Part II By-Laws of the North Dakota High School Activities Association

Article IV: Rule Violations¶

SECTION I:¶

Neither contest rules or eligibility rules may be waived by common consent and they must be fully observed by Association members even though competing with non-members.

INTERPRETATIONS - SECTION I of Article IV -- Rule Violations¶

In short, this means that eligibility rules must be respected in all contests whether these relations are with member schools or with non-member schools. This implies that only eligible players may be used when playing out-of-state teams, independent teams or non-conference teams. Rules must likewise be respected whether it is a first team, a second team or a third team. Rules apply to any and all teams representing the school.

SECTION II:¶

All questions in dispute shall be referred to the Board and its decision shall be final.

SECTION III:¶

Any school entering a protest against another school shall submit in writing a full statement of facts and grounds for protest to the Executive Secretary who shall submit a copy to the superintendent or principal of the accused school. Such protest shall be accompanied by a deposit of ten dollars ($10.00) which shall later be returned if the protest is sustained by the Board. The school against which a protest or any charge has been made shall have the privilege of presenting its case to the Board.

SECTION IV:¶

For any violation of Association rules an offending student may be barred from participating in contests which come under Association jurisdiction; and an offending school may be suspended, expelled, or caused to forfeit games or championship rights.

INTERPRETATIONS - SECTIONS II, III & IV¶

• These sections deal with the proper procedure when schools have problems that cannot be settled between them, or when one school may have evidence that some school is not conforming to the rules. The procedure is clearly outlined and no further explanation should be necessary.

• Q: A school believes that another school is playing an ineligible person. What can be done?

  A: As an association of member schools, the most desired process in a situation such as this would be handled by the administration of the schools involved. In these instances, the use of an ineligible person is many times the result of an error. School administrators themselves are the first to question the eligibility of their own players and if an error is discovered, report their own violation to their opponent school as well as the NDHSAA. The administration of our member schools maintain a high standard of integrity and are dedicated to comply with their NDHSAA Constitution and By-Laws. However, in the event there is need, a formal protest may be made to the Board of Directors as per Part Two, Article IV, Section III of the Constitution and By-Laws.

• If a member of the Association brings a legal action against the Association and the Association prevails, the member shall reimburse the Association for all costs and reasonable attorney's fees incurred by the Association in connection with the legal action. (June 2016)