ARTICLE IV
PROCEDURES
FOR APPEAL
Section 1.
General
A. Procedures set forth in this Article IV
are the sole methods for challenge of decisions of the KJCCC Commissioners
Office and the Executive Committee. No member college or any of its athletes or
employees can institute any suit at law or in equity or seek any court
injunction or restraining order concerning any dispute or controversy involving
the KJCCC enforcement or interpretation of any of the Bylaws, rules, or
regulations of the KJCCC or any sanctions imposed by the KJCCC.
B. Only member colleges may challenge the
interpretation and enforcement of the Bylaws, rules, and regulations of the
KJCCC and they may do so only pursuant to and in the manner set forth by the
provisions of this Article IV. No individual coach, athlete, booster club, or
any other entity affiliated directly or indirectly with the member college
shall have any standing to challenge a decision of the KJCCC.
C. As a condition to membership in the
KJCCC, each member college
consents to be bound by the provisions of
this Article IV. Any member college who institutes any suit at law or in equity
or seeks any court injunction or restraining order against the KJCCC in
connection with the interpretation or enforcement of the Bylaws, rules, and
regulations of the KJCCC or sanctions imposed by the KJCCC shall be subject to
sanctions, penalties, expulsion, fines, probations, or other penalties as may
be prescribed by the Executive Committee of the KJCCC.
Section 2.
Authority of the KJCCC
Commissioners Office
A. All decisions concerning challenges and
/or questions of the interpretation and the enforcement of the Bylaws, rules, and
regulations of the KJCCC shall be made in the first instance by the KJCCC
Commissioners Office.
B. Questions concerning the interpretation
or enforcement of the Bylaws,
rules, regulations shall be made in
writing (e-mail) to the KJCCC Commissioners Office. Such questions shall set
forth in detail the facts giving rise to the question, including but not
limited to the name and
address of the member
college presenting the question, the name and address of each college involved
in the question, any background facts involved in the question, and the
citation of the KJCCC Bylaws, rules,
and regulations involved in the
question. Such request for a decision concerning questions must be signed by
the president of the member college posing the question.
C. Challenges to the interpretation or the
enforcement of the KJCCC Bylaws, rules, and regulations shall set forth in
detail the name and address of the member college presenting the challenge, the
factual basis for the challenge, and the jurisdictional basis of the challenge,
citation of the Bylaws, rules, and regulations involved in the challenge, name
and address of any other member college that would be affected by the
challenge, and any documentation to support the challenge.
D. The KJCCC Commissioners Office shall
provide its written (e-mail) decision concerning any such questions or
challenges to the member college presenting the question or challenge. The
written (e-mail) decision shall set forth:
1. The decision of the KJCCC Commissioners
Office
2. The jurisdictional basis for the
decision
3. The citation of the KJCCC Bylaws,
rules, and regulations involved in the decision.
4. Any other matter deemed appropriate by
the KJCCC Commissioners Office.
In
addition, in the event that the decision of the KJCCC affects any other member college,
a copy of the written decision of the KJCCC shall be provided to such affected
college. In the event that upon receipt of a question or a challenge from a college,
the KJCCC Commissioners Office determines that further information or documentation
is necessary, the KJCCC Commissioners Office may delay its decision until other
information or documentation is received by the KJCCC Commissioners Office.
E. The written (e-mail) decision of the
KJCCC Commissioners Office shall be effective, final, and enforced immediately,
subject to the following provisions of the Article IV.
Section 3.
Appeal to the Executive
Committee
A. Any member college affected by a
decision of the KJCCC Commissioners Office shall have the right to appeal that
decision to the Executive Committee of the KJCCC.
B. The request for appeal must be sent to
the President of the KJCCC and a copy to the KJCCC Commissioner. The request
for appeal to the Executive Committee must be in writing (e-mail) and must be
received by the President of the KJCCC within ten (10) calendar days from the
date of the written (e-mail) decision by the KJCCC Office. The request for
appeal must be signed by the president of the appealing college and set forth
in detail the appealing college’s basis for challenging the decision of the
KJCCC Commissioners Office. The appealing college may attach any documentation
it deems appropriate to its request for appeal.
C. The appealing college may present its
appeal in writing (e-mail) to the Executive Committee or may request an oral
hearing. Oral hearings before the Executive Committee will be set as to time
and location determined solely by the President of the KJCCC.
D. In its request for appeal, the
appealing college must notify the President
of the KJCCC whether the college
desires an oral appeal or a written (e-mail) appeal. In the event the appealing
college fails to notify the President of the KJCCC of whether it desires an
oral appeal on its appeal, it will be conclusively presumed that the appealing
college waives such oral hearing.
E. The appealing college’s request for
appeal shall set forth the factual basis for its appeal, including all defenses
it deems appropriate. The appealing college shall set forth in detail each
Bylaw and/or rule and regulation of the KJCCC involved in its appeal and list
specific reasons why the decision of the KJCCC Commissioners Office should be
reversed. The KJCCC Commissioners Office shall forward (e-mail) the appealing college’s written
(e-mail) presentation to each member of the Executive Committee in a reasonable
and timely manner. The KJCCC Office may also provide its own written (e-mail)
information concerning the matter to the Executive Committee members. A copy of
the package of material sent to the Executive Committee members (including the
appealing college’s written presentation and any additional written information
from the KJCCC Office) shall be sent to the appealing college by certified
mail, return receipt requested, at the same time the package is sent to the
Executive Committee members.
F. In the event that an appealing college
has requested an oral hearing, the hearing shall be held before the Executive
Committee with the following procedures:
1. The President of the KJCCC shall act as
presiding officer at the hearing. Members whose institutions are involved in
the hearing shall be disqualified and those not able to attend will be replaced
by temporary members appointed by the KJCCC President. In the absence of the
President, the President Elect shall be the presiding officer.
2. At all oral hearings, the appealing
college may be represented only by an employee of the college and/or the
student-athlete himself or herself. Either the appealing college or the
student-athlete or both may have legal counsel present to advise them, but such
legal counsel may not make presentation directly to the Executive Committee at
the oral hearing.
3. The appealing college shall present its
relevant evidence (witnesses and documentation). The KJCCC Office will have the
right to cross-examine any witness presented by the appealing college.
4. After the appealing college has
presented its relevant evidence, the KJCCC Office shall have the right to
present any relevant evidence it deems appropriate. The appealing college shall
have the right to cross-examine any witness if presented by the KJCCC Office.
G. In the event of an oral appeal, a
decision will be reached by roll call vote of the Executive Committee.
H. Decisions of the Executive Committee
concerning the appeal shall be in writing (e-mail). In cases where there is no
oral hearing, the decision of the Executive Committee shall be due in ten (10)
days from the date the appealing college’s written (e-mail) presentation is
received by the KJCCC President, as set forth above. In cases where oral
hearing is had before the Executive Committee, a decision of the Executive
Committee shall be due within five days after the date the said oral hearing is
completed. A copy of such written (e-mail) decision shall be furnished to the
appealing college. A copy of the decision may also be furnished to any other
college directly affected by the decision at the discretion of the KJCCC
President.
I. Unless a majority of the total number
of the members of the Executive Committee vote to overturn the decision of the
KJCCC Commissioners Office, the appeal will be denied. Majority shall mean the
majority of all members of the Executive Committee, not just a majority of those
members who actually vote. (