NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06E .0215
Plain English summary
This regulation establishes an independent interscholastic athletics appeals board appointed by the Superintendent of Public Instruction to hear appeals from final decisions of rule administrators concerning student eligibility, recruiting violations, and penalties. Aggrieved parties must file an appeal within five days of receiving the final decision, and panels of at least three members must issue their judgment within 30 days of the Superintendent's receipt of the appeal. The panel's judgment constitutes a final agency decision not subject to further appeal to the Superintendent or State Board of Education.
Key requirements
- The Superintendent of Public Instruction shall appoint an independent interscholastic athletics appeals board to hear and act upon appeals from the final decision of a rule administrator regarding student eligibility to participate in interscholastic athletics; violations of limitations on recruiting or undue influence; penalties or fees imposed on students, coaches, or participating schools; or other enforcement of rules provided by this Section.
- 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 Superintendent shall appoint panels of no fewer than three members of the appeals board to hear and decide individual appeals on behalf of the appeals board.
- The panel may conduct a live hearing in person or via teleconference. Any hearing so conducted shall be recorded.
- The rule administrator may file a response to the aggrieved party's submissions within five days.
- All parties shall simultaneously provide copies of all records submitted as part of the appeal to the other parties involved.
- No later than 30 days after the Superintendent's receipt of the appeal, the panel shall issue its judgment.
- The panel shall affirm the rule administrator's final decision unless a majority of the panel determines that the final decision either: (1) erroneously applies SBE rules or other applicable laws; or (2) is not supported by the evidence.
- The panel shall not consider information or evidence presented that was not presented to the rule administrator in the first instance.
- 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.
Affected parties
- students
- coaches
- participating schools
- public school units (PSUs)
- local superintendents
- principals
- rule administrators
- Superintendent of Public Instruction