53G-7-1106. Procedures for disputes — Appeals — Appeals panel — Compensation.
| (1) |
Terms Used In Utah Code 53G-7-1106- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeals panel: means the appeals panel created in Section 53G-7-1106. See Utah Code 53G-7-1101
- Association: means an organization that governs or regulates a student's participation in an athletic interscholastic activity. See Utah Code 53G-7-1101
- Eligibility: means eligibility to participate in an interscholastic activity regulated or governed by an association. See Utah Code 53G-7-1101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- realignment: means the initial or subsequent act, respectively, of assigning a public school a classification or region. See Utah Code 53G-7-1101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
An association shall establish a uniform procedure for hearing and deciding:
| (ii) |
allegations of violations of the association’s rules or policies; |
| (iii) |
requests to establish eligibility after a student transfers schools; and |
| (iv) |
disputes related to alignment or realignment. |
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| (b) |
An individual may appeal to an appeals panel established in this section an association decision regarding a request to establish eligibility after a student transfers schools. |
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| (2) |
| (a) |
There is established an appeals panel for an association decision described in Subsection (1)(b). |
| (b) |
The appeals panel shall consist of the following three members:
| (i) |
a judge or attorney who is not employed by, or contracts with, a school; |
| (ii) |
a retired educator, principal, or superintendent; and |
| (iii) |
a retired athletic director or coach. |
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| (c) |
A review and decision by the appeals panel is limited to whether the association properly followed the association’s rules and procedures in regard to a decision described in Subsection (1)(b). |
| (d) |
| (i) |
An association shall adopt policies for filing an appeal with the appeals panel. |
| (ii) |
The appeals panel shall review an appeal and issue a written decision explaining the appeals panel’s decision no later than 10 business days after an appeal is filed. |
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| (e) |
The appeals panel’s decision is final. |
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| (3) |
| (a) |
The state board shall appoint the members of the appeals panel described in Subsection (2):
| (i) |
from the association’s nominations described in Subsection (3)(b); and |
| (ii) |
in accordance with the state board’s appointment process. |
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| (b) |
| (i) |
The association shall nominate up to three individuals for each position described in Subsection (2) for the state board’s consideration. |
| (ii) |
If the state board refuses to appoint members to the panel who were nominated by the association as described in Subsection (3)(b)(i), the state board shall request additional nominations from the association. |
| (iii) |
No later than 45 days after the association provides the nominations, the state board shall appoint to the appeals panel an individual from the names provided by the association. |
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| (c) |
For the initial membership, the state board shall appoint two of the positions having an initial term of three years and one position having an initial term of two years. |
| (d) |
Except as required by Subsection (3)(e), as terms of appeals panel members expire, the state board shall appoint each new member or reappointed member to a two-year term. |
| (e) |
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. |
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| (4) |
The state board shall reimburse an association for per diem and travel expenses of members of the appeals panel. |
Amended by Chapter 293, 2019 General Session
