Palo Alto College - NJCAA Palo Alto College Athletics | Page 95

C.

D.

E.

decision of the Executive Committee which is being appealed was rendered. Such written notice shall set forth the name and
address of the appealing college and the factual and legal basis for the appeal.
Upon receipt of the written notice of appeal from the appealing college, the Executive Director of the NJCAA shall select an
arbitration service to hear the appeal. The Executive Director shall request that the arbitration service provide a panel of three
potential arbitrators qualified to hear the appeal. Upon receipt of the panel of potential arbitrators, the Executive Director shall
supply a copy of the same to the appealing college. The arbitrators shall be selected by the following method: The appealing
college shall strike one name from the panel, thereafter the Executive Director acting on behalf of the Executive Committee shall
strike one name, and this alternating procedure shall be repeated until only one arbitrator remains from the panel. Such arbitrator
selected by the foregoing method shall be the arbitrator for the appeal. The selection of the arbitrator using the foregoing method
shall be completed within seven days after the Executive Director has received the panel of potential arbitrators from the
arbitration service.
After consultation with the parties, the arbitrators shall appoint a time and date for the hearing of the appeal and cause
notification of such time and date to be sent to the parties by certified or registered mail, return receipt requested, not less than
five days before the hearing. Appearance at the hearing waives such notice. The hearing of the appeal shall be conducted at the
NJCAA National Office in Colorado Springs, Colorado. The parties shall share equally the fees and costs of the arbitration
service, the arbitrator, and the certified court reporter who will record the arbitration proceedings. Each party shall be responsible
for the fees and costs of its own representatives and witnesses, including but not limited to the fees and costs for transportation,
food, and lodging for such representatives and witnesses.
The hearing shall be conducted in accordance with the following rules:
1. The appealing college shall be the appellant and the NJCAA shall be the appeallee.
2. The burden of proof in said proceedings shall be on the appellant.
3. The taking of testimony, presentation of argument and evidence, and all other procedures at the arbitration hearing shall, as
far as the arbitrator deems practical, be governed by the usual rules applied in the courts of the State of Colorado.
4. At least five days prior to the hearing date, each party shall submit to the arbitrator (with a copy to the other party) a written
brief containing, among other things, a statement of facts, a statement of the issues, a statement of the position of the party
with respect to such issues, the argument(s) in support of such party's position, a list of potential witnesses who may be
called by the party at the hearing, and a list of potential exhibits to be presented by the party at the hearing. The arbitrator for
good cause may extend the time for filing the briefs.
5. The hearing shall be opened by the arbitrator noting the date, time, and place of the hearing and the presence of the
arbitrator, the parties, and their representatives. The arbitrator may ask for statements to clarify any issues involved. The
appellant shall then present its evidence to support its appeal on why the decision of the Executive Committee should be
overturned. Thereafter, the NJCAA shall present its evidence supporting the decision of the Executive Committee.
Witnesses for each party shall submit to questions (in both direct examination and cross-examination and examination by
the arbitrator). The arbitrator may receive into evidence any exhibits offered by either party.
6. The hearing shall be recorded by a certified court reporter.
7. The hearing may proceed in the absence of any party or its representative who, after due notice, fails to be present or fails to
obtain a postponement. The arbitrator may hear and determine the appeal upon the evidence produced not withstanding the
failure of a party duly notified to appear.
8. The arbitrator may adjourn the hearing from time to time