Ohio Administrative Code › Title 3344 - Cleveland State University › Chapter 3344-48 - Policies on Drug Education and Screening Policies › Section 3344-48-06 - Appeal process

Current through all regulations passed and filed through July 1, 2024
(A) Student-athletes who test positive or who
			 dispute that they have refused or failed to take a required test under the
			 guidelines set forth in this policy may appeal the imposed sanctions.
(B) Only the student-athlete may file an
			 appeal.
(C) An appeal
			 
								must be
			 submitted in writing to the director of athletics within two working days or
			 forty-eight hours of the notification of the offense. If the forty-eight hours
			 expire when the university is not open for business, the appeal may be
			 submitted before nine a.m. on the next business day.
(D) The written appeal must present the
			 reason(s) for the appeal.
(E) The
			 director of athletics shall call together an appeals committee of
			 five
			 voting members; which  consists of
			 the director of athletics,  head athletic trainer, athletics compliance
			 office member, associate
			 head athletic trainer, and faculty athletic
			 representative . The sport supervisor, academic
			 advisor, and any other athletic department or university staff deemed
			 appropriate by the director of athletics may be
			 present, but not voting members.
(F) The head coach of the student-athlete may
			 be present for the appeal hearing but will not be a voting member of the
			 appeals committee.
(G) Upon appeal
			 and presentation of all relevant information, it is the sole charge of the
			 appeals committee to lift, modify, or maintain the imposed sanctions.
(H) The student-athlete may have an advocate
			 or other representative present if they so desire. However, the student-athlete
			 is responsible for the presentation of his/her own case.
(I) The appeal shall take place within seven
			 working days of the receipt of the appeal request. If the athletic director is
			 out of the office during that time period, it shall be scheduled for the time
			 of their return or at an alternate time under the supervision of the
			 
								director of athletics designee.
(J) These proceedings shall include an
			 opportunity for the student athlete to present evidence, as well as to review
			 the results of the drug test.
(K)
			 At the conclusion of the appeal, the appeals committee shall deliberate in
			 private and decide by majority vote to lift, modify, or maintain the imposed
			 sanctions. The decision by the appeals committee, relative to the test results,
			 the sanctions, or refusal/failure to take a required test, shall be
			 final.
(L) The director of
			 athletics or 
								his/her designee from the appeals committee will
			 send written notification of the committee's decision to the student-athlete,
			 the head coach, sport supervisor, athletics
			 compliance office and the student-athlete's parents/guardians, if appropriate,
			 within five working days from the date of the decision. The decision will be
			 communicated, confidentially, to the head team physician or designee.
(M) In cases where a student-athlete is
			 deemed to have a positive drug test and such test results in sanctions
			 affecting his/her ability to compete, and the student-athlete is scheduled to
			 engage in a competition before a determination can be made by the appeals
			 committee, the student-athlete shall be suspended from competition pending a
			 final decision.
(N) Time permitted,
			 the student-athlete may request an expedited meeting of the appeals committee.
			 The appeal shall include any information which might change the factual
			 findings of the committee or the sanctions(s).
(O) By selecting the expedited process, the
			 student-athlete waives the right to the standard review and appeal procedures.
			 Under the expedited process, the committee shall meet in person or
			 teleconference and shall render a decision before the competition.