PHILOSOPHY OF STUDENT APPEALS OF INELIGIBILITY: The purpose of the appeal process is to provide students declared ineligible for athletic competition a clear explanation for their ineligibility and a procedure whereby they are afforded a full and reasonable opportunity to contest their ineligible status.  AFFIRMATION OF ASSOCIATION GOALS 2, 4 AND 8.  THEREFORE:

19.1.0        APPEAL PROCEDURE FOR STUDENTS - The following sections are the procedures for a student to appeal ineligibility to participate in interschool activities.

                   19.1.1                 For basis of an appeal, see Article 18.21.0, hardship cases.

19.2.0        PURPOSE - The purpose of these provisions is to prescribe in detail the procedure whereby a student who wishes to contest the reasons for his/her alleged ineligibility to participate in an interschool activity under eligibility standards established by the WIAA shall be afforded a fair opportunity to petition the appropriate governing board(s) of the WIAA to obtain a full and open review.

19.3.0        PROCEDURES FOR INFORMING STUDENT OF INELIGIBILITY- Each school district superintendent or his/her designee(s), having reasonable cause to believe that a student is ineligible to participate in or continue in an interschool activity under the Rules and Regulations of the WIAA, shall provide the student with notice of his/her ineligibility either by certified mail or by delivering said notice in person.  The notice shall:

                                A.             Specify the reason(s) for the alleged ineligibility and the rule being violated.

                                B.            Advise the student of his/her opportunity to request a hearing in order to contest the reason(s) for the alleged ineligibility.

                                C.            State that a written petition for a hearing can be served upon the WIAA District Eligibility Committee, or its designee, on or before the expiration of the third school business day after receipt of the Notice of Opportunity for a hearing.

                                D.            Specify how the petition for hearing can be served upon the WIAA District Eligibility Committee or its designee by providing an address for that Committee or its designee.

                                E.            Provide the student with the form(s) necessary to petition for a hearing pursuant to the procedure provided herein.

                   19.3.1                 Failure to request a hearing in the manner hereinafter described within three (3) school business days following the date of receipt of the written notice of alleged ineligibility shall waive the right to a hearing and the appeal procedures which govern determinations of eligibility under the standards established by the WIAA.

                   19.3.2                 Unless otherwise provided, any student declared ineligible to participate in an interschool activity shall remain ineligible until a decision to the contrary is made as provided for in Article 19 of this Handbook.

19.4.0        PROCEDURES FOR INFORMING SENDING SCHOOL PRINCIPAL OF APPEAL - In transferring student cases, the sending school principal or designee shall be notified by mail, fax or phone by the WIAA District Eligibility Chairperson or designee of the hearing date, time, and place.  The sending school principal or designee shall have the opportunity to be present during the hearing.

19.5.0        NOTICE AND DECISION PROVISIONS/CONSTRUCTION OF DATES - The notice and decision provisions contained in the hearing and appeals procedures as herein set forth shall correspond with the actual school business days of that member school.  In computing any period of time prescribed or allowed by these rules the day of the act or event from which the designated period of time begins to run shall not be included.  The last day of the period so computed shall be included, unless it is a legal holiday, in which event the period runs until the next day which is not a legal holiday.

19.6.0         DISTRICT LEVEL/ELIGIBILITY COMMITTEE - The governing board in each WIAA Representative District shall appoint a committee composed of at least three (3) WIAA District Representatives which shall be known as the Eligibility Committee.  No member of the Eligibility Committee shall hear and decide a case concerning a student who involves a school with which that member is employed or otherwise directly associated.  In such case, that member shall be disqualified and the majority of the remaining members of the Eligibility Committee shall meet and appoint any additional person or persons necessary to fill such vacancy.

                   19.6.1                 The Eligibility Committee shall be authorized to hear and decide cases involving the eligibility of students to participate in interschool activities pursuant to the eligibility standards established by the WIAA.

19.7.0         ELIGIBILITY COMMITTEE/THE PETITION - Any student and/or his/her parents(s)/family unit may request a hearing before the Eligibility Committee in order to contest the reason(s) for any alleged ineligibility under the standards established by the WIAA.  The person(s) requesting such a hearing shall be known as the Petitioner.  A request for a hearing in the form and manner described herein shall be known as a Petition.  A Petition shall: (a) be written: (b) set forth the specific eligibility; (c) be signed by the Petitioner(s); and (d) be submitted to the Eligibility Committee with such completed forms as may be prescribed by the Executive Board of the WIAA.

19.8.0        ELIGIBILITY COMMITTEE/THE HEARING - Upon the receipt of a Petition properly submitted in the manner described above, the Eligibility Committee shall schedule a hearing as expeditiously as possible, but in no case later than five (5) school business days of that member school prior to the first full interscholastic contest which is the subject of the Petition, or within a reasonable time thereafter in cases of emergency including, but not limited to, an unforeseeable late student enrollment.  Written notice of the time and place of the hearing shall be delivered to the Petitioner in person or by certified mail, with return receipt requested, no later than three (3) school business days of that member school prior to the date of the hearing. In the case of transferring students, notice by phone, mail or fax shall also be given to the sending school principal.  The hearing may be open or closed upon the request of the Petitioner.

                   19.8.1                 The Petitioner may represent himself/herself or be represented by such other person, as he or she may desire.  The Petitioner shall have the opportunity to testify, present and cross-examine witnesses, as well as to introduce affidavits, exhibits, and other such evidence as may be deemed relevant and material by the Eligibility Committee.

                   19.8.2                 The Eligibility Committee may continue the hearing for a reasonable period of time when in the judgment of the Committee such a continuance is determined to be necessary to a fair and proper disposition of the petition.

                   19.8.3                 A tape recording or verbatim record of the hearing shall be made in connection with each petition considered by the Eligibility Committee.

19.9.0        ELIGIBILITY COMMITTEE/THE DECISION - At the conclusion of the hearing and after a full and complete consideration of the evidence presented in support of the petition, the Eligibility Committee shall either (a) grant the petition, (b) deny the petition, or (c) take the petition under advisement for a period not to exceed two (2) school business days of that member school.  The decision of the Eligibility Committee shall be written and shall include specific finding and conclusions that support the particular determination.  A copy of the decision of the Eligibility Committee shall be delivered to the petitioner in person or be sent by certified mail, with return receipt requested, within two (2) school business days of that member school following the date of the hearing.  The sending school principal shall also be sent a copy of the decision within two (2) school business days of that member school following the date of the hearing.

                   19.9.1                 The decision of the Eligibility Committee shall be based solely upon the facts and arguments presented during the hearing.

                   19.9.2                 In the case of a decision by the Eligibility Committee to deny the petition for eligibility, the Petitioner shall be provided, in addition to a copy of the written decision, a copy of the procedure and forms required in order to appeal to a Hearing Officer appointed by the WIAA Executive Board.

                   19.9.3                 When the Eligibility Committee denies the petition, the student is ineligible for interscholastic competition.

19.10.0      EXECUTIVE DIRECTOR/HEARING OFFICER/APPEAL/NOTICE OF APPEAL - An aggrieved student wishing to appeal the decision of the Eligibility Committee shall file notice of appeal with the Executive Director of the WIAA on or before the tenth (10th) school business day following the date of receipt of the written decision of the Eligibility Committee denying the petition.  Upon failure to file a notice of appeal, the decision rendered by the Eligibility Committee shall constitute the final determination in the case.  The notice of appeal shall (a) be written, (b) be signed by the petitioner-appellant, (c) set forth the specific alleged error(s) which form the basis of appeal, and (d) be accompanied by such completed forms as the WIAA Executive Board may prescribe as now or hereafter amended.

                19.10.1                  An appeal to the WIAA Executive Director shall require the Executive Director to notify a designated Hearing Officer to schedule a hearing to commence on or before the tenth (10th) school business day following the date of receipt of the written notice of appeal.  Written notice of the time and place of the hearing shall be delivered to the petitioner-appellant in person or by certified mail, with return receipt requested, no later than five (5) school business days of that member school prior to the date of the hearing.

19.11.0      HEARING OFFICER - THE HEARING - The hearing before the WIAA Hearing Officer shall be limited to a review of the record of the hearing conducted before the District Eligibility Committee and any additional relevant evidence.

                   19.11.1               In the review of the record, the findings and recommendations of the Hearing Officer shall be based solely upon the record of the hearing conducted by the Eligibility Committee and may include additional evidence, oral or written, when in the opinion of the Hearing Officer, such evidence is deemed relevant and material to a fair and proper disposition of the appeal.  Upon receipt of additional evidence by the Hearing Officer, the parties shall be afforded a reasonable opportunity to contest such evidence.

                   19.11.2               A tape recording or verbatim record shall be made of the hearing.

19.12.0      HEARING OFFICER - THE RECOMMENDATION - The recommended decisions to the WIAA Executive Director proposed by the Hearing Officer shall be written and shall include specific findings and conclusions which support the particular recommendations.  The recommended decisions shall either affirm or reverse the decision of the Eligibility Committee, or take the petition under advisement for a period not to exceed two (2) school business days for the purpose of seeking additional information.

                   19.12.1               The written finding(s) of and recommendation(s) of the Hearing Officer shall be delivered to the Office of the WIAA Executive Director as expeditiously as possible, but in no case later than three (3) school business days of that member school following the date of the conclusion of the hearing.

                   19.12.2               WIAA Executive Director - The Decision - The WIAA Executive Director shall review the findings and recommendation of the Hearing Officer and shall either affirm or deny the recommendation of the Hearing Officer.  The decision rendered by the Executive Director shall be written and shall include the findings and conclusions that support the particular determination.  The decision of the Executive Director is final.

                   19.12.3               A copy of the written decision of the Executive Director in each case shall be delivered to the petitioner-appellant in person or sent by certified mail, with return receipt requested, as expeditiously as possible but in no case later than five (5) school business days of that member school following the date of the conclusion of the hearing.

                   19.12.4               Any student who remains aggrieved by a decision of the WIAA Executive Director and/or WIAA Executive Board may appeal to the Superior Court pursuant to RCW 28A.645.010 through RCW 28A.645.030, as now or hereafter amended.

19.13.0      PROTESTS OF ELIGIBILITY - Any member school, which has reason to believe that a student is not in compliance with WIAA eligibility standards, may protest the student’s eligibility by written notification to the principal of the school that the student attends.  Unless such written protest is submitted at least seven (7) school business days by that member school before the student’s first opportunity to participate in an interscholastic contest, the student shall remain eligible during the appeal process provided for in Article 19 of this Handbook.

                   A.         Whenever the eligibility of a student is protested in the manner described above, a representative of the school which the student attends shall notify the student of his/her protested ineligibility and right to apply to the WIAA District Eligibility Committee as prescribed in Article 19 of the Handbook concerning his/her eligibility.

                   B.         In addition to the above, the District Eligibility Chairperson may appoint a Fact Finder to investigate matters pertaining to the protest.

                   C.         In addition to the above requirements, the District Eligibility Chairperson may, as an added condition of eligibility, require that a transferring student submit a WIAA Previous School Statement.  This form must be signed by the principal of the school from which the student has transferred, indicating the principal’s approval of athletic eligibility for the transferring student.  A copy of the signed form must be retained on file in the school office for the duration of the student’s attendance at that school.