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. (3-11-2002)