D.C. Mun. Regs. tit. 5-E, § 2704
2704.1 The grievance procedure set forth in this section shall apply to all grievances arising from the application of the rules governing interscholastic athletics contained in this chapter, except that grievances filed pursuant to § 2209 shall be governed by the procedures set forth in § 2405.2704.2 The person or persons bringing the grievance shall make an informal complaint to the Supervising Director of Athletics, who shall attempt to resolve the problem through informal means, such as meetings and discussions with all parties concerned.2704.3 If the grievance is not resolved through the informal process set forth in §2704.2, a written complaint shall be filed with the Supervising Director of Athletics, who shall attempt to resolve the written grievance through conferences with all involved parties.2704.4 The decision by the Supervising Director of Athletics as a result of the attempt to resolve a written grievance shall be submitted in writing to the involved parties.2704.5 If the written complaint to the Director of Athletics does not result in a mutually satisfactory resolution of the problem within ten (10) days from the date the written grievance was submitted a written grievance may then be filed with the Superintendent, or designee.2704.6 A panel of three (3) people selected by the Superintendent or designee, two (2) of whom are not employed by D.C. Public Schools, shall investigate the grievance and make recommendations to the Superintendent or designee regarding the resolution of the grievance. All actions and recommendations of the panel shall be consistent with existing Board rules.2704.7 The person or persons bringing the grievance may request a formal hearing before an impartial Hearing Officer, who may be designated by the Superintendent of Schools or the Public Schools Hearing Office from among persons employed by the school system on a full or part-time basis to serve in such capacity.2704.8 In any appeal filed pursuant to § 2704.5, the person or persons bringing the grievance shall be informed in writing of the right to representation by counsel, and the right to confront and cross-examine any witnesses in a formal hearing before an impartial Hearing Officer.2704.9 In all cases where a formal hearing has been held before an impartial hearing officer, the hearing officer shall provide the Superintendent, or designee, a written report including the findings and recommendations.2704.10 Following the review of the grievance by the Superintendent, or designee, and either an informal meeting has been held with all parties involved, or a formal hearing has been held before an impartial hearing officer, the Superintendent, or designee, shall provide all parties concerned a written decision which shall include the following:- (a) A statement of the specific grounds for the proposed action including, where applicable, a citation of the section(s) or subsection(s) of this chapter upon which the proposed action is based;
- (b) A description in reasonable detail of the facts, events, and actions upon which the proposed determination is based; and
- (c) The findings and recommendations of the hearing officer, where applicable.
2704.11 [Deleted]
2704.12 [Deleted]
2704.13 [Deleted]
2704.14 The Superintendent of Schools shall render a decision on the appeal within five (5) days of receipt of the entire record which shall be based upon the following:
(a) The record of the formal hearing;
(b) The written report of the hearing officer, if applicable; and
(c) Any written argument of the appellant(s) submitted with the appeal request.
2704.15 The decision of the Superintendent of Schools shall be the final and binding decision of the D.C. Public Schools.
2704.16 Except as provided in § 2704.17, all challenges to the eligibility of individual players lodged by principals' shall be made no later than three (3) days prior to the beginning of the first scheduled game of the sport to which the protest relates. Failure to file a challenge within the required time period shall be deemed a waiver of the right to challenge, except that challenges based on newly discovered evidence may in the discretion of the Director of Athletics, be made within three (3) days of discovery of the new evidence.
2704.17 All challenges to the eligibility of individual players lodged by principals, occasioned by application of § 2209 of the Board rules, ("C" Average), shall be made within twelve (12) days of the beginning of the advisory in which the challenge is lodged.
2704.18 The Director of Athletics may challenge the eligibility of individual players at any time but in no event shall such challenge occur later than mid-season of the sports season involved.
2704.19 At the beginning of each school year the Director of Athletics shall establish a schedule which includes the beginning and mid-season dates for each interscholastic athletic activity.
2704.20 All challenges to a student's eligibility, whether from a principal or the Director of Athletics, shall be resolved within two (2) weeks from the date of the initial challenge. During the pendency and investigation of the challenge the student may participate. However, if the challenge is upheld, all games in which the involved student participated shall be forfeited.
SOURCE: Final Rulemaking published at 25 DCR 9873, 9882 (May 4, 1979); as amended by Final Rulemaking published at 38 DCR 5659, 5662 (September 6, 1991).