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Agency Draft of Proposed Regulation R093-01

LCB File No. R093-01

PROPOSED REGULATION OF THE

NEVADA INTERSCHOLASTIC ATHLETIC ASSOCIATION

REGULATION 2070

ELIGIBILITY OF STUDENTS AND COACHES

General Rules

2070.001 Uniform Application Of Rules.

All of the eligibility Rules and Regulations of the NIAA set forth in this section

shall apply to all students who attend and represent a NIAA member or affiliate

school in any sport sanctioned by the NIAA.

Definitions

2070.002 Definitions

The following definitions shall apply to the words and/or phrases below with

respect to interpretation of Regulation 2070 and all other Regulations in which

the word or phrase is used:

a. “Affiliate School” means a school in a neighboring state to the

State of Nevada, which has been recommended for membership by one

of the member schools of the NIAA and has complied with all NIAA

requirements pertaining to affiliate school status.

b. “Executive Director” means the Executive Director of the NIAA.

c. “Game, Contest or Meet” means any competition regularly

scheduled by a member or affiliate school for any of its teams or

individuals competing in a NIAA sanctioned sport.

d. “Legal Guardian” means an individual who has complied with

the laws of the State of Nevada pertaining to creation of a guardianship

as described and limited in Regulation 2070.061(a)(2).

e. "Magnet School" means a school established by a local school

district for the purpose of creating special programs to attract students

within the local school district.

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f. “Member School” means a school whose Board of Trustees or

Governing Board has adopted the Regulations of the NIAA as its code

governing interscholastic activities, has paid annual dues established by

the NIAA, and agrees to accept and abide by the Policies and

Regulations of the NIAA to bind students and faculty members in

interscholastic athletics.

g. “Participation” means to be a student involved in a sport

sanctioned by the NIAA who becomes a participant on the first official

day of practice determined by the NIAA activities calendar for that

particular year.

h. "Recruiting or Recruitment" means the use of undue influence

(2070.206) and/or special inducement (2070.207) by anyone associated

with a school in an attempt to encourage a prospective student to attend

or remain at that school for the purpose of participating in

interscholastic athletics.

i. “Sanctioned” means a sport approved by the NIAA for

interscholastic competition.

j. “School Shopping” is the process by which a student or the

parent(s) or legal guardian(s) of a student attempts to circumvent any

NIAA Regulation pertaining to eligibility, or solicits or seeks enrollment

in a member or affiliate school for the purpose of participating in

interscholastic athletics in return for favorable conditions or treatment.

k. “Sport” means athletic competition, which has been sanctioned

by the NIAA.

l. “Sport season” begins with the first official day of practice and

ends with the state championship event in each sport as set forth in the

NIAA Reference Manual.

m. “Territory Served” means the region established by the Board of

Trustees for public schools or other governing board for private schools.

n. “Unit of Credit” means a unit of credit as defined by the Nevada

State Board of Education and the Northwest Association of secondary

and higher schools.

Registration of Students

2070.010 General Rules Applicable To Registration Of Student Athletes

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The following shall apply to all member and affiliate schools with respect to

registration of student athletes.

2070.011 Minimum Standards; Adoption Of Stricter Eligibility Regulations

The eligibility rules set forth below are minimum requirements for eligibility

imposed by the NIAA on member and affiliate schools, coaches and their

student athletes. Any school district having jurisdiction over a member or

affiliate school or schools may adopt stricter regulations or standards then

those set forth below, provided that the school district complies with the

following:

a. A school district proposing to adopt stricter standards or

regulations shall submit a copy of the proposed standards or regulations

to the Executive Director 30 days prior to the next regularly scheduled

meeting of the NIAA Board of Control.

b. The proposed stricter standards or regulations shall reference by

number and section the NIAA Handbook provisions the school district is

proposing to modify.

c. The NIAA Board of Control shall review the proposed

regulations at its next regularly scheduled meeting.

d. The NIAA Board of Control shall advise the school district

proposing the modification to rules and regulations as to its approval,

rejection or modification of the proposed changes within 30 days

following its review of the same.

2070.012 Responsibility of Member Schools

It shall be the responsibility of the administration at each member or affiliate

school to educate students attending the school as to the rules and regulations

governing participation in NIAA sanctioned sports.

2070.013 Registration With Executive Director.

All students who intend to participate in any NIAA sanctioned sport shall

comply with the following regulations regarding participation:

a. Before a student may participate in any NIAA sanctioned sport

the student shall be registered with the Executive Director of the NIAA.

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Agency Draft of Proposed Regulation R093-01

b. Registration of students in any NIAA sanctioned sport is the

responsibility of the administration of the member or affiliate school the

student attends. Registration shall be completed on forms provided in

the NIAA Reference Manual, or similar forms approved by the

Executive Director.

c. Students shall be separately registered for each sport the student

participates in each school year, subject to the limitations set forth at

Regulation 2070.030 and 2070.084.

d. All initial rosters must be addressed and mailed or telefaxed to

the attention of the Executive Director of the NIAA and must be

postmarked or telefax dated on or before the date competition begins.

Additions to initial rosters must be received by the Executive Director

before the student becomes eligible for competition.

(1) Competition begins for any sport on the day of the first

sanctioned game, meet or contest authorized for the particular

sport by the NIAA.

(2) The first sanctioned game, meet or contest shall not be

scheduled until the eleventh day after tryouts for the sport to

ensure compliance with Regulations 2070.080 and 2070.081.

(3) Failure to comply with Regulation 2070.013(d) shall

result in a $100.00 fine imposed against the offending member or

affiliate school.

General Rules Regarding Eligibility

2070.020 Eligibility Of Student To Participate In NIAA Sport

A student is presumed eligible to compete or practice in a NIAA sport subject to

all of the other rules governing eligibility, if the following basic criteria are met:

a. The student is enrolled in the ninth, tenth, eleventh or twelfth

grade of a member or affiliate school; and

b. The student resides within the boundaries served by the member

or affiliate school as specifically set forth in Regulation 2070.050; and

c. The student has complied with all eligibility rules and regulations

of the NIAA, the member or affiliate school, and the school district

having jurisdiction over the member or affiliate school the student

attends; and

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d. The student has not graduated from high school or received a

general education development certificate (GED); and

e. The pupil is not enrolled full time in a college, junior college, or

other post secondary institution; and

f. The student has not participated on a college, junior college, or

other post secondary institution athletic team; and

g. The student has not competed as a professional in the sport the

student is seeking to participate in at the NIAA level.

Length of Participation

2070.030 Maximum Period Of Participation

Following enrollment in the ninth grade a student shall be eligible to

participate in a NIAA sport for a period not to exceed 4 consecutive years or 8

consecutive semesters.

a. No student shall be eligible to participate more than 4 seasons in

any one sport.

b. No student shall be eligible to participate in the same sport more

than one time during a school year regardless of where the participation

occurs.

Age Requirements

2070.040 Age

A student whose twentieth birthday occurs during any sport season as defined

in Regulation 2070.002(l), is ineligible to participate in that particular sport and

all others occurring thereafter.

a. The age of all students participating in a NIAA sport season shall

be verified by official school records on file with the member or affiliate

school.

b. There shall be no appeal from this Regulation.

Revised 2/01;

Residency Requirements

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2070.050 Residence Eligibility

To be eligible to participate in a NIAA sanctioned sport a student must attend

the school located in the attendance zone or boundary of the student’s parent(s)

or legal guardian(s) physical residence as established by the school district of

the student’s parent(s) or legal guardian(s)’ physical residence.

a. A student whose parents are divorced or legally separated is

eligible at the school located in the attendance zone of the physical

residence of the parent having primary physical custody as determined

by Court Order or Decree.

b. If the primary physical custody of a student is jointly shared by

the student’s divorced parents pursuant to Court Order or Decree, then

the student shall choose which parent’s residence shall be deemed the

student’s primary physical residence for purposes of establishing

athletic eligibility. Once the student makes a choice of primary physical

residence, the school within the zone or boundary of the parent chosen

by the student becomes the student’s home school for purposes of

application of these Regulations for all matters occurring in the future.

1. Example: Student’s parents have joint custody with

mother’s residence located within the boundaries for School A

and father’s located within the boundaries of School B. Student

chooses mother’s residence for purposes of athletic eligibility and

attends School A. Student is eligible at School A. If student

chooses fathers residence at a later time, and enrolls at School B

after attending School A, Student is ineligible for 180 school days

at School B.

b. A student beginning their ninth grade year attending a private

school serving all students within the area of the student’s parents

physical residence is eligible to participate at the private school.

c. A temporary guardianship granted without court approval

pursuant to NRS 159.205 or NRS 159.215, or any similarly enacted

statute, shall not be recognized by the NIAA as a legal guardianship.

d. A legal guardian of a student must comply with Regulation

2070.061(2) in order for the student to be athletically eligible at the

school located within the attendance zone of the legal guardian’s

residence.

2070.051 Guidelines for Determining Place of Residence

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The following guidelines shall apply to any situation in which the residence of a

student is at issue, including transfers from one school district to another

school district or from one attendance zone to another attendance zone within

the same school district.

a. The burden of proof rests with the student’s parent(s) or legal

guardian(s), or the student if the student has reached age 18 and lives

alone, to prove to the satisfaction of the school district or the Executive

Director, as appropriate, that the student has established a bona fide

residence within the school district or attendance zone.

1. A student who has reached age 18 and lives alone shall

comply with Regulation 2070.061(a)(4), in establishing residence

eligibility.

b. Proof of a bona fide residence shall be established by providing

reliable documentation to the school district or the Executive Director,

as appropriate, of the following:

(1) The student, his parent(s) or legal guardian(s) right to the

use and enjoyment of the new residence, and similar

documentation establishing the student’s, his parent(s) or legal

guardian(s) abandonment of the former residence. Such

evidence may include, but is not limited to, one or more of the

following:

A. Documentation of title to, and sale of, real

property;

B. Lease documents;

C. Utility service (telephone, power, sewer, garbage)

documents;

D. Drivers license or vehicle registration establishing

the new address;

E. Change of address on voter registration

documentation; and

F. Any other documentary evidence establishing the

student, his parent(s) or legal guardian(s) are in

fact residing at the new address.

c. A student who is determined to have established eligibility in

accordance with subsection (b), above, and who within one year

following that determination reestablishes residence within the student’s

former school district or attendance zone, shall be ineligible for 180

school days to participate in interscholastic activities at the former

school unless a waiver has been granted pursuant to Regulation

2070.061.

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Transfers

2070.060 Presumption of Ineligibility

Any student who transfers from one member or affiliate school to another

member or affiliate school shall be presumed ineligible for 180 school days to

compete in any NIAA sanctioned sport at the school to which the student

transfers.

a. This presumption shall apply in the following situations:

1. Where the student transfers from one member or affiliate

school to another member or affiliate school within the same

school district which has established and definite regions or

boundaries for attendance of students living within the school

district.

2. Where the student transfers from one school district to

another school district.

3. Where the student transfers from a public school to a

private school, or from a private school to a public school, or

from a private school to another private school within the

territory served.

b. The presumption of ineligibility may be overcome by the student

and his parent(s) or legal guardian(s) or the student alone, if

emancipated, through compliance with the applicable Regulations set

forth at Regulation 2070.061 through 2070.062, below.

2070.061 Transfer From One Member or Affiliate School To Another Member or

Affiliate School Within The Same School District; Transfers From One School

District To Another School District

A student who transfers from one member or affiliate school to another member or

affiliate school within the same school district or from one school district to another

school district may overcome the presumption of ineligibility set forth in Regulation

2070.060 through proof of the following:

a. The student’s parent(s), or the student’s parent having legal

custody of the student, or the student’s legal guardian(s), is a bona fide

resident of the region or boundaries of the member or affiliate school or

school district to which the student has transferred in accordance with

Regulation 2070.052.

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1. If the student’s parent(s) are both living, but not living

together, the parent with whom the student physically resides

must provide, in addition to the proof required by Regulation

2070.061(a), a certified copy of the Order or Decree from a court

of competent jurisdiction establishing that parent has been

awarded physical custody of the student.

2. If a student is living with a legal guardian, the guardian

must provide, in addition to the proof required by Regulation

2070.061(a), a certified copy of the Order or Decree from a court

of competent jurisdiction appointing that person as guardian of

the student and containing a specific finding by the court of

either (A) or (B), and (C) below:

A. The parent or parents of the student are unfit or

incapable of maintaining or caring for the student;

B. The student is a delinquent who will benefit from

the guardianship; and

C. The guardianship has not been established

pursuant to NRS 159.205 or NRS 159.215.

3. A guardianship established for any other reason must

meet the criteria of a pupil hardship appeal set forth in

Regulation 2090.020. The exception created for guardians in

Regulation 2070.061(a)(2) is intended to apply only to those

situations in which a bona fide guardian has been appointed by a

court of competent jurisdiction for the best interests of the

student. If it is determined that a guardianship has been

established for purposes of avoiding or circumventing the NIAA

transfer rules and regulations, the NIAA may ignore the

guardianship and determine the eligibility of the student as if no

guardianship existed.

4. If the student is less than eighteen (18) years of age and

not residing with a parent or legal guardian the student must

provide, in addition to the proof required by Regulation

2070.061(a), a certified copy of the Decree of Emancipation

entered by a court of competent jurisdiction.

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5. If the student has attained eighteen (18) years of age and

is not residing with a parent or legal guardian, in addition to the

proof required by Regulation 2070.061(a), the student must

establish by a preponderance of the evidence that the student is

emancipated and willingly living separate and apart without

financial support from the student’s parent(s) or legal

guardian(s).

b. A student, parent of a student or legal guardian of a student who

establishes by a preponderance of the evidence, at a hearing conducted

pursuant to Regulation 2090, the matters set forth in Regulation

2070.061(a), shall be eligible for participation in any NIAA sanctioned

sport.

c. A student who is granted eligibility pursuant to Regulation

2070.061(a), and who within one year thereafter returns to his former

residence or a residence within the boundaries of the member or affiliate

school from which the transfer was made, shall have the eligibility

determination revoked and shall be declared ineligible for a period of

180 school days from the date of revocation.

d. School districts consisting of multiple member schools may

deviate from the provisions of Regulation 2070.061, but only if stricter

Regulations are imposed. See, Regulation 2070.011.

e. School districts consisting of multiple member schools may make

adjustments to the NIAA transfer Rules and Regulations to best fit the

specific needs of the school district. Such adjustments shall apply only

to the year in which a new high school has been opened and shall not

extend to subsequent years.

2070.062 Transfers Between Private and Public Schools and From One Private School to

Another Private School.

a. An eligible student who has attended a member or affiliate

school for at least 180 school days and who then transfers from a public

to a private, a private to a public, or one private school to another private

school within the territory served, is ineligible to compete in any sport in

which the student’s name appeared on a NIAA roster for 180 school

days following the date of the transfer. A student who transfers within

the first 180 days is ineligible for the remainder of that school year in

addition to the above mentioned guidelines.

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b. A student who lives with his parent(s) or legal guardian(s), or

who is emancipated, and who resides in an area effected by a change in

region or zoning boundaries for member or affiliate public schools

which has been approved by the governing board of the school district

for the territory in question, shall be allowed to transfer between a

public and private school, or vice versa, regardless of whether the

change was instituted to establish region boundaries for a new public

school or to effect rezoning of an existing public school.

2070.063 Attendance At Magnet School Contained Within a Member Or Affiliate School

Outside The Region Or Boundaries Of Residence

A student who does not reside within the region or boundaries of a magnet

school which is contained within a member or affiliate school, but who is

approved by waiver to attend the magnet program shall be automatically eligible

to participate in any NIAA sanctioned sport at the member or affiliate school

housing the magnet school.

a. To establish immediate eligibility the student shall:

1. Be accepted and meet all standards for the magnet

program; and

2. Meet all application requirements and deadlines imposed

by the magnet program; and

3. Be and remain eligible to complete the magnet program;

and

4. Be enrolled in the standard course load for the magnet

program; and

5. Waive at all member or affiliate schools, other then the

member or affiliate school housing the magnet program, any

right the student may otherwise have to participate in NIAA

sanctioned sports offered by the member or affiliate school

housing the magnet program during the time the student is

enrolled in the magnet program.

b. A student approved for a magnet program who fails to comply

with the requirements of subsection (a), above, or who drops out of the

magnet program shall be immediately declared ineligible at the member

or affiliate school housing the magnet program for 180 school days.

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c. A student who is accepted to a magnet program within a member

or affiliate school and who thereafter chooses to return to the student’s

school of residence becomes ineligible for the remainder of the school

year in which the transfer occurs and for an additional 180 school days

in any sport in which the student appeared on a NIAA roster during the

student’s attendance at the magnet school.

2070.064 Stand Alone Magnet Schools

A student who is accepted to, and thereafter attends, a magnet school which

does not offer a comprehensive athletic program may retain eligibility at the

student’s school of residence to participate in any sport not offered at the

magnet school.

a. Examples of stand-alone magnet schools include Advance

Technology Academy, Las Vegas Academy, and Southern Nevada

Vocational/Technical Center.

2070.065 Charter Schools

A student who attends a charter school approved by a local school district may

retain eligibility at the student’s school of residence to participate in any sport

not offered by the charter school.

a. A charter school student who participates in any sport at his

school of residence must maintain the same eligibility standards as are

required by the student’s member school of attendance.

b. Charter school guidelines regarding eligibility must be approved

by the local school district and/or the NIAA.

c. Public schools will assess a $100.00 per sport participation fee to

each charter school student for the purpose of covering the expenses of

officials, field maintenance, etc.

2070.066 Option Zones of Attendance

A student who is assigned to option attendance zones by a school district may

establish eligibility to participate in NIAA sanctioned sports in accordance with

the following:

a. A student who remains at their original school of residence

remains eligible at that school.

1. The student may choose to attend the option-zoned school

at any time, and shall be immediately eligible to participate in

any NIAA sanctioned sport at the option school.

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2. Any transfer between schools involved in an option zone,

after the initial transfer by a student, shall render the student

ineligible for 180 school days.

b. A student who initially chooses to attend the option-zoned school

shall be immediately eligible to participate in any NIAA sanctioned sport

offered by the option school.

1. A student who initially chooses to attend the option zone,

and who thereafter transfers to the student’s school of residence,

shall be ineligible for the remainder of the school year and for

180 school days in any sport in which the student appeared on a

NIAA roster while attending the option zone school.

c. School districts having multiple member or affiliate schools that

choose to rezone boundaries for any reason shall be entitled to waive

NIAA eligibility regulations pertaining to transfers of students affected

by the rezoning during the school year in which the rezoning occurs.

1. The provisions of Regulation 2070.062(b) shall govern

any private school or public school students affected by such

school board decisions.

2. There shall be no appeal to the NIAA for any student

adversely affected by such school board decisions.

2070.067 Community College High Schools

A student who attends a community college high school shall retain eligibility at

the student’s school of residence.

2070.068 Alternative Education

A student who attends a non-traditional high school in which time schedules

and grading is adjusted shall be ineligible to participate in any NIAA

sanctioned sport. Examples of such schools include Washoe High School,

Sunset High School and Horizon High School.

2070.069 Home School Students

Home school students are not regularly enrolled students at a member or

affiliate school and are ineligible for participation in NIAA sanctioned sports.

2070.0691 Sibling Transfers

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The following applies to situations in which a family has multiple high school

age children who are assigned by school district regulations to different

member high schools.

a. The older sibling is eligible only at the member school to which

that student is assigned by the school district.

b. All younger siblings of high school age at the time the zoning

regulations are adopted, and who qualify for a zone variance, shall be

eligible at their zoned school or the school attended by the older sibling.

1. Any transfer to another school by the sibling following

his/her initial choice of schools shall result in ineligibility for 180

school days.

c. The above-mentioned waiver will be in effect for any family

member that is approved for a zone variance while another sibling

attends the original school. If one family member opts to attend their

school of residence or there comes a time when a family member does

not attend the school of original residence then that family will follow

standard eligibility regulations with no waivers permitted.

2070.0692 Pupils From A Foreign Country

The following regulations shall govern the eligibility of students engaged in

foreign exchange programs and the eligibility of other international students

who enroll in member schools.

a. Generally. The NIAA acknowledges the importance of

permitting students visiting Nevada through a recognized foreign

exchange program to experience the benefits of participation in

interscholastic athletic competition. To this end, the NIAA will permit a

foreign exchange student to participate in interscholastic athletic

competition under the following conditions.

1. The foreign exchange student must be sponsored and

placed within a U.S. host family by a "bona fide" international

student exchange program that has been accepted for listing by

the Counsel on Standards for International Educational Travel

("CSIET") and recognized by the U.S. Department of State. The

foreign exchange program must assign students to host families

by a method that insures that no student, school or other

interested party may influence the assignment for athletic or

other purposes. Neither shall the foreign exchange student be

selected or placed on any basis related to his/her athletic interests

or abilities.

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2. A foreign exchange student is considered placed with a

host family when:

A. The school that the student attends had no input

into the selection or assignment of the student; and

B. The host family placement is approved by the

National Headquarters of the sponsoring organization.

3. The foreign exchange student must possess a J-1 visa

issued by the U.S. Immigration and Naturalization Service.

4. The foreign exchange student must be in attendance at

the school on the first day of the school year and must be

enrolled in a full-year program rather than a program of shorter

duration such as a six-week, three-month or six-month program,

etc.

5. Any subsequent transfer by the student to a different

school during the school year must correspond with a change in

residence by the foreign exchange student and the host family

with whom he/she was placed at the time of enrollment in the

original school. If the transfer of schools occurs as a result of a

move by the foreign exchange student to another host family, the

foreign exchange student will be ineligible at the new school for

the remainder of the school year.

6. The foreign exchange student may be eligible for a

maximum of one year at any school or combination of schools in

this or any other of the United States commencing with his/her

initial date of enrollment in a U.S. school.

7. The foreign exchange student must not have completed

the twelfth grade (terminal grade) or its equivalent in either the

U.S. or his/her home country. Foreign exchange students will

not be eligible once they have completed the twelfth grade or its

equivalent in either the U.S., or their home countries.

8. The foreign exchange student must meet all other

eligibility standards of the NIAA while a student at a member or

affiliate school.

9. If at any time the placement of a student can be traced to

a school or coach, the student will be ruled ineligible and the

coach or school may receive additional penalties.

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b. International Students Not In A Foreign Exchange Program. A

pupil from a foreign country enrolled in a member or affiliate school

who is not in the U.S. on a foreign exchange program that is accepted

for listing by CSIET is considered a transfer student and must establish

a bona fide residence in his/her school district appointed to him/her by a

court of competent jurisdiction to gain eligibility.

2070.0693 One School Per Season

A student shall not participate, practice or play in any particular sport for more

than one member or affiliate school during one particular season.

a. The Executive Director may waive the provisions of this rule in

situations involving the moving of a student with his parent(s) or legal

guardian(s) from the boundaries of one member or affiliate school to

another member or affiliate school during a season. See, Regulation

2070.061.

b. Both schools involved with a student who moves from the

boundaries of one member or affiliate school to another member or

affiliate school during a sport season must approve the Executive

Director’s waiver.

c. A waiver by the Executive Director is valid if it complies with

subsection (b), above, and meets the following criteria:

1. The transfer is completed before the season is half over;

and

2. The student transferring participates at the sub-varsity

level; and

3. The student transferring was not cut, dismissed or

otherwise rendered ineligible for any reason from the team of the

member or affiliate school from which the student is

transferring.

2070.0694 Reestablishing Eligibility Following Transfer

A student may reestablish eligibility for participation in any NIAA sanctioned

sport by complying with subsection (a) or (b), and (c) below:

a. Serving 180 continuous days of ineligibility at the school to

which the student transferred.

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b. Obtaining a favorable ruling from an appeals panel pursuant to

Regulation 2090.

c. Complying with all other Regulations set forth in Regulation

2070 regarding eligibility for participation in NIAA sanctioned sports.

2070.0695 Registration of Transfer Pupils

A student who has transferred to a member or affiliate school, and who has

been granted eligibility for participation in NIAA sports in accordance with all

the applicable provisions of Regulation 2070, shall not be eligible to participate

in competition until the principal of the member or affiliate school to which the

student has transferred has in his possession the official scholastic record of the

student attested to by the appropriate administrator of the member or affiliate

school from which the student transferred.

a. The principal of the member or affiliate school to which the

student transfers must provide a copy of the student’s official transcript

to the Executive Director before the student will be eligible to compete.

b. The principal of the member or affiliate school shall provide the

Executive Director copies of all court orders or decrees affecting the

student before the student is eligible to participate.

2070.0696 One Time Transfer Waiver

A student who attends a public school who has complied with the Board

Policies and Regulations of the student’s school district concerning approval of

a zone variance, and who has completed and received approval from the NIAA

of the One Time Transfer Waiver Form set forth in the NIAA Reference

Manual, shall be entitled to transfer with sub-varsity athletic eligibility only.

a. Students who transfer from a public school to a private school, or

a private school to a public school, or a private school to another private

school within the territory served, are not required to obtain a zone

variance before completing the One Time Transfer Waiver Form.

b. A student who has been denied a One Time Transfer Waiver by

the NIAA shall have the right to appeal that decision pursuant to

Regulation 2090.

c. A student who has been granted a One Time Transfer Waiver

who at any time thereafter transfers to another school, including the

student’s zoned school, shall be athletically ineligible for 180 school

days.

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1. There shall be no appeal from a student requesting a

second transfer.

d. A One Time Transfer Waiver which is approved shall only

become effective at the beginning of a new semester and must meet all

other Regulations of the NIAA including, but not limited to, the one

school per sport season. See, Regulation 2070.0693.

e. Any student, parent(s) or legal guardian(s) of a student who

submits a One Time Transfer Waiver Form, which is subsequently

determined to contain false information, shall be declared athletically

ineligible for two (2) full school years.

Academic Eligibility

2070.070 Academic Eligibility

A student must meet the following minimum academic criteria set forth in

Regulations 2070.071 through 2070.0791, to be eligible for NIAA sanctioned

interscholastic activities. A member or affiliate school may impose more

stringent academic criteria for its students.

2070.071 First Semester Ninth Grade Students

A first semester ninth grade student is presumed academically eligible to

participate in any NIAA sanctioned sport upon enrollment at a member or

affiliate school.

2070.072 Minimum Units of Credit

A student must be enrolled in at least two units of semester credit and must be

in regular attendance at a member or affiliate school for each semester the

student participates in any NIAA sport. A student must pass a minimum of two

units of credit the previous semester. Students failing to do so shall be

ineligible for one semester unless they are passing two units of credit at the

nine-week grading period, at which time they will be placed on weekly

probation. If at any time during the probationary period, the student receives a

failing grade, the student shall become ineligible for the remainder of the

semester without further recourse.

a. “Unit of credit” shall have the meaning ascribed to it in

Regulation 2070.002(n).

b. A unit of credit includes any unit of credit granted by a high

school, including credit for religion courses, so long as the unit of credit

meets the requirements of subsection (a), above.

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Agency Draft of Proposed Regulation R093-01

c. A student may enroll for one unit of credit per semester in post-

secondary, summer school, night school or correspondence course work

and receive credit for the satisfactory completion of that course work

toward satisfaction of academic eligibility requirements if the principal

of the member or affiliate school in which the student is enrolled has

provided written approval that the course will be accepted by the member

or affiliate school toward the student’s graduation requirements.

1. The course work referenced in Regulation 2070.072(c),

above, becomes part of the student’s academic record and counts

toward eligibility standards once the grade is posted on the

student’s transcript.

2. Member or affiliate schools are responsible for insuring

the classes referenced in Regulation 2070.072(c) are periodically

checked for purposes of deter-mining academic eligibility.

2070.073 Options for Determining Academic Eligibility

Each school district having a member or affiliate school must adopt, prior to

commencement of the school year, one of the options set forth in Regulations

2070.074 to 2070.077, inclusive, for determining the academic eligibility of its

students who participate in any NIAA sanctioned sport. The member or

affiliate school must continually monitor the academic progress of such

students in accordance with the chosen option during all times the student is

participating in a NIAA sanctioned sport. The four options available for

determining academic eligibility include:

a. Passing academic grades in all courses during the sport season

with progress checked a minimum of once every three weeks (Regulation

2070.074);

b. A 2.0 minimum academic grade point average during the prior

semester (Regulation 2070.075);

c. A combination of (A) and (B), above (Regulation 2070.076); or

d. Either passing academic grades in all courses during the sports

season with progress checked a minimum of once every three weeks

(Regulation 2070.074), or a 2.0 minimum academic grade point average

during the prior semester (Regulation 2070.075).

2070.074 Passing Grades In All Courses; Three-Week Grade Checks

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Agency Draft of Proposed Regulation R093-01

Pursuant to this option any student who participates in a NIAA sport must

maintain passing grades in academics throughout the duration of the sport.

a. The student’s progress in all academic courses must be checked a

minimum of once every three weeks.

1. All classes in which the student is enrolled, including

classes outside the member or affiliate school in vocational,

magnet, college or night courses, must be checked by the member

or affiliate school.

b. Dates for three week progress checks shall be set by the school

district based on its academic calendar and shall be calculated by

starting at the end of the first semester and counting back toward the

beginning of the school year in three week increments, and from the

beginning of the second semester and counting forward towards the end

of the school year in three week increments.

c. The first official grade check shall not occur until after the first

date games can be scheduled for that sport season as determined by the

NIAA’s activities calendar. See Regulation 2070.002(g).

d. The three-week check shall reflect the student’s academic status

from the beginning of the semester to and including the date of the

grade check, and shall be calculated according to local school district

regulations and/or guidelines. These may include cumulative semester

grades, nine-week grades or any combination thereof. It is the

responsibility of each local school district to declare student’s eligible or

ineligible based on the school district’s philosophy.

e. A student who receives a failing grade in an academic course at

any three week grade check shall be placed on probationary status for

one week.

1. A student on probationary status remains eligible to

participate in the sport during the probationary week, but is

subject to a mandatory grade check on the Friday of the

probationary week.

2. If a student on probationary status continues to have a

failing grade at the grade check made on the Friday of the

probationary week, then the student shall be declared ineligible

the following Monday through Saturday.

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Agency Draft of Proposed Regulation R093-01

3. A student who has been declared ineligible following the

probationary week shall have grades checked weekly until the

student becomes eligible even if this period of time goes beyond

the next three-week grade check. Once declared eligible, the

student shall be checked again at the regular three-week grade

check and would be entitled to another probationary week.

f. If a three-week eligibility grade check is set to occur on the day

prior to a recognized holiday or vacation, the following shall apply:

1. A student with a failing grade at that grade check shall be

placed on probationary status beginning on the first school day

following the vacation. If the student is declared ineligible one

or two weeks before a vacation, the student remains ineligible

until he/she no longer has a failing grade.

2. A student on probationary status prior to a holiday or

vacation is academically eligible if his grades are determined to

be passing at the regularly scheduled grade check prior to a

holiday or vacation. If the student’s grades are not determined to

be passing at the grade check occurring the day prior to the

holiday or vacation, then the student shall remain academically

ineligible during the holiday or vacation.

3. A student who has been declared academically ineligible

one or two weeks prior to the vacation remains ineligible until

the student no longer has a failing grade as determined by weekly

grade checks.

g. A student who either withdraws from a class with a failing grade

or is excluded from class with a failing grade at any time during a

semester shall be declared academically ineligible for one week

beginning the following Monday and continuing through the following

Saturday. This one time per class penalty should be administered

immediately after the records become available; however, the student

must still comply with the minimum two (2) units of credit requirement.

See, Regulation 2070.072.

2070.075 2.0 Minimum Grade Point Average

A student must maintain a 2.0 grade point average (“GPA”) during the prior

semester, based on a 4.0 grading system. A student who fails to meet this

minimum requirement shall be ineligible until grades are checked at the next

nine-week period.

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Agency Draft of Proposed Regulation R093-01

a. For purposes of this Regulation a student’s academic eligibility

status shall be determined on the day immediately following distribution

of semester grades.

b. A student who is below a 2.0 GPA at the end of a semester and

remains below a 2.0 GPA at a nine-week progress check remains

ineligible for the remainder of the semester.

c. A student who receives an incomplete grade at the end of a

semester shall have three weeks to make up the grade. To be eligible a

student must have passed 2 units of credit and accumulated a GPA of

2.0 even if the student has an incomplete grade.

1. Discretion shall be given to the student’s teacher in

deciding upon the appropriate amount of time to accept make up

work, but this discretion shall not exceed three weeks from the

date grades are posted for the grading period.

2. Within three weeks after grades are posted for a

particular grading period a permanent grade shall be issued and

used to calculate the student’s GPA.

3. An incomplete grade shall not be computed in the

student’s GPA for purposes of determining academic ineligibility

until the student’s permanent grade has been posted.

d. If a student repeats a class during summer school, grades shall

be computed in accordance with the regulations of the specific school

district. The summer school grade may be used as it best benefits the

student in the previous or current semester. Grades may only be used

one time for this purpose.

2070.076 Combination

A student must maintain both passing grades during the sport and a 2.0 GPA

the prior semester as outlined in Regulations 2070.074 and 2070.075, above.

2070.077 Alternative

A student must maintain either passing grades in all classes or a 2.0 GPA as

outlined in Regulations 2070.074 and 2070.075, above.

2070.078 Special Education Students

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Agency Draft of Proposed Regulation R093-01

A student who qualifies for special education services pursuant to the

Individuals With Disabilities Education Act, 20 U.S.C. § 1400, et seq.

(“IDEA”), or Nevada law, NRS 388.450, et. seq. and NAC Chapter 388, must

meet the same minimum academic criteria as non-disabled regular education

students.

a. Any exception to the NIAA’s minimum academic criteria for

athletic eligibility which is set forth in the Individual Education Plan

(“IEP”) of a special education student may be considered by the NIAA

pursuant to the student hardship appeal procedure set forth in

Regulation 2090 if the exception is based on the student’s disability.

b. An exception to the NIAA’s minimum academic criteria for

athletic eligibility set forth in the IEP of a special education student after

the student has been declared academically ineligible will not be subject

to challenge pursuant to Regulation 2090 until the commencement of

the next progress report period.

2070.079 Home School Students

A home school student who enrolls at a member or affiliate school must

establish by a preponderance of the evidence that the student successfully

passed two units of semester credit and maintained a 2.0 GPA the previous

semester to be academically eligible at the member school.

2070.0791 General Exceptional Circumstances

The following Regulations apply to assist member or affiliate schools with the

interpretation and application of the academic eligibility rules.

a. If a teacher has made a mistake in calculating a student’s grade

thereby rendering the student academically ineligible, the student shall

become immediately eligible following discovery of the mistake. The

principal of the member or affiliate school involved, or his designee,

shall be responsible for making this decision.

b. A student who has been academically ineligible during a

semester and who has practiced with the team after first receiving

approval from the principal of the member or affiliate school to do so,

becomes academically eligible the day grades are officially submitted to

the member or affiliate school’s computer system if the student is

academically eligible in accordance with the above regulations at that

time.

2070.0792 NIAA Assistance

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Agency Draft of Proposed Regulation R093-01

The NIAA office is available to assist any member or affiliate school with the

interpretation of the NIAA’s academic eligibility rules.

Minimum Practice And Maximum Participation

2070.080 Ten Day Practice Rule

A student who participates in any sport is required to have completed ten (10)

days of practice under the direct supervision of the member or affiliate school

coaching staff for that particular sport before the student shall be eligible to

participate in any NIAA sanctioned game, contest or meet.

a. Each calendar day, excluding Sundays, counts as one practice

regardless of whether multiple practices are held on a given day.

b. A student who participated individually or on a team that

qualified for regional playoff or state competition during the prior

season that overlaps the beginning of the next season in question must

complete a minimum of five (5) days practice to be eligible for

competition in the next sport. A student cannot practice and compete in

interscholastic competition on the same day.

c. Any student who participates in baseball is prohibited from

pitching until he has completed ten (10) days of practice.

2070.081 Minimum Team Practices

A team that competes in any sport must complete ten (10) days of organized

practice under the direct supervision of the coaching staff for that particular

sport before participating in any interschool game, contest or meet.

2070.082 Golf and Bowling

The minimum practice requirements for individuals and teams, set forth in

Regulations 2070.080 and 2070.081 do not apply to students or teams

participating in boys or girls golf or bowling.

2070.083 Sundays

a. Practices on Sundays are prohibited.

b. Any game, contest or meet sponsored or sanctioned by the NIAA,

or any of its member or affiliate schools, shall not be scheduled on a

Sunday, except for boys and girls skiing.

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Agency Draft of Proposed Regulation R093-01

c. Participation of individual students or teams of member or

affiliate schools in out-of-state competitions held on a Sunday may be

granted if approval is first obtained from the Executive Director.

2070.084 One Sport Per Season Per Year

A student may only participate in one sport during any sport season, and in one

sport during one year.

a. “Sport” shall have the meaning ascribed to it in Regulation

2070.002(k), and “sport season” shall have the meaning ascribed to it in

Regulation 2070.002(l).

b. A student may transfer to another sport during the same sport

season offered by the student’s member school if:

1. The transfer occurs prior to the first scheduled game,

contest or meet for both sports; and

2. The transfer has been approved by the principal and both

coaches of the member or affiliate school; and

3. Approval of the transfer has been granted by the

Executive Director.

c. No student shall be eligible to participate in the same sport more

than one time during a school year regardless of where the participation

occurs.

2070.085 Gender Limitations

Member or affiliate schools shall designate the gender of students allowed to

participate on the member or affiliate school’s team for any sport in accordance

with the following:

a. If only a boy’s team is offered, girls shall be allowed to compete

and qualify for the boy’s team.

b. If only a girls team is offered, boys are prohibited from

competing and qualifying for the girls team unless the opportunities for

boys to participate in all sports at the member or affiliate school have

been limited in comparison to opportunities offered to girls for

participation in sports at the member or affiliate school.

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Agency Draft of Proposed Regulation R093-01

1. A request by a boy to compete or qualify for a girls team

must be submitted in writing to the principal of the member or

affiliate school, and must set forth, in detail, the reasons for the

request.

2. If the principal approves the request, it must be submitted

to the Executive Director for approval fifteen (15) days prior to

the start of the season.

c. If both a boys and girls team is offered by the member or affiliate

school, a student is limited to participation on the team of his/her

gender.

Physical Examination and Medical Release Requirement

2070.090 Physical Examination

A student who, for the first time, wishes to compete in any sport is required to

complete a physical examination in accordance with the NIAA Pre-

Participation Physical Evaluation Form, and be approved for interscholastic

competition by a licensed health care professional authorized to perform the

NIAA Pre-Participation Physical Evaluation in accordance with the Nevada

Revised Statutes and Nevada Administrative Code governing the practice for the

licensed health care professional.

a. A student who has previously complied with the provisions of

Regulation 2070.090, must complete the NIAA Health

Questionnaire/Interim Form each subsequent year the student competes

in any sanctioned sport.

1. Any affirmative response to a question on the NIAA

Health Questionnaire/Interim Form shall require the student to

submit to a complete physical examination as provided in

Regulation 2070.090, before the student is eligible for

participation.

b. Both the NIAA Pre-Participation Physical Evaluation Form and

the NIAA Health Questionnaire/ Interim Form must be kept on file by

the member or affiliate school and reviewed each season the student

participates by the athletic director, athletic trainer and/or the school

nurse.

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Agency Draft of Proposed Regulation R093-01

c. If the religious beliefs of a student prohibit submission to a

physical examination, the student, the student’s parent(s) or legal

guardian(s) shall execute a release which includes indemnification and

hold harmless language relieving the member or affiliate school, school

district, conference and the NIAA from all liability which may arise as a

result of the student’s participation in that particular sport.

d. Sample forms for the release referenced in Regulation

2070.090(c) can be found in the NIAA Reference Manual.

2070.091 Medical Release

Any student injured in a sport who seeks treatment from a licensed health care

provider shall not be allowed to resume participation in the sport until the

health care provider submits a written and signed document addressed to the

principal of the member or affiliate school clearing the student for

participation. All such documents must be kept by the member or affiliate

school as part of the student’s records.

Prohibited Conduct And Penalties

2070.100 Participation of Ineligible Student In Game, Contest or Meet

A student who is declared ineligible for participation in any NIAA sanctioned

sport pursuant to NIAA Regulations is prohibited from appearing in any game,

contest or meet.

2070.101 Practice

A student who is declared ineligible for participation in any NIAA sport during

a particular season may practice if the coach and principal of the member or

affiliate school grant approval.

a. Any ineligible student is prohibited from participating in any

interscholastic competition including, but not limited to, scrimmages,

exhibitions, etc.

2070.102 Continuance of Ineligibility Following Transfer

Any student declared ineligible for participation in interscholastic athletics,

whether pursuant to the policies, rules or regulations of the NIAA, a member or

affiliate school, a school district having a member or affiliate school in the

NIAA, or any other state high school athletic association, member or affiliate

member thereof, may not transfer and thereby obtain eligibility at any NIAA

member or affiliate school.

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Agency Draft of Proposed Regulation R093-01

a. Any such student shall remain ineligible for participation in any

NIAA sanctioned sport for the period of ineligibility originally imposed.

b. Any such student shall be subject to a determination of eligibility

following expiration of the period of ineligibility in accordance with the

policies, rules and regulations of the NIAA.

2070.103 Actions To Circumvent Eligibility

A student who is determined to have circumvented or attempted to circumvent

the eligibility requirements of the NIAA, a member or affiliate school, or any

other state athletic association, shall be declared ineligible for participation in

any NIAA sport for a minimum of 180 school days.

a. If there is reasonable cause to believe a student has transferred

between any NIAA member or affiliate schools or school districts having

NIAA member or affiliate schools, or has transferred to a NIAA member

or affiliate school from outside the state of Nevada with the primary

purpose being to avoid the eligibility requirements of the NIAA, any of

its member or affiliate schools or school districts, or an out of state

school, school district or athletic association, that student shall be

required to prove, in accordance with the appeal procedures set forth in

Regulation 2090, that the transfer was based on a good faith, bona fide

reason unrelated to avoiding the eligibility requirements of the

respective school, school district or athletic association from which the

student transferred.

b. If the student fails to carry the burden of proof required by

Regulation 2090, the Executive Director shall declare the student

ineligible for the remainder of the school year and for 180 school days

thereafter.

c. If it is determined the student, the student’s parent(s) or legal

guardian(s) has falsified any records or information generated as a

result of the transfer or hearing process, the Executive Director shall

declare the student ineligible for participation in all NIAA sanctioned

sports, for two (2) calendar years from the date of the last game, contest

or meet in which the student participated.

2070.104 School Shopping

Any student determined to have engaged in school shopping, as defined in

Regulation 2070.002(j), shall be declared ineligible for participation in any

NIAA sanctioned sport for 180 school days.

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Agency Draft of Proposed Regulation R093-01

2070.105 Recruiting Prohibited

The recruiting or attempted recruitment of students for athletic purposes, as

defined in Regulation 2070.002(h), regardless of the student’s residence, is a

gross violation of the spirit and philosophy of the bylaws of the NIAA and these

Regulations, and is expressly prohibited.

a. A student who is the subject of a recruiting violation shall be

declared ineligible for a minimum of one semester and a maximum of

one school year.

b. A member or affiliate school which violates this Regulation may

be placed on probation for one year. See, Regulation 2095.010(b).

c. A coach who violates this Regulation may be suspended for a

period of one year. See, Regulation 2095.010(c)

2070.106 Undue Influence

The use of undue influence, which is the use of direct or indirect

communication by anyone associated with a member or affiliate school with a

prospective student athlete in an attempt to solicit or encourage the enrollment

of a prospective student athlete in that school, is prohibited. Additionally, no

person associated with a member or affiliate school may request any third party

to solicit or encourage the enrollment of a prospective student athlete in that

school, for in that case the third party also becomes associated with the member

or affiliate school.

a. Undue influence includes, but is not limited to:

1. Initiating or arranging telephone, telegram or other

written contact such as questionnaires, cards or letters, with a

prospective student athlete or member of his/her family for the

purpose and intent of soliciting or encouraging the enrollment of

the student in a school.

2. Visiting or entertaining a prospective student athlete or

member of his/her family for the purpose and intent of soliciting

or encouraging the enrollment of the student in a school.

3. Providing transportation to a prospective student athlete

or member of his/her family to visit a school or to meet with

anyone associated with a school for the purpose and intent of

soliciting or encouraging the enrollment of the student at that

school.

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Agency Draft of Proposed Regulation R093-01

4. Attending grade school, junior high or middle school

games for the purpose of evaluating and recruiting specific

prospective student athletes that are not assigned to their

respective attendance zone.

5. Requesting booster club members, students, or alumni

from a school to discuss the merits of the schools athletic

program with a prospective student athlete or member of his/her

family by phone, in person or through letters or other written

communication.

6. Any other contact with a prospective student athlete or

member of his/her family for the purpose and intent of soliciting

or encouraging the enrollment of the student in a school.

b. No member of affiliate school, and no one acting on behalf of

any member or affiliate school, may give any speech or any slide, film or

tape presentation or distribute any written material, including

advertisements in newspapers, magazines or other publications, which

state or imply that a member of affiliate school’s athletic program is

better than the athletic program of any other member of affiliate school

or that it would be more advantageous for any prospective student

athlete to participate in athletics at that member of affiliate school as

opposed to any other member or affiliate school.

1. This Regulation is not intended to prevent a member or

affiliate school from conducting academic recruitment programs

or recruitment programs designed to attracted students based

upon the school’s overall educational and extra-curricular

programs. However, such recruitment programs must be

designed to present the overall educational and extra-curricular

programs of the school and not be used as a subterfuge for

recruiting students for athletic purposes.

c. When a student at a junior high, middle school or other high

school, or the parent(s) or legal guardian(s) of that student contacts a

coach about attending the coach’s school, the coach must immediately

refer the student, parent(s) or legal guardian(s) to the principal or other

appropriate school personnel, who have the responsibility of seeking and

processing prospective students.

d. It shall not be considered a violation of this Regulation for a

coach to have normal community contact with a student who attends a

junior high or middle school of the same school district, which is a

feeder school to the high school at which the coach is employed.

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Agency Draft of Proposed Regulation R093-01

2070.107 Special Inducement

A student athlete may not receive or be offered any remunerations of any kind

or receive or be offered any special inducement of any kind, which is not made

available to all students who enroll in or apply to a member or affiliate school.

a. Special inducements include, but are not limited to, the

following:

1. Offer or acceptance of money or other valuable

consideration such as free or reduced tuition during the regular

school year or summer school by any person associated with a

school.

2. Offer or acceptance of room, board, text books or

clothing, or financial allotment for text books or clothing.

3. Offer or acceptance of pay for work that is not performed

or that is in excess of the amount regularly paid for such service.

4. Offer or acceptance of free transportation by any person

associated with a school.

5. Offer or acceptance of a residence with any person

associated with a school.

6. Offer or acceptance of any privilege not afforded to non-

athletes.

7. Offer or acceptance of free or reduced rent for parent(s)

or guardian(s) of a student athlete.

8. Offer or acceptance of payment of moving expenses for

parent(s) or guardian(s) of student athletes or assistance with the

moving of parent(s) or guardian(s) of student athletes.

9. Offer or acceptance of employment of parent(s) or

guardian(s) in order to entice the family to move to a certain

community if any person associated with the school makes the

offer.

10. Offer or acceptance of help in securing a college athletic

scholarship.

2070.108 Penalties for Using An Ineligible Student

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Agency Draft of Proposed Regulation R093-01

The following penalties shall be imposed against a NIAA member or affiliate

school that uses an ineligible student for competition in any game, contest or

meet during the regular season or during post-season play:

a. For team sports including, but not limited to, baseball,

basketball, football, soccer, softball and volleyball:

1. The school shall forfeit all games or contests in which the

ineligible player participated;

2. The team’s place in conference or tournament standings

shall be adjusted to reflect games or contests the team is required

to forfeit;

3. The team shall return to the NIAA all awards given to the

team or any individual member of the team.

b. For individual sports including, but not limited to, cross-country,

golf, swimming and diving, skiing, tennis, track and field, and wrestling:

1. All individual matches, places, points, and scores of the

ineligible student, and all contributions made by the ineligible

student to the team, shall be eliminated;

2. The conference and tournament standing or place of the

team shall be adjusted based on the reduction of points or score

for use of the ineligible student;

3. The ineligible student shall return to the NIAA all awards

given to the ineligible student during the period of ineligibility;

4. The team shall return to the NIAA all awards given to the

team if elimination of points and scores contributed to the team

by the ineligible student results in an adjustment to the team’s

place or standing in conference or tournament event.

c. In addition to the penalties set forth in subsection (b), above, if it

is determined that use of an ineligible student occurred as a result of the

student, the student’s parent(s) or legal guardian(s) falsifying records or

other information provided to the member or affiliate school, the student

shall be declared ineligible to participate in any NIAA sanctioned sport

for two (2) calendar years from the date of the last game, contest or meet

in which the ineligible student participated.

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Agency Draft of Proposed Regulation R093-01

d. If the use of an ineligible student is discovered during any

tournament, the team or student most recently defeated by the ineligible

team or ineligible student shall replace the ineligible team or ineligible

student for the remainder of the tournament.

e. A member or affiliate school adversely effected by use of an

ineligible student may appeal any forfeiture to the NIAA in accordance

with the procedure for appeal hearings set forth in Regulation 2090.

1. The burden of proof rests with the school filing the appeal

to establish by a preponderance of the evidence that the game,

contest or meet would have been won by the school without the

participation of the ineligible student.

2. An ineligible student who starts and/or participates in

over one half of the game, contest or meet in question shall not

have the right to appeal.

3. The opposing school or schools shall have an opportunity

to be heard at any such appeal.

2070.109 Restitution

Any team or individual student which has been disqualified or rendered

ineligible in accordance with the NIAA’s Regulations, which is subsequently

permitted to participate in interscholastic competition based upon a restraining

order, injunction or other directive issued by a court of competent jurisdiction

against a member or affiliate school, school district or the NIAA, or any

combination thereof, and the restraining order, injunction or court directive is

subsequently vacated, stayed, reversed or ultimately determined not to justify the

initial relief granted, shall have the penalties outlined in Regulation

2070.108(a) through (d) imposed as a means of restitution and fairness to the

other member and affiliate schools.

2070.110 Coach to Accompany Team or Student; Ejections; Forfeiture

a. A team or student representing a member or affiliate school in

connection with any NIAA sanctioned sport shall be accompanied by a

coach or a designated member of the school at all times.

b. If a coach is ejected from a game, contest, or meet, and there is

no coach or designated member of the school to supervise the team or

student during the remainder of the game, contest or meet, the team or

student shall forfeit and, if appropriate, be disqualified from the game,

contest or meet.

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Agency Draft of Proposed Regulation R093-01

Reporting of Violations

2070.200 Generally

All NIAA member and affiliate schools have an ethical obligation and are

obligated to report violations of any NIAA Regulation to the member or affiliate

school allegedly in violation of the Regulation. See, Regulation 2090.010.

a. NIAA member and affiliate schools shall also report any

violations of NIAA member and affiliate schools to the Executive

Director immediately after becoming aware of the alleged violation. See,

Regulation 2090.010.

b. NIAA member and affiliate schools are obligated to self report

violations of NIAA Regulations committed by the school, any of the

school’s teams, or individual students to the Executive Director

immediately after becoming aware of the alleged violation.

2070.201 Cooperation With Investigations

Any NIAA member or affiliate school which is the subject of a NIAA

investigation shall cooperate fully with the Executive Director and all members

of the NIAA involved in the investigation. See, Regulation 2090.010. If it is

determined that a NIAA member or affiliate school has failed to cooperate with

the NIAA during the course of an investigation the member or affiliate school

in violation may be placed on probation or suspended from membership in the

NIAA. See Regulation 2095.010.

Eligibility of Coaches

2070.300 Generally

All newly hired faculty and non-faculty member coaches at any member or

affiliate school shall be required to complete the courses set forth below to be

eligible to coach during the following year:

a. NFICEP Coaching Principles, or equivalent;

b. NFICEP Sport First Aid, or equivalent;

c. CPR certification;

d. It shall be the responsibility of all schools in the State of Nevada

to honor this requirement.

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Agency Draft of Proposed Regulation R093-01

Section 2070 rewritten June 2001;

REGULATION 2080

SPORTSMANSHIP, ETHICS, PROHIBITED CONDUCT AND BEHAVIOR

General Rule

2080.001 General Philosophy

Athletic activities are an extension of the classroom and the instructional

environment for those activities is not the place for the display of

unsportsmanlike conduct by any of the participants. The fundamental purpose

of interscholastic activities is to instill and develop the character and morals of

the participants involved. Accordingly, the participation of a student, coach or

official in any NIAA sanctioned sport shall always be viewed as a privilege and

not a right, which privilege may be suspended or revoked if abused.

a. A student who represents a school in any NIAA sanctioned sport

must be a credible citizen as judged so by the appropriate school

authorities. Any student whose character or conduct is such as to reflect

discredit upon the student or the students’ school is not considered a

"credible citizen." A student’s conduct shall be satisfactory in

accordance with the standards for good discipline prescribed by the

specific member or affiliate school and school district.

1. Conduct which reflects discredit on the school shall

include, but is not limited to, the following:

A. Violation of school or team training or

disciplinary rules;

B. Use or possession of tobacco, alcoholic beverages

or controlled substances;

C. Stealing, vandalism or any other act which

violates state law or school rules.

b. A coach, administrator, faculty member or any other

representative of a member or affiliate school shall practice and exhibit

the highest principles of sportsmanship and ethics in all NIAA

sanctioned sports.

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Agency Draft of Proposed Regulation R093-01

c. An official assigned to any contest shall practice the highest

degree of ethics and impartiality in fulfilling that assignment.

d. Any student, coach, administrator, faculty member or other

representative of a member or affiliate school, or any official found in

violation of the general philosophy of the NIAA, set forth in this

Regulation, shall be subject to the penalties set forth below.

Code of Ethics Applicable To Students, Coaches and Officials

2080.010 Generally

The practice of good sportsmanship by all participants in any NIAA sanctioned

sport is expected at all times. The following Codes of Ethics shall apply to

students, coaches, officials, administrators and faculty members of member or

affiliate schools, who participate in or are assigned to any NIAA sanctioned

sport.

2080.011 Students

Any student appearing on a NIAA roster for any sport shall conduct

himself/herself in accordance with the following Code of Ethics.

a. Treat opponents with respect; shake hands prior to and after all

contests.

b. Respect the judgment of contest officials, abide by the rules of the

games, contest or meet, and display no behavior that might insight fans.

c. Cooperate with officials, coaches and fellow participants to

conduct a fair game, contest or meet.

d. Not make statements to the news media critical of any game

official, the NIAA, or any other school’s team, players, coaches,

administrators or representatives. See, Regulation 2080.024.

e. Accept seriously the responsibility and privilege of representing

your school and community by displaying positive behavior in public at

all times.

f. Live up to the high standards of sportsmanship established and

expected by your coach and school.

2080.012 Coaches

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Agency Draft of Proposed Regulation R093-01

All member and affiliate schools of the NIAA entrust their coaches to

contribute to the educational development of their students through athletic

and/or non-athletic activities. In recognition of these expectations, it shall be

the responsibility of a coach to follow the directions provided in the following

Coaches Code of Ethics. Accordingly, all coaches shall:

a. Abide by the spirit and letter of the NIAA’s policies, rules and

regulations as well as those of the National Federation of High Schools.

b. Not make statements to the news media critical of any game

official, the NIAA, or any other school’s team, players, coaches,

administrators or representatives. See, Regulation 2080.024.

c. Cooperate with others in the field of education and within the

athletic department of the school.

d. Exemplify behavior that is a credit to the teaching profession,

your program and school.

e. Exercise patience, tolerance and diplomacy in relations with all

players, coaches, contest officials and spectators.

f. Adhere to high ideals of sportsmanship including cooperation,

courage, unselfishness and self-control, as well as desires for clean,

healthful living and respect for discipline and authority.

g. Support all reasonable actions to improve athletic conditions, to

provide for adequate equipment, and to promote the welfare of all

participants.

h. Demonstrate high ideals, good habits and desirable attitudes in

professional behavior, and demand the same standards of your student

athletes.

2080.013 Officials

The NIAA as well as its member and affiliate schools have entrusted officials to

assist them in the educational development of their students through athletics.

To fulfill this goal, officials must be independent, impartial and responsible to

the people they serve. In recognition of these expectations, it shall be the

responsibility of an official to follow the directives provided in the following

Officials Code of Ethics. Violation of the Official’s Code of Ethics shall

constitute a violation of the NIAA rules and regulations and may result in

sanctions or penalties to the offending party. Accordingly, an official shall:

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Agency Draft of Proposed Regulation R093-01

a. Place the welfare of the individual student above all other

considerations.

b. Maintain confidence and control from start of an assignment to

finish.

c. Devote time, thought and study to the rules of the contest and the

mechanics necessary to carry out the rules so that one may render

effective and credible service in a fair and unbiased manner.

d. Work with fellow officials and the NIAA in a spirit of harmony

and cooperation in spite of differences of opinion that may arise from

time to time.

e. Resist every temptation and outside pressure to use one’s position

as an official to benefit oneself or any school, team or student over the

other.

f. Avoid under all circumstances promoting the special interest of

any person or group of persons other than the students served.

g. Constantly uphold the honor and dignity of an official in all

personal conduct and relations with students, coaches, athletic directors,

school administrators, colleagues and the public, and be a worthy

example to the athletes under one’s jurisdiction.

h. Be prepared both physically and mentally, dress according to

expectations, and maintain a proper appearance that is befitting the

importance of the contest.

i. Remember and recognize that it is important to honor contracts

regardless of possible inconvenience or financial loss.

j. Not make any statements to the news media critical of any

member or affiliate school, administrator, team, coach, student or other

contest official of the NIAA. See, Regulation 2080.024.

k. Abstain from the use of tobacco, alcoholic beverages or drugs on

or in the vicinity of the playing area on the day of the contest.

l. Act in a manner becoming of a professional person at all times.

The conduct of any official influences the attitude of the public toward

the profession in general as well as toward the official in particular.

2080.014 Administrators and Faculty Members

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Agency Draft of Proposed Regulation R093-01

Environment and setting the philosophy that shall permeate the conduct of their

school, students, coaches, teams and representatives in all NIAA sanctioned

sports. Accordingly, school administrators and faculty members shall adopt

and follow the Administrators and Faculty Members Code of Ethics with

respect to all NIAA sanctioned sports sponsored by their school. An

administrator or faculty member shall:

a. Develop a program for teaching and promoting the ideals and

fundamentals of good sportsmanship within the school, the conference,

and the state of Nevada.

b. Provide appropriate supervisory personnel for all NIAA

sanctioned sports hosted by the member or affiliate school.

c. Support students, coaches and fans who teach and display good

sportsmanship.

d. Recognize exemplary behavior and actively discourage

undesirable conduct by participants, coaches and fans.

e. Attend all NIAA sanctioned sports whenever possible.

f. Not make any statements to the news media critical of any

school, administrator, team, coach, student, official or the NIAA. See,

Regulation 2080.024.

g. Comply with the provisions of Regulation 2080.031.

Unsportsmanlike Behavior And Conduct

2080.020 Sportsmanship

All students, administrators and faculty members, coaches and officials are

expected to follow the Code of Ethics set forth in Regulations 2080.011 through

2080.014, at all times in which they are participating in a NIAA sanctioned

sport.

a. Any violation of the provisions of Regulations 2080.011 through

2080.014 may result in the imposition of the sanctions and penalties set

forth in Regulation 2095.010, below.

b. Specific violations of Regulations 2080.021 through 2080.024,

shall carry the penalties specified in each Regulation.

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Agency Draft of Proposed Regulation R093-01

2080.021 Respect For Officials

Authority vested in the game, contest or meet officials must be respected and

upheld at all times.

a. Any violation of Regulations 2080.011 through 2080.014 by a

student, coach, administrator or faculty member of a member or affiliate

school shall be documented in a written report prepared by the principal

or designated administrator of the member or affiliate school in which

the student is enrolled, or the coach, administrator or faculty member is

employed.

1. A copy of the report of the incident shall be provided to

the Executive Director within twenty-four (24) hours of the

occurrence and shall include the names of all persons involved

as well as a statement of the disciplinary action the member or

affiliate school intends to impose against the team, student,

coach, administrator or faculty member involved.

2. The Executive Director shall review the incident report as

soon as is practical, and may impose additional sanctions against

the team, student, coach, administrator or faculty member, as

warranted.

b. If an act of violence is committed against an official assigned to a

game, contest, or meet by a fan, team, student, administrator or faculty

member enrolled, employed, or affiliated with a member or affiliate

school, the principal or designated administrator of the member or

affiliate school which enrolls, employs, or has the affiliation with the

individual or group involved shall prepare a written report of the

incident and send the report to the Executive Director within twenty-

four (24) hours following the occurrence.

1. An “act of violence” includes, but is not limited to the

unwelcome and intentional touching, hitting or shoving of an

official, as well as any conduct that threatens the safety of the

official in any fashion.

2. The documentation provided to the Executive Director

shall include a statement of the names of all persons involved in

the incident as well as the disciplinary action the member or

affiliate school has or will impose against the group or individual

involved.

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Agency Draft of Proposed Regulation R093-01

3. The Executive Director shall review the documentation as

soon as is practical and may impose any penalty or sanction

beyond those imposed by the member or affiliate school,

including the penalties set forth at Regulations 2095.010.

2080.022 Ejections

An ejection occurs whenever a coach or student athlete is permanently removed

from a game, contest or meet by an official assigned to the game, contest or

meet.

a. Unsportsmanlike conduct, which results in the ejection of a

student athlete or coach from a NIAA sanctioned sport, shall be treated

as follows:

1. If the ejection occurs prior to the last game, contest or

meet of a season, the student or coach shall be immediately

removed from the game, contest, or meet in which the ejection

occurred and shall be rendered ineligible to participate in the

next scheduled game, contest or meet of that season.

2. If the ejection occurs during the last game, contest or

meet of a particular season, the student or coach shall be

immediately removed from the game, contest or meet in which

the ejection occurred, and shall be rendered ineligible for the

first scheduled game, contest or meet set for the following season

in that sport.

3. Ejections occurring during the last game, contest or meet

of a season which involves a student who is a senior shall result

in that student being immediately removed from the game,

contest or meet in which the ejection occurred, and the student

shall be rendered ineligible for the first scheduled game, contest

or meet of the next sport season in which the senior participates.

4. In all cases, if a student or coach has been rendered

ineligible to participate due to an ejection, the student or coach is

prohibited from being on the premises during that game, contest

or meet and any other game, contest or meet from which the

student or coach has been excluded as a result of the ejection.

b. A coach or student who is ejected from a game, contest or meet is

prohibited from being on the premises during the game, contest or meet

from which he/she has been ejected or rendered ineligible as a result of

the ejection, as well as the next regularly scheduled game, contest or

meet.

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Agency Draft of Proposed Regulation R093-01

1. Premises shall be defined as the total area in which the

game, contest or meet takes place including any area designated

for spectators.

2. No student ejected from a game, contest or meet at a

venue away from the student’s home school shall be left

unsupervised. It shall be the responsibility of the student’s head

coach to ensure proper adult supervision of the student takes

place.

c. A second ejection of a coach or student athlete from a game,

contest or meet during the same season must be reported to the

Executive Director by the principal or designated administrator of the

member or affiliate school employing or enrolling the coach or student,

who shall be vested with authority to impose additional disciplinary

action including the penalties outlined in Regulation 2095.010.

d. A third ejection of a coach or student athlete from a game,

contest or meet during the same season shall result in the coach or

student athlete being suspended from participation in the sport for the

remainder of the season.

e. It shall be the responsibility of the coach to know these

Regulations and to impose the same against himself, his assistant

coaches, and student athletes. The principal, designated administrator

of the member or affiliate school or Executive Director may impose

additional sanctions against the coach or student athlete in accordance

with Regulation 2095.010, if warranted.

f. There shall be no appeal from the decision of a game, contest or

meet official to eject a coach or student athlete from a game, contest or

meet.

2080.023 Bench Clearing

A bench clearing incident occurs whenever before, during or after the course of

a NIAA sanctioned sport a student athlete, group of student athletes, team,

coach or coaches leave the bench, sideline or other area outside the designated

playing field or area of play, and enter onto the designated playing field or area

of play in response to an incident, altercation or fight occurring during the

game, contest or meet.

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Agency Draft of Proposed Regulation R093-01

a. A head coach is responsible for, and shall maintain control over,

his student athletes during any game, contest or meet in which his

student athletes compete. If a coach’s student athletes leave the bench,

sideline or other area outside the designated playing field or area of

play, and enter onto the designated playing field or area of play in

response to a bench clearing incident, the head coach shall be ejected

for the remainder of that game, contest or meet and shall be suspended

for the next scheduled game, contest or meet.

b. Coaches shall develop a plan of action to be implemented by their

coaching staff and student athletes in response to any bench-clearing

incident. The plan of action may include methods by which the coach

and coaching staff assist game, contest or meet officials in preventing or

subduing the bench clearing incident if:

1. Such assistance is designed to prevent student athletes

from entering onto the designated playing field or area of play;

and

2. Intervention by the coach and coaching staff reasonably

facilitates the separation of student athletes from opposing

student athletes and coaches.

c. Any student athlete who leaves the bench, sideline or other area

outside the designated playing field or area of play, or who leaves a

designated fielding position within the designated playing field or area

of play to which the player has been assigned and, thereafter, enters

onto the designated playing field or area of play in response to a bench

clearing incident occurring before, during or after a game, contest or

meet, is guilty of unsportsmanlike conduct and shall be ejected from the

game, contest or meet.

d. If the majority of a team, or both teams, leave the bench, sideline

or other area outside the designated playing field or area of play and

enter onto the designated playing field or area of play in response to a

bench clearing incident occurring before, during or after a game,

contest or meet, the team or teams commit an unsportsmanlike act

which shall result in a forfeiture or double forfeiture of the game,

contest or meet.

e. Any student athlete identified as being involved in a fight,

altercation or incident which results in a bench clearing incident shall

be ejected from that game, contest or meet, and shall be ineligible for the

next scheduled game, contest or meet.

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Agency Draft of Proposed Regulation R093-01

f. Any student athlete, coach or team found guilty of fighting two

(2) times in a single season shall be suspended and rendered ineligible

for the remainder of the season.

1. The Executive Director is authorized to impose additional

sanctions if the second fighting incident occurs with two or less

games, contests or meets remaining in the sport season. See,

Regulation 2095.010.

g. The head coach of a team and the principal or designated

administrator of a member or affiliate school shall ensure that their

team and student athletes who comprise the team act in a sportsmanlike

manner at all times.

1. If an unsportsmanlike incident occurs the principal or

designated administrator of the member or affiliate school

involved, or the Executive Director, shall suspend or declare

ineligible the coach, team or student athlete for a period of time

beyond those stated in Regulation 2080.023, if the circumstances

so warrant.

2080.024 Comments To The Media

At no time shall a coach, official, administrator or student athlete make a

derogatory comment to the media regarding any individual, official or school

involved in any game, contest or meet. A violation of this Regulation shall

result in an investigation and if substantiated, a minimum of a one game

suspension shall result.

Revised 7/01;

2080.025 Imposition Of Discipline For Unsportsmanlike Conduct Or Behavior

The disciplinary sanctions set forth in Regulation 2080.021 through 2080.024

may be administered by the game, contest or meet officials, member or affiliate

school administrators, Executive Director, or any combination thereof.

a. Disciplinary sanctions may be imposed immediately during a

game, contest or meet, or following the review of a videotape or written

incident report, regarding the unsportsmanlike conduct or behavior.

b. Any disciplinary sanction imposed by a game, contest or meet

official or an administrator of a member or affiliate school, must be

reported immediately to the Commissioner of Officials who shall

thereafter report the incident to the Executive Director.

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Agency Draft of Proposed Regulation R093-01

Guidelines For Game, Contest And Event Behavior

2080.030 Generally

Coaches, administrators and faculty members of member and affiliate schools

who are involved with NIAA sanctioned sports are role models for the students

involved in such programs whether in the classroom, on the practice field, or at

games, contests and meets. Accordingly, all coaches, administrators and faculty

members of member and affiliate schools are expected to follow and uphold the

respective Code of Ethics applicable to their positions outlined in Regulation

2080.012 and 2080.014, above.

2080.031 Professional Behavior And Maintenance Of Decorum At NIAA Sanctioned

Sports, Activities And Events

a. All coaches, administrators and faculty members of member and

affiliate schools who are involved or have responsibility for any NIAA

sanctioned sport shall refrain from the following behaviors:

1. The use of alcoholic beverages, drugs or tobacco while in

direct supervision of students during practices, games, contests

and meets.

2. The use of foul or abusive language, insulting gestures,

or abusive physical contact toward any student, official or other

person associated with any practice, game, contest or meet.

3. The taunting of any official, student athlete, team, coach

or spectator at any game, contest or meet.

4. The exercising of any conduct which may insight a fight,

violence or other unsportsmanlike act.

b. Coaches, administrators and faculty members of any member or

affiliate school are responsible for assuring that all games, contests and

meets in which their team or student athletes participate are conducted

in a professional manner with the highest degree of sportsmanship

exhibited by all participants in the game, contest or meet.

1. Any coach, administrator or faculty member involved in,

or responsible for, any NIAA sanctioned game, activity or meet

shall exercise the authority of their position to ensure the game,

contest or meet is conducted with the utmost of good

sportsmanship.

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Agency Draft of Proposed Regulation R093-01

2. Any violations occurring at a game, contest or meet shall

be documented in a written report containing the names of all

persons involved, and sent to the Executive Director for his

review within twenty-four (24) hours following the occurrence.

3. The Executive Director shall review the report as soon as

is practical, and shall be vested with authority to impose any

appropriate sanction against the offending party. See,

Regulation 2095.010.

c. Coaches, administrators and faculty members of any member or

affiliate school are responsible for the conduct of their fans at any game,

contest or meet, shall intervene if any unsportsmanlike conduct occurs

through their fans, and shall administer appropriate sanctions or

discipline against the offending party.

Penalties and Sanctions

2080.040 Generally

The Executive Director is vested with authority to impose any appropriate

sanction or penalty including the penalties and sanctions listed in NIAA

Regulation 2095.010 whenever disciplinary action is necessary to enforce any

NIAA Regulation, or when a NIAA Regulation allows the enforcement of a

penalty or sanction in addition to that provided by the specific NIAA

Regulation.

Section 2080 rewritten June 2001;

REGULATION 2090

COMPLAINT AND APPEAL PROCEDURES

General Rules

2090.001 General Rule

All NIAA Rules and Regulations are subject to appeal by an aggrieved student,

or member or affiliate school, unless specifically stated to the contrary. The

procedure for the filing and processing of complaints and appeals from matters

involving NIAA Regulations are set forth below.

2090.002 Definitions

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Agency Draft of Proposed Regulation R093-01

The following definitions shall apply to the words and/or phrases below with

respect to interpretation of NIAA Regulation 2090.

a. “Complaint” means a formal charge filed with the NIAA by a principal

of a member or affiliate school, or any person alleging that a student, coach,

official, affiliate or member school has violated a specific NIAA Regulation.

b. “Complainant” means the person, or member or affiliate school that has

submitted a formal complaint.

c. “Hardship” means unusual circumstances that go beyond the normal

control of the student or his family, or both, and which are unrelated to

participation of the student in NIAA competition.

Complaint Procedure

2090.010 Generally

Complaints which charge a member or affiliate school or a student thereof with

misconduct or a violation of a school, school district or NIAA Regulation, or

any combination thereof, shall be made in writing by the complainant with any

documentation supporting the charge attached thereto, and shall be sent or

delivered to the Executive Director or his designee with a copy to the principal

of the member or affiliate school that has allegedly committed the violation or

infraction. If the complaint is lodged by a member or affiliate school, the

Executive Director shall recommend the process begin with a courtesy call from

the complainant to the principal of the member or affiliate school in which the

infraction has allegedly occurred.

a. Following receipt of the written complaint, the principal of the

member or affiliate school, or the principal of the member or affiliate

school which enrolls the student charged, shall provide a written

response, together with any supporting documentation, to the Executive

Director or his designee.

b. Following receipt of the written response referenced in

paragraph (a), above, the Executive Director or his designee shall

conduct an investigation to determine whether the complaint has factual

and legal merit and what, if any, disciplinary action is warranted.

c. Following investigation pursuant to subsection (b) above, the

Executive Director or his designee shall mail his written decision to the

principal of the member or affiliate school charged and to the student

involved, if applicable. The date of receipt of the decision shall be

deemed to be the date stamped on the envelope by the postal service or

the third day following the mailing.

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Agency Draft of Proposed Regulation R093-01

d. Following receipt of an adverse decision by the Executive

Director, or his designee, the member or affiliate school charged or the

student involved, may appeal the Executive Director’s decision to a

Level II Appeal in accordance with the provisions of NIAA Regulation

2090.024.

Student Hardship Appeals and Procedures

2090.020 General Rule

All NIAA Regulations, which adversely impact a student, are subject to a

hardship appeal by the student unless otherwise stated in the Regulation at

issue. A student shall be deemed to have established the existence of a hardship

by proving through a preponderance of the evidence, the existence of the

following criteria:

a. It is evident that a hardship, as defined in Regulation

2090.002(c), exists; and

b. In situations involving the transfer of a student, there is no

evidence the student was recruited in any way.

2090.021 Level I Appeals - Clark and Washoe County School Districts

The Clark and Washoe County School Districts shall establish Level I appeal

procedures applicable to students attending the respective District’s schools.

Such appeals may be conducted by a District level administrator responsible for

interpreting and enforcing NIAA Regulations, a panel of principals from

member or affiliate schools within the District, or any combination thereof.

2090.022 Level I Appeals - Small Counties and Private Schools

Any appeal involving a student enrolled in a member or affiliate school outside

the jurisdiction of the Clark or Washoe County School Districts, or who is

enrolled in a private school, shall initially be made to the Executive Director.

2090.023 Level I Appeal Procedures

A student who is declared ineligible to participate in any NIAA sanctioned sport

shall have a right to appeal that determination to the appropriate individual or

panel described in NIAA Regulations 2090.021 and 2090.022, above.

a. The student’s appeal shall be in writing and must contain, at a

minimum, the following:

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Agency Draft of Proposed Regulation R093-01

1. The name of the student and the school attended by the

student;

2. The description of the hardship or circumstance which

prevents the student from complying with the Regulation at issue,

and any other documentation or information supporting the

position of the student regarding the appeal.

b. The district administrator, panel or Executive Director

responsible for the Level I appeal shall review the written information

received from the student pursuant to subsection (a). Following the

review the district administrator, panel or Executive Director may:

1. Grant the appeal;

2. Deny the appeal; or

3. Direct the appeal be heard in accordance with the

procedures set forth for appeals at Level II, in accordance with

Regulation 2090.024.

c. The district administrator, panel or Executive Director shall

notify in writing the student and the schools involved in the appeal after

reaching a decision.

d. A student aggrieved by the decision rendered at Level I shall

have the right to appeal that decision to a Level II appeal hearing

pursuant to Regulation 2090.024.

2090.024 Level II Appeal; Hearing Officer

A student adversely affected by a Level I decision shall have a right to a Level II

appeal. If the district administrator, panel or Executive Director direct a Level

I appeal be initially heard at Level II, the Level I appeal shall be heard in

accordance with the procedures set forth below.

a. The Level II appeal shall be heard by a Hearing Officer

approved by the Board of Control to hear Level II appeals, and

appointed by the Executive Director.

b. A non-refundable fee of $250.00 payable to the NIAA shall be

remitted by the student or the parent(s) or legal guardian(s) of the

student with the student’s appeal.

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Agency Draft of Proposed Regulation R093-01

1. The filing fee may be waived if the student qualifies for

the federal school lunch program or if, in the judgment of the

Executive Director, payment of the fee will cause substantial

financial hardship to the student.

c. All Level II appeals shall be heard in either Reno or Las Vegas,

Nevada, unless the Executive Director decides the matter may be heard

at some other location.

d. The Level II appeal shall be conducted as follows:

1. The proceedings shall be closed to the public to protect

the privacy interests of any student under the age of eighteen

(18).

A. A student who has reached the age of eighteen

(18) may elect to have the hearing open to the public.

2. The proceedings shall be tape-recorded.

3. The Hearing Officer appointed by the Executive Director

shall conduct the hearing in accordance with the procedures set

forth for administrative hearings in NRS Chapter 233B.

4. The student shall have an opportunity to call witnesses

and present oral and documentary evidence in support of the

student’s position.

5. The NIAA shall be represented by its legal counsel who

may call witnesses and present oral and documentary evidence in

support of the NIAA’s position.

6. The Hearing Officer may examine the student, the

student’s parent(s) or legal guardian(s), and any other witness at

the hearing.

7. The student and the NIAA shall have the right to present

closing statements to the Hearing Officer following the taking of

evidence.

8. At the close of the evidence, and following conclusion of

any closing statements, the Hearing Officer shall declare the

hearing closed.

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Agency Draft of Proposed Regulation R093-01

9. The Hearing Officer shall, within fourteen (14) days

following the close of the hearing, issue Findings of Fact,

Conclusions of Law and Decision to the student, administrators

of the member or affiliate schools affected by the decision, and

the Executive Director, and NIAA legal counsel.

e. The decision of the Hearing Officer shall be binding and not

subject to further administrative appeal.

f. The office of the Executive Director shall provide administrative

and clerical support to the Hearing Officer, and shall reimburse any per

diem, travel expenses, and fees charged by the Hearing Officer from an

account set up to receive and disburse the fees for appeals.

Member or Affiliate School Appeals From Adverse Determinations

2090.025 Member or Affiliate School Appeals

A member or affiliate school found by the Executive Director to have committed

a violation of school, school district or NIAA Regulations, or any combination

thereof, pursuant to NIAA Regulation 2090.010(c), shall have a right to appeal

that decision in accordance with the procedures set forth in Regulation

2090.024.

Game, Contest or Meet Appeals

2090.030 Official Decision

All decisions of game, contest or meet officials are final and binding unless a

protest procedure exists under the official rulebook of the National Federation

of High Schools for the sport in question. In such cases, the protest procedure

from the official rulebook of the NFHS shall be followed.

Procedures For Applications To Withdraw Or Re-Enter NIAA Membership

2090.040 Procedure For Approval Or Denial Of Application To Withdraw From, Or Re-

Enter, NIAA Membership

The following procedures apply to any member or affiliate school seeking to

withdraw or re-enter from membership within the NIAA.

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Agency Draft of Proposed Regulation R093-01

a. Upon receipt of a request of a member or affiliate school to

withdraw or re-enter the NIAA, the Board of Control shall require the

requesting school to complete an application form and supply such

information as the Board deems necessary to evaluate the impact of the

withdrawal or re-entry upon the interscholastic activities of the existing

membership.

b. Upon the receipt of the application, information and a non-

refundable application fee of $850, the Board of Control shall survey its

membership for comments concerning how the proposed withdrawal or

re-entry effects the interscholastic activities of the existing membership,

including, but not limited to, out-of-state school time, transportation and

per diem costs, length of seasons and competitive factors.

c. The Board shall notify the applicant of the date, time and place

for a public hearing before the Board of Control, at which time,

representatives of the applicant and the existing membership are entitled

to appear and testify before the Board of Control concerning the impact

of the proposed withdrawal or re-entry on the interscholastic activities of

the existing membership.

d. Within thirty (30) days following the close of the public hearing,

the Board of Control shall issue its decision on the application and shall

mail the decision to the applicant. The date of receipt shall be deemed

the date stamped on the envelope by the postal service, or the third (3

)

day following its mailing.

e. Within fifteen (15) days following receipt of the decision of the

Board of Control, the Executive Director shall notify the Legislative

Commission of the application and the action of the Board of Control.

The application must be placed on the agenda of the next regularly

scheduled meeting of the Legislative Commission. The Legislative

Commission shall mail a notice of the date, time and place of the

meeting to the applicant.

f. At the time fixed by the Legislative Commission, the applicant

and a representative of the Board of Control may appear and present the

position of the applicant and the Board of Control in regard to the

proposed withdrawal or re-entry.

g. Within thirty (30) days following the close of the public hearing,

the Legislative Commission shall issue its decision and mail it to the

applicant and the Board of Control.

h. The decision of the Legislative Commission is final and binding

on both the applicant and the Board of Control.

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Agency Draft of Proposed Regulation R093-01

i. The office of the Executive Director shall provide administrative,

legal and clerical support to the Legislative Commission and Board of

Control, and shall reimburse any per diem and travel expenses of the

Legislative Commission and Board of Control from an account set up to

receive and disburse the fees for such applications.

Section 2090 rewritten June 2001;

REGULATION 2095

PROHIBITED CONDUCT BY MEMBER OR AFFILIATE SCHOOL AND

DISCIPLINARY ACTION

General Rules

2095.001 General Rule

Member and affiliate schools are expected to abide by and uphold all of the

NIAA’s Regulations. A violation, or repeated violations, of any NIAA

Regulation by member or affiliate schools shall be grounds for filing a

complaint against the school committing the violation or violations. Any person

having knowledge of a violation of any NIAA Regulation by a member of

affiliate school may file a complaint with the Executive Director pursuant to

NIAA Regulation 2090.010.

2095.002 Postponement Of Game, Contest or Meet

No member or affiliate school may willfully postpone a game without first

securing approval from the principals of both member and/or affiliate schools

and following the regulations of the class of which the member or affiliate

school belongs regarding postponement.

2095.003 Cancellation And Forfeiture Of Game, Contest Or Meet

No member or affiliate school may willfully cancel a game, contest or meet, or

any games, contests or meets, without the approval of the Executive Director,

who shall determine the validity of the request for the cancellation.

a. A violation of this Regulation may subject the offending school

to suspension from the NIAA.

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Agency Draft of Proposed Regulation R093-01

b. Member or affiliate schools withdrawing from the NIAA during

season play shall show on their record “no contest” for games played

following withdrawal. Before the activity may be reinstated, the Board

of Control shall evaluate the reasons for the member or affiliate school’s

prior cancellation and establish conditions for reinstatement of the

cancelled activity.

2095.004 Schools With Which Game, Contest or Meet Prohibited

No member or affiliate schools may engage in any game, contest or meet, or

tournament, with any school that has been suspended or expelled from the

recognized athletic association of that school’s state.

Disciplinary Action

2095.010 General Rule

If disciplinary action is deemed necessary for the enforcement of any NIAA

Regulation, such disciplinary action may consist of any of the following, or a

combination thereof:

a. Warning - is official notice that unethical or unsportsmanlike

action has taken place. The action becomes a matter of record with the

NIAA and may not occur again or further disciplinary action up to and

including suspension may be enforced.

b. Probation - a school placed on probation is restricted from

participating in any divisional, league or state championship activities.

A member or affiliate school placed on probation in a sport may be

restricted for a designated period, not to exceed one year. Any repeat

offense will result in suspension.

c. Suspension - prohibits the participation of member or affiliate

schools with any state athletic association affiliated with the National

Federation of State High School Associations during the period of the

suspension. Suspension may not be invoked for more than one calendar

year. Suspension of a coach or other responsible person for a period of

not less than one week or more than one year may also be invoked in

appropriate situations.

d. Fines - member or affiliate schools who have violated NIAA

Regulations may be fined in an amount not to exceed $1000.

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Agency Draft of Proposed Regulation R093-01

e. A suspension or fine may be recommended at any level of appeal

involving a member school set forth at NIAA Regulations 2090.010 and

2090.024. The Board of Control must approve any suspension or fine

before it becomes final.

f. In any situation in which penalties or sanctions be imposed

against a member or affiliate school, or any student, the Executive

Director shall, in his sole discretion, be allowed to impose an

appropriate sanction or penalty.

Section 2095 added June 2001;