Due Process and Appeal
“Due Process” is a right guaranteed under the Fourteenth Amendment – it means that any process be fundamentally fair. Courts apply two basic tests to determine whether due process was afforded an individual who has been punished for breaking a rule: “Is the rule itself valid, and are the methods that were applied for assessing guilt and sanction imposed appropriate?”
The Putnam Valley School District feels strongly about maintaining a sound program of athletics. It is our intent to preserve rules that pertain to the health and safety of the individual and to the orderly conduct of sports. The welfare of the students is our major consideration. What happens to them is of primary importance.
In the event an athlete is found or accused of being in violation of rules, regulations and standards of conduct, the following steps will be used;
- Reporting of Violations ~ Reports of alleged violations of eligibility rules coming from, but not limited to, a district employee or board member, district chaperone, law enforcement agency, or parent/legal guardian of student, must be investigated. Reports must be in writing and within a reasonable amount of time up to 36 hours following the alleged incident. Reports of alleged violations from persons other than those mentioned above must be made by the person who saw the incident or made a copy of it from an electronic recording device. These claims must be supported by evidence to be deemed valid.
- Procedure of Investigation ~ Once a written report of the violation has been received at the Athletic and/or Administration Office, the student and parent will be notified by the Athletic Director that an investigation is taking place. The superintendent or his designee will determine who will attend or be part of the investigation. The student will be given an opportunity to explain his/her involvement in the alleged violation at the onset of the investigation. This will be done with the Athletic Director and /or Administrator. The parent and coach will be notified when this explanation will occur, but neither has to be present.
- Determination of Consequences ~ The Athletic Director and/or Administrator, with input from the respective parties, will use the information from the student interview and the investigation to make a decision on the particular incident. Consideration in determining the consequence, if any, will be given to the type of violation and previous involvement in other violations by that particular student. The building principal will be informed of the consequence.
- Notification of Consequence ~ The parent and building principal will be notified of the student’s response, the results of the investigation, and what penalty, if any, will be given in accordance with the established eligibility rules. The Athletic Director and/or Administrator will notify the student and parent within 24 hours of the determination. The coach will also be informed.
- Appeal Process ~ If an appeal is to be made by the student, parent or designee, the Athletic Director and/or Administrator must be notified in a signed statement within 3 business days outlining the basis of the appeal. An appointed administrative team selected by the superintendent will handle the appeal. The superintendent will review the findings of the representative team. The appeal should be completed within 3 business days unless deemed necessary for a specified amount of time.