Section 3.
Section 4.
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E. The written decision of the National Office shall be effective, final, and enforced immediately, subject to the following provisions of this
Article VII. APPEAL TO THE EXECUTIVE COMMITTEE A. Any member college affected by a decision of the National Office shall have a right to appeal that decision to the Executive
Committee of the NJCAA. B. The request for appeal must be sent to the Executive Director of the NJCAA, with a copy to the Regional Director for the region where the appealing college is located. The request for appeal to the Executive Committee must be in writing and must be received by the Executive Director within seven( 7) calendar days from the date of the written decision by the National Office. The request for appeal must be signed by the president of the appealing college and set forth in detail the appealing college ' s basis for challenging the decision of the National Office. The appealing college may attach any documentation it deems appropriate to its request for appeal. 1. All appeals of an official ruling made by the NJCAA National Office must be accompanied by a payment of $ 250. 2. If the appeal is upheld, and the original ruling is overturned, the $ 250 fee will be returned to the appealing college. 3. If the appeal is not upheld, and as a result the original ruling confirmed to be appropriate, the appealing college will forfeit the $ 250 fee.
C. The appealing college may present its appeal in writing to the Executive Committee or may request an oral hearing. Oral hearings before the Executive Committee may only be had at the time of regularly scheduled meetings of the Executive Committee and at the location determined by the Executive Committee for its meeting.
D. In its request for appeal, the appealing college must notify the Executive Director whether the college desires an oral hearing or a written appeal. In the event the appealing college fails to notify the Executive Director of whether it desires an oral hearing on its appeal, it will be conclusively presumed that the appealing college waives such oral hearing.
E. The appealing college ' s request for appeal shall set forth the factual basis for its appeal, including all defenses it deems appropriate. The appealing college shall set forth in detail each bylaw and / or rule and regulation of the NJCAA involved in its appeal and list specific reasons why the decision of the National Office should be reversed. The National Office shall forward the appealing college ' s written presentation to each of the members of the Executive Committee in a reasonable and timely manner. The National Office may also provide its own written information concerning the matter to the Executive Committee members. A copy of the package of material sent to the Executive Committee members( including the appealing college ' s written presentation and any additional written information from the National Office) shall be sent to the appealing college by certified mail, return receipt requested, at the same time the package is sent to the Executive Committee members.
F. In the event that an appealing college has requested an oral hearing, the hearing shall be held for the Executive Committee with the following procedures: 1. The President of the Executive Committee shall act as presiding officer at the hearing. In the absence of the President, a majority of the Executive Committee members present shall select the presiding officer among themselves.
2. At all oral hearings, the appealing college may be represented only by an employee of the college and the student-athlete at the oral hearing may only be represented by either an employee of the appealing college or by the student-athlete himself / herself. Either the appealing college or the student-athlete or both may have legal counsel present to advise them, but such legal counsel may not make presentation directly to the Executive Committee at the oral hearing.
3. The appealing college shall present its relevant evidence( witnesses and documentation). The National Office will have the right to cross-examine any witness presented by the appealing college.
4. After the appealing college has presented its relevant evidence, the National Office shall have the right to present any relevant evidence it deems appropriate. The appealing college shall have the right to cross-examine any witness presented by the National Office.
5. All proceedings occurring during the oral hearing shall be audio and / or video recorded. The recording will be transcribed and the cost of the transcription shall be shared equally by the appealing college and the National Office. The appealing college shall be responsible for its costs and expenses, including the costs and expenses of any witnesses presented by it, and the National Office shall be responsible for its costs and expenses, including the costs and expenses of any witnesses presented by the National Office.
G. In the event an appealing college withdraws its appeal after submitting a request for appeal in writing to the Executive Director, the appealing college shall be responsible for all costs incurred by the National Office in connection with the appeal to the date of withdrawal. H. In the event of an oral appeal, a decision will be reached by roll call vote of the Executive Committee members present. I. Decisions of the Executive Committee concerning the appeal shall be in writing. In cases where there is no oral hearing, the decision of the Executive Committee shall be due within ten( 10) days from the date the appealing college ' s written presentation is received by the Executive Director of the NJCAA and confirmed with the appealing college, as set forth above. In cases where an oral hearing is heard before the Executive Committee, a decision of the Executive Committee shall be due within seven( 7) days after the date the said oral hearing is completed. A copy of such written decision shall be furnished to the appealing college and the Regional Director for the region in which the appealing college is located. A copy of the decision may also be furnished to any other college directly affected by the decision at the discretion of the Executive Director of the NJCAA.
J. Unless a majority of the total number of the members of the Executive Committee vote to overturn the decision of the National Office, the appeal will be denied. Majority shall mean the majority of all of the members of the Executive Committee, not just a majority of those members who actually vote. ARBITRATION A. A member college may appeal a decision of the Executive Committee. The sole method for appeal of a decision by the Executive Committee shall be by arbitration administered by the American Arbitration Association( AAA) or such other arbitration service as selected by the National Office. No suit at law or in equity, or for an injunction or a restraining order shall be instituted by a member college to overturn, set aside, or stay a decision by the Executive Committee or the National Office.
B. Any member college appealing the decision of the Executive Committee must submit a written notice of such appeal upon the Executive Committee, through the Executive Director of the NJCAA, demanding arbitration. Such written notice must be signed by the president of the college and delivered to the Executive Director of the NJCAA no later than 20 days from the date the
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