a “local superintendent.”
35