(g)
No later than 30 days after the Commissioner’s receipt of the appeal, the appeal shall be decided
either (i) by the Executive Committee, or (ii) by the Board of Directors, if referred by the Executive
Committee to the Board of Directors.
(h)
The Executive Committee or the Board of Directors, whichever decides the appeal, shall affirm the
decision of the Commissioner or designee unless a majority of the body hearing the appeal deter-
mines that the final decision either:
(1)
Erroneously applies State Board Policies, NCHSAA rules, or other applicable laws; or
(2)
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 body hearing the appeal shall affirm the referee or official’s ruling and
uphold the resulting penalty unless the Non-Boarding Parochial School Aggrieved
Party presents clear and convincing evidence to contradict the ruling.
(ii)
For a final decision of the NCHSAA regarding the application of any other SBE policy
(as extended to all membership entities), the body hearing the appeal shall affirm
the final decision unless the Non-Boarding Parochial School Aggrieved Party demon-
strates that the final decision was not supported by substantial evidence, as defined
in G.S. 150B-2(8c).
(i)
In the alternative, the Executive Committee or the Board of Directors, whichever decides the appeal,
may also remand the final decision to the Commissioner for reconsideration in light of new infor-
mation or evidence that was not provided to the Commissioner prior to the final decision, if there
is an intervening change in any relevant law, or if the body hearing the appeal determines that addi-
tional information is necessary to inform its judgment. The body hearing the appeal shall not con-
sider information or evidence presented that was not presented to the Commissioner in the first
instance.
(j)
The Executive Committee or the Board of Directors may conduct a live hearing in person or via tele
conference. Any hearing so conducted shall be recorded.
(k)
The Executive Committee may stay a determination of ineligibility or a penalty imposed by the
NCHSAA pending the final decision of the Executive Committee or the Board of Directors if the
Executive Committee determines that (1) the Non-Boarding Parochial School Aggrieved Party has
demonstrated a likelihood of success on the merits of the appeal; and (2) the Non-Boarding Parochi-
al School Aggrieved Party is likely to suffer irreparable harm or loss of opportunity if the stay is not
granted.
(l)
A decision of the Executive Committee will be final, or, if the appeal is referred to the Board of Direc-
tors, a decision of the Board of Directors will be final.
1.5
RECRUITING/UNDUE INFLUENCE - The NCHSAA applies and enforces ATHL-009 LIMITATIONS ON RE-
CRUITING AND UNDUE INFLUENCE, which provides:
1.
No student, coach, professional educator, or other employee of a PSU or administering organization
shall subject a student to undue influence for the purpose of inducing or causing the student to
transfer from one participating school to another to participate in interscholastic athletics on behalf
of the receiving school.
2.
For purposes of this Policy, “undue influence” means communication or conduct undertaken for the
purpose and intent of soliciting or encouraging a student to enroll in a participating school, includ-
ing the following:
a.
Initiating or arranging communication or contact in any form, including letters, email, or
phone calls, with the student or an immediate family member of the student.
b.
Visiting or entertaining the student or an immediate family member of the student.
c.
Providing or arranging for transportation for the student or an immediate family member of
the student to visit a participating school or meet with anyone associated with the partici-
pating school.
d.
Communicating to a student or an immediate family member of the student, either implic-
itly or explicitly, that a participating school’s athletic program or sports team is superior to
that of another participating school, or that it would be advantageous for the student to
participate in athletics at a specific participating school. Such communication may be oral,
written, or audiovisual in format.
3.
A party alleging undue influence shall direct the initial inquiry or report to the appropriate admin-
istering organization in accordance with the procedures adopted by the administering organization.
The party alleging undue influence bears the burden of proving undue influence by a preponder-
ance of the evidence.
4.
If the administering organization finds by a preponderance of the evidence that the accused party
has engaged in undue influence, the administering organization shall impose penalties consistent
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