Page 78 - (FINAL!) UPDATED 13.0) 2020-2021 HANDBOOK - SEPTEMBER 2020 EDITION_Neat

E.1. Parties: The appealing college shall be designated the appellant and the NJCAA shall be designated the appellee.
E.2. Burden of Proof: The burden of proof in the hearing shall fall on the appellant.
E.3. Briefs: Each party shall submit to the arbitrator and the opposing party, a written brief containing the following:
E.3.a. A statement of facts.
E.3.b. A statement of issues.
E.3.c. A statement of the party’s position with respect to the issues.
E.3.d. Argument(s) in support of the party’s position.
E.3.e. A list of potential witnesses who may be called by the party.
E.3.f. A list of potential exhibits to be presented by the party.
E.3.g. The briefs shall be submitted at least five (5) calendar days prior to the hearing date, except where the
arbitrator extends the time for filing for good cause.
E.4. Procedure at Arbitration Hearing:
E.4.a. Rules: The taking of testimony, presentation of argument and evidence, and all other procedures at the
arbitration hearing shall, as the arbitrator deems practical, be governed by the usual rules applied in the courts
of the State of Colorado.
E.4.b. The Hearing: The hearing shall be conducted in the following order:
E.4.b.i. The hearing shall be opened by the arbitrator, noting the date, time, place of the hearing, the
presence of the arbitrator, the presence of the parties and the presence of their representatives.
E.4.b.ii. The arbitrator may ask for statements to clarify any issues involved.
E.4.b.iii. The appellant shall present its evidence supporting its appeal.
E.4.b.iv. The NJCAA shall present its evidence supporting the decision of the NJCAA Board of Regents Appeal
Committee.
E.4.b.v. Witnesses for the appellant shall be questioned and cross-examined.
E.4.b.vi. Witnesses for the NJCAA shall be questioned and cross-examined.
E.4.b.vii. The arbitrator may receive into evidence any exhibits offered by the parties.
E.4.c. Records: The hearing shall be recorded by a certified court reporter.
E.4.d. Absence: The hearing may proceed in the absence of any party or its representative who, after due notice, fails
to be present or fails to obtain a postponement; the arbitrator may hear and determine the appeal upon the
evidence produced, notwithstanding the failure of a party duly notified to appear.
E.4.e. Adjournment and Postponement: The arbitrator may adjourn the hearing from time to time as necessary, and
on request of a party for good cause, or upon the arbitrator’s own motion, postpone the hearing.
E.5. Decision: The arbitrator’s decision shall be final and binding upon the parties, subject to the following conditions and with the
following procedure.
E.5.a. In Writing: The arbitrator’s decision shall be made in writing, a copy of which shall be delivered to each of the parties
no later than 30 calendar days after the hearing is completed.
E.5.b. Basis of Decision: The decision of the arbitrator shall be made in accordance with the Articles of
Incorporation, constitution, bylaws and rules and regulations of the NJCAA.
E.5.b.i. Authority of Arbitrator: The authority of the arbitrator is solely the interpretation of these NJCAA
regulations; the arbitrator shall have no authority to amend, modify, or add to any provisions of the
Articles of Incorporation, bylaws, or rules and regulations of the NJCAA, nor shall he/she have any
authority to amend or change a restriction or sanction imposed by the NJCAA on the appealing
college.
E.5.c. Fraud: The decision shall be presumptively invalid if the arbitrator’s decision was procured by corruption or fraud.
E.5.d. Acts in Excess of Authority: The decision shall be presumptively invalid if the arbitrator’s decision was based on
invalid information.

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