Page 75 - (FINAL!) UPDATED 13.0) 2020-2021 HANDBOOK - SEPTEMBER 2020 EDITION_Neat

Article VIII
PROCEDURES FOR APPEAL

Section 1 - General Information
A. Methods of Challenge: Procedures set forth in this Article are the sole methods for challenging the decisions of the NJCAA National Office
and the NJCAA Board of Regents Appeal Committee.
A.1. Consent: As a condition of membership in the NJCAA, member colleges consent to be bound by the provisions of this and all
other articles of these bylaws.
A.2. Litigation:
A.2.a. Prohibition: Member colleges and student-athletes may not institute a suit at law or in equity, nor seek injunction or
restraining order concerning any dispute or controversy involving the NJCAA enforcement or interpretation of bylaws,
rules, regulations, or sanctions.
A.2.b. Penalties: Member colleges which institute legal action against the NJCAA may be subject to payment of attorney
fees and court costs, expulsion, sanctions, penalties, fines, probation, or other penalties as determined by the Board
of Regents of the NJCAA.
B. Standing: Only member colleges may challenge the interpretation and enforcement of the bylaws, rules and regulations of the NJCAA.
No coach, student-athlete, booster club, or other entity affiliated directly or indirectly with the member college shall have any standing.

Section 2 - Interpretation of NJCAA National Office
A. First Interpretation: All decisions concerning challenges and/or questions of interpretation and enforcement of the bylaws, rules, and
regulations of the NJCAA shall be made in the first instance in accordance with the procedures listed below.
B. Challenge/Question Procedures: Challenges to or questions regarding the interpretation or the enforcement of the NJCAA bylaws, rules
and regulations shall be made in writing to the NJCAA National Office and contain the following:
B.1. Name and address of member college presenting challenge/question, AND
B.2. Name and address of any other member college involved or directly affected by the challenge/question, AND
B.3. Any background facts involved in the challenge/question, AND
B.4. The material factual basis involved in the challenge/question, AND
B.5. The jurisdictional basis involved in the challenge/question, AND
B.6. Citation of bylaws, rules and regulations involved in the challenge, AND
B.7. Any documentation supporting the challenge/question.
C. Decision Procedures: The NJCAA National Office shall provide a written decision concerning any challenge/question to both the affected
college(s) and the Regional Director(s) for the region(s) in which the affected college(s) is/are located, which sets forth:
C.1. The decision of the NJCAA National Office, AND
C.2. The jurisdictional basis for the decision, AND
C.3. Citations of any and all NJCAA bylaws, rules and regulations involved in the decision, AND
C.4. Any other matter or documentation deemed appropriate by the NJCAA National Office.
D. Effective Date and Enforcement: The written decision of the NJCAA National Office shall be effective and enforced immediately, including
during the pendency of (a) any appeal of the decision and (b) any subsequent arbitration, initiated within the provisions of this Article.
Section 3 - Appeal to the Executive Committee
A. Standing: Any member college affected by a decision of the NJCAA National Office may appeal that decision to the Board of Regents
Appeal Committee of the NJCAA.
B. Appeal Request: To properly request an appeal, the member college’s request must conform to the following requirements:
B.1. Request must be in writing,
B.2. Request must be sent to the Executive Director of the NJCAA with a copy sent to the Regional Director for the region of the
appealing college,
B.3. NJCAA Executive Director must receive appeal request within seven (7) calendar days from the date of the written decision
issued by the NJCAA National Office,
B.4. Request must be signed by the member College President,
B.5. Must contain a detailed description of the college’s basis for appeal,
B.5.a. Detailed description must contain all relevant facts involved in the appeal.
B.5.b. Description must cite any and all bylaws, rules and/or regulations of the NJCAA involved in the appeal.

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