Md. Code Regs. 13A.06.03.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.06.03.05 - Violations, Penalties, and Appeals

A. Failure to comply with these regulations shall constitute a violation which will result in the following penalties against the member MPSSAA school and either the student or the coach, or both. Depending upon the severity of the violation, more than one penalty may be imposed against the member MPSSAA school, student, or coach, or all of the above. Penalties shall be imposed in the order listed below:

(1) Against a member MPSSAA school:

(a) First - Declare forfeit of all games in which the violation occurred.

(b) Second - Declare the member MPSSAA school ineligible for championship honors for the current school year in the sport in which the violation occurred.

(c) Third - Declare the member MPSSAA school on probation for one school year which shall render the school ineligible to compete in any approved State meet or tournament for that year.

(d) Fourth - Impose additional penalties as may seem justified in the particular case considered.

(2) Against a student:

(a) First - Declare the student to be ineligible for the next 60 school days following the date the student was found to be in violation. These 60 school days will carry over into the next school year if the violation occurs during the second semester.

(b) Second - Declare the student to be ineligible to compete in the sport in which the violation occurred during the subsequent season.

(c) Third - Impose additional penalties as may seem justified in the particular case considered.

(3) Against a coach:

(a) First - Censure.

(b) Second - Declare the coach ineligible to coach a team for the current school year in the sport in which the violation occurred.

(c) Third - Declare the coach ineligible to coach a team in any sport for the current year.

(d) Fourth - Impose additional penalties as may seem justified in the particular case considered.

B. Procedure.

(1) First - Any member MPSSAA school, student, or coach shall notify the local supervisor of interscholastic athletics and the MPSSAA Executive Director of the alleged violation.

(2) Second - The superintendent or the superintendent's designee of the local school system in which the school allegedly in violation is located shall convene a hearing within 5 school days.

(3) Third - If the superintendent or the superintendent's designee of the local school system in which the school allegedly in violation is located concludes that a violation has occurred, a penalty shall be imposed in accordance with this regulation.

(4) Fourth - A report of the hearing and decision in the local school system shall be forwarded to the Executive Director of the MPSSAA.

(5) Fifth - The MPSSAA Executive Director, in consultation with the appropriate committees, or the Executive Council of the MPSSAA, shall review the report of the local hearing and decision in the local school system. The MPSSAA Executive Director shall either accept the penalty imposed or modify the penalty in accordance with this regulation.

C. Penalties imposed by local school systems for violations of local school system rules adopted in accordance with Regulations .01B and .02B shall be uniform with the penalties designated in Regulation .05A of this chapter.

D. Appeals.

(1) A member MPSSAA school, student, or coach may appeal the imposed penalty within 30 days and request a hearing before the Appeals Committee of MPSSAA.

(2) The Appeals Committee of the MPSSAA serves in a quasi-judicial capacity.

(3) The membership of the MPSSAA Appeals Committee shall include one representative from each district in the Association and a representative from the Association of Secondary School Principals. Five members will constitute a quorum.

(4) The MPSSAA Executive Director shall notify the Appeals Committee of the hearing and establish a date, time, and hearing site. The appealing school, student, or coach, or all of the above, shall be notified of the date, site, and time of the hearing.

(5) The MPSSAA Executive Director or the Executive Director's designee shall present the case to the Appeals Committee on behalf of the MPSSAA.

(6) The principal of the involved school, the student, or coach, or all of the above, shall present grounds for appeal. If appropriate, the local school system's supervisor of interscholastic athletics involved in the appeal may present the case.

(7) The MPSSAA Appeals Committee shall convene in closed session and vote to deny or uphold the appeal or modify the penalty. A majority vote is required to deny or uphold an appeal or modify the penalty.

(8) The MPSSAA Appeals Committee shall report its findings to the concerned parties.

(9) Any party aggrieved by the MPSSAA Appeals Committee decision may appeal the decision to the State Superintendent of Schools within 30 days after receipt of the Appeals Committee decision. The State Superintendent of Schools, upon examination of the facts, may, in his or her discretion, allow the appeal and appoint a special committee of three local superintendents of schools to hear the appeal. The committee of superintendents may deny or uphold the appeal or modify the penalty.

(10) Unless otherwise ordered by the State Superintendent of Schools, the application for appeal to the State Superintendent of Schools may not stay the enforcement of the MPSSAA Appeals Committee decision, or excuse the person affected thereby from complying with its terms.

(11) The decision of the committee of local superintendents of schools is final.

(12) A member of the MPSSAA Appeals Committee or the committee of local superintendents of schools may not hear an appeal if that member has offered advice, made a recommendation, rendered a decision, or in any other way participated in the case being appealed.

Md. Code Regs. 13A.06.03.05

Regulation .05 amended effective 40:16 Md. R. 1345, eff.8/19/2013
Regulation .05B amended effective July 3, 1995 (22:13 Md. R. 968)
Regulation .05C amended effective August 31, 1992 (19:17 Md. R. 1608); July 3, 1995 (22:13 Md. R. 968)