8.3 - APPEAL OF PENALTY

8.3.1 - In the event that the individual(s) or the institution(s) feels that the penalty is inappropriate because the violation did not occur, because the penalty is not commensurate with the seriousness of the behaviors for which the individual or institution is found responsible, or because approved Conference process was not followed, there shall be the right to appeal the matter. The appeal may be filed by giving the Commissioner notice within five (5) days of receipt of notice of the penalty imposed by him/her. Appeals are reviewed by a special ad hoc committee.

8.3.2 - The special ad hoc committee for appeals shall be appointed by the Executive Board Chair from among the institutional representatives whose institutions are not involved in the complaint. The Committee shall conduct a prompt hearing, giving the individual or institution opportunity to be heard. The Committee may reaffirm, set aside, or increase the penalty as is deemed appropriate, giving the individual or institution written notice of its decision and its reasons.

8.3.3 - The penalty imposed by the Commissioner shall not be implemented while the decision is reviewed by the special ad hoc committee. No public announcement of the penalty shall be made until the individual or institution fails to give notice of the desire to appeal within the five-day period.

8.3.4 - Nothing herein shall prevent the Commissioner from taking appropriate interim action.

8.3.5 - Whenever a penalty of suspension is imposed at or near the end of a season of competition, the penalty may be carried over into the next season of competition.