Sec. 7. (a) If the association or the parent who referred a case to the panel under section 6(b)(2) of this chapter disagrees with the decision of the panel, the association or the parent may file a legal action to review the panel’s decision.

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Terms Used In Indiana Code 20-26-14-7

  • association: means an organization that conducts, organizes, sanctions, or sponsors interscholastic high school athletic events as the organization's primary purpose. See Indiana Code 20-26-14-1
  • case: refers to a decision of the association:

    Indiana Code 20-26-14-2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • panel: refers to the case review panel established under section 6 of this chapter. See Indiana Code 20-26-14-3
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
     (b) An action must be filed under subsection (a) with a court with jurisdiction not later than forty-five (45) days after the panel issues its decision under section 6(c) of this chapter.

     (c) In an action brought under this section, the court may reverse the panel’s decision if the court, upon its own review of the facts and issues involved in the decision and the applicable rule of the association, determines that the decision of the panel, or the decision of the association upheld by the panel, is:

(1) not a fair and logical interpretation or application of the association’s rule;

(2) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(3) contrary to a constitutional right, power, privilege, or immunity;

(4) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

(5) without observance of procedure required by law; or

(6) unsupported by substantial evidence.

     (d) The court reviewing a panel decision under this section may do any of the following:

(1) Affirm the panel’s decision.

(2) Modify the panel’s decision.

(3) Reverse the panel’s decision and remand the action to the panel for action directed by the court.

     (e) Notwithstanding this chapter, if an association fails to follow its bylaws regarding hearing and appeals procedures, a student or the student’s parent may proceed directly to a court with jurisdiction to resolve a dispute.

As added by P.L.92-2010, SEC.3.

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