Washington Administrative Code › Title 172 - Eastern Washington University › Chapter 172-108 - Adjudicative proceedings › Section 172-108-100 - Procedures for reduction, revocation, or of athletic scholarships

Current through Register Vol. 24-14, July 15, 2024
In accordance with NCAA requirements, a student athlete who is
				receiving athletic aid based in any degree on athletic ability has the right to
				request an appeal hearing when the athletic aid is reduced, revoked, or not
				renewed and the student has remaining athletic eligibility. The following
				process governs the student athlete's appeal of the athletic department's
				decision to reduce, revoke, or not renew athletic aid.
(1) The athletic department makes the initial
			 decision to reduce, revoke, or not renew the student's athletic aid. Before
			 making such decision, the athletic department should provide the student
			 athlete with notice that such a decision may be made and give the student an
			 opportunity to respond. If the decision is made to reduce, revoke, or not renew
			 the aid, the athletic department should convey such information to the
			 financial aid and scholarship office with a brief statement of the reason for
			 the decision.
(2) EWU's financial
			 aid and scholarship office will then formally notify the student athlete of the
			 athletic department's decision to reduce, revoke, or not renew the student's
			 athletic aid. This notification will be sent via email to the student's
			 official university email account and will include information about how to
			 appeal the decision.
(3) The
			 student will have twenty-one calendar days from the date the email is sent to
			 request an appeal. Any request for appeal must be directed to the director of
			 financial aid and sent via email to finaid@ewu.edu. Requests for appeal must be
			 received within twenty-one days or they will be dismissed as
			 untimely.
(4) Upon timely receipt
			 of an appeal, the director of financial aid will convene the athletic aid
			 appeals committee. The committee shall consist of four people who represent
			 various areas of the university. The director serves as the presiding officer
			 and a voting member of the committee. The director will schedule a hearing with
			 the student, head coach or other athletics department representative, and the
			 committee.
(5) Prior to the
			 hearing, the student and head coach, or designee, should provide the committee
			 with a written statement outlining the reasons they agree or disagree with the
			 decision to reduce, revoke, or not renew athletic aid, along with any
			 supporting documentation. The documentation may include statements from
			 witnesses. These statements and documentation are reviewed by the committee in
			 advance of the hearing.
(6) At the
			 hearing, the director will ask the head coach or other athletics representative
			 to explain the basis for their decision regarding athletic aid. The committee
			 and athlete may ask questions of this head coach/athletics representative. The
			 athlete will then have the opportunity to explain why they disagree with the
			 decision. The committee and head coach may ask questions of the athlete. The
			 head coach/ath-letics representative will then have the opportunity to provide
			 a rebuttal statement.
(7) Either
			 party in the hearing may be represented by an advisor as set forth in WAC
			 172-108-035.
			 The hearing will be recorded and retained in accordance with EWU's records
			 retention schedule.
(8) The student
			 has the burden of proving by a preponderance of the evidence that the athletic
			 department's decision to reduce, revoke, or not renew athletic aid was not
			 supported by substantial evidence or is arbitrary or capricious. The committee
			 may affirm, reverse, or modify the athletic department's decision regarding
			 athletic aid eligibility. The committee's decision must be supported by a
			 majority of committee members.
(9)
			 Within twenty days of the hearing, the presiding officer will issue a written
			 order containing a brief statement of the reasons for the committee's decision.
			 The decision should be communicated in writing to both parties and should
			 indicate that it is the final decision of the university and judicial review
			 may be available under chapter 34.05 RCW.