(a) The Commission shall establish athletic appeals panels to hear appeals from LEA decisions related to participant eligibility and decisions of the DCSAA.
(b)(1) The Chairperson of the Commission shall appoint a separate athletic appeals panel for each matter brought before the Commission. Each panel shall be composed of 3 voting members.
(2) A voting member who represents an athletic league shall not hear an appeal to which a member of the same athletic league is a party.
(3) A voting member of the Commission shall disclose a potential conflict of interest, as defined by the Commission in its rules of governance and procedure, in any matter before the Commission and shall not be appointed to an appeals panel for that matter.
(c) An athletic appeals panel shall hear all issues relating to an appeal de novo, except that the evidence before the panel shall be limited to the record made before the LEA or the DCSAA unless a party seeks to introduce relevant evidence that, in the exercise of reasonable diligence, it could not have produced during the initial hearing on the complaint or that was improperly excluded from the initial hearing on the complaint.
(d)(1) In a written decision, the Commission shall issue the decision of an athletic appeals panel affirming or denying the decision of an LEA or the DCSAA.
(2) The decision of the Commission shall be final.
Applicability of D.C. Law 21-263: § 301 of D.C. Law 21-263 provided that the creation of this section by § 106 of D.C. Law 21-263 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 301 of D.C. Law 21-263, see § 7033 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).