Indiana § 20-26-14-7 Legal actions

Indiana Statutes

§ 20-26-14-7 — Legal actions

Indiana·Title 20 EDUCATION·Art. 26 SCHOOL CORPORATIONS: GENERAL·Ch. 14 Interscholastic Athletic Associations

(a)If the association or the parent who referred a case to the panel under section 6(b)(2) of this chapter disagrees with the decision of the panel, the association or the parent may file a legal action to review the panel's decision.

(b)An action must be filed under subsection (a) with a court with jurisdiction not later than forty-five (45) days after the panel issues its decision under section 6(c) of this chapter.

(c)In an action brought under this section, the court may reverse the panel's decision if the court, upon its own review of the facts and issues involved in the decision and the applicable rule of the association, determines that the decision of the panel, or the decision of the association upheld by the panel, is:

(1)not a fair and logical interpretation or application o

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(a) If the association or the parent who
referred a case to the panel under section 6(b)(2) of this chapter
disagrees with the decision of the panel, the association or the parent
may file a legal action to review the panel's decision.
(b) An action must be filed under subsection (a) with a court with
jurisdiction not later than forty-five (45) days after the panel issues its
decision under section 6(c) of this chapter.
(c) In an action brought under this section, the court may reverse the
panel's decision if the court, upon its own review of the facts and issues
involved in the decision and the applicable rule of the association,
determines that the decision of the panel, or the decision of the
association upheld by the panel, is:
(1) not a fair and logical interpretation or application of the
association's rule;
(2) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(3) contrary to a constitutional right, power, privilege, or
immunity;
(4) in excess of statutory jurisdiction, authority, or limitations, or
short of statutory right;
(5) without observance of procedure required by law; or
(6) unsupported by substantial evidence.
(d) The court reviewing a panel decision under this section may do
any of the following:
(1) Affirm the panel's decision.
(2) Modify the panel's decision.
(3) Reverse the panel's decision and remand the action to the
panel for action directed by the court.
(e) Notwithstanding this chapter, if an association fails to follow its
bylaws regarding hearing and appeals procedures, a student or the
student's parent may proceed directly to a court with jurisdiction to
resolve a dispute.