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HomeMy WebLinkAbout14-4155s E C T I 0 N A S E C T I 0 N Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet Cumberland County For Prothonotary Use Only: Docket No: /4/' 17l s5C)L-d The in/ormation collected ort this loan is used solely for court administration purposes. This Joan does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking 1 Complaint ❑ Writ of Summons X • Transfer from Another Jurisdiction ❑ Lead Plaintiff's Name: Shonda Chapman Lead Defendant's Name: Pennsylvania Interscholastic Athletic Association Dollar Amount Requested: ❑within arbitration limits (check one) ❑outside arbitration limits Are money damages requested? ❑ Yes D No Is this a Class Action Suit? 1 Yes D No Is this an MDJAppeal? ■ Yes D No Name of Plaintiff/Appellant's Attorney: David Joseph Chapman, Schmidt Kramer PC ❑ Cheek here if you have no attorney (are a Self -Represented IPro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle O Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: MASS TORT ▪ Asbestos O Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: CONTRACT (do not include Judgments) ❑ Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination ❑ Employment Dispute: Other O Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment O Board of Elections O Dept. of Transportation O Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment .— 1704t-)iV O Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 ichapman@schmidtkramer.com "C e�1- 0-'c e of Ro ,ono1y 2001 Tut t7 4,'+'I //:��3 3 trier edand C0a4 ly Attorneys for Plaintiffs SHONDA CHAPMAN, parent : IN THE COURT OF COMMON PLEAS and natural guardian of : CUMBERLAND COUNTY, PENNSYLVANIA JDC, a minor, Plaintiff v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION . No. j— i// cc elt)i.L-7-7571W) : CIVIL ACTION - EQUITY • • Defendant . NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 4113.76-pd/7 G# 30'22 0302‘4,2) IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 ichapman@schmidtkramer.com Attorneys for Plaintiff SHONDA CHAPMAN, parent : IN THE COURT OF COMMON PLEAS and natural guardian of : CUMBERLAND COUNTY, PENNSYLVANIA JDC, a minor, Plaintiff • v. : No. PENNSYLVANIA : CIVIL ACTION - EQUITY INTERSCHOLASTIC ATHLETIC ASSOCIATION : Defendant COMPLAINT IN EQUITY SEEKING INJUNCTIVE AND DECLARATORY RELIEF AND NOW, comes the Plaintiff, Shonda Chapman, as the parent and natural guardian of JDC, a minor, by and through her attorneys, Schmidt Kramer PC, and respectfully requests this Honorable Court grant declaratory and injunctive relief, and sets forth as follows: PARTIES 1. JDC is a minor residing at 826 Alta Vista Ave, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania, 17111, and is a homeschooled student who missed his freshman year of senior high school soccer and basketball and is now in jeopardy of missing his sophomore year of senior high sports. 2. Plaintiff, Shonda Chapman, is an adult individual, sui juris, residing with JDC and is his parent and natural guardian. 3. Defendant Pennsylvania Interscholastic Athletic Association (hereinafter "PIAA") is a non-profit corporation doing business under the laws of Pennsylvania with its principal place of business at 550 Gettysburg Road, Mechanicsburg, Cumberland County, Pennsylania, 17055. OPERATIVE FACTS 4. Plaintiff incorporates her Petition for Immediate and Permanent Injunctive Relief, filed on this same day, as if it were set forth in full herein. 5. JDC has missed his freshman year of high school athletics and is in jeopardy of missing his sophomore year of sports, because PIAA's by-laws, in contravention of the PA School Code, disallow homeschoolers from participating in PIAA sanctioned events at private schools. 6. PIAA's By-laws state, "A private school's school district and the public school district are separate school districts." PIAA, by-laws, Page 44. (Attached as Ex. A.) 7. PIAA's by-laws define a "Private School's School District:" Each private school, including each private senior high school's feeder schools, shall have its own school district. Regardless of the location of its feeder schools, the geographical boundaries of the private senior high school's "school district" are considered the boundaries of the public school district in which it is geographically located." PIAA, by-laws, Page 44. 8. Covenant Christian Academy (hereinafter "CCA") is a private school and a member of PIAA, located at 1928 Locust Lane, Harrisburg, PA. This private school is geographically located within Susquehanna Township School District. 9. Under PIAA's definition, CCA has a separate school district from Susquehanna Township. 10. Under PIAA's definition, CCA's school district's geographic boundaries are the same as Susquehanna Township School District. 11. Because of JDC's residence location, he reports as a homeschooler to Susquehanna Township School District. 12. JDC's residence is within the geographic boundaries of CCA's school district. 13. The homeschool section of the Pa. School Code includes: (f.1) (1) Beginning January 1, 2006, the school district of residence shall permit a child who is enrolled in a home education program to participate in any activity that is subject to the provisions of section 511,6 including, but not limited to, clubs, musical ensembles, athletics and theatrical productions provided that the child: (i) Meets the eligibility criteria or their equivalent for participation in the activity that apply to students enrolled in the school district; (ii) Meets the tryout criteria or their equivalent for participation in the activity that apply to students enrolled in the school district; and (iii) Complies with all policies, rules and regulations or their equivalent of the governing organization of the activity. (2) For the purposes of this subsection, the school district of residence's program of interscholastic athletics, including varsity sports, shall be considered an activity and shall include all activities related to competitive sports contests, games, events or exhibitions involving individual students or teams of students whenever such activities occur between schools within the school district or between schools outside of the school district. (3) Where the activity requires completion of a physical examination or medical test as a condition of participation and the school district of residence offers such physical examination or medical test to students enrolled in the school district, the school district shall permit a child who is enrolled in a home education program to access such physical examination or medical test. The school district shall publish the dates and times of such physical examination or medical test in a publication of general circulation in the school district and on its publicly accessible Internet website. (4) A board of school directors may adopt a policy to implement the requirements of this subsection. Such policy shall only apply to participation in activities and shall not conflict with any provisions of this section. 24 P.S. § 13-1327.1, et seq. 14. In the 2013-2014 school year, JDC was a full-time homeschooled student who was enrolled part-time at CCA. 15. JDC, as a freshman during the 2013-2014 school year, wished to play soccer and basketball at CCA where he was enrolled. 16. At all times relevant, CCA was agreeable (and continues to be) to have JDC participate on its sports teams in PIAA events if JDC was enrolled and paid an activity fee. 17. At the beginning of the school 2013-2014 school year, PIAA's by- laws read: To be eligible to participate in an Inter -School Practice, Scrimmage, or Contest, a student must be regularly enrolled in a secondary school and in full-time attendance, or be homeschooled. Except as otherwise provided in this ARTICLE, a student is eligible only at the school at which the student is enrolled. PIAA 2013-2014 By-laws, Article III, Section 1 (emphasis added) . 18. PIAA's by-laws included a formal interpretation which read, "INTERPRETATION Section 2. October 25, 1952, as amended May 25, 2000. Enrollment at any school, accredited or not, counts as enrollment." PIAA by- laws, Article III, Section 2. (emphasis added) 19. PIAA's by-laws, in the same article, had a section particular to home schooled students, which reads in pertinent part, ... students participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible at the public schools that the students would otherwise attend by virtue of their residences and, for purposes of Cooperative Sponsorship of a Sport agreements, are deemed to be enrolled at the public schools that the students would otherwise attend by virtue of their residences. PIAA by-laws, Article III, Section 8. 20. Plaintiff believes and avers JDC was eligible at CCA under the PIAA by-laws as they existed at the beginning of the 2013-2014 school year. 21. In the fall of 2013, PIAA interpreted its by-laws to preclude homeschooled students from playing PIAA sanctioned events on private school teams. 22. In January 2014, Plaintiff filed suit against PIAA and other Defendants in Dauphin County, her Complaint seeking declaratory judgment under PIAA's by-laws, claims under the U.S. Constitution, and for permanent and preliminary injunction. 23. Though a hearing on injunctive relieve was scheduled, Defendant rightly removed the case to Federal Court in the Middle District of PA. 24. Defendants then brought a motion to dismiss. 25. After Plaintiff's Brief in Opposition was filed, PIAA changed its by- laws, and Article III, Section 8, was amended to read as follows: Students instructed by a properly qualified private tutor under Section 1327 of the Public School Code of 1949 and/or students participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible only at the public schools that the students would otherwise attend by virtue of their residences and, for purposes of Cooperative Sponsorship of a Sport agreements, are deemed to be enrolled at the public schools that the students would otherwise attend by virtue of their residences. 26. Plaintiff believes and avers PIAA's by-laws, after the amendment to Article III, Section 8, is in direct conflict with the homeschool section of the PA School Code. 27. The Middle District ruled on PIAA's Motion to Dismiss on June 18, 2014, and dismissed Plaintiff's U.S. Constitutional claims, and chose not to rule on the Plaintiff's claims concerning the application of the by-laws. (Judge Kane's Order attached as Ex. B.) 28. JDC's sophomore year of sports begins with pre -season soccer practices in August 2014. 29. CCA's first PIAA soccer match is presently expected to be September 2, 2014. 30. JDC expects to enroll for classes part-time at CCA for the 2014- 2015 school year, but will remain a full-time homeschooled student. 31. JDC has missed one year of high school sports and is in real jeopardy of missing his sophomore year of sports. DECLARATORY RELIEF 32. Paragraphs 1 through 31 are incorporated as if set forth in full. 33. This Court can declare JDC eligible to play PIAA sports at CCA. 34. PIAA's by-laws regarding homeschooler participation contravenes the PA School Code when the new by-law states a homeschooled student, may only play at a public school. 35. The homeschool section of the Pa. School Code says, "the school district of residence shall permit a child who is enrolled in a home education program to participate in any activity..including...athletics." 36. The same section states, "(2) For the purposes of this subsection, the school district of residence's program of interscholastic athletics, including varsity sports, shall be considered an activity..." 37. The homeschool section of the Pa. School Code does not limit a homeschooled student to play PIAA sports only at a public school. 38. It is a violation of the School Code to restrict JDC to only play at a public school, and the by-laws should be read without the word only which violates the clear and unambiguous instruction laid out by the legislature. 39. CCA is JDC's school district of residence according to PIAA's own by-laws, as the by-laws specifically define a private school's school district by the geographical boundaries of the public school district in which it is physically located. 40. The homeschool section of the Pa. School Code instructs, "the school district of residence shall permit..." 41. JDC's school district of residence is CCA, which is instructed by the School Code to permit JDC to play. 42. Every private school is not required to permit every homeschooled student in their school district to play, as the homeschool section of the School Code provides a child must meet, "eligibility criteria or their equivalent for participation in the activity that apply to students enrolled in the school district." At CCA, eligibility was agreed upon when JDC was admitted to the school, tuition was paid for part-time enrollment, and an activity fee was paid. 43. By declaring JDC eligible to play at CCA, this Court will not be foisting homeschooled students on unwilling private schools. 44. No other impediments to JDC's eligibility are found in PIAA's by- laws. 45. PIAA's by-laws require a student, in order to be eligible, to "be regularly enrolled in a secondary school and in full-time attendance, or be homeschooled." 46. It is also stated in the by-laws that a student is "eligible only at the school at which the student is enrolled," and "Enrollment at any school, accredited or not, counts as enrollment." 47. JDC, being enrolled at CCA and not Susquehanna Township, may only be eligible at CCA under PIAA's by-laws. 48. The only restriction in PIAA's by-laws forcing homeschooled students, who want to participate in PIAA events, to play at the public school is in Article III, Section 8, and that part of the by-laws violates the PA. School Code when PIAA recently added the word only, during the ongoing litigation by Plaintiff. 49. In the alternative, if this court finds PIAA's by-laws in accord with the homeschool section of the Pa. School Code, Plaintiff believes and avers JDC should be "grandfathered" under the by-laws in effect at the time of his freshman year. WHEREFORE, Plaintiff prays this Court will declare PIAA's by-laws are at odds with the Pa. School Code, to the extent they restrict a homeschooled student to only play in sanctioned events at their "public" school district of residence, and that JDC is therefore eligible to play PIAA sports at his private school district of residence. PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF 50. Paragraphs 1 through 49 are incorporated as if set forth in full. 51. Plaintiffs minor is irreparably harmed by PIAA's contravention of the homeschool section of the Pa. School Code precluding him from playing sports at CCA where he is otherwise eligible. 52. He has missed one full year of interscholastic sports, and is in jeopardy of missing the fall sports season, which begins contests in September, 2014. 53. Plaintiffs minor has no adequate remedy at law, as his opportunities to participate in senior high school sports dwindle with each contest from which he is restricted, and money damages are not available nor sufficient. 54. If JDC plays in a PIAA sanctioned event at CCA while his eligibility is a question, he puts the whole team at risk of having their games ruled forfeited. 55. Enforcing an injunction will remedy the situation and put the parties in the position they were before PIAA originally (2013) made an unwritten interpretation of its by-laws that homeschooled students were ineligible to play at private schools, and before PIAA changed its by-laws to restrict play of homeschoolers only to public schools. 56. Plaintiff is likely to succeed for the reasons stated in her declaratory judgment section. WHEREFORE, Plaintiff respectfully requests this Court preliminarily and permanently enjoin PIAA from determining JDC is ineligible to play in their sanctioned events in his school district of residence at CCA, and direct Defendant to instruct its District III Committee and the Commonwealth Christian Athletic Conference to follow this Court's order concerning JDC's eligibility. Respectfully submitted, SCHMIDT KRAMER PC David Josep C Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff 5-ot.-4-11 171 1404 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, Shonda Chapman, verify that I am the Plaintiff on behalf of JDC, a minor, in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: 7/0//44 Shonda Chapman 0041131.1 4 2013-2014 PIRA CONSTITUTION and BY-LAWS CONSTITUTION AND BY-LAWS CONSTITUTION Equal Opportunity Statement. 1 Adherence to and Enforcement of PIAA Constitution 1 ARTICLE I Name 1 11 Purposes 1 III Membership 1 IV Dues and Enrollment Report 2 V Organization and Authority 2 VI Board of Directors and Officers 3 VII Powers and Duties of Board of Directors and Officers 4 VIII Regional Panels 5 IX District Committees 5 X Local Management and Control 7 XI Liability and Indemnification 7 XII Amendments 8 XIII Administration 8 BY-LAWS Adherence to and Enforcement of PIM By -Laws 11 PIAA Philosophy 11 Athletic Courtesy 11 Code of Ethics Pertaining to High School Athletics 11 ARTICLE Age 12 II Amateur Status and Awards 13 III Attendance 14 IV Consent of Parent or Guardian 16 V Health 17 VI Transfers, Residence, and Recruiting 17 VII Foreign Exchange Students, International Students, and Foreign Students 22 VIII Period of Participation 22 IX Representation 24 X Curriculum 25 XI Assumed Name 26 XII Athletic Relations 26 XIII Penalties 27 XIV Coaches 30 XV Officials 30 XVI Season and Out -of -Season Rules and Regulations 33 XVII Certification of Contestants 39 XVIII Official Rules for Sports 39 XIX Junior High/Middle Schools 39 XX Amendments 42 Glossary 42 The following regulations, statutory provisions, and professional baseball agreement are not part of the Constitution and By -Laws. Pennsylvania State Board of Education Regulations 44 Pennsylvania Law Provisions Affecting Athletic Eligibility of Students Using Anabolic Steroids 44 Agreement Between Professional Baseball and the National Federation of State High School Associations (NFHS) 45 2013-2014 CONSTITUTION CONSTITUTION EQUALOPPORTUNITY ������U��N�� .~....~~.~.~~... The Pennsylvania Interscholastic Athletic Association, Inc. (PIAA) believes that all boys and girls should have equal opportunity to participate in all levels of interscholastic athletics regardless of race, color, sex, creed, religion or ethnic background. ADHERENCE TO AND ENFORCEMENT OF PIAA CONSTITUTION The initial responsibility for adherence to and enforcement of the PIAA Constitution by a PIAA member school, its students and its personnel rests with the PrincipaL of that school. Notwithstanding this initial responsibility for compliance. (1) the Principal of any P1AA member sohoo|, by written request or complaint to the Chairman of the appropriate District Committee or PIAA Office, may allege or bring to the attention of PIAA a violation of, or a failure to meet, applicable provisions of the PIAA Constitution by any person and/or member school, and (2) a District Committee or the Board of Directors may, on its own motion, enforce the PIAA Constitution in the absence of submission of the matter to it by the Principal of a P IAA member school. This portion of the Handbook contains the PIAA ConaUtution, as in effect July 1, 2015. Any subsequent amendments for 2013- 2014 will appear on the PIAA Web site at www.piaa.orq. ARTICLE NAME The name of this Association is the Pennsylvania Interscholastic Athletic Association, Inc. (herein sometimes referred to as PIAA). ARTICLE II PURPOSES Section 1. Charitable Purposes. The purposes of PIAA are: A. Health. To organize, develop and direct an interscholastic athletic program which promotes, protects, and conserves the health and physical weltare of all participants. B. Education. To formulate and maintain policies that safeguards the educational values of interscholastic athletics and cultivate the high ideals of good sportsmanship. C. Competition. To promote uniformity of standards in all interscholastic athletic competition. In carrying out its purposes, PIAA does not contemplate pecuniary gain or profit, incidental or otherwise. PIAA is incorporated exclusively for, and the nature of the activities to be conducted and the purposes to be promoted by PIAA exclusivel is for, charitable and educational purposes within the purview of Section 501(c)(3) of the Internal Revenue Code of 1986 ("Code"). In fulfilling said purponaa. PIAA may engage in any lawful activity which may be conducted on a not-for-profit basis by a Section 501(c)(3) organization. Section 2. No Inurement. No part of the net earnings of PIAA shall inure to the benefit of or be distributable to its directors, officers, or other private persons, except that PIAA is authorized and empowered to pay reasonable compensation for services actually rendered and to make payments and distributions in furtherance of the purposes and objects set forth herein. No substantial part of the activities of PIAA shall be the carrying on of propaganda or otherwise attempting to influence legislation and PIAA may not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this Constitution, PIAA shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt under Section 501(c)(3) of the Code, or corresponding provisions of any subsequent federal tax laws, or by an orgonizehon, contributions to which are deductible under Section 170(c)(2) of the Code or corresponding provisions of any subsequent federal tax laws ARTICLE III MEMBERSHIP Section 1. Members. All public high sohonls, intermediate schools, junior high schoo|o, and middle school which are accredited by the Pennsylvania Department of Education (PDE), and all Charter Schools and Private Schools within Pennsylvania, meeting P|&A'o membership mquinomante, are eligible for membership in PIM. PIAA member schools must sponsor at least one Team. The membership of a member school which ceases to sponsor at least one Team shall terminate automatically at the conclusion of the then -current membership yearunless the school is a party to a valid contract under the Cooperative Sponsorship of a Sport Program, in which case its membership shall terminate with termination of that agreement. INTERPRETATIONS Section 1. December 29, 1964 PIM will admit to membership intermediate high schooln, subject to the dues schedule of senior high schools, unless they are defined by PDE as junior high schools. Eligibility of students in such schools will be determined by the District Committee based on Iocal situations. Section 1. May 23, 1952. PIAA recognizes as separate high schools those schools recognized as separate high schools by PDE. Section 2. Application for Membership. Application for membership in PIAA shall be made by submitting a PIAA Application for School Membership to the District Committee of the PIAA District in which the school is geographically located. Each PIAA Application for School Membership must be signed by the Principal and must be accompanied by the annual dues and a resolution of approval executed by the School Board or the Board having jurisdiction over the applicant schoolThe resolution must state that, in all matters pertaining to interscholastic athletic activities, the school shall be governed by the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. Applications for membership in PIAA shall be approved by the applicable District Committee and by the PIAA Board of Directors if the criteria set forth iri Sections 1 and 2 of this ARTICLE are met. Section 3. When Membership Becomes Effective. Membership in PIAA becomes effective the next foliowing July lst after the school's application is approved by the PIAA Board of Directors. CONSTITUTION 2013-2014 Section 4. Withdrawal of Membership. Requests for withdrawal of membership in PIAA must be made in writing, by the Principal of the school, to the Executive Director of PIAA, and must be accompanied by a resolution of withdrawal executed by the School Board or the Board having jurisdiction over the PIAA member school, stating the reason for withdrawal. ARTICLE IV DUES AND ENROLLMENT REPORT Section 1. Annual Dues and Enrollment Report. The annual dues of PIAA member senior high schools are based on the total enrollment of boys and girls in grades 9-11 in the senior high school and shall include all Home -Schooled Students; all students attending an Alternative School, Magnet School, or a Technology School, who are eligible at the senior high school that the students would otherwise attend by virtue of their residences; and all students enrolled in a Charter School or a Cyber Charter School who are eligible at the senior high school that the students would otherwise attend by virtue of their residences; as of the date as of which the school reports its enrollment to the Pennsylvania Department of Education (PDE) of each odd -numbered year. The enrollment report must be filed with the PIAA Office not later than the date the Public School Enrollment Report is due to the Pennsylvania Department of Education. The Principal and Superintendent of any PIAA member school failing to file the requested enrollment report by the aforementioned deadline shall be sent a notice of such failure and a copy of this provision. If the enrollment report is not received within ten (10) days after the notice was sent, the school shall be assessed a fine of $1,000. For each ten (10) days thereafter that the enrollment report is not received, the school shall be assessed an additional fine of $1,000. No individual student -athlete nor Team from the school is eligible to participate in District and/or Inter -District Championship Contests in any sport until such report is received and such fine is paid. Member senior high schools shall be divided each even - numbered year into four classes based on enrollment, each containing as nearly as possible an equal number of schools. Member junior high/middle schools are all in one class. The dues of PIAA member schools shall be established by the Board of Directors. INTERPRETATIONS Section 1. March 23, 2007 Where a student is enrolled at a Charter School, and where the public school district in which the student resides has no senior high school, the school at which the student is in full time attendance shall include the student in its calculation of enrollment. Section 1. May 27, 2004. PIAA member schools should not include in their calculation of enrollment those students enrolled at a member Charter School that sponsors at least one interscholastic sport under the jurisdiction of PIAA. Students enrolled at such member Charter School shall be included in the enrollment calculation of only that school. This lack of inclusion in the PIAA member school's enrollment does not affect the eligibility of Charter School students to participate at the school that those students would otherwise attend by virtue of their residence, in those interscholastic sports not sponsored by the Charter School. Section 1. May 25, 1951. In six-year high schools, a membership fee must be paid by both the senior and junior high/middle schools if the school has a Team which competes in both senior and junior high/middle school sports. 2 Section 2. When Dues are Payable. All dues are payable at the beginning of each school year. If dues are not paid on or before September 30 of the current school year, a school will be regarded to be delinquent and a penalty of 25 percent of the amount due will be added to the amount of dues. Dues with the 25 percent late payment penalty are to be paid on or before October 31 of the current school year. After October 31 of the current school year, the membership of the delinquent school in PIAA shall lapse until such time as the dues and penalties imposed have been fully satisfied. Section 3. Reinstatement of Delinquent Schools. A school which has been delinquent for up to two years may be reinstated to membership upon payment of the back dues and penalties. A school which has been delinquent for more than two years is required to submit a new application in order to be admitted to membership. ARTICLE V ORGANIZATION AND AUTHORITY Section 1. Pennsylvania Interscholastic Athletic Association, Inc. (PIAA) Districts. For the purposes of organization, legislation, and administration, PIAA is divided into Districts. One or more Districts, at the discretion of the Board of Directors, may incorporate and operate under and pursuant to the Pennsylvania Nonprofit Corporation Law of 1988, as amended (or successor provisions thereof). The PIAA Districts shall include the following counties, respectively: District 1 - Bucks, Chester, Delaware, and Montgomery District 2 - Lackawanna, Luzerne, Pike, Susquehanna, Wayne, and Wyoming. District 3 - Adams, Berks, Cumberland, Dauphin, Franklin, Juniata, Lancaster, Lebanon, Perry, and York. District 4 - Bradford, Columbia, Lycoming, Montour, Northumberland, Snyder, Sullivan, Tioga, and Union. District 5 - Bedford, Fulton, and Somerset. District 6 - Blair, Cambria, Centre, Clearfield, Clinton, Huntingdon, Indiana, and Mifflin. District 7 - Allegheny (except the City of Pittsburgh), Armstrong, Beaver, Butler, Fayette, Greene, Lawrence, Washington, and Westmoreland. District 8 - City of Pittsburgh. District 9 - Cameron, Clarion, Elk, Jefferson, McKean, and Potter. District 10 - Crawford, Erie, Forest, Mercer, Venango, and Warren. District 11 - Carbon, Lehigh, Monroe, Northampton, and Schuylkill. District 12 - Philadelphia Section 2. Transfer of Schools From One PIAA District to Another. Upon (1) the request of the School Board or the Board having jurisdiction over the school, and (2) and approval by a three-fourths majority vote of the Board of Directors, a school may be transferred from the jurisdiction of one PIAA District to that of an adjacent PIAA District. The procedure for requesting such transfer is as follows: 1. The request of the school shall first be submitted to the District Committee of the District having jurisdiction over the school. 2. Following issuance of a recommendation by the District Committee having jurisdiction over the school, the request shall be submitted to the District Committee of the District to which the school desires to transfer. 2013-2014 CONSTITUTION 3. Following issuance of a recommendation by the District Committee of the District to which the school desires to transfer, the request shall be submitted to the Board of Directors. A negative recommendation by a District Committee of the request for transfer will not stop the foregoing procedure, if the school desires that it continue. The Board of Directors, in considering a request to transfer Districts, has complete discretion in whether to grant or deny such request. The Board may consider the recommendations of the respective District Committees and the reasons for said recommendations, the likely impact on other schools and scheduling, Postseason bracketing, costs, and other PIAA- related factors that might mitigate for or against the transfer. The Board of Directors assumes that the school making the request has already considered and assessed the financial and other impacts that the transfer would have on that school. Additionally, Private Schools in any second-class city in Pennsylvania may automatically and without any further action from the District or Board of Directors, transfer to a PIAA District adjacent to the one in which they are geographically located. ARTICLE VI BOARD OF DIRECTORS AND OFFICERS Section 1. Board of Directors. The administrative and executive body of PIAA is known as the Board of Directors. To be eligible to be a member of the Board of Directors, persons must represent a defined constituency with established guidelines for two-way communication with their constituents. The Board of Directors acts as the certifying agent. Section 2. Membership of the Board of Directors. A. Each District is entitled to one representative for the first fifty member senior high schools or fraction thereof. For each fifty additional member senior high schools or major fraction thereof, an additional representative is allowed. These representatives must be members of their respective District Committees and must be employed as a Principal, Athletic Director, and/or faculty member of a PIAA member school or as a school administrator of a public school district which has at least one member in PIAA. INTERPRETATION Section 2A. March 24, 2011 Should a District Committee representative to the Board of Directors, after July 1 of any year, cease to be employed as a Principal, Athletic Director, and/or faculty member of a PIAA member school or as a school administrator of a school district which has at least one PIAA member, that person may, at the discretion of that member's District Committee, be replaced or continue to serve on the Board of Directors until the immediately following June 30. B. There shall be one member at large elected by and from the junior high/middle schools' representatives of the District Committees. The elected member shall serve for two years, beginning each odd -numbered year. C. A representative of the Pennsylvania School Boards Association (PSBA) shall serve as a member of the Board of Directors. D. A second representative of the Pennsylvania School Boards Association (PSBA), who is an elected member of a School Board at the time of appointment, shall serve as a member of the Board of Directors. E. A representative of the Pennsylvania Association of School Administrators (PASA), who is employed as a school administrator at the time of appointment, shall serve as a member of the Board of Directors. F. A representative of the Pennsylvania Association of Secondary School Principals (PASSP), who is employed as a Principal at the time of appointment, shall serve as a member of the Board of Directors. G. A representative of the Pennsylvania State Athletic Directors' Association (PSADA), who is employed as an Athletic Director at the time of appointment, shall serve as a member of the Board of Directors. The representative shall serve for two years, beginning each even -numbered year. H. A representative of the Pennsylvania Coaches' Association (PCA), who is employed as a Coach at the time of appointment, shall serve as a member of the Board of Directors. The representative shall serve for two years, beginning each odd -numbered year. I. One female registered sports official, who is on active status and in good standing with PIAA, elected annually from among their own by the female officials' representatives to the respective District Committees ("the Officials' Council"); and one male registered sports official, who is on active status and in good standing with PIAA, elected annually from among their own by the male officials' representatives to the respective District Committees ("the Officials' Council") shall serve as members of the Board of Directors. J. The chairperson of the Girls' Athletic Steering Committee, elected every other year, shall serve as a member of the Board of Directors. The chairperson shall serve for two years, beginning each odd -numbered year. K. The chairperson of the Private Schools' Steering Committee, elected every other year, shall serve as a member of the Board of Directors. The chairperson shall serve for two years, beginning each even -numbered year. L. A representative of the Pennsylvania Department of Education (PDE), appointed by the Secretary of the Department of Education, shall serve as a member of the Board of Directors. M. One female representative and one male representative, selected by and from the Parents' Advisory Committee, shall serve as members of the Board of Directors. The representatives shall serve for two years, beginning each even -numbered year. N. Each constituency entitled to select a member of the Board of Directors may select one or more alternates for each such member. In the absence of a member from a meeting of the Board of Directors, one of the alternates may attend such meeting and exercise at the meeting all powers of the absent member. Section 3. Term of Office. The members of the Board of Directors shall serve for a period of one year beginning July 1st next following their election, except the junior high/middle schools' representative, the representative of the Pennsylvania State Athletic Directors' Association (PSADA), the representative of the Pennsylvania Coaches' Association (PCA), the chairpersons of the Girls' Athletics and Private Schools' Steering Committees, the representatives of the Parents' Advisory Committee, and the representatives of the Officials' Council, who shall serve for a period of two years. Any director may be removed by a vote of two-thirds of the directors at any meeting of the Board of Directors whenever, in the judgment of the directors, the best interest of PIAA would be served thereby. Section 4. Officers. The officers of PIAA are a President, a Vice President, and a Treasurer. Any officer may be removed for any or no cause by a vote of two-thirds of the directors. Section 5. Time of Meeting. The Board of Directors shall meet annually for organization purposes after May 1st and prior to July 1st, and at such other times thereafter as the president or a majority of the members of the Board of Directors may request. 3 CONSTITUTION 2013-2014 ARTICLE VII POWERS AND DUTIES OF BOARD OF DIRECTORS AND OFFICERS Section 1. Powers and Duties of Board of Directors. The Board of Directors shall have the following powers and duties: A. To have general control over all interscholastic athletic relations and Contests in which a PIAA member school participates. B. To elect its own officers, who shall be the officers of PIAA, and to establish its own rules of procedure. C. To employ an Executive Director, who shall serve for a term and under conditions established by the Board of Directors, and to define the duties of the Executive Director. D. To administer the finances of PIAA. E. To interpret the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA and such other by-laws, policies, procedures, rules, and regulations as it may, from time to time, adopt. F. To determine the method of and the qualifications for the registration of officials; to determine their powers and duties; and to make and apply necessary policies, procedures, rules, and regulations for such officials. G. To investigate, request, receive and/or otherwise obtain information (written and/or oral), hear and decide matters in dispute between PIM member schools located in different jurisdictions. In assuming this responsibility, the Board of Directors shall not be required to assume the position of investigator. The Board of Directors will not consider matters submitted more than one year after the dispute arose. H. To investigate, request, receive and/or otherwise obtain information (written and/or oral), hear and decide appeals from decisions of Regional Panels or District Committees. In assuming this responsibility, the Board of Directors shall not be required to assume the position of investigator. The Board of Directors will not consider appeals submitted more than thirty days after the decision of a Regional Panel or District Committee. I. To fix and enforce penalties for any violation of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA and such other by-laws, policies, procedures, rules, and regulations as it may, from time to time, adopt. J. In acting pursuant to the provisions of subsections E, F, G, H, and I of this Section, the Board of Directors shall act at its next regularly scheduled meeting, unless the Executive Director determines, or the Regional Panel or District Committee certifies, that immediate disposition of the matter would be in the best interests of PIAA. In such event, the President of PIAA shall promptly convene a Board of Appeal to hear and determine such matter as expeditiously as possible. The membership of such Board of Appeal shall consist of at least five members of the Board of Directors designated by the President for each such matter. The presiding officer shall be the PIAA President or another officer of PIAA (Vice President or Treasurer) appointed by the President. If no officer of PIAA is available to preside, the President shall appoint another member of the Board of Appeal to preside. No officer or member of the Board of Directors is eligible to serve upon such Board of Appeal in any matter involving such officer's or member's school, public school district, Regional Panel, or District. Such Board of Appeal's decision shall be final and binding upon all parties to the matter. K. To have general control of Inter -District Championship Contests. L. To authorize the return of membership dues and to exclude from membership or to suspend from membership in PIAA any school whose Principal does not enforce the 4 Constitution and By -Laws, Policies and Procedures and Rules and Regulations of PIAA or who is not responsible for all interscholastic athletic activities carried on by the Principal's school. M. To exercise such other powers as are in keeping with the growth and needs of PIAA and which are consistent with the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. N. A majority of its members shall constitute a quorum for the transaction of business of the Board of Directors. O. To acquire by purchase, gift, devise, or otherwise, real estate and interests therein for the general use and purposes of PIM. P. Any action required or permitted to be taken at any meeting of the Board of Directors or any committee thereof may be taken without a meeting if, prior to such action, a written consent thereto is signed by all members of the Board of Directors or of the committee, as the case may be, and such written consent is filed with the minutes of proceedings of the Board of Directors or the committee. Section 2. Powers and Duties of the President, Vice President, Treasurer, and Executive Director. Officers must be members of the Board of Directors. They shall serve a term of one-year and may be re-elected so long as they remain members of the Board of Directors. The officers of PIM are President, Vice President, and Treasurer. They shall perform the duties ordinarily incident to their offices. A. President. In addition to his or her duties hereinafter described, the President shall serve as the Chair of the Board, and shall have general supervision over the carrying out of the policies adopted or approved by the Board. He or she shall: 1. Preside at all meetings of the Board and Executive Committee; 2. Perform such other duties as may be designated to him or her by the Board or the Executive Committee; 3. Have the power to appoint any committee as may from time to time be deemed necessary or advisable in the opinion of the Board; and 4. Be an ex -officio member of all committees. B. Vice -President. In the absence of the President or in the event of an inability or refusal to act, the Vice President shall have all the powers of, and be subject to, all restrictions incident to the office of President. C. Treasurer. The Treasurer shall receive the budget presented to the PIAA Board of Directors by the Executive Director of PIAA and shall make a financial report at each regular meeting of the Board of Directors. D. Executive Director. The Board may select an Executive Director, who is responsible for the active management of the day-to-day operational, administrative, personnel, and programmatic affairs of PIRA.- The Executive Director shall see that all orders and resolutions of the Board of Directors are carried into effect. The Executive Director shall have sufficiently broad authority to enable him or her to carry out his or her responsibilities and he or she shall act as the duly authorized representative of PIAA upon authorization by the Board of Directors. In addition, the Executive Director is the custodian of the properties and records of PIM; shall keep a record of all monies received by and due PIAA; shall prepare the annual budget for the consideration of the Board of Directors; shall remit to the Treasurer all PIM monies; shall make reports to the PIM Board of Directors as it may direct; and shall perform all other acts and duties in connection with the growth and needs of PIAA as the Board Directors may direct. 2013-2014 CONSTITUTION of appropriate and necessary under the circumstances that necessitated the creation ofthe Panel. Officers shall be selected by the members of the Regional Panel. If there is no agreement on selection of the Chairman, the Executive Director shall designate one member of the Regional Panel to serve as Chairman. Section 4. Finances. The Regional Panels shall not have a treasury. The participating District Committees shall share equally in the exponueo, if any, of the Pone|, and the participating Districts shall reimburse their Committee members for expenses incurred in their participation on the Panel. Section 5. Powers and Duties of a Regional Panel. Subject to further limitation by the agreement between the participating Districts, Regional Panels have the following powers and duties: A. To elect its own ofticers. B. To invandgaVa, nsceive, request and require data from PIAA member ochoo|o, and to hear and decide (1) disputes between two or more PIM member schools located in the participating Districts; (2) matters arising under ARTICLE VI of the PIAA By -Laws involving Transfers or athletic recruiting, including students transferring from or to a Cross -District School; � (3) allegedcontracts; breaches of contracts; and (4) alleged violations by Cross -District By -Laws, Policieson m Procedures, and Rules and Regulations of PIAA. The Regional Panel will not consider matters arising solely within one of the participating Districts nor will it consider matters submitted more than one year after the dispute arose. C. To fix and enforce peno|tieo, in the different Districts within the Rogion, for violation of the Constitution, and 8y'Lawm. Policies and Procedures, and Rules and Regulations of PIAA, within the limits prescribed by the By -Laws. The Regional Panel will not consider matters arising solely within one of the participating Districts D. No member of thnal Panel is eligible to vote in a dispute involving such member's school or pubUc school district, excepting that members of a Panel from PIAA Districts V||| and X|| are permitted to vote in disputes involving schools from their Diothma, provided that the matter does not involve the members school. E. Referrals of matters to the Regional Panels shall be made by one or both of the participating Districts and shall be submitted to the Chairman of the Regional Pane|, in writing. F. The Regional Panel may not consider matters arising solely within one of the Districts. G. A quorum for the transaction of business of the Regional Panel is met if at least two members from each participating District are present. ARTICLE IX DISTRICT COMMITTEES Section 1. Composition. A. The makeup of each District Committee shall be decided by the members of that particular District; provided that at least one member of the District Committee must be a representative of the junior high/middle schools of the District, one a representative of the School Boards of the Dintrict, one a representative of the PIAA-registered officials in the Diuthct, one a representatjve of the Athletic Directors of the District, and one a representative of the giris' athletic programs in the District. B. Method of Selection. 1. The PIAA member schools of a District shall elect each year from their own Dietrict, at their annual meehng, membom, at their discretion, to serve for one year except the junior high/middle schools' nepnaxantohve, who shall serve for a period of two years, starting the following July lst, all of whom must be employed as a Principal, Athletic INTERPRETATIONS ARTICLE VII, Section 1-G and ARTICLE VIII, Section 3-E an F. October 26, 1957. The Board of Directors and District Committees will n consider any protests in Contests which are based on p| situations or officials' decisions involving interpretation judgment of plays. n no case will the results of a Contest be reversed nor will Contest be ordered or permitted to be Questions regarding interpretation of rules or judgment officials should be submitted in writing to the Executive Section 2. December 29, 1936; as amended July 27, 2007. The Executive Director, or the Executive Director decidedesignee, is given complete charge of all Inter-Distri Championship Contests. Section 2. May 27, 1938. _�TheExecudve0�c�r�g�enou�n�ytuall caae of |nofernrquestions concerning non-resident students in th interim betweeBoard of Directors meeti. Section 2-B. July 23, 1987; as amended May 11, 2002; an May 20, 2009. Authority of Executive Director Summarily to Impose Tempora Penalties. VVhen, in the opinion of the Executive Director, there ha been a violation of the Constitution, Policies an Procedures, and/or Rules and Regulations of PIAA, and th Executive Director determines that, as a result of such violation b���e����uf�e_pmm�donofpe�onompropo�y o otherwisemma/n����PIM mmmember thereof, that actio be taken before a District Committee, Regional Pane|, or th Board of Directors, within their respective jurisdictions, ca reasonably meet to address the matter, the Executive Directo may impose any pena8ypnov�od�xsuch �o�hon. The penalty so imposed shall remain in force until the earlier to occur of th nextmeeting� of the DistrictCommittee or Regional Panel or th passage of 14 days in matters within the jurisdiction of th D���mm���R���P�e.�������m��gothe Board of Directors in matters within its jurisdiction. ARTICLE VIII REGIONAL PANELS Contiguous PIM Districts, having within their geographi boundaries one or more schools that are under the diction o ano�e,PV�.D��c ("Cross-DistrictSchools"), may ' agree to form Regional Panels for the purpose of resolving certain matters pertaining to those Cross -District Schools. These Regional Panels shall be created and administered as set forth below. Section 1. Creation. Regional Panels between contiguous PIM Districts may be created only by written agreement between the Districts. No District is required to enter into an agreement with any other District(s). Regional Panel agreements shall specifically set forth the scope of the powers of the Panel, but, in no everit shall said powers exceed those authorized in this ARTICLE. Section 2. Composition. Regional Panels shall consist of at Ieast three members from each of the Districts entering into the agreement. Each District must have the same number of members on the Regional Panel. The selection of the members shall be decided by the members of the respective District Committees. Section 3. Officers. The officers of each Regional Panel shall be a Chairman, a Vice Chairman, and a Secretary. Officers shall be elected by the Panel and shall serve for a period of time as determined c � 5 CONSTITUTION 2013 -2014 Director, and/or faculty member of a PIAA member school or as a school administrator of a public school district which has at least one member in PIAA. INTERPRETATION Section 1B-1. March 24, 2011 Should a member of a District Committee, after July 1 of a year in which that person is elected to the District Committee, cease to be employed as a Principal, Athletic Director, and/or faculty member of a PIAA member school or as a school administrator of a school district which has at least one PIAA member, that person may, at the discretion of that member's District Committee, be replaced or continue to serve on the District Committee until the immediately following June 30. 2. The School Board member, whose high school is a member of PIAA, shall be appointed for a term of two years by the Board of Directors of the Pennsylvania School Boards Association (PSBA) from each of the PIAA geographic District areas. 3. The officials' representative shall be elected for a term of two years by the PIAA-registered officials of the District. When there is only one nominee for an officials' representative position in a District, an election will not be conducted, and the nominee will be elected to the position. Representatives of odd -numbered Districts will be elected in the odd -numbered years and representatives of even - numbered Districts will be elected in the even -numbered years. C. Time of Selection. All elections and appointments shall be made prior to July 1st. D. Vacancies. When a vacancy occurs in the membership of the District Committee, the unexpired term shall be filled by the remaining members of the Committee, except that in the case of the School Boards representative, the Board of Directors of the Pennsylvania School Boards Association (PSBA) shall appoint an interim representative to fill the unexpired term; and in the case of the officials' representative(s), the Executive Director shall conduct a special election among the affected PIAA- registered officials of the District to fill the unexpired term(s). E. The members of each District Committee elected for the following year shall meet for organization purposes only, prior to July 1st. F. If a District fails to elect a District Committee prior to July 1st, the President of PIAA shall appoint a chairman for the District who shall serve during the ensuing year. The President shall conduct an election for the remaining members of the District Committee within one month following their appointment. Section 2. Officers. The officers of each District Committee shall be a Chairman, a Vice Chairman, a Secretary, and a Treasurer, or a Secretary - Treasurer combined. Section 3. Powers and Duties of a District Committee. A District Committee has the following powers and duties subject to exercise by the Board of Directors of its powers as provided in ARTICLE VII above: A. To have general control within the District over all interscholastic athletic relations and Contests in which a PIAA member school participates, subject to the provisions of the rules and regulations of the Board of Directors. B. To elect its own officers and establish its own rules of procedure. C. To administer the finances of the District Committee. D. To render, within the District, an opinion on the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. 6 E. To investigate, hear, and decide matters in dispute between PIAA member schools located within the District. The District will not consider matters submitted more than one year after the dispute arose. No officer or member of the District Committee is eligible to vote in case of a dispute involving such officer's or member's school or public school district. F. To receive, request, or require data on alleged violations of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations by or from schools located within the District. In assuming this responsibility, the District Committee shall not be required to assume the position of investigator. Charges of violation of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA by a PIAA member school must be made to the Chairman of the District Committee in writing, and, if requested by the District Committee, such evidence shall be presented in the form of affidavits. G. To make determinations as to the eligibility of contestants, and to address alleged violations of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. H. To fix and enforce penalties, within the District, for violation of the Constitution, and By -Laws, Policies and Procedures, and Rules and Regulations of PIAA, within the limits prescribed by the By -Laws. I. In acting pursuant to the provisions of subsections D, E, F, G, and H of this Section, the District Committee shall act at a scheduled meeting, unless the Chairman of the District Committee determines that immediate disposition of the matter would be in the best interests of the District or PIAA. In such event, the Chairman of the District Committee shall promptly convene a Hearing Panel to hear and determine such matter as expeditiously as possible. The membership of such Hearing Panel must consist of at least five members of the District Committee designated by the Chairman for each such matter requiring expeditious disposition. No officer or member of the District Committee is eligible to serve upon such Hearing Panel in any matter involving such officer's or member's school or public school district. J. To have general control of District Championship Contests. K. To act with the Board of Directors in the transfer of schools from one District to another. L. A District Committee has such other powers within the District as are in keeping with the growth and needs of PIAA and which are consistent with the provisions of the Constitution, By - Laws, Policies and Procedures, and Rules and Regulations of PIAA. M. A majority of its members constitutes a quorum for the transaction of business of the District Committee except in cases where a three-fourths or unanimous vote of the entire Committee is re. uired. INTERPRETATIONS ARTICLE VII, Section 1-G and ARTICLE VIII, Section 3-E and F. October 26, 1957. The Board of Directors and District Committees will not consider any protest in Contests which are based on play situations or officials' decisions involving interpretation or judgment of plays. In no case will the results of a Contest be reversed nor will a Contest be ordered or permitted to be replayed. Questions regarding interpretation of rules or judgment of officials should be submitted in writing to the Executive Director. Section 3. January 30, 1998. A District Committee may authorize its executive staff to schedule hearings before the District Committee and Hearing Panels of the District Committee, to receive, request, or require data on alleged violations of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA by or from 2013-2014 schools located within the District, and to prepare and sign letters communicating decisions made by the District Committee and Hearing Panels. Sections 3-E and 3-1. March 24, 2006. Officers and members of the PIM District VIII and PIAA District XII Committees are permitted to vote in disputes between two schools in such officers or member's public school district, provided that the matter does not involve the officers or member's school, and to serve on Hearing Panels involving the officer's or member's public school district, provided that the matter does not involve the officer's or member's school. ARTICLE X LOCAL MANAGEMENT AND CONTROL Section 1. Responsibility of Principal. The Principal of each school, in all matters pertaining to the interscholastic athletic relations of the Principal's school, is responsible to PIAA. The Principal may delegate some of these powers but such delegation does not relieve the Principal of responsibility for any infraction, by the Principal's school, of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. Section 2. Powers and Duties of Principal. The Principal has the following powers and duties: A. To have control over all interscholastic athletic relations in which the Principal's school participates. B. To sanction all Contests in which the Principal's school participates, and to notify the Executive Director of PIAA, within ten days, if the Principal's school has entered a Contest which the Principal has not sanctioned. C. To exclude any contestant who, because of violations of policies of the local School Board or Board having jurisdiction over the school, would not represent the Principal's school in a becoming manner, and also to exclude any contestant who has suffered serious illness or injury until that contestant is pronounced physically fit by the school's licensed physician of medicine or osteopathic medicine, or if none is employed, by another licensed physician of medicine or osteopathic medicine. D. To be responsible for the treatment of all visitors and officials attending Contests conducted by the Principal's school. Penalties may be imposed upon a PIAA member school whose Principal fails to provide reasonable protection for officials and visitors at home Contests. If a Contest is played at a neutral place, the Principals of the participating schools shall be held jointly responsible for this protection. In such a case, penalties may be imposed upon either or both of the schools. E. To see that all contracts for Contests in which the Principal's school participates are in writing and bear the Principal's signature or, at the Principal's option, that of the Athletic Director. F. All written contracts with officials must be signed by the Principal or by one Principal representing a conference or league or, at the option of the applicable Principal, the Athletic Director or one Athletic Director representing a conference or league. G. To authorize a full-time teacher of the Principal's public school district to be the Faculty Manager of the Team representing the school, unless the Principal acts as the Faculty Manager. H. The Principal, or the Principal's authorized representative, must accompany the school's Teams to all Contests. I. To be responsible for certifying in writing the eligibility of all contestants in accordance with the By -Laws of PIM. J. The Principal has such other powers concerning interscholastic athletics within the Principal's school as are in keeping with the growth and needs of the school and which are consistent with the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIM. CONSTITUTION ARTICLE XI LIABILITY AND INDEMNIFICATION Section 1. No Personal Liability. A director shall not be personally liable as such for monetary damages for any action taken unless (1) the director has breached or failed to perform his or her duties under the provisions of the Pennsylvania Nonprofit Corporation Law of 1988 ("NPCL") and (2) the breach or failure to perform constitutes self-dealing, willful misconduct, or recklessness. The foregoing limitation of liability shall not be deemed exclusive of any provision which the Board of Directors now or hereafter may have to limit such liability. The limitation of liability set forth above shall not apply to any responsibility or liability pursuant to any criminal statute or for the payment of taxes pursuant to local, state, or federal laws. Section 2. Indemnification. PIM shall indemnify any director or officer, and may indemnify any other employee or agent, who was or is a party to, or is threatened to be made a party to, or who is called as a witness in connection with any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, including an action by or in the right of PIM, by reason of the fact that he or she is or was a director, officer, employee, or agent of PIAA or is or was serving at the request of PIAA as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit, or proceeding unless the act or failure to act giving rise to the claim for indemnification is determined by a court to have constituted willful misconduct or recklessness. Section 3. Not Exclusive Right. The indemnification and advancement of expenses provided by, or granted pursuant to, this ARTICLE shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, agreement, contract, vote of the Board of Directors, or pursuant to the direction, howsoever embodied, of any court of competent jurisdiction or otherwise, both as to action in his or her official capacity and as to action in another capacity while holding such office. It is the policy of PIM that indemnification of, and advancement of expenses to, directors and officers of PIAA shall be made to the fullest extent permitted by law. Section 4. Payment of Expenses. PIM shall pay expenses incurred by an officer or director, and may pay expenses incurred by any other employee or agent, in defending a civil or criminal action, suit, or proceeding in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of such person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by PIM. Section 5. Applicability to Former Director. The indemnification and advancement of expenses provided by, or granted pursuant to, this ARTICLE shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such person. Section 6. Fund. PIM may create a fund of any nature, which may, but need not be, under the control of a director, or otherwise secure or insure in any manner, its indemnification obligations, whether arising under this Constitution or otherwise. This authority includes, without limitation, the authority to (i) deposit funds in 7 CONSTITUTION 2013-2014 trust or in escrow, (ii) establish any form of self-insurance, (iii) secure its indemnity obligation by grant of a security interest, mortgage, or other lien on the assets of PIAA, or (iv) establish a letter of credit, guaranty or surety arrangement for the benefit of such persons in connection with the anticipated indemnification or advancement of expenses contemplated by this ARTICLE. The provisions of this ARTICLE shall not be deemed to preclude the indemnification of, or advancement of expenses to, any person who is not specified in Section 1 of this ARTICLE but whom PIAA has the power or obligation to indemnify, or to advance expenses for, under the provisions of the NCL or otherwise. The authority granted by this Section 6 shall be exercised by the Board of Directors. Section 7. No Impairment if Repealed. The repeal of this ARTICLE or any amendment thereof which may impair or otherwise diminish the protection afforded hereby to the persons described herein is effective only with respect to acts or omissions by such persons which occur after the effective date of such repeal or amendment and shall have no effect whatsoever with respect to acts or omissions occurring prior to such effective date. ARTICLE XII AMENDMENTS Section 1. Majority Approval Necessary. Amendments to this Constitution must be approved either by two-thirds of the schools voting or by a majority of the total membership. Section 2. Proposed Amendments. Proposed amendments must be approved by a vote of two- thirds of the Board of Directors before being submitted to the PIAA member schools, provided, however, that on the two-thirds petition of a District Committee to the Executive Director, the Board of Directors shall submit such proposals to the PIAA member schools for their approval or rejection. Section 3. When Amendments Must be Submitted for Approval. Amendments to be considered during the current year must be presented by February 1st to the Executive Director. Section 4. Withdrawal of Proposed Amendments. A proposed amendment, which has been properly submitted by the Board of Directors for approval by the membership, may be withdrawn by a vote of two-thirds of the Board of Directors. A proposed amendment, which has been submitted pursuant to a two-thirds petition of a District Committee, may be withdrawn by a two-thirds vote of that District Committee. Section 5. When Amendments Must be Voted Upon. Amendments approved by the Board of Directors or presented on petition as provided in Section 2 of this ARTICLE, must be submitted to the PIAA member schools by May 1st. Section 6. How Amendments are Voted Upon by Schools. Amendments approved by the Board of Directors or presented on petition as provided in Section 2 of this ARTICLE, must be submitted to the members of each District for their consideration and for their vote at a meeting of the PIAA member schools called by the District Chairman. Section 7. When Votes on Amendments Shall be Tabulated. Tabulation of the votes of the various Districts shall be made by the District Committee and submitted to the Executive Director by May 1st. Section 8. Effective Date of Amendments. Amendments become effective on the date designated in the Resolution of the Board of Directors submitting the amendment to vote of the PIAA member schools, or, in the absence of such designation, on the next following July 1st. Section 9. Defeated Amendments. The provision of a defeated amendment may not be submitted for vote by PIAA in the following calendar year. 8 Section 10. Non -Substantive Amendments. The Board of Directors shall have authority to make technical, typographical, spelling, and grammatical changes to the Constitution in order to assure editorial continuity with substantive changes approved by the membership, and to delete provisions which have become obsolete. ARTICLE XIII ADMINISTRATION Section 1. Definitions. Definitions of terms set forth in the Glossary attached to the PIAA By -Laws are applicable to the terms so defined which also appear in this Constitution, the PIAA Policies and Procedures, and the PIAA Rules and Regulations. The Board of Directors has the power to amend the Glossary as it deems appropriate. Section 2. Seal. The Board of Directors shall provide a corporate seal which shall be in the form of a circle and shall have inscribed thereon the name of PIAA. Section 3. Fiscal Year. The fiscal year of PIAA is from July 1 to June 30. Section 4. Books and Records. PIAA shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors and committees having any of the authority of the Board of Directors. Section 5. Principal Office. The principal office of PIAA is in Mechanicsburg, Pennsylvania, where the executive offices are located, or such other place within the Commonwealth of Pennsylvania as the Board of Directors may decide from time to time. The Board of Directors may establish and maintain branch offices in other locations within the Commonwealth of Pennsylvania, when in the judgment of said Board such branch offices may be necessary or convenient in carrying out the purposes of PIAA. Section 6. Meetings. A. Annual Meeting. The annual meeting of PIAA shall be held on such date as may be determined by the Board of Directors, at the registered office of PIAA, or at such other location, as may be determined by the Board of Directors and as shall be designated in the notice of said meeting, for the purpose of transacting such business as may be properly brought before the meeting. B. Special Meetings. The President and/or Executive Director may fix any place, either within or without the Commonwealth of Pennsylvania, as the place for holding any special meeting of the Board of Directors called by them. C. Notice. Notice of any meeting of the Board of Directors must be given at least five days previously thereto by written notice delivered personally or sent by first-class mail, facsimile, or electronic mail to each Director at his or her address as shown by the records of PIAA. The attendance of a Director at any meeting constitutes a waiver of notice of such meeting, except where a Director attends the meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the business of, any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting, except where otherwise provided by law or this Constitution. D. Expenses of Attendance. Directors as such may not receive any stated compensation for their services, but by resolution of the Board of Directors, a fixed sum for expenses of attendance, if any, may be allowed for attendance in each regular or special meeting of the Board; provided, that nothing herein shall be construed to preclude any Director from serving PIAA in any other capacity and receiving compensation therefore. 2013-2014 E. Teleconferencing. Any one or more Directors may participate in the meeting of the Board or of a committee of the Board by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation constitutes presence in person at the meeting Notwithstanding the fnnegoing, however, use of conference telephone and similar communications equipment may be permitted at the discretion of the Board of Directors, whichisdeemed to have permitted such use unless and until it should have taken action to prohibit such use. Section 7. Waiver of Notice. VVhenave, any notice whatsoever is required to be given under the provisions of the Pennsylvania Nonprofit Corporation Law of 1988 or under the provisions of the Articles of Incorporation or the Constitution of P|AA, a waiver thereof in writing signed by the person or persons entitled to such nodce, whether before or after the time stated thaein, is deemed equivafent to the giving of such notice. Section 8. Term of Existence. PIAA shall continue in existence in perpguity, unless dissolved by the Board of Directors of P|AA, or by vote of 2/3 of the PIAA member schools voting or a majority of the total membership or by the vote of 80% of the members of the Board of Directors. If for any reasori, PIAA is dissolved and terminated, all of its assets shall be distributed to such organizations which are then qualified under section 501(o)(3) and section 509(a)(1). (2), or (3), or any successor provision of the Internal Revenue Code of 1986, as determined by vote of two-thirds (2/3) of the members of the Board of Directors of PIAA in attendance at a duly constituted meeting. Such dissolution shall be subject to the provislons of the Articles of Incorporation of PIAA and, hurther, any funds distributed shall continue to be subject to the restrictions and requirements imposed by donors to PIAA with respect to its component fundm, foundations, and trusts. Any assets not so disposed of shall be disposed of by a court of competent jurisdiction in the county in which the principal office ofP|AAiothon|ocatad.exo|uoive|yforthepurpoemoo$ouadinthe Articles of Incorporation of P|AA, or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. CONSTITUTION 9 2013-2014 BY-LAWS CONSTITUTION ADHERENCE TO AND ENFORCEMENT OF The ��a PIAA -- ' -^~~~~personnel rests with the Principal of that school.Notwithstanding this initial responsibility for compliance, (1) the Principal of any PIAA member school, by written request orcomplaint to the Chairman of the appropriate District Committee or PIM Office, may allege or bring to the attention of PIM a violationof, or a failure to meet, applicable provisions of the PIM By -Laws, and (2) a District Committee or the Board of Directors may, on itsown motion, enforce the PIAA By -Laws in the absence of submission of the matter to it by the Principal of a PIAA member school.This portion of the Handbook contains the PIM By -Laws, as in effect July 1, 2013. Any subsequent amendments for 2013-2014will appear on the PIAA Web site at www.piaa.org. o PIAA PHILOSOPHY It is unconscionable that a school or any ufits employees would subvert the high purposes of interscholastic athletics by condoning any violation of the rules. To involve boys or girls in any practice or procedure which "gets around the rules" is unworthy of a person associated with athletics. ATHLETIC COURTESY Section 1. Athletics should foster clean sports. It is the privilege and duty of every rson connected with athletics to exemplify these principles in that person's own actions and earnestly advocate them before others. A. Contest rules are to be regarded as mutual mgeemento, the spirit or Ietter of which no honorable person would break. The stealing of advantage in sport is theft. B. No advantages are to be sought over others except those in which the Contest is understood to show superiority. C. Unsportsmanlike or unfair means are not to be used, even when opponents use them. D. Visiting Teams are to be honored guests of the home Team, and should be treated as such. E. No action is to be taken nor course of conduct pursued which would seem unsportsmanlike or dishonorable if known to one's opponent or the public, F. Remember that student -spectators represont their school the same as student-athietes, G. Any spectator who continually evidences poor sportsmanship should be requested not to attend future Contests. H. Decisions of Contest officials are to be abided by, even when they seem unfair, I. Contest officials and opponents are to be regarded and treated as honest in intention. In Contests when opponents conduct themselves in an unbecoming manner, and when Contest officials are manifestly dishonest or incompetent, future rolationship with them should be avoided. J. Good points in others should be appreciated and suitable recognition given. K. The practice of "booing" is regarded as discourteous and unsportsmanlike, CODE OF ETH/CS PERTAINING TO HIGH SCHOOL ATHLETICS This Code of Ethics Pertaining to High School Athletics is to be regarded not only as necommendationa, but also as rules governing the conduct of schools, mtudant-uth|eteo. Coaches, Contest officials, Athletic Directors, Principals, and the public. Section 1. Schools Should: A. Conduct themselves in a sportsmanhjke manner, B. Not recruit students for an athletic purpose. C. Establish and enforce a code of conduct for ntudont- ath|eVeo. D. Cooperate with PIAA in ensuring the enforcement of the HAA Constitu¢ion, By -Laws, Policies and Procedures, and/or Rules and Regulations. E. Ensure that necessary and appropriate security � providedfor spectators and Teams at Contestshosted — the school. Section 2. Should: A. Conduct themselves inosportsmanlike manner. B. Not use profanity, obscene gestures, and/or obscene language. C. Not seek to provoke opponents. Contest ufficials, or spectators to engage in improper conduct. D. Not seek to injure opponents. Section 3. Coaches Should: A. Have a fair, unprejudiced relationship to student - athletes. B. Teach student-athietes to win through legitimate means only. Striving to win at any cost is distinctlethi | C. Give opponents full credit when they win. D. Control one's temper at all times. E. Not use, and discourage the use of, profanity, obscene gestures, and/or obscene language. F. Recommend the use of competent Contest officials and support their decisions. The Coach should direct concerns and/or criticisms of Contest officials through the appropriate review process and not criticize the actions or decisions of Contest officials through the media or to student -athletes and/or spectators. G. Counteract unfounded rumors of questionablepructicee by opponents. To establish the truth or falsity of these rumors the Coach should refer them directly to the authorities of the school concerned. M. Not recruit students for an athletic purpose. I. Maintain control of the Team for which the Coach is responsible. Section 4. Contest Officials Should: A. Have thorough preparation in the current rules and approve'd officiating techniques of the sport. B. Be physically fit and mentally alert. C. Have a neat, diahnmLiwa, and approved uniform. Q. Report for duty at least 30 minutes before the scheduled start ofoContest, E. Honor all agreements to officiate Contests. F. Control one's temper in all relations with students, Coaches, member schoo!s, and spectators. G. CaII them as one sees them. H. Make clear any interpretations and announcements. I. Foliowing a Contest officiated, not discuss plays or student-athietes of a Team in that Contest with any of their future opponents. Section 5. Athletic Directors Should: A. Arrange only schedules which are educationally and physically sound for the school's student -athletes. B. Not schedule or reschedule a Contest for the purpose of circumventing the app|icoUon, enfomement, and/or intent of any provision of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIM. 11 BY-LAWS 2013-201* C. Have a definite and mutual understanding with other Athletic Directors regarding Contest officials. D. Treat visiting Teams and Contesofficials as guests. E. Cooperate with the school community in developing a wholesome athletimm. Section 6. Principals Should: A. Be honest in certifying to the eligibility of student- a1h|eVaaund refuse to certify any student -athlete where there is a question as to the student -athlete's ineIigibIity. B. Endeavor to foresee possible misunderstandings with other schools and, as far as possible, settle them before they materialize. C. Pass on to another school's athletic administration any seemingly reliable information which calls in to question the eligibility of any of the other school's student-athtetes. D. Encourage the school's support of its Teamsbut never at the expense of friendly relations, Section 7. Public Should: A. Realize that gambling on Contests, the consumption of alcoholic bevenegeo, and/or the use of illegal drugs, anabolic o0emiUa, and/or other performance enhancing drugs in connection with Contests are all detrimental to the best interests of athletics and the standards which PIM is endeavoring to footer. B. Not use pmhanity, obscene gestuvau, and/or obscene Ianguage while attending Contests. C. Not attempt to pmvohu, inhmidate, and/or berate Coaches, Contest Dfficio|o, otudont-oth|etes, and/or other spectators. D. Not interfere with any Contests. Any spectator who evidences poor sportsmanship and/or behavior inconsistent with this Code of Ethics may be removed from a Contest venue and may be prohibited from attending future Contests. INTERPRETATIONS October 1, 1983; as amended May 11, 2002; July 28, 2005; and July 24, 2009. To participate in Inter -School Practices, Scrimmages, and/or Contests, a student must be eligible for interscholastic athletics in all respects. July 22, 1982; as amended July 24, 2009. A PIAA member school may permit any of its students who are ineligible to participate in Inter -School Practices, Scrimmages, and/or Contests under any provision(s) of the PIAA By -Laws other than ARTICLES IV and V to Practice with any of its Teams. ARTICLE) AGE Preamble The purposes ofthis ARTICLE are (1) to promote the safety of traditional school-age participants in interscholastic athletics; (2) to prevent a Team from gaining a competitive advantage by permitting more mature (physically, mentally, and emotionaily) students to participate in interscholastic athletics; (3) to discourage schools from ''ned'ohirting^stndents; and (4) to give more of an opportunity for traditional -age students to participate in interscholastic athletics. Section 1. Maximum Age Rule. A student shall be ineligible for interscholastic athletic competition upon attaining the age of nineteen years, with the following exception: If the age of 19 is attained on or after July 1, the student is eligible, age -wise, to compete through that school year. Section 2. How to Determine Age. In determining the age of a student, the date of birth as recorded in a State Bureau of Vital Statistics is considered as conclusive if filed in a State Bureau of Vital Statistics within one 12 year after the date of birth. If a birth record from a State Bureau of Vital Statistics is not available, proof of a student's age may be determined by the submission of (1) a birth certificate which was issued within one year after birth; (2) a passport with the date of birth recorded thereon; (3) an affidavit by the parent(s) or guardian(s) filed not later than one year after the student's admission to the first grade of an elementary school; or (4) the earliest date of birth as recorded in the records of the school or schools attended by the student. In the event of the non- existence of any of these documents, the Principal may rely upon the most credible available evidence as to the actual date of birth. Section 3. Waiver of Maximum Age Rule. Any waiver granted under this ARTICLE may be given only for a particular sport and for a particular season. While a student may receive up to three waivers in a particular school year (for a fall, win0er, and spring sport), no student may receive a waiver for any season or sport in any subsequent school year. The member school requesting a waiver for a Student With A Disability must present clear and convincing evidence in each of the areas set forth in this Section. It is not the duty of the District Committee to independently produce or collect information. A Distnct Committee may grant a Iimited waiver of Section 1 of this ARTICLE to a Student With A Disability following an individualized assessment of the student's condition in relation to the purposes of this ARTICLE and the potential impact of participation by the tdant on opponents and teammates if the District Committee concludes that: 1. the student currently suffers from a phyoiva|, manta|, or emotional disability which has been recognized by, and certified to by, a treating physician or psychiatrist; 2. the certified to disability has a direct and significant negative impact on the student's physical athletic ability; 3. the student has a current Individualized Education Plan (IEP) oro Chapter 15 Service Agreement relating to the certified to disability, at the student's school; 4. the grant of a waiver would not be likely to render the student's Team more competitive than it would be without the waiver; 5. the student would likely not, due to the student's physical size, athletic abi|ity, and/or other ohamctahudcu, pose an increased risk of harm to ents; and O. the student is otherwise eligible under these By -Laws. In considering a wmiver, with regard to factors 4 and 5 above, the District Committee shall be guided by the foliowing: 1. Where there is a question as to the risk posed to opponents or to a possible competitive advantage to the requesting school, such questions should be resolved in favor of the health and safety of opponents and against providing an unfair advantage to the requesting school and such waiver request should be denied. 2. A student who has played regularly on the varsity Team and/or obtained a performance -related athletic "letter" from the student's school in a particular sport for the preceding season presumptively gives the student's Team a competitive advantage if the student were to be permitted to participate in that sport again. 3. The District Committee may reject the request for a waiver if such waiver would prevent another student, who is of traditional school age, from an opportunity to participate in interscholastic athletics. 4. Due to the increased risk of injury to opponents in collision sports such as football, boys' |oomooe, and wrestling; contact sports such as boskatba||, field hockey, girls' |ecmooe, and soccer; and to baseball and softball hitters when facing a 2013-201* CONSTITUTION pitcher over the age of 19, particular scrutiny should be applied by the District Committee to requests for waiver in these sports. 5. Any waiver granted may be given only for a particular sport and for a particular season. While a student may receive up to three waivers in a particular school year (for a fall, winter, and spring spurV, no student may receive a waiver for any season or sport in any subsequent school year. ARTICLE 11 AMATEUR STATUS AND AWARDS Section 1. Amateur Status Required. To be eligible to participate in an Inter -School Practice, Sorimmogo, and/or Contest, a student must be an amateur in the sport involved. An amateur student is one who engages in athletic competition solely for the educational, physical, mental, social, and pleasure benefits derived thereof. Where the official rules for a sport provided for under ARTICLE XVIII of these By -Laws establish requirements for amateur otatuo, such requirements shall govern to the extent inconsistent with this ARTICLE 11. Section 2. Loss of Amateur Status. A student loses amateur status in an interscholastic sport whenever: A. The student or the student's parent(s) or guondian(s), receives compensation, other Consideration, or an award not permitted under Section 3 hereof, for or rePated to the student's athletic ability, participation, performance, services, or training in a sport. B. The student receives Consideration for becoming a member of an athletic organization or school. C. The student plays on a professional team or as an individual professional athiete in that sport. D. The student signs a contract whereby the student agrees to compete in any athletic competition for Consideration, It is not a violation for a high school student to u#end, and participate in a professional try -out camp, provided that (1) no compensation or expenses are paid to the student; (2) the try -out lasts no longer than forty-eight hours; and (3) if in the sport of buoebeU, the student's participation is otherwise in conformity with the National Federation Major -Minor League Agreement. E. The student sells or pawns the student's athletic achievement awards. Section 3. Permissible Awards. A. Member Schools: A student may ocuept, from the student's oohou|, or a school -affiliated booster club, items of appae|, a b|anket, wetch, ring, ocm||, carry -on or warm-up bag, photograph, medal, p|oque, or similar owund, with appropriate institutional insignia or comparable idenUfinadon, upon completion of a season of participation on a Team and/or for earning the official school Ietter or award. B. Sponsors of Athletic Events: A student may acmepL, from the sponsor or sponsors of an athletic event or group of athletic ovenm, items of appore|, a b|ankat, watch, ring, ocruU, carry -on or warm-up bag, phutognsph, meda|, p|oque, or similar owmn1, with appropriate institutional insignia or comparable idenhfioahon, if the student participated in the athletic event and/or earned an award for an athletic event or events. The fair market value of items provided to any such student may not exceed $500. Such sponsor or sponsors may also pay the expenses for a student to participate in educational pmgnoms, touro, and field trips provided by the sponsor or sponsors in connection with the athletic event or events. C. Media and Other Public Recognition: A student may accept, from a non-profit service organization approved by the Principal of the student's unhou|, or the news modio, items of appona|, a b|anhet, wmtch, ring, scroll, carry -on or warm-up bag, phutog,aph, mada|, p|oquo, or similar owmnJ, with appropriate institutional insignia or comparable identification in recognition of the student's athletic ability or performance, and present the same at a time approprate to such recognition. The fair market value of items provided to any such student may not exceed 5500. D. Banquets: Students may also attend, without charge of odmiaainn, athletic banquets sponsored by the institutions Iisted above in this Section 3. E. Participation expenses: A student may accept, from a school, and/or the sponsor of an athletic event or group of athletic events, the reasonable and necessary expenses for transportation, |odging, and/or meals incurred by the student and/or the student's Team for participation in an athletic event or events. A school affiliated booster club may pay the reasonable and necessary expenses for their school students to attend a camp or clinic, F. Participation Fees: Schools charging fees for students to participate in interscholastic athletics may reduce or waive such fees under the following circumstances: (1) the Principal may approve a reduction or waiver of the fee for an individual student who demonstrates financial need; (2) the Principal may accept a donation of aPI or part of the fee from a school -affiliated booster club for an individual student who demonstratefinancial need; and/or (3) the Principal may accept donations from any party which are to be applied pro rata to aPI students participating in interscholastic athletics or to all students on a particular Team. Under no circumstance can any reduction or waiver be tied into the athletic ability of such students. G. Donations of Athletic Equipment and/or Product and/or Payments to Schools: Nothing in this Section should be deemed to prohibit a donor of athletic equipment and/or product and/or the sponsor of any athletic event or group of athletic events from providing to a school any Conoidaratinn, provided that such Consideration is not made with the assurance or understanding that all or some of such Consideration is to be then conveyed by the school to any individual student-athietes. H. College Recruiting: A student may accept from an institution of higher education which the student visits in connection with the student's prospective or possible attendance there as a college student, reasonable expenses necessitated by such visit, and free admission to home athletic events of such institution which occur during such visit. I. Operation Gold: Consistent with NFHS po|ioy, a student may accept monies under this pmgnum, which provides monetary rewards to athletes who place in the Olympic Games and/or World Championships in desinaVaduportn. Section 4. How Amateur Status Can Be Regained. A student who has lost amateur status may be reinstated by the suspending body after a period of one year from the date of ouopension, providing that the student refrains from all activity prohibited by Section 2 hereof during that year. A student who has lost amateur status pursuant to Section 2A and/or B hereof may be reinstated by the suspending body effective upon the student's return to the provider of the Consideration item or items which caused such loss of amateur status. INTERPRETATIONS May 22, 1953, as amended July 28, 2005. A student -manager of an amateur baseball team, who receives ConaideraUun, is not considered a player unless the student actually participates in a game played by that amateur baseball Team. May 12, 2001. The loss of eligibility in a sport under ARTICLE || does not affect those students who have previously exhausted their eligibility in that sport at the time the loss of eligibility provided in ARTICLE 11 would otherwise occur. This relates almost exclusively to seniors. 13 BY-LAWS 2013-2014 ARTICLE III ATTENDANCE Section 1. Where Enrolled for Attendance. To be eligible to participate in an Inter -School Practice, Scrimmage, or Contest, a student must be regularly enrolled in a secondary school and in full-time attendance, or be home - schooled. Except as otherwise provided in this ARTICLE, a student is eligible only at the school at which the student is enrolled. Section 2. Number of Days of Enrollment Necessary to Count as a Semester. Fifteen days or more of enrollment in a semester in any secondary school counts as one semester of attendance. Enrollment at summer school does not count as a semester or part of a semester. INTERPRETATION Section 2. October 25, 1952, as amended May 25, 2000. Enrollment at any school, accredited or not, counts as enrollment. Section 3. How Absence Affects Eligibility. A student who has been absent from school during a semester for a total of twenty (20) or more school days, is ineligible to participate in an Inter -School Practice, Scrimmage, or Contest until the student has been in attendance for a total of forty-five (45) school days following the student's twentieth (20th) day of absence. The following absences may be waived by the District Committee: A. days when the student was required to serve as the primary caregiver to a member of the student's immediate family or a near relative or a death in that student's immediate family or of a near relative, both as defined in Section 1154 of the Public School Code of 1949, as amended; B. days when the student was absent due to the student's compliance with a court subpoena; C. days when the student was confined by quarantine; D. days when the student attended a religious activity/function which the church requires its members to attend; E. days when the student has an excused absence of five (5) or more school days due to the same confining illness or injury. If the establishment of any requirement necessary for the District Committee to exercise its discretion to grant a waiver of five (5) or more excused absences results from illegal conduct on the part of the student, other than absences during which the student, without there having been a criminal conviction or an adjudication of delinquency, is admitted to a substance abuse treatment facility, the District Committee may not grant the waiver. Attendance at summer school does not count toward the forty-five (45) school days required. Absence from school for an entire semester, or for several semesters, disqualifies a student for the same period as stated in this Section. INTERPRETATIONS Section 3. April 14, 1984. Pregnancy shall be treated as an illness if a physician certifies, in writing, that the student was unable to attend school as a result of pregnancy. Section 3. March 20, 1970. When computing total days absent during a semester, days absent during a period of suspension count as part of the twenty day absence total in a given semester. Section 3. January 22, 2014. Students serving an in -school suspension are not counted as days of absence. 14 Section 4. Combination of Students Enrolled in Grades 7- 8-9. Students enrolled in grades 7-8-9, within the same public school district, may be combined to form one or more Teams within the public school district. Section 5. Alternative School Students, Magnet School Students, and Technology School Students. Alternative School students, Magnet School students, and Technology School students are eligible at only one school for all interscholastic athletics. A student attending an Alternative School, a Magnet School, or a Technology School on a full-time basis is eligible only at said school if said school offers one or more interscholastic athletic programs. A part-time Alternative School student attending a full-time Alternative School, a part- time Magnet School student attending a full-time Magnet School, and a part-time Technology School student attending a full-time Technology School is eligible only at the school which the student would otherwise attend by virtue of the student's residence. All students attending Alternative Schools, Magnet Schools, or Technology Schools, which do not offer any interscholastic athletic programs, are eligible to participate in interscholastic athletics at the schools that the students would otherwise attend by virtue of their residences. Section 6. Charter School and Cyber Charter School Students. Students enrolled in a Charter School or Cyber Charter School are eligible only at said school in those interscholastic sports sponsored by that school. Students enrolled in a Charter School or Cyber Charter School that does not offer a particular interscholastic sport are eligible to participate in that sport at the school which they would otherwise attend, in the public school district of their residences, provided that the students meet all other eligibility requirements, including, but not limited to, school verified evidence of full-time attendance. INTERPRETATION Section 6. March 23, 2007 Where a student is enrolled at a Charter School, and where the public school district in which the student resides has no senior high school, the school at which the student is in full time attendance shall be considered the public school district of residence of the student. Section 7. Multi -Public Arrangements. Where students are enrolled in a public school in the public school district of their residence but, pursuant to an agreement between public school districts, attend some or all classes at a public school in another public school district, the students retain eligibility for interscholastic athletics solely at the public school in which they are enrolled in their home public school district. Section 8. Privately -Tutored and/or Home -Schooled Students. Students instructed by a properly qualified private tutor under Section 1327 of the Public School Code of 1949 and/or students participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible at the public schools that the students would otherwise attend by virtue of their residences and, for purposes of Cooperative Sponsorship of a Sport agreements, are deemed to be enrolled at the public schools that the students would otherwise attend by virtue of their residences. Section 9. Students Placed by Court Order or as a Result of Disability. A student who has been (1) enrolled at a school that has no interscholastic athletic program in the sport(s) in which the student desires to participate, and (2) placed in that school either by court order or because the student is a Student With A Disability whose Individual Education Plan (IEP) has concluded School District Academic 2013-2014 CONSTITUTION that the student's educational needs could not be accommodated in the public school that the student would otherwise have attended, may be declared eIigibIe by the District Committee for such sport(s) at either (1) a school in the public school district in which the school the student attends is geographically located or (2) at a school in the students home public school district. The determination of eligibility shall be made by the District Committee upon its receipt of a written statement from the Principal of the school at which the student desires to participate that said school will permit the student to participate on its interscholastic athletic Team(s) in such sport(s) and the determination by the District Committee that the student has not been recruited. Appointment of a legal guardian for the atudent, or court approval of an agreement between separating or divorcing pavonto, does not by itself constitute placement in a school by court order. When the District Committee has declared a student eligible at a school, the District Committee may not declare that student eligible at another school at which the student could have been declared eligible unless, in addition to the other requirements of this provision, it receives a written statement from the Principal of the school at which the student has been declared eligible that said school will no longer permit that student to participate or compete for a position on any of its interscholastic athletic Teams. Section 10. Public School Districts With More Than One School at a Particular Level. Where the rules orpolicies ofo public school district having more than one school at a particular level do not provide for attendance at that level by place of residence, the student, with the permission of the Principo|, shall select the school in that public school district which the student wifl attend, which is the only school at which the student will be eligible. Aoubsequant change of selection will be considered a Transfer andtherefore, subject to ARTICLE VI of these By -Laws. Section 11. Cooperative Sponsorship of a Sport. A. Philosophy. The philosophy that guides the PIAA Board of Directors in reviewing and approving applications for Cooperative Sponsorship of a Sport between two or more PIAA member schools is as foliows: 1. The Board supports opportunities for greater student participation. 2. The Board encourages projects that combine smaller PIAA member schools for sponsorship of an activity rather than a small PIAA member school combining with a larger PIAA member school when the smaller PIAA member school cannot support the activity alone. 3. The Board will not approve agreements where an intent of the agreement is to improve the quality of a Team (i.e,, obtain a better win/Ioss record). 4. The Board will not approve agreements whereby: (a) any students enrolled at any of the PIAA member schools entering into the agreement would be prohibited from participation in the sports governed by the agreement because of the location of their residence; (b) one of the PIAA member schools is a public school and the agreement would bar any Home - Schooled Students who are otherwise eligible at that ume8uhooledStudentawhoareo\horwioee|igib|eetMhat school from participating on the Team(s) covered by the agreement; and/or (c) more than one school to the agreement is to host the same sport. 5. The Board will neither consider nor approve agreements with non-PIAA member schools. 6. The public school districts of the participating PIAA member schools must be contiguous and/or overlap. B. Provisions Applicable to all Agreements. 1. School Enrollments: (a) For cooperative sponsorship of a boys' upurt, the male onro||mont, as of the date as of which schools report their enrollments to the Pennsylvariia Department of Education (PDE) of each odd -numbered year, in each of the schools but one in grades nine through eleven must be 300 students or less. For cooperative sponsorship of a girls' sport, the female enm||ment, as of the date as of which schools report their enrollments to PDE of each odd -numbered year, in each of the schools but one in grades nine through eleveri rnust be 300 students or less. (b) The combined male enmUmont, as of the date as of which schools report their enrollments to PDE of each odd -numbered year, of (1) all male students enrolled in the school with the highest male enrollment of those schools involved in the cooperative sponsorship of a boyo' sport and (2) 50Y6 of all male students enrolled in other schools participating in the cooperative sponsorship of the boyo' sport, will determine the classification of the Team in that sport. The combined female enroUment, as of the date as of which schools report their enrollments to PDE of each odd -numbered year, of (1) all female students enrolled in the school with the highest female enrollmerit of those schools involved in the cooperative sponsorship of a giris' sport and (2) 50% of alt female students enrolled in other schools participating in the cooperative sponsorship of the girls' sport, will determine the classification of the Team in that sport. 2. Requests to Approve Agreements: (a) Requests to approve Cooperative Sponsorship of a Sport agreements must be submitted by the requesting PIAA member schools to the applicable PIM District Committee. Following consideration, the PIAA District Committee shall forward the requonu, together with its recommendation, to the PIAA Board of Directors for its consideration (b) For agreements between public schools within a single public school district, said requests for approval must include the approving resolution of the School Board having jurisdiction over the PIAA member schools. For all other PIAA member schools, said requests for approval must include the proposed agreement between the participating PIAA member schools. The resolution or ageament, as opp|ivab|e, must fully delineate the terms and conditions that pertain to the Cooperative Sponsorship of a Sport by the participating PIAA member schools, including at least the following: (1) Introduction and purpose ofagreement. (2) Timeline for implemeritation. (3) Duration of agreement (must be for at least a two-year rollment classification cycle). (4) Administrative responsibility, |iabi|hy, and insurance. (5) Team name and uniforms, (6) Financial arrangements. (7) Staffing. (8) Operating procedures. (9) Facilities. (10) Transportation. 15 BY-LAWS 2013-2014 (c) Requests for approval of Cooperative Sponsorship of a Sport agreements, which would not affect the classification size of a Team, may be submitted at any time to the applicable PIAA District Committee. (d) Requests for approval of Cooperative Sponsorship of a Sport agreements, which would affect the classification size of a Team, must be submitted on or before September 15th of any odd -numbered year to the applicable PIAA District Committee for its recommendation to the PIAA Board of Directors for that proposed agreement to be considered for approval for the immediately following two-year reclassification cycle. (e) Requests for approval of Cooperative Sponsorship of a Sport ogruomen1e, which would affect the classification size of a Team, must be submitted by the applicable PIAA District Committee to the PIAA Board of Directors by October 1", of any odd -numbered year to be considered for approval for the immediately foliowing two-year reclassification cycle. (f) Decisions by the PIAA Board of Directors on all applications for approval of Cooperative Sponsorship of a Sport agnaemen\o, which would affect the classification size of a Team, will be made no later than its December meeting of any odd -numbered year for the next reclassification cycle 3. Modification or Termination of Agreements: (a) Procedure and Timing of Requests. (1) Requests to modify or terminate a previously approved Cooperative Sponsorship of a Sport agreement must be submitted by the requesting PIAA member school to the applicable PIM District Committee. Following consideration, the PIAA District Committee shall forward the request, together with its nacummendadon, to the PIAA Board of Directors for its consideration. The request must include a resolution of the School Board(s) and/or Board(s) having jurisdiction over the PIM member schools approving such modification or termination. (2) Such requests for modification or vnmninaUon, which would not affect the classification size of a Team, may be submitted at any time to the applicable PIM District. (3) Such requests for modification or hsnninadon, which would affect the classification size of a Team, must be submitted on or before September 15'^of any odd -numbered year to the applicable PIAA District Committee for its recommendation to the PIAA Board of Directors to be considered for the immediately following two- year reclassification cycle. (4) Such requests for modification or termination, which would affect the classification size of a Team, must be submitted by the applicable PIAA District Committee to the PIAA Board of Directors by October 1st of any odd - numbered year to be considered for the immediately following two-year reclassification cycle. (5) Decisions by the PIAA Board of Directors on requests for modification or termination, which would affect the classification size of a Team, will be made no later than its December meeting of any odd -numbered year for the next reclassification cycle. 16 (6) Requests to modify or terminate the agreement must be initiated by all of the schoots if the agreement has been in place for four years or less. Thereafter, any school to the agreement may submit a request to modify or terminate the agreement, the applicable provisions set forth in subsection B3. (b) Grounds for Termination. (1) Agreements are for at least a two-year enrollment classification cycle. (2) Agreements may be terminated by the PIAA Board of Directors prior to the expiration of a two-year enrollment classification cycle under the following conditions: (a) Closing of one of the schoos; (b) Substantiated complaints from surrounding schools concerning recruiting by one of the participating PIAA member schools; (c) Substantiated complaints from parents, School Boanda, and/or students in one of the participating PIAA member schools; and/or (d) Other valid reasons as determined by the PIAA Board of Directors. (3) Agreements may be terminated by the PIM Board of Dirodore, after a two-year enrollment classification oyc|e, upon request by all parties to the Agreement and the request is absent good cause for not doing so. (4) Agreements may be terminated by the PIAA Board of Dinectorn, after two, two-year enrollment classification cycles, upon request by any participant in the Agreement and the request is absent good cause for not doing so. C. Effect of Termination of Cooperative Sponsorship of a Sport Agreement. Any student whose own school does not sponsor a particular sport and who was a member of a Team during the season that a Cooperative Sponsorship of a Sport Agreement was in place may, upon termination of such agmement, and with the consent of the Principals of the schools to the ageement, continue to participate on such Team as if said agreement remains iri effect, Such student, however, is not eligible to participate on the other school's Team if the student's own school then sponsors a Team in that sport. As it is intended that this provision only permit a phase- out of a Cooperative Sponsorship of a Sport Agreement without negative impact on those students who actually participated under the agreement when it was in p|ane, and not to allow additional portioipodon, should this provision be deemed by any court to be violative of the rights of another student by denying that student the opportunity to participate on a Team sponsored by another school, this provision shall be stricken in its entirety and, upon termination of any Cooperative Sponsorship of a Sport Ayreament, the students shall thereafter be permitted to participate in interscholastic athletics as if no Cooperative Sponsorship of a Sport Agreement had ever existed. ARTICLE IV CONSENT OF PARENT OR GUARDIAN Section 1. Consent of Parent or Guardian Necessary Before Student Begins Practice. Except as otherwise provided in this ARTICLE, a student is eligible to participate in Practices, Inter -School Practices, Gcrimmagao, and/or Contests in each sport only when there is on file with the student's Principal, or the Principal's designee, a 2013-20* CONSTITUTION guardian. The only valid certificate of consent is the PIAA Parent's/Guardian's Certificate. Section 2. Emancipated Students. A student who is determined by the student's school to be emancpated is eligible to participate in Practices, Inter -School Practices, Schmmagen, and/or Contests in each sport only when there is on file with the student's Principal the students certiflcation that (1) the studerit is familiar with the requirements of PIAA concerning the eligibility of students of PIAA member schools to participate in Inter -School Practices or Scrimmages and Contests involving PIAA member schools, including but not limited to requirements relating to age, amateur etetus, school attendance, heo|th. Transfer from one school to another, seasons and out -of -season rules and negu|ationx, semesters of mttendanua, seasons of sports participoUon, and academic performance; (2) the student has been informed by the Principal Athletic Director, or the Coach concerning PIAA's Season and Out -of -Season Rules and Regulations as they apply to the involved sport; (3) the student consents to the release to PIAA of any portion of school record files of the otudont, beginning with the seventh grade, necessary to enable PIAA to determine whether the student is eligible to participate in interscholastic athletics involving PIAA member schools, specifically including, without limiting the generality of the foregoing, birth and age reuon1n, name and residence address of the student, academic work completed, grades eoeived, and attendance data, and (4) the student consents to an emergency medical care provider to administer any emergency medical care deemed advisable to the welfare of the student while the student is practicing for or participating in Inter -School Practices or Scrimmages and Contests. ARTICLE V HEALTH Preamble Participation in interscholastic athletic competition is intended to develop and strengthen the body and character of the participant. Participation can also be, and often is expected to be, demanding and stressful. Participation in contact sports may further provide heightened exposure of the athlete to communicable diseases, illnesses, and/or injuries. While injuries are an iriherent nsk of any physical activity, and the avoidance of all illnesses not mo|iodc. PIAA believes that the risk of such injuries and illnesses can be minimized through proper Coanhing, tnaming, and supervision, PIAA further believes that all students should have a thorough pre -participation physical eva|uahon, by an Authorized Medical Examinor, to ensure that there are present no obvious illnesses and/or injuriao, which would place the student or others of enhanced risk or injury through the student's participation in interscholastic athletics. Finally, PIAA believes that a review and re -certification of some students is necessary prior to their participation in their next sport season. Section 1. Comprehensive Initial Pre -Participation Physical Evaluation. No student is eligible to participate in Practices, Inter -School Practices, Scrimmages and/or Contests unless the student has completed a comprehensive initial pre -participation physical evaluation ("CIPPE") performed by an Authorized Medical Examiner, and the Authorized Medical Examiner has completed the PIAA Comprehensive Initial Pre -Participation Physical Evaluation Form ('CIPPE Form"). Section 2. Certification. By signing the PIAA CIPPE Form, the Authorized Medical Examiner certifies that the student is physically fit to commence Practice and participate in Inter -School Practices, Scrimmages and/or Contests in the sport(s) approved by the student's parent. In certifying whether a student is physically fit to participate in Practices, Inter -School Practices, Scrimmages and Contests in a particular sport(s), the Authorized Medical Examiner (a) is expected to have or, if not already in possession of it, vbtain, a working understanding of the physical requirements of the sport(s) in which the student is to Practice and participate: (b) should review a health history of the student; and (c) should perforrn a CIPPE appropriate for the sport(s) for which certification is being sought. Section 3. Re -Certification. Any student who (1) previously participated in PIAA interscholastic athletic competition pursuant to a CIPPE; and (2) is seeking to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests in subsequent sport(s) in the same school year, must, not earlier than six weeks prior to the first Practice day of the next sports oeeaon, complete and turn in to that student's Principal the Re -Certification by Parent/Guardian part of the CIPPE Form. The Principal, or Principal's deoignee, of that student's school must review the Supplemental Health History of that student and. if any Supplemental Health History questions are either checked yes or circled, shall require that student to submit a completed Section 8, Re -Certification by Licensed Physician of Medicine or Osteopathic Medicine, to the Principal, or Principal's designee of that student's school prior to that student's additional participation in interscholastic athletics. Section 4. Timing. The CIPPE may not be authorized earlier than June 1* and is effective, regardless of when performed during a school year, until the next May 31st, INTERPRETATION December 29, 1959as amended May 26 and July 22, 1982; July 22, 1983; July 19, 1996; April 6 and October 5, 3002; July 27, 2806and July 25, 2008. The minimum wrestling weight at which a student may wrestle must be certified to by an Authorized Medical Examiner no earlier than six weeks prior to the first Regular Season Contest day in that sport. The minimum wrestling weight is to be recorded on the CIPPE Minimum Wrestling Weight form, which is placed on file with the student's Principal, or the Principal's designee. ARTICLE VI TRANSFERS, RESIDENCE, AND RECRUITING Preamble The purpose of this ARTICLE is to deter Transfers and/or recruiting which are materially motivated in some way by an athletic purpose PIAA and its member schools believe that interscholastic athletics has a valuable role in the overall development of students and is a useful character building tool. PIAA and its member schools believe further that, despite increasing societal pressures to elevate the role of competitive athletics in society and in the educational pmooso, athletics should remain subservient to academics. Students who make decisions onto what school to attend based upon factors relating to athletics defeat this objective. Further, such decisions are detrimental to efforts to maintain competitive integrity and equi\y, to prevent athletic recruiting, and to instill school loyalty. PIAA recognizes the difficulty in preventing Transfers which are materially motivated in some way by an athletic purpose. Experience has shown that students can often disguise athletically motivated Transfers and, in almost every situation, show at least some legitimate purposes for such Transfers. PIAA further recognizes that Regional Panels and District Comminaeo, without subpoena powers or investigatory stoffs, may not be able to consistently and effectively police athletically motivated Transfers. Further, efforts to measure how much of a 17 BY-LAWS 2013-2014 factor athletics must play in a decision before it is considered improper is, while possible, also extremely difficult. In light of the above stated important educational and organizational nbjoctiveo, and the challenges presented in attempting to prevent athletically motivated Transfers, PIAA has adopted an aph that is intended to strongly discourage and deter students from transferring for athletic purposes. The Board of Directors recognizes that this approach may, on ocoaoion, result in a presumption of ineligibuity for students who may not have actually considered athletics as a factor in tnonohaning, and may conversely not catch all students who actually considered athletics as a factor. CunuequenUy, the following ARTICLE includes a provision which provides the Regional Panels and District Cummitteeo, within their respective jurisdictions, with the power, under appropriate circumstances, to change eligibility status to meet the objectives of this ARTICLE. Section 1. Definition mfTransfer. A Transfer occurs in any situation in which a student seeks ehgibility to participate in interscholastic athieties at a school other than the one at which the student was either enrolled or otherwise eligible. A student who either enrofls at or otherwise seeks eligibility to participate in interscholastic athletics at a PIM member uchoo|, other than the one at which the student was either enrolled or otherwise eligible, between the end of a school year and the first Practice day of fall sports for the next school year, as established under ARTICLE XVI, SEASON AND OUT -OF - SEASON RULES AND REGULATIONS, of the PIM By-Laws, UT-OF'SEAGONRULE8ANDREGULAT/ONS.nftheP|AABy'Laws. but who neither Practices with nor attends that member school, shall, unless a request for determination of eligibility relating to that U has first bee|ed upon by i District Committee, within their respective jurisdictions, be deemed for purposes of this ARTICLE VI not to have transferred to that member school. Section 2. Presumptive Eligibility. Subject to Section 4C of this ARTICLE, a transferring student is presumed to be eligible if the student meets one of the following provisions: A. Natural Break Transfer. Promotion from a junior high/middle school to a senior high school is considered a Transfer between schools. A utudant, who has made a Natural Break Transfer and who has not previously participated on a different senior high school Team in any sport, is presumptively eligible immediately for interscholastic athletics. B. Administrative Transfer. For odminieLmdve, non -disciplinary punposoe. the student has been transferred by executive action initiated by school administrative personnel to a PIAA member school within the same public school district or, if previously enrolled at a Catholic school, within the same Archdiocese or Diocese. An expulsion does not constitute an administrative Transfer under this subsection. C. Change of Residence of Parent(s). The student (1) has moved with and resides with the student's natural or, if legally adopoed, the student's adoptive panonm, or with either parent and (2) has transferred to a PIAA member school in the public school district in which the student now resides, or to a Private School, Upon the separation of the student's natural or adoptive parents, the student has accompanied the parent departing from the family residence and resides with the departint in the public school district in which that parent establishes residence; and the student has transferred to a PIAA member school in the public school district in which the student now resides, or to a Private School. 18 A student whosnatural or adoptive parenare separated, and who has more than one Transfer from a public schooi district where one parent resides to a public school district where the other parent moidea, shall have the student's eligibility determined under Section 4 herein. D. Change of Residence of Legal Guardian(s). The student (1) has moved with and resides' with legal guardian(s), appointed by order of a Court of Common Pleas; (2) has transferred to a PIAA member school in the public school district in which the student now resides, or to a Private School; and (3) the student's eligibility is approved by the Regional Panel or District Committee, within their respective jurisdictions. If the appointment of a legal guardian is pnnding. the student will be eligible when such eligibility is approved by the Regional Panel or District Committee. E. Change of Residence of Foster Parent(s). The student (1) has moved with and resides with foster ponontu, with the approval of the local child welfare organization; and (2) has transferred to a PIM member school in the public school district in which the student now resides, or to a Private School. P. School Closing. The school where the student has attended is abolished. G. Boarding School Student. The student has enrolled at, and resides in housing provided by and on the campus owned by, a Private School. NOTE: This relates only to Transfers. Students who are placed by court order or as a result of disability must still meet the appIicabe requirements of ARTICLE 111, ATTENDANCE, Section 1, Where Enrolled for Attendance, and Section Q. Students Placed by Court Order or as a Result of Disability, ofthe PIM By -Laws. H. Transfer From Court Assigned School. Upon transferring from a school at which a student was placed pursuant to a court order, said student is presumptively eligible at (1) a public school in the district of residence of the student where the student would have otherwise attended but for the judicial assignment and, if different, (2) the school at which the student attended prior to placement pursuant to court order. If the student transfers to any other school, the student is presumptively ineligible in all sports played within one year prior to transfer. Notwithstanding the provisions of Section 4 of this ARTICLE, said period of ineligibility will be Iifted only if the student demonstrates by clear and convincing evidence that the decision to enroll at such school was riot motivated by a desire to play for or with a particular student, school, Coach or Team Section 3. Ineligible Students. A student not presumptively eligible under Section 2 of this ARTICLE is presumptively ineligible to participate in each sport in which the student participated within orie year immediately preceding the date of the student's Transfer. The student is presumptively eligible in aPI other sports. Section 4. Regional Panel or District Committee Review. A. Certification of Principals. Notwithstanding Section 3 of this ARTICLE, a Regional Panel or District Committee, within their respective jurisdictions, may grant eligibility where the Principal of the PIAA member school at which the student enrolls submits to the Regional Panel or District Committee a completed and properly executed PIM Athletic Transfer Waiver Request Form, which includes: 1. A certification from the Principal of the PIAA member school to which the student transferred that (a) that school's Principal has interviewed the transferring student and the Director of Athletics for that Principal's school; (b) none of the twelve illustrations set forth in Section 4D or the thirteen illustrations set forth in Section 7B of this ARTICLE are applicable; (c) the information from the PIAA member school to which the student tranuferred, as set forth on the 2013-201* CONSTITUTION PIM Athletic Transfer Waiver Request form, is true and correct; and (d) upon completion of the investigation, the PIAA member school's Principal believes that the Transfer was not materially motivated in some way by an athletic purpose. 2. A certification from the Principal of the school from which the student transferred that (a) that school's Principal has interviewed the Director of Athletics for that Principal's school and, if possible, the transferring student; (b) none of the twelve illustrations set forth in Section 4E or the thirteen illustrations set forth in Section 88 of this ARTICLE are applicable; (c) the information from the school from which the student tnanafernod, as set forth on the P|AA Athletic Transfer Waivor Request form, is true and correct; and (d) upon completion of the investigation, the school's Principal believes that the Transfer was not materially motivated in some way by an athletic purpose. B. Waiver of Ineligibility. 1. General Waiver. A student who is not otherwise eligible under Section 2 of this ARTICLE may, through the Principal of the school at which the student seeks eligibility, request that the Regional Panel or District Commi#aa, within their respective jurisdictions, waive the period of ineligibility in all sports. Said waiver may not be granted if the Regional Pariel or District Committee finds that there exists a reasonable likelihood that the Transfer was materially motivated in some way by an athletic purpose relating to all sports or if such determination would otherwise circumvent the purpose of this ARTICLE of deterring Transfers which are materiaHy motivated in some way by an athletic purpose. If granted, eligibility is effective as of the date of Transfer. 2. Partial Waiver. A student who is not otherwise presumptively eligible under Section 2 of this ARTICLE may, through the Principal of the school at which the student seeks e|igibi|ity, also request that the Regional Panel or District Commdtee, within their respective jurisdictions, waive the period of ineligibility in those specific sports where the Transfer was not materially motivated in some way by an athletic purpose. Said waiver may not be granted if the Regional Panel or District Commfttee finds that there exists a reasonabte likelihood that the Transfer was materially motivated in some way by an athletic purpose relating to those sports or if such determination would otherwise circumvent the purpose of this ARTICLE of deterring, Transfers which are materially motivated in some way by an athletic purpose. If granted, eligibility is effective as of the date of Transfer, C. Review and Rescission of Presumptive Eligibility. Notwithstanding Sections 2 and 3 of this ARTICLE, a Regional Panel or District Committee, within their respective jurisdictions, may, following a student's Transfer and upon request of the Principal of a PIAA member school, or on its own inidodwe, after giving notice to the students school and an opportunity to be heard to the student and the students school, (1) declare any transfernng student ineligible to participate in each sport in which that student participated within a period of one year immediately preceding the date of Transfer, if the Committee finds that there exists a reasonable likelihood that the Transfer was materially motivated in some way by an athletic purpose or would otherwise circumvent the purpose of the ARTICLE of deterring Transfers which are materially motivated in some way by an athletic purpose; and/or (2) if a finding is specifically made that there exists a reasonable likelihood that the Transfer was materially motivated in some way by ari athletic purpose relating to specific sports, declare that the student is ineligible to participate in those sports for one year from the date of Transfer, regardless of whether the student actually participated in those sports for the year preceding the date of Transfer. D. Subsequent TransferA student who Transfers again during the one-year period of ineligibility remains ineligible, in the applicable sports, until the conclusion of that year. E. Transfers which are motivated in some material way by an athletic purpose are those Transfers which would not have occurred but for a desire of the student or the student's family (1) to gain additional playing time; (2) to play for a particular school, Coach, or Team; (3) to avoid either playing for, or athletic sanctions imposed by, a particular ouhoo|. Coach, or Team; and/or (4) to gain increased media or college exposure. The following is an iUuo1nadve, but not exhaustive, list of situations which may indicate athletic purpose: 1. The studant, or a parent or guardian, or an adult with whom the student nsedee, is dissatisfied with the student's position or the amount of playing time which the student receives. 2. The student, or a parent or guardian, or an adult with whom the student resides, has a problem with a Coach or school athletic administration at either a personal or professional level. 3. The student, or a parent or guardian, or an adult with whom the student resides, seeks relief from conflict with the philosophy or action of an administrator or teacher relating to sports, 4. The student, or a parent or guardian, or an adult with whom the student resides, seeks to avoid or nullify the effect of actions or anticipated actions by the previous school relating to sports eligibility. 5. Except as provided for under Section 5 of this ART|CLE, there is no Team in the particular sport at the school from which the student has transferred. O. The student foClows the student's Coach or other student -athletes to another school to which the Coach or athietes have transferred or seeks to play for a particular Coach or with a particular athlete due to a prior relationship with the Coach or athlete (such as through club or AAU participation) or because of the reputation of the Coach. 7. The otudwnt, or a parent or guardian, or an adult with whom the student resides, desires that the student play ori a Iess successful, smaller enrollment classification and/or lower profile Team in order to be ranked higher among the students on that Team 8. The otudont, or a parent or guardianor an adult with whom the student resides, desires that the student play on a more successful, larger enrollment classification and/or higher profile Team to gain a higher level of competition and/or more exposure to college scouts. 9. The student moves with one paoent, one guardian, or one or more siblings, into a residence iri the new public school district, especially where the student and/or the ponynt, guondian, or sibling returns to the family home in the evening and/or on weekends. 10. The student, or a parent or guardian, or an adult with whom the student resides, seeks out Athletic Persorinel arid/or student-athietes at the transferee school. 11. The student Transfers in the middle of a marking period andlor immediately before or after a sports season. 12. The student transfers immediately after being cut from a Team in a particular sport. NOTE: A student who Transfers because of alleged bu||ying, harassment or other misconduct by (1) Coaches and/or other members of a sports Team and/or (2) if related to the student's participation in interscholastic atmedco, by other atudenta, is nevertheless considered to have transferred in some material way for an athletic purpose unless the student demonstrates that (1) the alleged misconduct is corroborated by evidence and/or testimony from persons unrelated to the student and/or the 19 BY-LAWS 2013-201* student's family; (2) the student timely sought assistance of appropriate school personnel to address such misconduct; and (3) the District Committee finds that such misconduct produced severe and unusual conditions which would have prevented a reasonable student under similar circumstances from receiving an appropriate education at the school. Section 5. Transfers Following Expulsion or Anticipated Expulsion. A student who is expelled from a school, or who withdraws pending likely expu|uion, for conduct whiuh, had the student been allowed to remain at the sending school, would likely have resulted in Ioss of the opportunity to participate in interscholastic athletics at that school is ineigibIe to participate in interscholastic athletics at the receiving school for a period of one year from the date of transfer or, if the student demonstrates by compelling evidence that the period of ineligibility at the sending school would have been |ems, for the demonstrated period of ineligibility at the seriding school, Section G. Termination of Team(s) for Budgetary Reasons. Notwithstanding any other provision under this ARTICLE, a student enrolled at, or who would have otherwise been promoted to, a PIAA member school which ueaoao, primarily for budgetary reasons, to sponsor one or more of its Teams (the "Terminating School°) may Transfer to, and be eligible to participate in interscholastic athletics at, another PIAA member school (the "Receiving School") under the following conditions: a. Within one year immediately preceding the date of Tnonsfer, the student must have been a member of the Team which was subsequently terminated primarily for budgetary reasons, by the Terminating School or, if being promoted, was a member of a Feeder School's Team in that sport; b. The student, because of the termination of the Team primarily for budgetary naouuno. Transfers to a public school or Private School Iocated within the public school district of the students residence or to such a school located in a contiguous public school district; c. The student must submit to the District Committee of the student's residence a properly executed PIAA Member School Athletic Transfer Waiver Request Form specifying that the reason for the Transfer is the termination of the Team, primarily for budgetary reasons, by the Terminating Schoo|, accompanied by rtifioation by the Terminating School's Principal confirming that (1) the Team was terminated; (2) the Team was terminated primarily for budgetary reasons; and (3) the student participated within one year immediately preceding the date of the student's Transfer on the terminated Team at the Terminating School or on one of its Feeder School Team's in that sport; d. Upon receipt of the applicable Form and oertifinmduno, the District Committee shall provide confirmation 10 the student and the Receiving School's Principal that the student is eligible at the Receiving School in the sport which had been terminated primarily for budgetary reasons by the Terminating School; e. A student desiring to play any other sports at the Receiving School must so indicate such intention upon submission of the PIAA Member School Athletic Transfer VVaive, Request Form (a supplemental Form may be submitted later if the student does not know at the time of the initial submission whether the student will participate in additional sports at the Receiving School). The applicable Distnct Committee may coriduct an inquiry as to whether the student's Transfer was materially motivated in some way by an athletic purpose relating to that sport and, if it so finds, may declare the student ineligible to participate in sports other than the terminated sport for a period of one year 20 immediately following the date of the student's Transfer. The student may, however, re -enroll at the Terminating School and remain eligible to participate in all sports at that school. Upon such re - enrollment, the student is not later entitled to eligibility under this Section should the student again Transfer for the same terminated sport. f. Should the Temiinating School reinstate the terminated sport in a future year, a student who has transferred is permitted to Transfer back to the Terminating School and shall, without further action, is automaticalty eligible to participate in all sports at the Terminating School. Nothing in this Section shall be construed to require any PIAA member school to accept a student requesting to Transfer to that school, This Section is not applicable where the Terminating School has entered into a Cooperative Sponsorship of a Sport Agreement with any other PIAA member school to permit participation by students at the Terminating School in the terminated sport. Any PIAA member school, or affihiated personnel or persons, which in any way recruits students from a Terminating School is subject to the provisions of ARTICLE VI, TRANSFERG, RESIDENCE, AND RECRU|T|NG, Section 7, Recruiting, of the PIM By -Laws. Section 7. Feeder Schools for Private Schools. Any member Private senior high School may submit to PIAA a list designating its Feeder Schools. Such submission is necessary for the schools to be recognized as Feeder Schools for a particular school. The list of designated Feeder Schools must be signed and submitted by the Principal and must be certified as correct (a) in the case of Catholic schools under either Archdiocesan or Diocesan juhodin1ion, by the Archdiocesan or Diocesan Superintendent of Schools, or (b) in the case of other member Private senior high Schoo|o, by the Superintendent or by the President of the Board having jurisdiction over the member Private senior high School. Upon any change in its Iist of Feeder Schools, that member Private senior high School must submit to PIAA a list of those chongao, signed and certified in the same manner as is required for the original identification of its Feeder Schools. Upon oubmieoion, for purposes of the PIAA Constitution and By -Laws, this list shall constitute the schools in the member Private senior high School's school district." Where a Catholic junior high/middle School under either Archdiocesan or Diocesan jurisdiction disagrees with its being designated as a Feeder School for a particular member Private senior high Schon|, or where such a school is designated as a Feeder School by multiple member Private senior high Schoo|s, the designation(s) by the Archdiocesan or Diocesan Superintendent of Schools shall control. If any other Private junior high/middle School disagrees with it being designated as a Feeder School for a particular member Private senior high School, the Private junior high/middle School must so designate the member Private senior high School(s) for which it is a Feeder School and such designation shall control. For the purpose of providing for participation at a member Private senior high School of seventh and eighth grade students enrolled at Feeder Schools of that member Private senior high School, such Feeder Schools may collectively apply for membership as a single Private junior high/middle SchoolIn such instanoe. PIAA will recognize the Principal of that member Private senior high School as the Principal of the collective member Private junior high/middle School created for this purpose. 2013-20* CONSTITUTION Section 8. Recruiting. One of the purposes of this ARTICLE is to deter recruiting which is materially motivated in some way by an athletic purpose. Recruiting for athletic purposes is directly contrary to fundamental interests of PIAA and its member schools and any school engaged in such conduct should do so with the expectation that it will be treated harshly upon proof of such conduct. Recruiting which is materially motivated in some way by an athletic purpose is contrary to the fundamental objectives of (1) keeping athletics in their proper place and subordinate to academics; (2) protecting student-athietes from exploitation by adults and those having interests which might not be consistent with those of the student; and (3) maintaining competitive equity and a leve! playing field among PIAA member schools. Recruiting which is materially motivated in some way by an athletic purpose is defined as efforts by a ochnn|, or any of its omp|oyeeo, ogento, or representatives, to engage in, support, or condone conduct whereby a motivating factor is to seek out one or more athletes to attend a particular school; to promote a school's athletic program or personnel other than as part of the overall program at the school; ond/or, to provide preferential treatment or attention to prospective enrollees who are athietes. A. Upon a Regional Panel's or District Committee's, within their respective jurisdictions, receipt of: either (1) a signed complaint from the Principal of a PIAA member school, or (2) otherwise credible information that (a) a representative of a school's Athletic Perounno|, or any other person affiliated with the school, influenced, peryuaded, or attempted to influence or persuade one or more eiudenta, or one or more parents or guardians of such studonVs>, or an adult with whom the student(s) reside, to Transfer to, or otherwise obtain athletic eligibility at, that school for the purpose of participating in athletics at that school, or (b) the school, its Athletic Personnel and/or individuals affiliated with the school in other ways engaged in recrulting of students for an athletic purpose, the Regional Panel or District Committee must give notice to the school of such complaint or credible information and shall convene a hearing to consider whether any such individuals or the achou|, by itself or through its Athletic Personnel or other persons affihiated with the school, has engaged in recruiting of students for the purpose of participating in athletics. B. The following is an illustrative, but not exhaustive, list of situations which may indicate recruiting which is materially motivated in some way by ari athletic purpose: 1. Placing an advertisement in a newspaper or other literature directed toward prospective recruits touting the athletic successes of a school's Teams and/or students. NOTE: A comprehensive brochure or comparable piece of literature discussing all or most aspects of the uohon|, inc|uding, but not focusing on, the athletic pmgxom, will not be deemed to constitute recruiting for an athletic purpose. 2. Providing a student -athlete of another auhoo|, including a lower tevel school, ather than a Feeder School of that senior high anhnn|, with free transportation, 1icKats, or admissions to a Conteat, unless such free tnanoportadon, t|cketm, or admissions are made available to all otuUema, or to all students at the same uckoo|, or to all students in the same grade level at the same school. To promote interest in youth sports programs, member senior high schools may a!so provide free, or reduced -price, admission to Contests for all members of youth sports Teams, provided that public senior high schools make such offer only to Teams based within the geographic boundaries of their public school district and member Private senior high Schools make such offer only to Teams affiliated with that school's sponsoring entities or organization(s) or where at least 50% of the Team members attend a Feeder School for that member Private senior high School. 3. Using AAU or other amateur athletic Coaches to steer students to a particular school. 4. Offering, to an athiete, scholarships ar financial aid that is not avaitable to other students at the school. 5. Encouraging the parents or relatives of an athlete attending a oohuo|, other than a Feeder School of that senior high ouhoo|, to influence the student to enroll at that school to play sports there. O. Promising playing time or a position on a Team to a student. T. Meeting with athietes of a school, other than a Feeder School of that member senior high aohoo|, individually or as a group, to encourage them Uoenroll ato particular school. NOTE: This does not prohibit meeting with students who attend a school open house, which is open to alt potential enrollees of that school. This also does not prohibit school personnel from visiting non -Feeder Schools of that member senior high school and speaking with entire classeswhich may include athletes. The use of Athletic Personnel to engage in visits to non -Feeder Schools of a member senior high school is not prohibited but may be detannineU, following a hearing, to be recruiting for an athletic purpose if a focus of the appearance was on otb|adco, oth|etao, or promotion of the Athletic Personnel's role as a Coach or member or representative of the athletic department. 8. Providing transportation or other inducements to any prospective student -athlete to take a qualifying examination at a school or to meet with school offinia|m, unless such opportunities are provided to all students at a particular school or grade level, 9. Athletic Personnel of a member senior high school dinact|y, or through another paroon, encouraging a student or the parents of a student attending a uchoo|, other than a Feeder School of that member senior high school, to have the student enroll at the school of the Athletic Personnel. NOTE: This restriction does not prohibit school personnel from responding to purely student - or student family - initiated inquiries to the personnel about athtetic programs at the school. 10. Providing any item with schoo! advertisement (such as shirts, pennonto, caps, jackets, etc.) unless such offer is made to all students of a particutar school or class. 11. Athletic Personnel of a member senior high school attending a lower level school Contest and, immediately befom, during, or after the Contest, speaking to or with the players from one or both Teams. The Athletic Personnel are, hovwavor, permitted to speak to or with players from a Feeder School of the Athletic Personnel's school. NOTE: This restriction does not prohibit Athtetic Personnel from simply attending and observing any Contest nor does it prohibit Athtetic Personnel from having contact with students on a Team, if the Athletic Personnel's son(s) and/or daughter(s) is (are) on that Team. 12. Participation by a student in non -school athletics (i.e. AAU, American Legion, club settings, etc.) on a Team that is affiliated with any school other than the school which the student attends, or attended the prior year, followed by a Transfer by that student to the affiliated school. A Team affiliated with a school is one that is organized by and/or coached by any member of the Coaching staff at, or any other person affihiated with, that school; and/or on which the majority of the members of the Team (participants in Practice and/or competition) are students who attend that school. 21 BY-LAWS 2013-2014 13. Organizing, leoding, or participating in a sports camp or clinic or speaking atm sports banquet or function are not, by themselves, considered to be recruiting for an athletic purpose. Howevor, if the Athletic Personnel involved in the camp, dinio, or speech use the opportunity to promote their own uchou|, such effort may be deemed to constitute recruiting for an athletic purpose. C. If the Regional Panel or District Commi#eo, within their respective jurisdictions, finds that the aohou|, a representative of the school's Athletic Penaonne|, or any other pemon, affiliated with the ochuo|, approached a a1udent, oro parent or guardian of that student, or an adult with whom that student neoidao, and attempted to influence and/or influenced that student to Transfer to that school for the purpose of participating in athletics at that aohou|, or otherwise engaged in recruiting which is materially motivated in some way by an athletic purpone, the offending school will be subject to any of the penalties described in ARTICLE XIII, PENALTIES, of the PIAA By -Laws. D. Any person determined to have engaged in recruiting which is materially motivated in some way by an athletic purpose shall be disqualified from Coaching any athletic Teams of PIAA members for a period of at least one year. INTERPRETATIONS December 13.2O1%. A student who is determined to be eligible by a District Committee or Regional Panel under Section 4 of this ARTICLE retains eligibility unless and until such decision is reversed by the Board of Directors. Any Contests participated in by the student prior to reversal are not subject to forfeiture for use of an ineligible participant. December 17, 2010. For purposes of this ART|CLE, participation in a sport is deemed to include seasons of participation by both genders in that sport. A student participating in girls' soccer, for example, is deemed to have also participated in boyo' soccer for that school year. The following sports are subject to this Interpretation: baoketba||, bow|ing, cross country, golf, |mcmooe, rifle, 000cer, swimming and diving, hannia, track and field (indoor and outdoor), volleyball, and water p010. January 29, 2010. A student who remains in the student's present school after the student, the student's parent(s), legal guandian(n), or foster parent(s), as applicable, has changed residence to another public school district, retains eligibility at that school until such time as the student seeks eligibility to participate in interscholastic athletics at another school. October 22.19$0;msamended January 31.2OO4 A student, who upon release from a correctional institution to which the student was assigned by the unurt, returns to the school of the student's home public school district, is eligible immediately. December 2, 1983. A student who Transfers to and attends a school upon the affidavit of a resident of the public school district is subject to ARTICLE VI to the same extent as any other student. Section 1. December 28, 1966; as amended July 25, 2008. A student enrolled on a full-time basis in a high schoolwho takes college courses on a part-time basis, is not considered to have transferred because of taking the college courses. Section 1. April 1, 1950; as amended January 31, 2004. A student who takes summer school courses is not considered to have transferred. 22 ARTICLE VII FOREtGN EXCHANGE STUDENTS, INTERNATIONAL STUDENTS, AND FOREIGN STUDENTS Section 1. Foreign Exchange Student. A Foreign Exchange Student is a student who: 1. is in the United States (US) on a US Department of State -issued J-1 visa; . 2. is a participant in a program that has been recognized by the US Department of State, and has been accepted for listing by the Council on Standards for International Educational Travel (CS|ET); 3. is assigned to a host family by a method that ensures that no student, or the students parents, school, or other interested party materially influen�s that assignment in some way for an athletic purpose; 4. is not selected or placed on any basis relating to the student's athletic abilities or interests; 5. does not reside with any member of the school's paid or voluntaCoaching staff, who Coaches a sport or sports in which the student will participate; 6. meets the requirements of ARTICLE | (the Age Rule), ARTICLE || (the Amateur Rule), and ARTICLE V (the Comprehensive Initial Pre -Participation Physical Evaluation ECIPPEI Rule) of the PIAA By -Laws; and 7. is in full-time attendance at a PIAA member school, INTERPRETATION Section 1. October 4, 2003. A US Department of State -issued Certificate of Eligibility for Exchange Visitor (J-1) Status (DS -2019) is deemed to be the equivalent of a J-1 visa for Canadian nationals. Section 2. International Student. An International Studenioastudent who: 1. is in the United States (US) on a US Immigration and Naturalization Service -issued F-1 visa; 2. enters the US for reasons that are not materially motivated in some way by an athletic purpose; 3. does not reside with any member of the school's paid or voluntary Coaching staff, who Coaches a sport or sports in which the student will participate; 4. meets the requirements of ARTICLE | (the Age Rule), ARTICLE 11 (the Amateur Rule), and ARTICLE V (the Comprehensive Initial Pre -Participation Physical Evaluation [CIPPE] Rule) ofthe PIAA By -Laws; and 5. is in full-time attendance at a PIAA member school. Section 3. Foreign Exchange Student/International Student Eligibility Agreement. A Foreign Exchange Student or International Student becomes eligible for a period of one year at the PIAA member school which the student attends upon the determination of the PIAA District Committee having jurisdiction over that school that: 1. the student is a Foreign Exchange Student or International Student as defined above; and 2. the student and the host pomnto, on behalf of the otudent, have executed and submitted to the District Committee the official "PIAA Foreign Exchange Student/International Student Eligibility Agnaement', and required accompanying documents (applicable visa and completed PIAA CIPPE Funn), by which the student and the host poenta, on behalf of the studont, each agrees that the student's eligibility to participate in interscholastic athletics at any PIAA member school ends at the conclusion of the student's one-year of eligibility. Section 4. Ineligible Students. Notwithstanding any provision of ARTICLE VI, a student who receives one-year of eligibility under this ARTICLE \n{ shall thereafter be ineligible to participate in interscholastic athletics at that or any other PIA.A member school. 2013-20* CONSTITUTION Section 5. American Dependencies and Foreign Student . A American Dependencies Students from American 8omoa, Guam, Puerto Rico, the United States Virgin |u|ondo, and other dependencies of the United StaMes, are neither Foreign Exchange Students nor International Students. Said students must meet all PIAA eligibility provisions. B. Foreign Students. A resident of a foreign country who Transfers to a PIAA member school but who does not meet the requirements in Section 1 or Section 2 above is considered a Foreign Student. The eligibility of Foreign Students shall be determined upon Transfer to a PIAA member school under ARTICLE V, Section 4 of these By -Laws and the student must meet all other PIM eligibility provisions. ARTICLE VIII PERIOD OF PARTICIPATION Preamble Generally, students are provided the opportunity to participate in interscholastic athletics for a four-year period which begins at the conclusion of their eighth grade year and ends four years |ater, regardless of whether the student advances academically or actually participates in nterscholastic athletics dunng this period. The purposes of this limitation are as foliows: (1) to provide basi| potential eligibility among athletes as each student is afforded the same basic number of semesters of potential athletic eligibility without regard to the number of years it takes the student to complete the high school curriculum; (2) to permit a greater number of students the opportunity to start and play interscholastic athletics; and (3) to discourage athletic red -shirting, the practice of holding students back in grades so that they will gain more expehonua, size, and ability before graduating from high school, In light of the important purposes of this ART|CLE, and the fact that granting additional eligibility to students will almost always result in denlal of playing opportunities for other students, waivers of the Semester Rule are very sparingly granted and permitted only under the most exceptional of circumstances. Illnesses and injuries sustained which only affect a students ability to participate in athletics will not be considered. This ARTICLE is not intended to authorize athletic red -shirts simply because a student is unable to participate in a season due to injury or U|nnsy, nor are waivers intended to reward illegal or improper conduct. Section 1. Period of Participation. A student may not represent the students school in interscholastic athletics if the student has: A. Reached the and of the students fourth consecutive year (8th consecutive semester or the equivalent) beyond the 8th grade year, without regard to the student's period of attendance: B. Participated in six seasons beyond the sixth grade or four seasons beyond the eighth grade in any sport; or C. Completed the work of grades nine, ten, eleven and twelve, inclusive. INTERPRETATION Section 1C. February 8, 1991. An individual who has received a G.E.D. who enrolls in school for the purpose of obtaining a high school dip|oma, and who returns that individual's G.E,D. tothe Q�D.Office, iu eligible to participate in interscholastic athletics provided the student is eligible in all other respects. Section 2. When a Student Participates in a Season. A student is considered as repreenting the student's school during a particular season in a sport only if the student has participated in a Regular Season or Postseason Contest in that sport. Section 3. Student Entering at Mid -Year. A student who enters school in the second semester and plays two part seasons in the same sport in separate school yoonn, shall be considered as playing the equivalent of one season. Section 4. What Constitutes a Semester. The first haif of the total number of school days in a school term shall constitute the first semester; the second half shall constitute the second semester. Ath|eticaUy, the first semester shall continue until such time as the second semester actually begins. Section 5. Continuing Eligibility. A student who has used all remaining eligibility may retain eligibility for any portion of that athletic schedule not completed by the end of the semester in which the studenwas eligible, provided the student is eligible in all other respects INTERPRETATION Section 5. May 21, 1981. A student who graduates from high school prior to completion of the athletic season of a sport in which the student is participating remains eligible in that sport for any portion of its athletic season not completed by the time of the student's gnaduahpn, provided the student is eligible in all other respects. Section 6. Waiver of Sections 1A and/oiB. A waiver of Section 1 B may not be considered by the District Committee unless that District Committee has waived Sectio 1A. Section 1C may not be waived by a District Committee. A. Illness or Injury: The District Committee may waive Sections 1A and/or 1B in cases of illness and/or injury which caused at least 60 days of absence from school during the school year, which, because of such oboenueo, was subsequently repeated, or 45 days of absence from school during the onmester, whioh, because of such ehoencea, was subsequently repeated. A waiver of Section 1B may be granted if the student participated in no more than 25% of the maximum number of Regular Season Contests in the sport during the school year or semester, which was subsequently repeated. No more than two semesters and/or one season in the sport may be waived by the District Committee. B. Severe and Unusual Personal Hardship; The District Committee may waive Sections 1A and/or 18 in cases where a student demonstrates that the student repeated a school year or semester for a reason beyond the student's uontro|, which produced severe and unusual envimnmento|, 000io|, and/or emotional conditions which, in turn created a debilitating personal non -athletic hardship which would have prevented a reasonable student under similar circumstances from satisfactorily completing a school year or semester. No more than two semesters and/or one season in the sport may be waived by the District Committee. In considering a request pursuant to this provision, the District Committee shall apply the following: 1. A waiver of Section 16 may not be granted under this provision unless the student participated in no more than 25% of the maximum number of Regular Season Contests in the sport during the school year or semester, which was subsequently repeated. 2. A repeat of a school year or semester to remedy academic credit deficiencies and/or failures is not, by itse|f, considered grounds for a waiver under this provision. Howevar, severe and unusual debilitating external circumstances beyond the student's control which can be demonstrated to have caused the academic credit deficiencies and/or failures may be considered if the student demonstrates that the atudent, and the student's tumi|y, exercised objectively reasonable efforts during the school 23 BY-LAWS 2013-201* year or semester, which was subsequently repeated, to address the academic credit deficiencies and/or failures. 3. A madica|, emohona|, and/or psychological condition diagnosed based on observations and information obtained subsequent to the repeated school year or semester will not be considered as a basis for a waiver unless the student and/or the students tami|y, during the school year or semester, which was subsequently repeated, took reasonable steps based on the knowledge possessed by them during that period to seek out appropriate diagnosis and medical treatment for the condition. 4. A waiver may not be granted if there is any evidence of athletic red -shirting, as defined in the Preamble to this ARTICLE. 5. A waiver may not be granted where the repeat of a school year or semester is the result of a voluritary action by a hami|y, even if the decision is for otherwise sound personal or academic reasons, such as to allow the student to mature or improve academically, O. In situations where a student asserts that the repeat of a school year or semester was the result of a psychological or emotional condition, the District Committee may consider the severity of the condition in relation to the student population in general to assess whether the condition is severe, unusual, and debilitating. 7. Economic difficulty and/or residence in a single parent home are, by themselves, unfortunate but riot of such an unusual nature in todays society as to support a waiver of this provision. 8. Upon a students Transfer to another school, the recommendation or insistence of the Receiving School that the student repeat the previous school year is not grounds for a waiver if the student would have advanced to the next grade had the student remained at the student's previous school. C. A waiver may not be granted under this ARTICLE if the repeat of the school year or semester results from illegal conduct on the part of the otudant, or conduct that resulted in expulsion. Notwithstanding the previous sentence, a District Committee may grant a waiver to a student who repeated a school year or semester due to the student's admission to and conflnement in a substance abuse treatment facility, provided that such admission was voluntary and without the student having been so admitted pursuant to a criminal onnviction, odjudicaUnn, or court order, This exception is intended to encourage recognition and voluntary treatment of serious substance abuse problems. D. The District Committee may waive Section 1A in cases where a student, as part of a program that has been recognized by the IJS Department of State arid has been accepted for listing by the Council on Standards for International Educational Travel (CG|ET), attended a school in a foreign country which did not offer an interscholastic athletic program. NOTE: So that the District Committee may make a timely and informed docisinn, it is requested that the Principal notify the District Committee whenever a situation dictates a possible request for additional eligibility. E. Waiver to Participate at the Junior Varsity Level of Competition. The District Committee may grant a Iimited waiver of Sections 1A and/or 1 B to permit a Student With A Disability to participate at the Junior Varsity level of competition foliowing an individualized assessment of the student's condition in relation to the purposes of this ARTICLE and the potential impact of participation by the student on opponents and teammates if the District Committee concludes that: 1. the student suffers from a phyoica|, menty|, or emotional disability which has been recognized by, and certified to by, a treating physician or psychiatrist; 24 2. the studenhas a currenIndividualized Education Plan (IEP) or a Chapter 15 Service Agreement relating to the certified to disability, at the student's school; 3. the student would likely not, due to the student's physical size, athletic ability, and/or other characteristics, pose an increased risk of harm to opponents; and 4. the student is otherwise eligible under these By - Laws. INTERPRETATION Section 6. March 21, 2013. The Maximum Number of Regular Season Conteuts, as used in this Gemdnn, refers to the specific number set forth for each sport in Tables |. U and |U of these By -Laws. Participation by a student at any Ievels (varsity, junior varsity, etc. or any combination thereof) is included in calculating whether the student participated in at least 25% of the identified Maximum Number of Regular Season Contests. Section 7. Yearly Season Limitatio. To promote participation by a broader number of students and to encourage participation by a student in a vanety of sports, a student may participate orily in one (1) season iri each sport during each school year. INTERPRETATIONS March 20, 1965; as amended July 24, 2009. Except as provided in ARTICLE XU, ATHLETIC RELATIONS, Section 1B and ARTICLE XIV, COACHES, Section 2, What Constitutes Coaching, of the PIAA By'Lawm, no person who has graduated or withdrawn from high school is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests. April 1, 1950; as amended January 31, 2004; and July 25, 2008. A student who takes summer school courses is not considered to have used a semester of eligibility. Sections IA and 6A. April 14, 1984. Pregnancy shall be treated as an illness if a physician cerbfieo, in wri\ing, that the student was unable to attend school as a result of pregnancy. Section 5. May 21, 1981. A student who graduates from high school prior to completion of the athletic season of a sport in which the student is participating remains eligible in that sport for any portion of its athletic season not completed by the time of the student's groduaUon, provided the student is eligible in all other respects. NOTE: This modifies the Interpretation of March 20, 1965, ARTICLE IX REPRESENTATION Section 1. Eligibility of Students who Participated in a Collegiate Scrimmage or Contest. No person who has participated in an athletic competition with or against a team sponsored by a college is eligible to participate in an interscholastic Inter -School Practice, GurimmaQe, and/or Contest in that sport. Students do not lose eligibility to participate in an interscholastic Inter -School PmuUoe. Scrimmage, and/or Contest in a sport if they, on an individual basis and as a private citizen, enter and participate in an athletic competition which is open to all peneonu, including collegiate athletes. Section 2. All-Star Contests. All-star Contests are those Contests in which students participate as individuals and not as members of their school Teumo, and (1) the Contests are advertised or promoted aoall- star Contests, and/or (2) the students selected to participate are chosen based upon reputation of the athletes or recommendation and/or referral by other persons. Such all-star Contests are not viewed with favor by PIAA as they promote 2013-20 certain participants to the detriment of others and they tend to arbitrarily and subjectively reward students for performance, both of which are contrary to the objectives of cultivating good sportsmanship and preventing unfair competitive advantages to participants. Therefore, students participating in Contests which are advertised or promoted as all-star Contests and/or in which students are selected based upon reputation of the athletes and/or recommendation or referral by other persons are ineligible to participate in interscholastic athletics in the involved sport(s) for a period of one year from the date of such participation. Contests are not considered to be all-star Contests, and participation will not result in a loss of eligibility, if (1) the Contest is not advertised or promoted as an all-star Contest; (2) the Contest is open to all students or to all students in the same grade level or students are selected to participate based upon try -outs or a uniform standard of qualification (such as certified minimum times for a swimming or track event); and (3) students participating in such Contests do not represent their school in the Contests and do not wear any school -affiliated uniform and/or apparel in the Contests. INTERPRETATION Section 2. May 12, 2001. The loss of eligibility in a sport under ARTICLE IX, Section 2, does not affect those students who have previously exhausted their eligibility in that sport at the time the loss of eligibility provided in ARTICLE IX, Section 2, would otherwise occur. This relates almost exclusively to seniors. Section 3. Multiple Teams at Same Level of Competition. If a PIAA member school sponsors more than one Team in a sport at the same level (varsity, junior varsity, or otherwise) of competition, a student is eligible to participate on only one of those Teams in any season. A student may transfer from a Team at one level of competition to a Team at another level of competition but, after the first Regular Season Contest in that sport, may not transfer, either directly or by means of an intermediate transfer between levels of competition, from one Team to another at the same level of competition. A PIAA member school is not prohibited from temporarily dividing one or more of its Teams into parts, such as (1) to permit participation of members of the Team in a Regular Season Contest or Tournament while the remainder of the Team participates in another Regular Season Contest or Tournament on the same day, or (2) to enter two Teams in the same Regular Season Tournament. Such participation by the temporarily divided Team constitutes two separate Regular Season Contests or Tournaments and counts against the maximum permitted number of Regular Season Contests for that Team. Section 4. Eligibility of Teams and Multiple Individuals for Championship Contests. A PIAA member school which does not sponsor during the Regular Season a Team which participates in at least 50% of the maximum permitted number of Regular Season Contests in a sport is ineligible to enter a Team in that sport in the District or Inter -District Championship Contests, to receive a Team score in that sport in District or Inter -District Championship Contests, and to enter in that sport in the District or Inter -District Championship Contests any Athletic Event which requires the participation of more than one individual, including but not limited to relay Teams and doubles tennis Teams. This provision is waived if (1) the school scheduled at least 50% of the maximum permitted number of Regular Season Contests in a sport; and (2) the Team ultimately participated in at least 33.3% of the maximum permitted number of Regular Season Contests in a sport. 14 CONSTITUTION Section 5. Eligibility of Students for Championship Contests. A student who participates as an individual or as a member of a Team in a sport in an athletic program other than that of the student's school, who is enrolled at a school having a Team in that sport, is ineligible to participate in the District or Inter -District Championship Contests in that sport unless the student has been in uniform and available to participate as a member of the student's school Team in that sport for at least 75% of the Contests occurring within the period of time beginning with that Team's first Regular Season Contest and ending with its last Regular Season Contest. Where the failure to meet the 75% requirement results, in part, from reasons other than participation on the non -school Team, the Principal may waive such absences, provided that the student was otherwise in uniform and available to participate in at least 50% of the total number of the Team's Regular Season Contests. With regard to Practices for the period of time beginning with the Team's first Contest and ending with its last Contest of the Regular Season, the Principal of each school must determine whether Practice in the athletic program other than that of the student's school meets the Practice requirements of that school. If it does not, the student is ineligible to participate in the District or Inter -District Championship Contests in that sport. ARTICLE X CURRICULUM Section 1. To be eligible for interscholastic athletic competition, a student must pursue a curriculum defined and approved by the Principal as a full-time curriculum. Where required, this curriculum or its equivalent must be approved by, and conform to, the regulations of the State Board of Education and the Pennsylvania School Code, as well as any local policies established by the local School Board. The student must be passing at least four full -credit subjects, or the equivalent. Eligibility is cumulative from the beginning of a grading period, must be reported on a weekly basis, and must be filed in the Principal's office. Where a student's cumulative work from the beginning of the grading period does not as of any Friday meet the standards provided for in this Section, the student is ineligible from the immediately following Sunday through the Saturday immediately following the next Friday as of which the student's cumulative work from the beginning of the grading period meets the standards provided for in this Section. Where a school is closed on a Friday for any reason, the Principal may, at the Principal's election, determine whether the student as of that day meets the standards provided for in this Section. Section 2. To be eligible for interscholastic athletics, a student must have passed at least four full -credit subjects, or the equivalent, during the previous grading period, except as provided in Section 5. Back work may be made up, providing it is in accordance with the re • ular rules of the school. INTERPRETATIONS Sections 1 and 2. October 6, 2001. Whenever students spend approximately double the amount of time in class under "block" scheduling in comparison to "traditional" scheduling, a credit that a student is carrying under "block" scheduling would be the equivalent of two credits under "traditional" scheduling in determining athletic academic eligibility, except when eligibility is determined by final credits at the end of the school year. Section 2. July 21, 1983; as amended December 7, 1985; and May 11, 2002. ARTICLE X, Section 2 sets only the minimum academic standards for interscholastic athletic eligibility. Since the 25 BY-LAWS 2013 standards are minimum ones (passing "at least" four full -credit subjects), PIAA member schools may adophigher or more stringent academic standards, but may not have lower academic standards. Section 2. July 22, 1982; as amended December 7, 1985. A student who has passed subjects which, in the aggregate total a(least four credits has passed the equivalent uffour full - credit subjecto. Section 3. In cases where a student's work in any precedirading period does not meet the standards provided for in Section 2. said student is ineligible to participate in interscholastic athletics for at least fifteen (15) school days of the next grading period where the school has four (4) grading periods per school year, or for at Ieastten (10) school days ofthe the next grading period where the school has six (6) grading periods per school year, beginning on the first day report cards are iauued, except as provided in Section 5. Section 4. New Students Must Meet Eligibility Requirements On Curriculum. Students who are enrolled for the first time must comply with the requirements of the curriculum rules. The standing required for the preceding week, the preceding grading period or the preceding year shall be obtained from the records of the last school which the student has attended. Section 5. Use of Final Credits at End of School Year. At the end of the school year, the student's final credits in the student's subjects rather than the student's credits for the last grading period shall be used to determine the student's eligibility for the next grading period. INTERPRETATION December 7\i985;emamended May 11,20W2. Students whose work does not meet the standards provided for in ARTICLE X. who attend summer school and correct their deficiencies, are eligible. ARTICLE XI ASSUMED NAME A student who participates in an Inter -School Practice, Scrimmage, or Contest in a sport under a name other than the students own is neligible to participate in that sport for up to one year from the date of such participation under an assumed name. This penalty may be modified by the PIAA Board of Directors upon proof by the student of a ack of culpability by the otudont, that such participation was enooumged, orronged, and/or facilitated by a Coach of the otudent, and that the student's school has taken appropriate disciplinary action acceptable to the PIAA Board of Directors against those adults responsible for such participation. Addidona||y, any person encouroging, foci|ituUng, and/or assisting a student to participate in an lnter-School Practice, Scrimmage, and/or Contest in a sport under a name other than the student's own is, if the student does indeed so participate under an assumed name and regardless of discipline imposed by the school on said individual, ineligible (0 Coach any Team in that sport at any PIAA member school for up to one year from the date of such participation by the student under an assumed name. ARTICLE XII ATHLETIC RELATIONS Section 1. Teams which PIAA Member Schools may PIay. A. No Inter -School Practice, Scrimmage, or Contest may be played with a Team not sponsored and controlled by a public school or Private School nor any school not belonging to PIAA, unless the non-PIAA member school's eligibility rules for school, Team, and contestants meet the requirements of PIAA. 26 -2014 All Contests must be played pursuant to ARTICLE XVIU, Official Rules for Sports. This requirement does not apply to Contests played outside of Pennsylvania where the opponent schoo is not a member of PIAA. B. Regular Season Scrimmages and/or Contests with a|umni, where authorized by the ouhuo|, are permitted in all sports except in Football and Wrestling. Such Scrimmages and/or Contests count against the maximum perrnitted number of Regular Season Inter -School Practices, Scrimmages, and/or Contests in the applicabte sport. INTERPRETATIONS Section 1-A. July 27, 2006as amended October 8, 2010. PIAA member senior high schools may participate in Inter - School Practices, Scrimmages, and/or Contests against non- PIAA member senior high schools that (1) on'P|AAmomberoeniorhighuohoo|otkot(1) are in good standing with their respective National Federation of State High School Association (NFHS)-member state high school associations and (2) have on their Teams' rosters junior high or middle school students enrolled in the 71° and/or 8m grades. Muwever. PIAA member senior high schools are not permitted to use students enrolled inthe 7th and/or 8th grades ontheir Teams (nsuch Inter - School Practices, Scrimmages, and/or Con0aata, unless otherwise authorized under these By -Laws. Section 1A. May 11, 2002. Where it is deemed necessary by the respective School Boards, and/or Boards having jurisdiction over the oohuo|o, for students and/or Teams from different schools to share facilities at the same time, those students and/or Teams are not considered to be engaging in a Conouot. Scrimmage, or Inter - School Practice so long as the students and/or Teams do not interact by competing agairist or Practicing with each other. Section 1B. July 24, 2009. Except as provided in ARTICLE X||, ATHLETIC RELATIONS, Section 1 B and ARTICLE XIV, COACHES, Section 2, What Constitutes Coaching, of the PIAA By'Lawm, no person who has graduated or withdrawn from high school is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests. Section 2. Practices, Inter -School Practices, Scrimmages, and Contests Limited to Six Days Per Calendar Week During Regular Season. No Team, no individual member or members of such Team, and no individual representing any PIAA member school, may Practice or participate in an Inter -School Practice, Scrimmage, Contest, and/or Open Gym on more than six days in any Calendar Week during the Regular Season. Section 3. Requirements ofWritten Contract. Except where scheduling is done by or pursuant to the authority of the District Committee, aPI schools must enter into either paper or electronic contracts for all Contests in which they participate. All contracts must be on tho official contract form entitled ''Contract for Contests Under PIAA Rules", or an equivalent electronic version thereof. Where the opponent is not a member of PIAAthe school must also enter into a supplement to either a paper or an electronic contract on the official form entitled "Supplement to Contract for Contests Under PIAA Rules Involving Non-PIAA Member Schuo|o'', or an equivalent electronic version thereof. Disputes arising from oral agreements will not be considered by PIM. Section 4. Contracts of SuspendedlWithdrawn School Null and Void. A. Contracts with Suspended School. The suspension of a school from PIAA renders its contracts with PIAA member schools null and void for PIAA purposes. 2013-2014 B. Contracts with Withdrawn School. The legal withdrawal of a school from PIAA, approved by the PIAA Board of Directors, shall render its contracts with PIAA member schools null and void for PIAA purposes. INTERPRETATION Section 4B. May 21, 1948. The membership of a school in PIAA terminates when the school ceases to exist and, as a result, the contracts of the school with other schools then become null and void for PIAA purposes. Section 5. Cancellation of Contract or Failure to Honor District Schedule. In case of cancellation by one party to a Contract for Contest or the failure by any one of the parties to fulfill any of the material terms of a Contract for Contest, except by written mutual consent or due to the suspension of one of the schools, the breaching school will be subject to any of the penalties described in ARTICLE XIII, PENALTIES, Sections 2 through 7, of the PIAA By -Laws. In case of failure on the part of any PIAA member school to perform a schedule prepared by or pursuant to the authority of the District Committee, except by written mutual consent and the permission of the District Committee or its authorized designee, or due to the suspension of one of the schools, the offending school will be subject to any of the penalties described in ARTICLE XIII, PENALTIES, Sections 2 through 7, of the PIAA By -Laws. Section 6. Temporary Closure of School. A school which is closed may participate during the period the school is closed, at the discretion of the local School Board or Board having jurisdiction over the school. Normal Practice sessions are permitted if the local School Board or Board having jurisdiction over the school permits such action. Normal Practice sessions may not exceed that which would be normal if the school were in session. Contests scheduled during the period of closing may be rescheduled by mutual agreement of the affected schools. In such cases, the rescheduled Contest must be in conformity with the rules and regulations of the local School Board or Board having jurisdiction over the schools and PIAA. Inability to reschedule the Contest shall result in a forfeiture by the closed school. NOTE: Please refer also to ARTICLE XVI, SEASON AND OUT - OF -SEASON RULES AND REGULATIONS, October 5, 1994, as amended January 29, 2005 Interpretation; and "Procedures During Strikes" in the Policies and Procedures Section of the PIAA Handbook. Section 7. Failure to Play Due to Disbandment of Team. If the failure to play a Contest as scheduled is due to the disbandment of a Team by the Principal, forfeiture of the Contest may or may not be imposed, provided that the Principal immediately notifies the PIAA Board of Directors, the District Committee, and the Principals of such schools as the school's Team is scheduled to play, stating the reason for disbandment. Section 8. Failure to Agree Upon Officials for Contests. If the schools fail to agree upon the officials fifteen days prior to the date of the Contest, it is the duty of the Principals of the two schools to notify the District Chairman of such failure. The District Chairman shall then appoint the officials for the Contest, and the fees of the said officials shall be borne by the schools as originally provided in their mutual contract or otherwise. If the Contest is scheduled between schools located in different Districts, the Executive Director of PIAA shall appoint the officials. CONSTITUTION ARTICLE XIII PENALTIES Preamble As a guiding principle, a penalty imposed by PIAA should be broad and severe if the violation or violations reflect a general disregard for the PIAA Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations; in those instances where the violation or violations are isolated and of relative insignificance, then the penalty should be more specific and limited. Previous violations of the PIAA Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations are a contributing factor in determining the degree of penalty. All PIAA member schools are required to cooperate fully with PIAA District Committees, Regional Panels, and/or the PIAA Board of Directors, within their respective jurisdictions, to further the objectives of PIAA and to investigate incidents relating to disciplinary matters and application of the PIAA Constitution, By - Laws, Policies and Procedures, and/or Rules and Regulations. All PIAA member schools must make available, upon request by the District Committee, Regional Panel, and/or the Board of Directors, documents relating to a particular incident and must further make available for questioning Principals, Athletic Directors, Coaches, student -athletes, and other school and/or Team personnel whose testimony may be desired by the District Committee, Regional Panel, and/or the Board of Directors. Section 1. Expulsion. A school that has been expelled from membership in PIAA may not apply for readmission for a period of three (3) school years following expulsion. Thereafter, and upon demonstration to the satisfaction of the PIAA Board of Directors that the reasons for expulsion have been remedied, the expelled school may be readmitted to membership. A school may be expelled: A. If the Principal is not responsible for the control of interscholastic athletics in the PIAA member school. B. If it refuses to abide by the decisions of the District Committee, Regional Panel, or the Board of Directors, within their respective jurisdictions. Section 2. Suspension. Suspension may consist of suspension of a school from membership in PIAA, or suspension of one or more of a school's Teams from interscholastic athletic competition with PIAA member schools. A school or its Team(s) may be suspended: A. For breach of contracts with other schools. B. For playing a suspended school. C. For persistent breach of contracts with Contest officials. D. For knowingly using an ineligible Coach and/or contestant. E. For neglecting to provide reasonable safeguards for the protection of Contest officials and visiting Teams. F. For flagrant violation of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA. G. When the conduct of its administration, faculty, Coaches, Teams, students, or Team followers is unsportsmanlike and results in actions which are detrimental to individual, school, and/or public welfare and/or which are prejudicial to the purpose of PIAA. H. For refusal or failure to abide by the decisions of the District Committee, Regional Panel, or the Board of Directors, within their respective jurisdictions. I. For violation of terms of probation imposed by the District Committee, Regional Panel, or the Board of Directors, within their respective jurisdictions. A suspension may be for a defined period of time or may be indefinite. If the suspension is for an indefinite period of time, the District Committee, Regional Panel, or the Board of Directors, 27 BY-LAWS 2013-2014 within their respective jurisdictions, may also impose conditions which must be met prior to the lifting of the suspension and the suspended school must apply to the body imposing the suspension to lift the suspension. Section 3. Forfeiture of Contests. A. Mandatory Forfeiture. To remedy any possible harm to opponents from participation by an ineligible student or Coach, and to remove any incentive for such participation, a school is required to forfeit all Contests in which an ineligible student participated and/or an ineligible Coach coached on behalf of the school, regardless of whether the ineligibility was known at the time of participation and/or Coaching or discovered later. The burden of ensuring that a student is eligible to participate and/or a Coach is eligible to Coach rests entirely on the student, Coach, and Principal of the school. For a Coach, participation in a Contest, after which the Coach is disqualified, includes any contact by the Coach with members of the Team, including other Coaches, between a reasonable time after the Coach is disqualified and the conclusion of the Contest. B. Discretionary Forfeiture. A school may be required to forfeit a Contest for flagrant misconduct and/or other violations of the Constitution and/or By - Laws of PIAA. C Effect of Forfeiture on District Championship Title. If a forfeiture of a District Championship occurs, that title shall be vacant for that year unless the forfeiture is determined prior to the first Inter -District Championship Contest, in which instance the runner-up shall be declared District Champion. D. Effect of Forfeiture During Postseason. If a Team required to forfeit a Postseason Contest has won a Contest: 1. during the District Championship Tournament, the Team most recently defeated by the forfeiting Team shall be invited to replace the forfeiting Team in the next round of the District Championship Tournament; 2. following the District Championship Tournament but before the start of the Inter -District Championship Tournament, each Team in the District otherwise finishing below the forfeiting Team will improve its seeding by one; 3. during the Inter -District Championship Tournament, other than the final Inter -District Championship Contest, the Team most recently defeated by the forfeiting Team will be invited to replace the forfeiting Team in the next round of the Inter -District Championship Tournament; or 4. following the final Inter -District Championship Contest, the championship in that sport will remain vacant for that year. In circumstances (1), (2), and (3) above, should the invited Team decline to participate, the District Chairman or Executive Director of PIAA, as appropriate, has discretion as to whether to invite the next possible qualifying Team or provide for a bye in the schedule. Section 4. Suspension of Athletic Relations. Two schools may be required to suspend athletic relations when relationships between the schools have been so contentious and unsportsmanlike as to jeopardize school and public welfare. Section 5. Forfeiture of Championship Rights. A school may be required to forfeit championship rights for flagrant misconduct and/or any violation of the Constitution, By - Laws, Policies and Procedures, and/or Rules and Regulations of PIAA and for participating in a non -approved or a disapproved Tournament. 28 Section 6. Public Censure. In addition to, or in lieu of, such other discretionary penalties as provided by the By -Laws, a school and/or the individual(s) responsible for the violation(s) may be publicly censured. Public censure is intended to manifest strong disapproval of the actions which led to the imposition of this penalty, and is effected through its inclusion in the decision letter. Section 7. Probation. In addition to, or in lieu of, such other discretionary penalties as provided by these By -Laws, a school may be placed on probation. Probation is an intermediate penalty which may be imposed: 1. upon a finding of a violation of the Constitution, By - Laws, Policies and Procedures, and/or Rules and Regulations of PIAA, 2. to ensure that steps are taken by schools to minimize the risk of future violations by a school of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA, and/or 3. to address deficiencies in administrative oversight of the interscholastic athletic program at a school. If probation is imposed, it must be for a specified period of time of not less than one year. The District Committee, Regional Panel, and/or the Board of Directors may identify conditions that a school must satisfy during a probationary period. Such conditions shall be designed on a case-by-case basis to focus on the school's administrative weaknesses detected in the case and must include, but not be limited to, written reports from the school pertaining to areas of concern to the District Committee, Regional Panel, and/or Board of Directors. If the school placed on probation fails to satisfy one or more conditions of probation, the District Committee, Regional Panel, and/or Board of Directors may reconsider the penalties in the case and may extend the term of probation and/or impose additional applicable penalties. Section 8. Disqualification From Next Contest(s). A. General Rule. 1. Mandatory Disqualification. Any Coach and/or contestant who, while Coaching or competing for a PIM member school, is ejected from a Contest by a state high school association recognized and/or registered official in that sport for unsportsmanlike conduct or flagrant misconduct is disqualified from Coaching and/or participating for the remainder of the day and in all Contests on the next Contest day of the same level (varsity, junior varsity, or otherwise) of competition from which the Coach and/or contestant was previously disqualified. For a Coach, participation in the next Contest includes any contact by the Coach with members of the Team, including other Coaches, between the time that the Team arrives at the Contest site and the conclusion of the last Contest of the day. The Principal must direct the Coach not to attend all of the Contest(s). 2. Discretionary Disqualification. Upon the finding by a PIAA-Appointed Tournament Director, Contest Manager, District Committee, Regional Panel, or, if the conduct occurred in an Inter -District Contest, by the Executive Director or Board of Directors, within their respective jurisdictions, that a student -athlete, Coach, and/or Team, while Coaching or competing for a PIM member school, engaged in flagrant misconduct while on the premises where a Contest is conducted, said student -athletes, Coaches, and/or Teams may be disqualified from participation in the next scheduled Contest following said determination. 2013-20* CONSTITUTION B. Disqualification From Last Contest of a Season. Any Coach and/or contestant ejected from the last Contest(s) in that sport in a sport season is disqualified from Coaching and/or participating in the first Contest(s) in that sport in the subsequent sport seasonat the same level (varsity, junior varaity, or otherwise) of competition, at any PIAA member school or, if the Coach and/or student changes levels of compaUhun, such as from junior varsity to varsity, the first Contest(s) in that sport. C. Reporting of Disqualification. The official must file a report with the PIAA Office on the form prescribed for the sport invo|ved, within twenty-four (24) hours following the completion of the Contest in which the ejection occurred. Failure to file such report does not affect the validity or consequences of the ejection. D. Appeal of Disqualification. Decisions of a Contest official to disqualify a Coach and/or contestant are generally not subject to appeal. The only exceptions to this rule are as follows: 1. Misidentification of a person: The person intended by the Contest official to be disqualified was not the one actually disqualified. This exception will not be considered without input from the Contest official. 2. Misapplication of a rule: The Contest official erred in applying a Contest rule such that a Coach and/or contestant was disqualifled under a rule not applicable to that sport or which did not provide for disqualification. The judgment of the official regarding the conduct of the Coach and/or contestant may not be chaflenged. Misidentification of a person and/or misapplication of a rule appeals must be submitted to, and resolved by, the Executive Director. Such appeals will be considered only if they are brought to the attention of the Executive Director in sufficient time to permit reasoned consideration prior to the next Contest. Such appeals may be denied for lack of timely submission of adequate evidence. The Executive Director's decision may not be appealed. Section 9. Violations by Individuals. A. Rectifying Action by School. If it is determined that a school's administration, facu!ty, Coaches, Teamo, students, or Team followers engaged in flagrant misconduct and/or conduct which violates one or more provisions of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of P|AA, and/or misconduct which is contrary to the purposes of PIAA, that school may be directed by its District Committee, Regional Panel, or, if the conduct occurred in an Inter -District Conoyst, by the Executive Director or Board of Diectors, within their respective ]uhodicVona, to impose appropriate discipline upon such persons or to take other rectifying action for such conduct, PIAA may require the school to take specified rectifying action and/or to impose specified appropriate discipline upon such persons as a condition for not imposing penalties upon the school for flagrant misconduct and/o, violations of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations by the individuals enumerated in this Section. The failure of a school to impose such directed discipline or to take directed rectifying action may subject that school to the penalties set forth in Sections 1 through 7 of this ARTICLE B. Punching, Striking, Biting, or Kicking by Contestant or Coach. 1. Astudent-athlete who, immediately prior to, during, or immediately after a Contest, recklessly or with 111 will or an intent to harm, punches (striking with a closed fist), sthkeu, bites, or kicks a conhsatont. C000h, an uffixia|, or any other person attending the Contest; may be disqualified in that sport by the Regional Panel or District Committee, within their respective jurisdictions: (1)if the act was reckless, for aperiod oftime upto and including the remainder of that sport's season and, if the incident occurs with 1/3 or less of thasport's Regular Season remaining, for a period of time up to and including one haif of the following season in the same sport, or (2) if the action was a punch or was with ill will or an intent to harm, for a periodcfuptn one year from the date of the incident leading to the disqualification or the date of the Regional Panel or District Committee hearing. If such conduct occurs immediately behom, during, or immediately after an Inter -District Championship Contest, the Board of Directors may disqualify the student for the remainder of the Postseason and, (1) if the conduct was mok|nou, for a period of time up to and including one half of the following season in the same sport; and (2) if the conduct was a punch or was with 111 will or an ntent to harm, for a period of up to one year from the date of the incident leadinto the disqualificatiori or the date of the Board of Directors' hearing. Where the punching, striking, bidng, or kicking results in injury to another oompeUhur, the student engaging in such conduct may further be disqualified until the injured person is able to return to competition. For purposes of this 8octinn, an injury occurs whenever the conduct results in (1) the struck contestant, Coachor official being unable to further participate in that Contest or one or more subsequent Contests because of the contact; and/or (2) the struck person obtaining post -Contest medical treatment because of the contact. 2. A Coach who, immediately prior to, during, or immediately after a Cnntest, intentionally strikes, bites, or kicks a cunteotant. C000h, an ufficia|, or any other person in attendance at the Conhaot, or who punches a contestant, Coaoh, an offioie|, or any other person in attendance at the Contest, shall be disqualified by the Regional Panel or District Committee, within their respective jurisdictions, (or Board of Directors if the incident occurred at an Inter -District Contest) for a period of not less than one year from the date of either the incident leading to the suspension or the date of the hearing to consider the matter. Section 10. Faimess to Opponents. If a student or Coach who is ineligible under the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA is permitted to participate in or Coach interscholastic competition contrary to such PIAA Conotituhon, By -Laws, Policies and Procedures, and/or Rules and Regu|oUono, but in accordance with the terms of a court restraining order or injunction against PIAA and/or the students or Coach's ochoo|, and said injunction is raversed, voluntarily vacated or nteyed, or it is finaily determined by the courts that injunctive relief is not or was not justified, the Regional Panel or District Committee, within their respective jurisdictions, may, upon notice to the affected student(s) or Coach(es) and school and an opportunity for them to be hoand, and in the interest of fairness to competing ochoo|a. take one or more of the following actions: (a) Require that Team victories achieved during participation or Coaching by such ineligible student(s) or Coach(es) be abrogated and the Contests forfeited. This action should be taken as a matter of course and should be rejected by the Regional Panel or District Committee only in unusual and exceptional circumstances: (b) Require that individual records and performances achieved during participation by such ineligible student(s) be vacated or stricken; (c) Require that Team records and performances achieved during participation by such ineligible student(s) or Coach(es) be vacated or stricken; (d) Require that individual awards earned during participation by such ineligible student(s) be returned to 29 BY-LAWS 2013-201* PIAA, the sponsor, or the competing school sponsoring same; (e) Require that Team awards earned or achieved during participation by such ineligible student(s) or Coach(es) be returned to P|AA, the sponsor, or the competing school sponsoring same; (f) Determine that the school is ineligible for one or more PIAA District and/or Inter -District Championships in the sports and in the seasons in which such ineligible student(s) participated or Coach(es) coached; (g) Determine that the school is ineligible for invitational and Postseason meets and Tournaments in the sports and in the seasons in which such ineligible student(s) participated or Coach(es) coached; and/or (h) Determine that students' or Coaches' period of ineligibility is extended for a period oftime equivalent to that during which the injunction was in place. If this action is available and taken, the other remedies identified in subsections (a) through (g) above may not be applied, INTERPRETATIONS October 29, 1945, as amended October 3, 2008. A Regional Panel or District Cnmmittoo, within their respective ]uhodioUono, has the power to suspend a school where the schooi falis to provide police protection for spectators, officials and competitors. Sections 3 and 10. May 21, 1987; as amended January 30, 2009. In sports in which individual events or matches are oonducted, use of an ineligible contestant in any event or match will result in forfeiture of that event or match by that student and of the entire Contest by the Team of which the ineligible contestant is a member. EIigibIe students from all involved Teomo, who won their individual events or matches, will not be required to forfeit their ir,dividual victories. Additionally, in all Contests, statistics for individual contestants, other thari that of the ineligible conVeotont(o), will not be affected. All statistics of the forfeiting contestant(s) will be voided. ARTICLE XIV COACHES Section 1. Who may Coach. A. A Coach is a person (including volunteer high school alumni, professional athietes, and citizens of the community) engaged, either for an entire season or any part thereof, by a school to provide Coaching to a TeamPIAA does not impose any requirements or limitations on the retention or hiring of paid or volunteer Coaches in either public or Private Schools. B. Neither the Public School Code nor the Regulations of the Pennsylvania Department of Education (PDE) currently place restrictions on the hiring or qualification of persons employed as Coaches in public schools. Upon satisfactory compliance with applicable laws relating to completion of required background checks, schools may engage as Coaches any persons who meet their local criteria. C. To encourage the hiring of individuals who have knowledge of the skills needed to Coach interscholastic oports. PIAA endorses the National Federation of State High School Associations (NFHS) Coach Education Program and recommends that individuals hired as Coaches successfully complete this or a similar certification program designed to prepare Coaches in their respective sports, Section 2. What Constitutes Coaching. Coaching is the provision of inohuction, training, oonditioning, and/or direction to a Team, for the purpose of developing athletic abilities and skills. In furtherance of their espnnsibi|ities, and consistent with applicable standards and practices relating to safety in individual spurto. Coaches may participate as they deem necessary and appropriate in Practices 30 and may provide sideline Coaching assistance in Inter -School Practices, Scrimmages, and Contests. INTERPRETATION Section 2. July 24, 2009. Except as provided in ARTICLE XII, ATHLETIC RELATIONS, Section 1 B and ARTICLE XIV, COACHES, Section 2, What Constitutes Coanhing, of the PIAA By Law. no person who has graduated or withdrawn from high school is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests. Section 3. Mandatory Rules Interpretation Meeting. The head Coach of the Coaching staff of each PIAA member senior high school Team must attend at least one PIAA mandatory rules interpretation meeting each year for each boys' sport and each giris' sport coached by that staif. The Principal of a PIAA member senior high school may appoint a representative of the Coaching staff to attend said annual mandatory rules interpretation rneeting if the head Coach of the Coaching staif in the sport has not yet been designated by the school. A PIM member senior high school that fails to have the head Coach of its Coaching otoff, or an appointed representative of the head Coach of the Coaching staff, attend a minimum of one PIAA mandatory rules interpretation meeting each year for each boys' sport and for each girls' sport offered by the ochoo|, and in which a PIAA mandatory rules interpretation meeting is offenad, must pay a fine of $100.00 for non-attendance. Payment of said fine must be made to PIAA within 30 days of notification from PIAA that the head Coach or representative of the head Coach of the Coaching staif, if the head Coach of the Coaching staff in the sport has not been designated by the schno|, failed to attend the annual mandatory rules interpretation meeting. If the fine is not paid within 30 days of notification, the PIAA member school wiH automatically be placed on probation in all sports and will automatically forfeit the right to compete in District and Inter -District Championship Contests in aPI sports until such time as the fine is paid. PIAA recommends that the head Coach of the Coaching staff of each PIAA member junior high/middle school attend at least one PIM mandatory rules interpretation meeting each year for each boys' sport and for each girls' sport coached by that staff. If the head Coach of the Coaching staif for a junior/middle school in a particular sport does not attend the annual mandatory rules interpretation meeting, that head Coach is required to meet with the respective senior high school head Coach or appointed representative in that sport for the purpose of obtaining aPI of the information that was presented at the annual mandatory rules interpretation meeting. INTERPRETATION Section 3. December W.1g64; as amended May 21,19g7. The period of probation and forfeiture of the right to compete in Districand Inter -District Championship Contests as a result of failure to pay the fine within 30 days of notification will be in force until such time as the fine is paid. ARTICLE XV OFFICIALS Section 1. Sports Officials must be Registered with PIAA. All sports officials, in aPI Contests participated in by a PIAA member school, must be persons who are (1) registered, (2) on active status, and (3) in good standing, with PIAA. NOTE: Section 1 does not apply to Contests played outside of Pennsylvania, and the opponent is not a member of PIAA, Section 2. How Persons may Become PIAA-Registered Sports Officials. To become a PIAA-registered official in any opnrt, the applicant must meet the qualifications and requirements and 2013-201* CONSTITUTION pass such examination as may be required by the PIAA Board of Directors. Applicants are required to identify any crimes of which they have been convicted or have pled guilty or no contest. Any applicant who has been convicted of, or who has pled gulity or no contest to, any of the offenses identified at the time of violation in 24 P.S. § 1-111(e) may not be registered by PIAA unless a period of ten years has elapsed from the date of expiration of the sentence for the offense. The application of any individual convicted of, or who has pled guiJty or no coritest to, a felony more thari ten years prior to applying shall be reviewed by the PIAA Executive Director. In considering whether to accept said application, the Executive Director shall consider the nature of the offense and whether the applicant poses a danger specifically to school students or is otherwise unsuitable for registraton as an official. This factor is most paramount as to ari applicant convicted of a sexual offense, especially an offense (especially one which would trigger registration under Megan's Law) involving nexue|, physical or verbal abuse against a child. Other factors to be considered by the Executive Director include the foliowing: • The time period that has elapsed since the offense; • Whether the offense was an isolated single event or was repeated; • The presence or absence of a subsequent criminal history; • Whether the offense bears a relationship to interscholastic athletics; • Whether the person was involved in interscholastic sports when the crime occurred; and • Whether the conduct occurred on the property of a schooi or relating to sports. Additionally, the Executive Director shall not accept the application of an individual convicted of an offense identified in 24 P.S. § 1-111(e) unless the PIAA Director of Legal Affairs certifies that he or she believes that the refusal to accept the application would likely be inconsistent with the applicant's constitutional rights. Applicants convicted of, or who pled guilty or no contest to, any other felony of the first, oecnnd, or third degree shall not be registered by PIAA unless a period of ten years has elapsed from the date of expiration of the sentence for the offense. Applicants convicted of, or who pled guilty or no contest to, any other misdemeanor of the first degree shall not be registered by PIAA unless a period of five years has elapsed from the date of expiration of the sentence for the offense. Applicants convicted of, or who pled guilty or no contest to more than one first degree misdemeanor under 75 Pa.C.S.A. § 3802 relating to driving under the influence of alcohol or a controlled substance shall not be registered by PIAA unless a period of three years has elapsed from the date of expiration of the sentence for the most recent offense. Applicants may also be rejected by the Executive Director if they have been convicted of, or pled guilty or no contest to, hnngary, fraud, embozc|emont, perjury, and/or another offense which relates to or calls into question the honesty or veracity of the applicant. The decision of the Executive Director to reject an application may be appealed by the applicant to the PIAA Board of Directors. All newly registered sports officials and all sports officials whose registration have lapsed for more than one year, shall be required to obtain and submit to PIAA valid (obtained within the past year) copies of (1) a Pennsylvania State Police background check (Ac34 of 1985) report; (2) a Pennsylvania Department of Public Welfare chitd abuse history (Act 151 of 1994) report; and (3) a FBI federal criminal history record (Act 114 of 2006) report. Expenses for obtaining and submitting said reports shall be borne by the registered sports official Section 3. Duty to Report Offenses. Any registered sports official who has been either convicted of, or pled guilty or no contest to, or is arrested or convicted of, or pleads guilty or no contest to, any offense identified under 24 P.S. § 1-111(e) (see the current list of such offenses in the NOTE herein), shall so notify the Executive Director of such conviction or of an arrest for such charges by completing the form developed by the Pennsylvania Department of Education, a copy of which is published on the PIM Web site at www.piaa.org. Section 4. Requirement of Written Contract. All PIAA member schools shall enter into either paper or electronic contracts on the offcia contract form entitled Contract for Officials Under PIM Rules", or an equivalent electronic version thereof, with all registered sports officials retained by the schools or assigned by an assignor. Registered sports officials are independent contractors and {henahone, are NOT employees of PIAA, the school, or the assignor. Disputes arising from oral agreements will not be considered by PIAA INTERPRETATION Section 4. October 6, 2011. Use by PIAA member schools, including member schools and organized groups of member schools utilizing the services of assignors, of online electronic assignment programs shall meet the requirements of entry of contracts under this provision, provided that all critical terms relating to said contracts are communicated to the PIAA-registered sports officials and the sports officials engage in affirmative acts accepting the assignments. Section 5. Violation or Cancellation of Sports Official's Contract by a PIAA Member School. If a PIAA member school violates or cancels a contract with an official, the District Committee or the Board of Directors, within their respective jurisdictions, may require a school so violating or so canceling to pay to the offended official the fee or fees for the Contesor Contests which have been provided in the official contract. The failure of a PIAA member school to live up to the terms of the contract is considered a violation of the Constitution and By -Laws of PIAA, Section 6. Removal of Registered Sports Officials. A. Mandatory Removal. The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pleado guilty or no contest to, any of the offenses identified at the time ofviolation in24P.S. § 1-111(e). The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pled guilty or no contest to, any other felony of the first, second, or third degree unless a period of ten years has elapsed from the date of expiration of the sentence for the offense. The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pled guilty or no contest to, any other misdemeanor of the first degree unless a period of five years has elapsed from the date of expiration of the sentence for the offense. The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pled guilty or no contest to, more than one first degree misdemeanor under 75 Pa.C.S, § 3802 relating to driving under the influence of alcohol or a controlled substance unless a period of three years has elapsed from the date of expiration of the sentence for the most recent offerise. Any sports official removed from the Iist of registered sports officials under this subsection A may reapply for registration upon expiration of the period identified therein. Reinstatement may be solely within the discretion of the Executive Director and, 31 BY-LAWS 2013-2014 in any event, may not be granted unless the removed sports offrcial (1) meets all of the qualifications and requirements then in place and (2) passes such examination(a) as then may be required by the Board of Directors, tn granting reinstatement, the Executive Director may place the official on probation for a defined period of time and under conditions deemed appropriate by the Executive Director. In considering reinstatement of any individual convicted of, or who has pled guilty or no contest to, any felony or misdemeanor of the first degree, the Executive Director shall consider the nature of the offense and whether the applicant poses a danger specifically to school students or is otherwise unsuitable for registration as an official. This factor is most paramount as to an applicant convicted of a sexual oMenae, especially an offense (especially one which would trigger registration under Megan's Law) involving eoxua|, physical or verbal abuse against a child. Other factors to be considered in making the decision include the following: • The time period that has elapsed since the offense; • VVhethortha offense was an isolated single event or was repeated; • The presen� or absence of a subsequent criminal history; • Whether the offense bears a relationship to interscholastic athletics; • Whether the person was involved in interscholastic sports when the crime occurred; and • Whether the conduct occurred on the property of a school or relating to sports. Additionally, the Executive Director shall not reinstate any individual convicted ofan offense identified in 24 P.S. § 1-111(e) unless the PIAA Director of Legal Affairs certifies that he or she believes that the refusal to reinstate would likely be inconsistent with the individuafs constitutional rights. B. Discretionary Removal. The Board of Directors may remove from the list of registered sports officials any person: 1. Whom the Board of Directors has determined to have been biased and/or consistently incompetent or unfair in the official's decisions in Contests, or 2. Whose conduct on or off the competition surface renders the official unfit to act as a registered sports official, or 3. Who is convicted of fuqgary, fraud, embezc|ement, parjury, and/or another offense which relates to or calls into question the honesty or veracity of the official, or 4. Who has been removed for misconduct by a national amateur or professional athletic organization or a state high school association that recognizes and/or registers sports officials, or 5. Who, while under suspension herein, engages in conduct defined in Section 7 below that would be additional grounds for suspension. Any sports official removed from the Iist of registered sports officials under this subsection B may reapply for registration after no Iess than five school years have passed from such removal. Reinstatement is solely within the discretion of the Board of Directors and, in any ewent, shall not be granted unless the removed sports official (1) meets all of the qualifications and requirements then in place, (2) passes such examination(s) as then may be required by the Board of Directors, and (3), at a hearing before the Board of Directors, demonstrates, by clear and convincing evidence, that the reason(s) for removal have been satisfactorily addressed and that the official currently possesses the oharocter, in0aghty, moral fitneos, and competence to be registered. In granting reinstatement, the Board of Directors may place the officia on probation for a defined period of time and under conditions deemed appropriate by the Board of Directors. 32 Section 7. Suspension. The Board of Directors authorizes the Executive Director to suspend from the Iist of registered sports officie|u, for a period determined to be appropriate by the Executive Diredo,, in the applicable sport(s), any person: A. Who repeatedly violates or cancels contracts with PIAA member schools or repeatedly alters proposed contracts without the consent of the other contracting party, or B. Who is charged with any felony of the first, oecond, or third degree or misdemeanor ofthe first degree, or C. Who pursues a course of action which is detrimental to the welfare of P|AA, its membera, student-ath|ebeo, and/or other registered sports officials, or D. Who fails to cooperate with PIAA in any investigation, Or E. Whose conduct on or off the competition surface is not conducive to the best interests and/or purposes of PIAA, or F. Who fails to comply with PIAA regulations pertaining to sports officials, and/or with decisions of the Executive Director or Board of Directors relating to the official, or G. Who has been suspended for misconduct by a national amateur or professional athletic organization or a state high school association that recognizes and/or registers sports officials, or H. Who, while on probation hanein, engages in conduct defined in Section 8 below that would be additional grounds for probation, or 1. Who has been determined to have been biased and/or palpably unfair in decisions in a Contest, or J. Who repeatedly fails to file with the PIAA Office, within twenty-four (24) hours foliowing the completion of the Contest, a report of disqualification of a Coach and/or contestant under ARTICLE XIII, PENALT|ES, Section 8, Disqualification from Next Contest(s), of the PIAA By -Laws. NOTE: The offenses identified in Section 1-111(e) currently include: (1) criminal homicide; (2) aggravated assault; (3) stalking; (4) kidnapping; (5) unlawful restraint; (6) luring a child into a motor vehicle or structure; (7) rape; (8) statutory sexual assault; (9) involuntary deviate sexual intercourse; (10) sexual assault; (11) institutional sexual assault; (12) aggravated indecent assault; (13) indecent assault; (14) indecent exposure; (15) sexual intercourse with an animal; (16) incest; (17) concealing death of a child; (18) endangering the welfare of children; (19) offenses dealing with infant children; (20) prostitution and related offenses; (21) obscene and other sexual materials and performances; (22) corruption of minors; (23) sexual abuse of children; (24) unlawful contact with a minor; (25) solicitation of minors to traffic drugs; and (26) sexual exploitation of children. The Iist further iricludes (1) equivalent or similar crimes under federal law or of another ntate. United States territory, the District of Columbia, a foreign nation, or urider a former law of the Commonwealth of Pennsylvania, and (2) a felony offense under the Controlled Gubstanoe, Drug, Device, and Cosmetic Act. This list may be modihad, eduomd, or expanded by Act of the General Assembly. The list of offenses in effect at the time of violation by the sports official shall be applicable to proceedings to remove or suspend that sports official. Section 8. Probation. The Board of Directors authorizes the Executive Director to place on probation and exclude from eligibility for assignments to District or Inter -District Championship Contests, for a period determiried to be appropriate by the Executive Diroctn,, in the applicable sport(s), any registered sports official: A. Who violates or cancels a contract with a PIAA member school or alters a proposed contract without the consent of the other contracting party, or 2013-2014 B. Who fails to wear the required uniform, or C. Who fails to cooperate with PIAA in any investigation, or D. Whose conduct on or off the competition surface is not conducive to the best interests and/or purposes of PIAA, or E. Who fails to comply with PIAA regulations pertaining to sports officials and/or with decisions of the Executive Director or Board of Directors relating to the official, or F. Who has been placed on probation for misconduct by a national amateur or professional athletic organization or a state high school association that recognizes and/or registers sports officials, or G. Who has been accused of being biased and/or palpably unfair in decisions in a Contest, or H. Who fails to file with the PIAA Office, within twenty-four (24) hours following the completion of the Contest, a report of disqualification of a Coach and/or contestant under ARTICLE XIII, PENALTIES, Section 8, Disqualification from Next Contest(s), of the PIAA By -Laws. INTERPRETATION The use of the official's standard uniform is mandatory. Section 9. Accelerated Rehabilitative Disposition (ARD) A suspension imposed on an official pursuant to Section 7B of this ARTICLE will be lifted upon the official providing certification of his/her completion of an Accelerated Rehabilitative Disposition (ARD) program disposing of all the charges. ARTICLE XVI SEASON AND OUT -OF -SEASON RULES AND REGULATIONS Section 1. Guidelines. Consistent with the concept that interscholastic athletics are a part of the educational system, and consistent with the established goals of health, safety, and sportsmanship, the following guidelines for out -of -season regulations are set forth: 1. The basic responsibility of all administrators and athletic Coaches is to provide students who are participating in interscholastic athletics with a worthwhile, educational experience. 2. All sports have a defined -season, and no sport may operate to the detriment of any other sport. 3. All students should have the opportunity to participate in as many interscholastic athletic experiences as is reasonably possible. Section 2. Rules and Regulations. Each sport has a defined -season which includes the first Practice day, the first Inter -School Practice or Scrimmage day, the first Regular Season Contest day, the last Regular Season Contest day, the District Deadline, the dates for PIAA Championships, the maximum number of Regular Season Contests and the maximum number of Regular Season Inter - School Practices or Scrimmages. All PIM member schools must comply with the defined -season established for each sport. Within each defined -season, PIM member schools may sponsor sports Teams which compete against other PIAA member schools or schools that follow all PIM Policies and Procedures and Rules and Regulations. A. Out -of -Season Activities. Outside of the defined -season for sports: 1. PIM member schools may not sponsor Teams in that sport; 2. PIM member schools, Coaches and/or students of PIAA member schools may be involved with sports activities such as training programs, recreational activities, Open Gyms, clinics, and camps provided that any participation by Coaches and/or students is as private citizens and is voluntary as described below; CONSTITUTION 3. Coaches and/or students acting as private citizens, and on a voluntary basis, may participate on Teams that are not affiliated with PIAA member schools during the out -of - season period. Coaches and other PIAA member school personnel may not require a student to participate in a sport or a training program for a sport outside of the PIAA-defined sport's season. The participation of students in any sports activity that occurs outside of its defined season must be voluntary; and 4. The school's name, nickname, interscholastic athletic uniform, interscholastic athletic equipment, and interscholastic athletic health/first-aid supplies may not be used by community organizations and groups. The school's name, nickname and interscholastic athletic uniforms may not be used by students; however, the Principal, with the exception of football equipment, may permit students to use the school's interscholastic athletic equipment and the school's interscholastic athletic health/first-aid supplies. B. Conclusion of Regular Season. Except as provided below, all activity in a sport, including Practice, must terminate by the last Regular Season Contest day in that sport unless the Team is entered into District or Inter - District Championship Contests. If the Team is entered into those Championship Contests, all activity in the sport must terminate on the day of elimination from such Championship Contests. With the approval of the District Committee, Regular Season Contests which have been postponed may be rescheduled and played between the last Regular Season Contest day in that sport and the District Deadline in that sport. For purposes of the immediately preceding sentence, the date of playing of the last such postponed Regular Season Contest constitutes the last Regular Season Contest day in that sport. C. Football. The following sport -specific rules modify the provisions otherwise set forth in this ARTICLE. To the extent any other provision in this ARTICLE is inconsistent with this Section, this Section controls. 1. For purposes of this Section, "Physical Contact" means blocking and/or tackling. "Physical Contact" does not include contact with blocking and/or tackling dummies, shields, and/or sleds; and/or minimum risk "form" blocking or tackling. 2. Students who engage in Physical Contact at football camps and/or during clinics and/or drills, or similar or comparable functions or activities, and/or during Practices, Inter -School Practices, Scrimmages, and/or Contests, outside the PIAA-defined football season are ineligible to participate in interscholastic football for a period of up to one year from the date of such participation. Coaches assisting and/or supervising in Physical Contact by students from PIAA member schools, outside the PIAA- defined football season are ineligible to Coach interscholastic football at any PIM member school for a period of up to one year from the date of such conduct. 3. Outside the PIAA-defined football season, the Principal may permit students of the Principal's school to use the school's helmets, shoulder pads, and shoes for non - Physical Contact skill related instruction supervised by school -approved adults or at instructional camps. This provision is to promote student safety in football -related activities that do not include Physical Contact. 4. In recognition of the unique circumstances within those PIAA member schools that are absent of any junior high/middle school interscholastic football program, students enrolled in and attending those member schools in grades 7 and 8 may annually participate in the out -of -season 33 BY-LAWS 2013-2014 interscholastic football program organized and operated as National Football League (NFL) Junior Player Development. A student's participation shall be limited to a maximum of two weeks per year. 5. Nothirig in this Section shall prevent any student from participating, up through the completion of 8' grade, on community based non -school affiliated youth fall football programs through December 31"` of the same calendar year. D. Competitive Spirit. Competitive spirit was adopted by the PIAA Board of Directors, effective July 1, 2012, as an opportunity to expand competitive opportunities for girls. Because of the unique elements of competitive opirit, application of certain PIAA By - Laws is not practical. To the extent inconsistent with the ho||owing. then, other PIAA By -Laws are waived: 1. Season. Competitive spirit has no defined season. Competitive spirit squads may not Practice or participate in any Inter -School Practice, Scrimmage, and/or Contest on more than six days in any Calendar Week. Within that |imitoVon, they may participate in Practices, Inter -School Practices, Scrimmagos, and/or Contests at any time and at the discretion of the Principal of the competitive spirit squad's member school. There is no maximum number of Inter -School Practices, Scrimmages, and/or Contests in which a competitive spirit squad may participate. 2. Contest Officials. Competitive spirit judges do not register with PIAA. They are retained by the Tournament organizers under standards set by the Tournament organizers. 3. PIAA Championships. Annual Competitive Spirit Championships shall be held by PIAA at a date and Iocation to be determined by the PIAA Board of Directors. PIAA may license a third party to organize and manage said Championships. 34 Section 3. Reporting of and Procedure for Alleged Violations. Atteged violation(s) of PIAA Season or Out -of -Season Rules and Regulations shall be reported and addressed as foltows: 1. Any person may report a violation via the PIAA form entitled "Report of Alleged Violation(s) of PIAA Season or Out -of -Season Rules and Regulations". The form must be signed by the complainant, Where the complainant is a PIAA member ochoo|, the form must be signed by the Principal or Athletic Director. The form must be submitted to the District Committee of the District having jurisdiction over the school altegedly committing the violation. 2. Upon the receipt of a properly completod and signed forrn, the Chairman of the District Committee or executive staif of the District shall mail a copy of the forni to the Principal of the school allegedly involved. The Principal of the involved school shall have twenty-one (21) calendar days in which to respond, in ",rihng, to the alleged violation(s) and to report the actions, if any, the Principal has taken concerning the alleged violation(s). 3. The District Committee shall consider the report of the Principal and determine whether the report fully addresses the alleged violation(s) and satisfies all PIAA interests and concerns. 4. If the District Committee determines that the report of the Principal fully addresses the alleged violation(s) and satisfies all PIAA interests and connerno, it shall close the matter. If the District Committee determines that the report does not fully address the alleged violation(s) and/or does not satisfy all PIAA interests and concema, it shall conduct a hearing upon the alleged violation(s). 5. If the District Committee finds that there was a violation(s) of this ARTICLE, the offending school will be subject to any of the penalties described in ARTICLE XIII, PENALTIES, Sections 2 through 7, of the PIAA By -Laws. 2013-2014 CONSTITUTION TABLES OF LABOR DAY OCCURRENCES LABOR DAY OCCURRENCES FIRST PRACTICE DATE OF FALL SPORTS FIRST INTER -SCHOOL PRACTICE OR SCRIMMAGE DATE OF FALL SPORTS FIRST REGULAR SEASON CONTEST DATE OF FALL SPORTS FIRST REGULAR SEASON CONTEST DATE OF FALL SPORTS (Golf, Girls' Tennis, Cross Country, Girls' Volleyball, Water Polo, Field Hockey, Soccer, and Football) Monday, September 1 Monday, September 2 Monday, September 3 Monday, September 4 Monday, September 5 Monday, September 6 Monday, Se .tember 7 LABOR DAY OCCURRENCES Monday, August 11 Monday, August 12 Monday, August 13 Monday, August 14 Monday, August 15 Monday, August 16 Monday, Au . ust 17 FIRST PRACTICE DATE OF WINTER SPORTS (Rifle, Bowling, Indoor Track, Girls' Gymnastics, Wrestling, Swimming and Diving, and Basketball) Monday, Monday, September 1 November 17 Monday, Monday, September 2 November 18 Monday, Friday, September 3 November 16 Monday, Friday, September 4 November 17 Monday, Friday, September 5 November 18 Monday, Friday, September 6 November 19 Monday, Friday, Se .tember 7 November 20 LABOR DAY OCCURRENCES (Golf) Thursday, August 14 (Girls' Tennis, Cross Country, Girls' Volleyball, Water Polo, Field Hockey, Soccer, and Football) Saturday, August 16 Thursday, Saturday, August 15 August 17 Thursday, Saturday, August 16 August 18 Thursday, Saturday, August 17 August 19 Thursday, Saturday, August 18 August 20 Thursday, August 19 Saturday, August 21 Thursday, Saturday, Au • ust 20 Au • ust 22 FIRST INTER -SCHOOL PRACTICE OR SCRIMMAGE DATE OF WINTER SPORTS (Golf) (Girls' Tennis) Thursday, Monday, August 14 August 18 Thursday, Monday, August 16 August 19 Thursday, Monday, August 16 August 20 Thursday, Monday, August 17 August 21 Thursday, Monday, August 18 August 22 Thursday, Monday, August 19 August 23 Thursday, Monday, Au • ust 20 Au: ust 24 FIRST REGULAR SEASON CONTEST DATE OF WINTER SPORTS (Rifle, Bowling, Indoor Track, Girls' Gymnastics, Wrestling, Swimming and Diving, and Basketball) Saturday, November 22 Saturday, November 23 Friday, November 23 Friday, November 24 Friday, November 25 Friday, November 26 Friday, November 27 (Rifle and Bowling) Monday, December 1 Monday, December 2 Monday, December 3 Monday, December 4 Monday, December 5 Monday, December 6 Monday, December 7 (Cross Country, Girls' Volleyball, Water Polo, Field Hockey, Soccer, and Football) Friday, August 29 Friday, August 30 Friday, August 31 Friday, September 1 Friday, September 2 Friday, September 3 Friday, Se •tember 4 FIRST REGULAR SEASON CONTEST DATE OF WINTER SPORTS (Indoor Track, Girls' Gymnastics, Wrestling, Swimming and Diving, and Basketball) Friday, December 5 Friday, December 6 Friday, December 7 Friday, December 8 Friday, December 9 Friday, December 10 Friday, December 11 FIRST PRACTICE DATE OF SPRING SPORTS FIRST INTER -SCHOOL PRACTICE OR SCRIMMAGE DATE OF SPRING SPORTS FIRST REGULAR SEASON CONTEST DATE OF SPRING SPORTS FIRST REGULAR SEASON CONTEST DATE OF SPRING SPORTS (Boys' Tennis, Track and Field, Boys' Volleyball, Girls' Spring Soccer, Lacrosse, Baseball, and Softball) Monday, Monday, September 1 March 2 Monday, September 2 Monday, September 3 Monday, September 4 Monday, March 3 Monday, March 4 Monday, March 6 Monday, Monday, September 6 March 6 Monday, Monday, September 6 March 7 Monday, Monday, September 7 March 8 NOTES: (Boys' Tennis, Track and Field, Boys' Volleyball, Girls' Spring Soccer, Lacrosse, Baseball, and Softball) Saturday, March 7 Saturday, March 8 Saturday, March 9 Saturday, March 10 Saturday, March 11 Saturday, March 12 Saturday, March 13 (Boys' Tennis) Monday, March 9 Monday, March 10 Monday, March 11 Monday, March 12 Monday, March 13 Monday, March 14 Monday, March 16 (Track and Field, Boys' Volleyball, Girls' Spring Soccer, Lacrosse, Baseball, and Softball) Friday, March 20 Friday, March 21 Friday, March 22 Friday, March 23 Friday, March 24 Friday, March 25 Friday, March 26 1. In the school years in which the first Practice date of the winter sports season occurs on the Friday immediately before the week of Thanksgiving, rather than on the Monday of the week of Thanksgiving, the first Inter -School Practice or Scrimmage date of the winter sports' season occurs on the Friday immediately following Thanksgiving. 2. February has 29 days in the following calendar "leap" years: 2016, 2020, 2024, 2028, 2032, 2036, 2040, 2044, 2048, 2052, 2056, 2060, 2064, and so on. 3. In calendar years in which February has 29 days ("Leap Year"), the first Practice date of the spring sports' season will occur one (1) date earlier, except in 2032, 2060 and every twenty-eight (28) years thereafter, when the first Practice date of the spring sports' season will be Monday, March 8, 2032, 2060 and every twenty-eight (28) years thereafter. 35 BY-LAWS 2013-2014 TABLE I — Schedule of Fall Sports The schedule of fall sports listed below is effective for all PIAA member schools. Junior high/middle schools may elect to follow this schedule for each sport, or they may elect to follow an altemate schedule for each sport. If junior high/middle schools elect to follow an altemate schedule, they may not reduce the minimum length of Preseason Practice in each sport and they may not exceed the maximum length of Regular Season in each sport. Fall Sports Golf Girls' Tennis Cross Country First Practice Day Minimum Length of Preseason Practice (See NOTE 1) See Table 3 days within of Labor Day 1 week Occurrences See Table of 5 days within Labor Day 1 week Occurrences See Table of 15 days within Labor Day 3 weeks Occurrences Girls' See Table of 15 days within Volleyball/ Labor Day 3 weeks Water Polo Occurrences Field See Table of Hockey Labor Day Occurrences 15 days within 3 weeks Soccer See Table of 15 days within Labor Day 3 weeks Occurrences Football See Table of 15 days within Labor Day 3 weeks Occurrences Maximum First Number of Inter -School Regular Season Practice or Inter -School Scrimmage Day Practices or (See NOTE 2) Scrimmages 4th Day of 2 Fall Sports' Season 6e Day of 2 Fall Sports' Season 6th Day of 2 Fall Sports' Season 6th Day of 2 Fall Sports' Season 6th Day of 2 Fall Sports' Season 6th Day of 2 Fall Sports' Season 6th Day of 2 Fall Sports' Season First Maximum Regular Length Season of Contest Regular Day Season 4' Day of 8 weeks Fall Sports' Season tilth Day of 10 weeks Fall Sports' Season 19th Day of 8 weeks Fall Sports' Season Maximum Last Number of Regular Regular Season PIAA Season Contest DistricV PIAA Contests Day Region Championships (See NOTES 3 & 4)(See NOTE 6)Deadline Deadline 18 18 (See NOTE 6) 16 19th Day of 9 weeks 22 (See NOTE 7) Fall Sports' Season (See NOTE 9) 19th Day of 9 weeks 18 Fall Sports' Season 19th Day of 9 weeks 18 Fall Sports' Season 62" Day of 62" Day of 76th Day of Fall SportsFall Sports' Fall Sports' Season Season Season 76th Day of 76th Day of 83`4 Day of Fail Sports' Fall Sports' Fall Sports' Season Season Season 76th Day of 76th Day of 83'd Day of Fall Sports' Fall Sports' Fall Sports' Season Season Season 83r° Day of 83'd Day of 90th Day of Fall Sports' Fall Sports' Fall Sports' Season Season Season 83"' Day of 83rd Day of 97th Day of Fall Sports' Fall Sports' Fall Sports' Season Season Season 83rd Day of 83'd Day of 97th Day of Fall Sports' Fall Sports' Fall Sports' Season Season Season 19th Day of 9 weeks 10 (See NOTE 8) 83rd Day of 97th Day of 125th Day of Fall Sports' Fall Sports' Fall Sports' Fall Sports' Season Season Season Season NOTES: 1. ARTICLE XII, Section 2 (the "Six Day Rule") continues to apply. 2. The first Inter -School Practice or Scrimmage may be held after the fifth (5th) day of Practice. 3. With the exception of invitationals and/or Tournaments sponsored by at least one PIAA member school and involving only PIAA member schools, and conference or league championship Tournaments, all Regular Season invitationals and/or Tournaments in all sports involving individual athletes and/or Teams must be approved by PIAA at least four (4) weeks or twenty (20) business days prior to the first day of competition. 4. With District Committee approval, Contests that are required to be played in order to determine qualifiers to District Championship Contests and/or Contests that are required to be played to determine a conference or league champion do not count toward the maximum number of Regular Season Contests in that sport and must be played by the District Deadline in that sport. 5. Individual athletes and/or Teams that have qualified for District Championship Contests and have concluded participation in their Regular Season Contests are permitted to engage in an unlimited number of Inter -School Practices or Scrimmages in the sport involved until the individual athletes and/or Teams are eliminated from District or Inter -District Championship Contests, 6. A PIAA member school is permitted to participate in a maximum of eighteen (18) Regular Season tennis Contests based on the following method of counting Regular Season tennis Contests: a. One (1) Contest for each dual match or abbreviated matches involving no more than 4 Teams utilizing either a three standard six -game set or reduced play match. b. Two (2) Contests for each triangular match or abbreviated matches involving no more than 7 Teams utilizing either a three standard six -game set or reduced play match. c. Three (3) Contests for each quadrangular match or abbreviated matches involving at least 8 Teams utilizing either a three standard six -game set or reduced play match. 7. A PIAA member school is permitted to participate in a maximum of twenty-two (22) Regular Season girls' volleyball and water polo Contests based on the following method of counting Regular Season girls' volleyball and water polo Contests: a. One (1) Contest for each dual match. b. Two (2) Contests for each triangular match or for each one -day Toumament. c. Three (3) Contests for each quadrangular match. d. Four (4) Contests for each two-day Tournament; and two (2) additional Contests for each additional day of a Tournament. 8. A maximum of ten (10) Regular Season football Contests may be played at the same level (varsity, junior varsity, or otherwise) of competition. With District Committee approval, member senior high schools may play one (1) or two (2) additional Regular Season varsity football Contests. 9. With PIAA Board of Directors' approval, Contests that are required to be played in order to determine regional qualifying and state championships in the sport of water polo do not count toward the maximum number of Regular Season Contests in that sport and must be played by the last Regular Season Contest day in that sport. INTERPRETATIONS October 5, 1984, as amended January 29, 2005. If a school receives a forfeit from an opponent, the school receiving the forfeit may schedule another Regular Season Contest in lieu of the forfeited Contest. The school must then use the results of the played Contest, rather than the forfeit, for its record. The forfeiting school must still record a loss by forfeit. October 5, 1984. The minimum length of Preseason Practice that PIAA requires in each sport applies to the Team, not each individual participant in the sport. Once a Team has completed the minimum length of Preseason Practice required in a sport, whether or not an athlete who has completed less than that amount of Preseason Practice in the sport may participate is a matter left to the discretion of the PIAA member school. 36 2013-2014 CONSTITUTION TABLE II - Schedule of Winter Sports The schedule of winter sports listed below is effective for all PIAA member schools. Junior high/middle schools may elect to follow this schedule for each sport, or they may elect to follow an alternate schedule for each sport. If junior high/middle schools elect to follow an altemate schedule, they may not reduce the minimum length of Preseason Practice in each sport and they may not exceed the maximum length of Regular Season in each sport. Maximum Maximum Last Minimum First Number of First Maximum Number of Regular Length of Inter -School Regular Season Regular Length Regular Season PIRA First Preseason Practice or Interschool Season of Season Contest District/ PIAA Practice Practice Scrimmage Day Practices or Contest Regular Contests Day Region Championships Day (See NOTE 1) (See NOTE 2) Scrimmages Day Season (See NOTES 3 & 4) (See NOTE 5)Deadline Deadline Winter Sports Rifle Indoor Track Girls' Gym- nastics See Table of 10 days within Labor Day 2 weeks Occurrences 6h Day of 2 Winter Sports' Season See Table of 15 days within 6°' Day of 2 Labor Day 3 weeks Winter Sports' Occurrences Season See Table of 15 days within 6°1 Day of 2 Labor Day 3 weeks Winter Sports' Occurrences Season Bowling See Table of 10 days within 6th Day of 2 Labor Day 2 weeks Winter Sports' Occurrences Season Competitive N/A Spirit N/A Wrestling See Table of 15 days within Labor Day 3 weeks Occurrences Swimming See Table of 15 days within and Labor Day 3 weeks Diving Occurrences Basketball See Table of 15 days within Labor Day 3 weeks Occurrences N/A N/A 6'" Day of 2 Winter Sports' Season 6'" Day of 2 Winter Sports' Season 6th Day of 2 Winter Sports' Season 15th Day of Winter Sports' Season 19th Day of Winter Sports Season 19°1 Day of Winter Sports Season 15°i Day of Winter Sports Season N/A 19°i Day of Winter Sports Season 19°i Day of Winter Sports Season 19`" Day of Winter Sports Season 11 weeks 16 (See NOTE 7) 90°i Day of Winter Sports' Season 12 weeks 16 (See NOTE 7) 104"' Day of Winter Sports' Season 12 weeks 16 (See NOTE 7) 104t Day of Winter Sports' Season 16 weeks 22 (See NOTE 7) 125°i Day of Winter Sports' Season N/A N/A N/A 69'" Day 76`" Day of Winter of Winter Sports' Sports' Season Season 11 weeks 22 (See NOTE 6) 97t Day 97th Day 111th Day of Winter of Winter of Winter Sports' Sports' Sports' Season Season Season 11 weeks 18 97°i Day 104'" Day 116"' Day of Winter of Winter of Winter Sports' Sports' Sports' Season Season Season 11 weeks 22 97th Day 104t Day 125°1 Day of Winter of Winter of Winter N/A N/A N/A N/A N/A N/A N/A N/A Sports' Sports' Sports' Season Season Season NOTES: 1. ARTICLE XII, Section 2 (the "Six Day Rule") continues to apply. 2. The first Inter -School Practice or Scrimmage may be held after the frfth (5th) day of Practice. 3. With the exception of invitationals and/or Tournaments sponsored by at least one PIAA member school and involving only PIAA member schools, and conference or league championship Tournaments, all Regular Season invitationals and/or Tournaments in all sports involving individual athletes and/or Teams must be approved by PIAA at least four (4) weeks or twenty (20) business days prior to the first day of competition. 4. With District Committee approval, Contests that are required to be played in order to determine qualifiers to District Championship Contests and/or Contests that are required to be played to determine a conference or league champion do not count toward the maximum number of Regular Season Contests in that sport and must be played by the District Deadline in that sport. 5. Individual athletes and/or Teams that have qualified for District Championship Contests and have concluded participation in their Regular Season Contests are permitted to engage in an unlimited number of Inter -School Practices or Scrimmages in the sport involved until the individual athletes and/or Teams are eliminated from District or Inter -District Championship Contests. 6. A PIAA member school is permitted to participate in a maximum of twenty-two (22) Regular Season wrestling Contests based on the following method of counting Regular Season wrestling Contests: a. One (1) Contest for each dual meet. b. Two (2) Contests for each triangular meet or each individually or Team bracketed Tournament involving no more than 8 Teams, pursuant to NFHS Wrestling Rule 10, Conduct of Tournaments, Section 3, Toumament Brackets. c. Three (3) Contests for each quadrangular meet, each individually or Team bracketed Tournament involving at least 9 Teams, pursuant to NFHS Wrestling Rule 10, Conduct of Toumaments, Section 3, Tournament Brackets, and each one -day Multiple School (Dual) Event or Individual Pool Event d. Multiple day Combination Tournament competition points and/or multiple day Multiple School (Dual) Event competition points are the aggregate of b and/or c herein. e. All of the foregoing must be compliant with NFHS Wrestling Rule 1, Competition, Section 4, Representation, Article 2, which provides for no wrestler to represent that wrestler's school in more than one weight class in any meet or compete in more than five matches (championship or consolation), in any one day, 7. With PIAA Board of Directors' approval, Contests that are required to be played in order to determine regional qualifying and state championships in the sports of rifle, indoor track, girls' gymnastics, and bowling do not count toward the maximum number of Regular Season Contests in those sport and must be played by the last Regular Season Contest day in those sport. INTERPRETATIONS December 13, 2012. Individual divers may participate in a Maximum Number of Regular Season Diving Competitions (18). Note: Where dual meet swimming competitions are held without contesting diving, divers may participate in other diving events/invitations, so long as their individual participation does not exceed 18 competitions. October 5, 1984, as amended January 29, 2005. If a school receives a forfeit from an opponent, the school receiving the forfeit may schedule another Regular Season Contest in lieu of the forfeited Contest. The school must then use the results of the played Contest, rather than the forfeit, for its record. The forfeiting school must still record a loss by forfeit. October 6, 1984. The minimum length of Preseason Practice that PIAA requires in each sport applies to the Team, not each individual participant in the sport. Once a Team has completed the minimum length of Preseason Practice required in a sport, whether or not an athlete who has completed less than that amount of Preseason Practice in the sport may participate is a matter left to the discretion of the PIAA member school. 37 BY-LAWS 2013-2014 TABLE III — Schedule of Spring Sports The schedule of spring sports listed below is effective for all PIAA member schools. Junior high/middle schools may elect to follow this schedule for each sport, or they may elect to follow an alternate schedule for each sport. If junior high/middle schools elect to follow an altemate schedule, they may not reduce the minimum length of Preseason Practice in each sport and they may not exceed the maximum length of Regular Season in each sport. Spring Sports Boys' Tennis Track and Field First Practice Day See Table of Labor Day Occurrences Maximum Minimum First Number of Length of Inter -School Regular Season Preseason Practice or Inter -School Practice Scrimmage Day Practices or (See NOTE 1) (See NOTE 2) Scrimmages 5 days within 6`" Day of 2 1 week Spring Sports' Season See Table of 15 days within 6th Day of 2 Labor Day 3 weeks Spring Sports' Occurrences Season Boys' See Table of 15 days within 6th Day of 2 Volleyball Labor Day 3 weeks Spring Sports' Occurrences Season Lacrosse See Table of 15 days within 6th Day of 2 Labor Day 3 weeks Spring Sports' Occurrences Season Baseball See Table of 15 days within 6th Day of 2 Labor Day 3 weeks Spring Sports' Occurrences Season Softball See Table of 15 days within 6th Day of 2 Labor Day 3 weeks Spring Sports' Occurrences Season First Maximum Regular Length Season of Contest Regular Day Season 8th Day 10 weeks of Spring Sports' Season 19 ' Day B weeks of Spring Sports' Season Maximum Last Number of Regular Regular Season PIAA Season Contest District/ Contests Day Region (See NOTES 3 & 4) (See NOTE 5)Deadline 18 (See NOTE 6) 16 19th Day 9 weeks 22 (See NOTE 7) of Spring Sports' Season 19th Day 9 weeks 18 of Spring Sports' 19th Day 10 weeks 20 of Spring Sports' Season 19th Day 10 weeks 20 of Spring Sports' Season 76th Day of Spring Sports' Season 76th Day of Spring Sports' Season 83rd Day of Spring Sports' Season 83rd Day of Spring Sports' Season 90°i Day of Spring Sports' Season 90th Day of Spring Sports' Season PIAA Championships Deadline 76th Day 83rd Day of Spring of Spring Sports' Sports' Season Season 76th Day 83rd Day of Spring of Spring Sports' Sports' Season Season 83rd Day 90th Day of Spring of Spring' Sports' Sports' Season Season 83rd Day 97th Day of Spring of Spring Sports' Sports' Season Season 90th Day 104th Day of Spring of Spring' Sports' Sports' Season Season 90th Day 104th Day of Spring of Spring' Sports' Sports' Season Season NOTES: 1. ARTICLE XII, Section 2 (the "Six Day Rule") continues to apply. 2. The first Inter -School Practice or Scrimmage may be held after the fifth (5th) day of Practice. 3. With the exception of invltationals and/or Tournaments sponsored by at least one PIAA member school and involving only PIAA member schools, and conference or league championship Tournaments, all Regular Season invitationals and/or Tournaments in all sports involving individual athletes and/or Teams must be approved by PIAA at least four (4) weeks or twenty (20) business days prior to the first day of competition. 4. With District Committee approval, Contests that are required to be played in order to determine qualifiers to District Championship Contests and/or Contests that are required to be played to determine a conference or league champion do not count toward the maximum number of Regular Season Contests in that sport and must be played by the District Deadline in that sport. 5. Individual athletes and/or Teams that have qualified for District Championship Contests and have concluded participation in their Regular Season Contests are permitted to engage in an unlimited number of Inter -School Practices or Scrimmages in the sport involved until the individual athletes and/or Teams are eliminated from District or Inter -District Championship Contests. 6. A PIM member school is permitted to participate in a maximum of eighteen (18) Regular Season tennis Contests based on the following method of counting Regular Season tennis Contests: a. One (1) Contest for each dual match or abbreviated matches involving no more than 4 Teams utilizing either a three standard six -game set or reduced play match. b. Two (2) Contests for each triangular match or abbreviated matches involving no more than 7 Teams utilizing either a three standard six -game set or reduced play match. c. Three (3) Contests for each quadrangular match or abbreviated matches involving at least 8 Teams utilizing either a three standard six -game set or reduced play match. 7. A PIAA member school is permitted to participate in a maximum of twenty-two (22) Regular Season boys' volleyball Contests based on the following method of counting Regular Season boys' volleyball Contests: a. One (1) Contest for each dual match. b. Two (2) Contests for each triangular match or for each one -day Tournament. c. Three (3) Contests for each quadrangular match. d. Four (4) Contests for each two-day Tournament: and two (2) additional Contests for each additional day of a Tournament. INTERPRETATIONS October 5, 1984, as amended January 29, 2005. If a school receives a forfeit from an opponent, the school receiving the forfeit may schedule another Regular Season Contest in lieu of the forfeited Contest. The school must then use the results of the played Contest, rather than the forfeit, for its record. The forfeiting school must still record a loss by forfeit. October 5, 1984. The minimum length of Preseason Practice that PIRA requires in each sport applies to the Team, not each individual participant in the sport. Once a Team has completed the minimum length of Preseason Practice required in a sport, whether or not an athlete who has completed less than that amount of Preseason Practice in the sport may participate is a matter left to the discretion of the PIAA member school. 38 2013-20* CONSTITUTION ARTICLE XVII CERTIFICATION OF CONTESTANTS Section 1. Information to be Furnished. The Principa must certify to the eligibility of aIL contestants in accordance with the Constitution and By -Laws of PIAA. Such oto0omento, including name of studont, public school district in which the student moideo, date of birth, age on last birthday, date of enrollment for current school year, number of semesters of attendance beyond the eighth grade including the present semester, number of seasons of competition beyond the sixth grade including the present season, and the certified minimum wrestling weight, if applicable, must be presented in writing to the Principal of the opponent school or schools on either the official PIAA Certificate of Eligibility form or by electronic transmission at least four days prior to every Contest. Section 2. Information to be Furnished in Case of Dispute. When the eligibihty of a contestant is questioned, the Principal of the school in question must furnish to the District Committee or to the Board of Directors all data required to establish the contestant's eligibility. The District Committee or the Board of Directors may require this information to be in the form of affidavits. A school which does not furnish these data shafl be denied championship rights and may be excluded from Contests with PIAA members. ARTICLE XVIII OFFICIAL RULES FOR SPORTS Official rules for various sports shall be as foliows except where such rules conflict with rules now or hereafter adopted by the PIAA Board of Directors. In cases of such oonflioL, the rules odopteg, changed or modified by the Board of Directors shall apply. Section 1. Official rules for various sports shall be those published by the National Federation of State High School Associations (NFHS). In those sports where there is no rules publication by NFH8, the rules shall be those adopted, changed or modified by the PIAA Board of Directors. ARTICLE XIX JUNIOR HIGH /MIDDLE SCHOOLS (Junior High/Middle School 7th, 8th, and 9th Grade Competition Wherever Housed) Preamble The entire Constitution and By'Lawm. Policies and Procedures and Rules and Regulations of PIAA govern both senior and junior high/middle schools. However, this ARTICLE XIX sets forth additional provisions which apply to junior high/middle schools only. Interscholastic competition at the junior high/middle school level of competition is intended by PIAA to be directed toward development of general athletic and sport specific oki||e, as well as exposing students to proper concepts of teamwork, oportomanohip, and the long term benefits to individuals of participation iri athletic activities. Accordingly, playoffs and the holding of championship Contests are discouraged. Section 1. Age. A. A student of a junior high/middle school wherein interscholastic athletic competition is limited to grades seven and eight is ineligible to compete in an Inter -School Practice, Scrimmage,Contest upon attaining the age of fifteen years, with the following exceptions: 1. If the age of 15 is attained on or after Juty 1, the student is e|igible, oge-wuo, to compete through that school year. 2. If the age of 16 is attained on or after July 1, the student is eligible, age -wise, to compete with students in the ninth grade. B. A student of a junior high/middle schoo embracing the 7th, 8th and 9th grades is ineligible to compete in an Inter - School Practice, Scrimmage, or Contes ntar-Schun|Praudon.8ormmege.nrCuntes upon attaining the age of sixteen years; except, ifthe age ot 16 is attained on or after July 1, the student is eligible, age -wise, to compete through that school year. C. A student in the lOth grade of a junior high/middle school embracing the 7th, 8th, 9th and 10th grades is ineligible to compete in an Inter -School Practice, Scrimmage, or Contest upon attaining the age of seventeen years; except, if the age of 17 is attained on or after July 1, the student is eligible, age - wise, to compete through that school year. Qe'wioe.kocompetethmughthatonhun|year. D. Where a junior high/middle school embracing grade 10 competes with a junior high/middle school not enrolling students above grade S. then Section 1B above applies to both schools. Section 2. Eligibility of Seventh, Eighth, and Ninth Grade Students to Participate in Senior High School Interscholastic Athletics. A. Students in the 7th or 8th grade who have not attained the age of fifteen years before July 1, and students in the 9th grade who have participated in one season in that sport during that school year, may neither Practice nor compete with students in the 10th, 11th or 12th grades. Students in the 7th or 8th grade who have attained the age of fifteen years before July 1 and students in the 9th grode, who have not participated in one season in that sport during that school year, may, with written approval of the high school Principal and the junior high/middle school Phnuipo|. Practice with, participate in a maximum of two Inter -School Practices or Scrimrnages, and compete with students in grades 10, 11 and 12. The option to compete at the senior high school level of competition (grades 10'12) or at the junior high/middle school level of competition (grades 7-9) is exercised when the student participates in a Contest. If the student first participates in a junior high/middle school Contest, the student is committed to that level of competition in the sport involved for the entire school year. If the student first participates in a senior high school Contest, the student is committed to that level of competition in that sport for the entire school year. If the student does not participate in a Contes,, the option to compete at the junior high/middle school level of competition or senior high school level of competition must be exercised not later than 21 days after the student begins Practice. Once this option is exnrcised, it may not be changed in that sport for the entire school year. INTERPRETATION Section 2A. October 1, 1994; as amended May 22, 1996. A student as to whom the option to participate at eithethe senior high school level of competition or the junior high/middle school level of competition has been exercised, who thereafter Transfers to another school, begins at the transferee school as if the option had not been exercised. B. Students enrolled in the ninth grade may participate on a senior high schooTeam under the foliowing conditions: 1. The sport is not sponsored by the junior high/middle school. 2. The student is ine?igible for junior high/middle school competition because of age regulations; or. 3. The student is under the sixteen -year age regulation but is ineligible to represent the junior high/middle school because the student has had one season of participation in the ninth grade. 39 BY-LAWS 203-204 C. Ifo student is enrolled in both junior high/middle school and senior high school classes in a junior -senior high anhoo|. the student is considered as a member of the senior high school as soon as the student carries at least half of the student's work in the senior high school. 0. Students of Junior HighlMiddle Schools Embracing the Tenth Grade. 1. Students of the tenth grade of a junior high/middle school embracing the seventh, eighth, ninth, and tenth grades are eligible to compete ori senior high school Teams within the same public school district, pmvidad, howmver, that the decision as to whether they shall represent the senior high school or the junior high/middle school must be made at the beginning of each sport season and announced by the Principal. J. Before a student enrolled in the ninth or tenth grade of a separately organized junior high/middle school may represent a senior high school of the same public school district in interscholastic athletic oompagition, under the provisions of these ru|eo, the junior high/middle school where the student is enrolled must becorne a member of PIAA. 3. No student may represent both a junior high/middle school and senior high school during the same sport season In cases where it is decided that tenth grade students of a junior high/middle school embracing the seventh, eighth, ninth, and tenth grades shall participate on senior high school Teamo, the eligibility of such students must be certified by the junior high/middle school Principal to the senior high school Principal, in accordance with the PIAA By -Laws. E. Limitation. 1. A student enrolled in a junior high/middle school who is permitted by this Section to participate on a senior high school Team may do so only on a senior high school Team of the school in which students who have completed the academic program in that junior high/middte school would enroll at the time the student begins to participate on the senior high school Team 2. A student enrolled in a senior high school who is permitted by this Section to participate on a junior high/middle school Team may do so only on a junior high/middle school Team of the school in which junior high/middle school students from the student's attendance area would enroll at the time the student begins to participate on the junior high/middle school Team. Section 3. Period of Participation. A. No student is eIigibe for Practice for or participation in interscholastic athletics prior to entry into seventh grade. B. No junior highlmidde school student may Practice for or participate in any sport for more seasons than there are grades included in the onhon, nor may a student Practice for or participate in any sport for more than three seasons in grades seven through nine, inclusive. INTERPRETATION Section 3B. February 4, 1984. "Grades included in the school" does not include any grades below the seventh grade. 40 C. A student may Practice for and participate in only one season in each sport during the time the studenis enrolled in the ninth grade of a junior highfmiddle school. D. A studenentering a schooin the second semester and playing part seasons in the same sport in separate schoo years, is considered as paying the equivalent of one season in that sport. INTERPRETATION December 28, 1961; as amended January 30, 2009. Junior high/middle schools may not participate in Practices, Inter -School Practices, Scrimmages, and/or Contests with senior high schools because senior high schools cannot meet junior high/middle schools eligibility requirements. Section 4. Season and Out -Of -Season Rules and Regulations The Season and Out -Of -Season Rules and Regulations set forth under ARTICLE XVI of the PIAA By -Laws contain schedules of fall, winter, and spring sports, which apply to all PIAA member schools. Junior high/middle schools may elect to follow the respective schedules of fall, winter, and spring sports; or they may elect to follow an alternate schedule for each sport. If junior high/middle schools elect to follow an alternate schedule, they may not reduce the minimum length of Preseason Practice in any sport and they may not exceed the maximum length of Regular Season in any sport. Section 5. Certification of Contestants. A. The eligibility of all contestants representing a junior high/middle school must be certified to by the Principal of the school in accordance with the PIAA By -Laws. Such statements, including the name of student, public school district in which the student resides, date of birth, age on last birthday, date of enrollment for current school year, number of semesters of attendance beyond the eighth grade including the present semester, number of seasons of competition beyond the sixth grade including the present season, and the certified minimum weight classification for wrestling, must be presented in writing to the Principal of the opponent school or schools on the official form entitled "PIAA Junior High/Middle School Certificate of Eligibility" at least four days prior to every Contest. B. If disputes arise, the Principal must furnish to the District Committee the following data in regard to each contestant: Date of birth, father's name, mother's maiden name, date of enrollment for current school year, semesters of attendance including the present semester, showing the semesters spent in each gnedo, seasons of competition including the present season, showing the number of seasons of competition in each grade, the average mark in each study from the beginning of the current semester, and such further information as the District Committee might require. A school which does not furnish these data may be excluded from Contests with PIAA members. Section 6. Contests Rules Standards for Junior High/Middle Schools Interscholastic Athletic Competition. The foliowing represents the maximum Contests rules standards for junior high/middle schools interscholastic athletic 20/3-201* CONSTITUTION Max. No. of Max. No. of Grade Scrimmages Contests BASEBALL 7 7 innings 2 20 8 7 innings 7-8 7 innings 7-8-9 7inningo 9 7 innings Conhanonono, leaguee, and/or participating anhoo|o, by mutual agreement pnor to the start of a Cunhest, may decide not to play extra innings in the event of a tie score. BASKETBALL 7 4 - Six (6) minute quarters 2 22 8 4 - Six (6) minute quarters 7-8 4 - Six (6) minute quarters 7-8-9 4 - Eight (8) minute quarters 9 4 - Eight (8) minute quarters Conferences, |uogueo, and/or participating ochoo|o, by mutual agreement prior to the start of a Cun0emt, may decide not to play extra periods in the event of a tie score. CROSS COUNTRY 7 3200 meters 2 16 8 3200 meters 7-8 3200 meters 7'8'9 3200 meters 9 3200 meters FIELD HOCKEY 7 2 - Thirty (30) minute halves 2 18 8 2'Thirty (30) minute halves 7-8 2'Thirty (3O)minute halves 7-8-9 2'Thirty (3O)minute halves 9 2'Thirty (3O) minute halves Overtime periods are not permitted at the junior high/middle school level of competition. FOOTBALL 7 4 - Eight (8) minute quarters 2 10 8 4 - Eight (8) minute quarters 7-8 4' Eight (8) minute quarters 7-8-9 4 - Ten (10) minute quarters 9 4 - Ten (10) minute quarters Overtime periods are not permitted at the junior high/middle school level of competition. GOLF 7 B 7-8 7-8-9 9 9 Holes 9 Holes 9 Holes 9 Holes 9 Holes 2 18 Conferences, schools, mutual agreement prior to the start of a Contest, may decide not to conduct a playoff in the event of a tie score, BOYS' LACROSSE 7 4 - Eight (8) minute quarters 2 18 8 4 Eight (8) minute quarters 7-8 4 - Eight (8) minute quarters 7-8-9 4 - Ten (10) minute quarters � 4 - Ten (10) minute quarters Conferences, |eagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may decide not to play overtime periods in the event of a tie score. GIRLS' LACROSSE 7 2'Thirty (30)minute halves 2 18 8 2 - Thirty (30) minute halves 7'8 2'Thirty (30)minute halves 7-8-9 2 Thirty (30) minute haives 9 2'Thirty (5O) minute halves Confeenmes, leagues, and/or participating anhools, by mutual agreement prior to the start of a Contest, may decide not to play overtime periods in the event of a tie score. Max. No. of Max. No. uf Grade Scrimmages Contests SOCCER 7 2'Thirty (8O)minute halves 2 18 8 2'Thirty (3O)minute halves 7-8 2 - Thirty (30) minute halves 7-8-9 2 - Thirty (30) minute halves 9 2'Thirty (5O)minute halves Overtime periods are not permitted at the junior high/middle school evel of competition. SOFTBALL 7 7 Innings 2 20 8 7 Innings 7-8 7 Innings 7-8-9 7 Innings 9 7 Innings Conferences, |eogueo, and/or participating uohoo|o, by mutual agreement prior to the start of a Contest, may decide not to play extra innings in the event of a tie score. SWIMMING AND DIVING None 2 18 TENNIS None 2 18 TRACK AND FIELD Track Events and Order of Competition 2 16 (7th, 8th and 9th Grade Giris and Boys) 3200 m Relay 400 m Relay 100 m Hurdles 300 m Hurdles (Girls: 10'35^ Hurdles) (Girls: 8'30^ Hurdles) 110 m Hurdles (Boys: 8-33" Hurdles) (Boys: 10-367 Hurdles) 800 m Run 1ODmDash 200mDash 1600 m Run 3200 m Run 400 m Dash 1600 m Relay NOTE: The distance, number of and height of hurdles in all hurdle events are maximums and may be modified by conferences or leagues or by mutual agreement of participating schools. Field Events (7th, 8th and 9th Grade Giris and Boys) High Jump Pole Vault Long Jump Triple Jump Shot Put (Girls' shot shall weigh 6 lbs. [2.744 kg].) (Boys' shot shall weigh 8 Ibs., 13 ozs[4 kg].) Discus Throw (The discus shall weigh 2 lbs., 3.27 ozs. [1 kg] and have the hollowing minimum and maximum dimensions: Diameter 7 1/8 7 1/4 ins. [180-182 mm] with a thickness of 1 1/2 15/8ins. [3T'8Smm] atthe center and 1/2 - 1/4 in. [12-6mm] from the outer edge which shall be rounded with a radius of 1/4 in. [6 mm8. The discus shall have a core 2 ins. [50 mm].) Javelin Throw (The javelin shall meet all IAAF specifications for girls' competition.) 41 BY-LAWS 2013-2014 TRACK AND FIELD (Continued) Participation Limitations 7th, 8th, and 9th grade students may compete in a maximum of four events, including relays. Conferences, |eogueo, and/or participating oohon|o, by mutual agreement prior to the start of a Contest, may delete track and/or field events but may not add and/or modify track events (except hurdle events) and/or field events or modify the order of track events. Max. No. of Max. No. of Grade Scrimmages Contests VOLLEYBALL 7 Best 3 -out -of -5 -game rally 2 22 scoring format match 8 Best 3'out-uf-5'gomerally scoring format match 7-8 Best 3 -out -of -5 -game rally scoring format match 7-8-9 Best 3 -out -of -5 -game rally scoring format match 9 Best 3'out-of-5'gamarally scoring fomiat match Conferences, |eagueu, and/or participating oohoo|o, by mutual agreement prior to the start of a Cnnhaot, may modify the match format. WRESTLING 7'8'9 A student is permitted to 2 22 wrestle up one weight classification above that for which the student's actual stripped weight qualifies that student to wrestle. Junior High/Middle School weight classifications are: 75 lbs 105 lbs 145 lbs 80 lbs 110 lbs 155 lbs 85 lbs 115 lbs 165 lbs 90 lbs 122 lbs 185 lbs 95 lbs 130 lbs 210 lbs 100 lbs 138 lbs 250 lbs Length of bouts shall be four and one-half minutes divided into 3periods of1>6 min. - 11/2 min. 1% min. Confenancae, leagueo, and/or participating schoolsby mutual agreement prior to the start of a Contes, may decide not to wrestle an overtime period in the event of a tie bout score, Section 7. Inter -District Championship Contests. There shall be no Inter -District Championship Contests for junior high/middle schools nor shall junior high/middle school students compete in Inter -District Championship Contests, except that tenth grade students of a four-year junior high/middle school may participate as representatives of their school in District and Inter -District Championship Contests. Further, aaventh, eighth, and ninth grade students competing at the senior high school eveI shall, for purposes of this rule, be considered to be in the senior high school. ARTICLE XX AMENDMENTS Section 1. Majority Approval Necessary. Amendments to these By -Laws must be approved by a two-thirds majority of the PIAA Board of Directors. Section 2. Non -Substantive Amendments. The Executive Director is authorized to make technical, typographioo|, upeUing, and grammatical changes to the PIAA By -Laws, Policies and Procedures, and/or Rules and Regulations in order to assure editorial continuity with substantive changes approved by the Board of Directors, and to delete provisions which have become obsolete. 42 GLOSSARY ALTERNATIVE SCHOOL: A school formed as a result of a special program jointuna, as established by the School Boards of two or more public school districts and approved by the Pennsylvania Department of Education, which enrolls high- risk students or students who previously dropped out. ATHLETIC DIRECTOR: The individual having direct supervisory responsibility of interscholastic athletics at a school. ATHLETIC EVENT: PIM member schools may participate in four types of Athletic Events: (1) Practice; (2) Inter -School Practice; (3) Scrimmage; or (4) Contest. Each of these terms is defined in this GLOSSARY. ATHLETIC PERSONNEL: A Coach, Athletic Dinador, or other employee or representative of a school's athletic deportmon1. Toem(o), or sports program regardless of whether such person is in a paid or voluntary capacity. AUTHORIZED MEDICAL EXAMINER: A licensed physician of medicine or osteopathic medicine, a physician assistant msrtified, or either a certified registered nurse practitioner or a school nurse pnooLidoner, who is under the supervision of a licensed physician of medicine or osteopathic medicine. BOARO OF APPEAL: A panel composed of at least five- memhano of the Board of Directors convened pursuant to ARTICLE Vil of the PIAA Constitution. BOARD OF DIRECTORS: The Board of Directors of the Pennsylvania Interscholastic Athletic Association, Inc. CALENDAR WEEK: Sunday through Saturday CHARTER SCHOOL: An independent public mohno|, which is organized as a non-profit corporation, estabtished and operated under a charter from the Iocal School Board. COACH: A person (including volunteer high school alumni, professional athietes, and citizens of the community) engagad, either for an entire season or any part thereof, by a school to provide Coaching to a Team. COACHING: The provision of inotmcUnn, troining, uondhioning, and/or direction to a Team, for the purpose of developing athletic abilities and skills. COMBINATION TOURNAMENT: A Multiple School (Dual) Event in each of the NFHS weight classes in which individuals initially move from round to round as an interscholastic wrestling Team (pools) or advance based on Team results culminating in the wrestlers' placement on an individual bracket with advancement from that point based on individual results. CONSIDERATION: Consideration consists of cash, items which are the equivalent of cash, items which are a representation of value, and items which have iritrinsic value other than those permitted under Section 3 of ARTICLE 11. CONTEST: An event in which individual students or Teams represent their schools in an athletic competition against individual students or Teams representing one or more other onhoo|s, which does not meet the definition of an Inter - School Practice or a Scrimmage. ntepSuhov|PnomicenreOcnmmage. CYBER CHARTER SCHOOL: An independent public eohnu|, which is organized as a non-profit oonponotion, established and operated under a charter from the Department of Education, in which the school uses technology to provide a significant portion of its curriculum and to deliver a significant portion of instruction to its students through the Internet or other electronic means. DISTRICT: An incorporated or unincorporated entity responsible for the administration of interscholastic athletics within the jurisdictior, as provided for in ARTICLE V, Section 1, of the PIAA Constitution. 2013-2014 CONSTITUTION DISTRICT CHAMPIONSHIP CONTEST: A Contest conducted under the jurisdiction of a District Committee, which is necessary to determine an individual or Team champion in a sport. DISTRICT COMMITTEE: A (1) Board of Directors of an incorporated District or (2) a Committee whose composition is defined by ARTICLE IX, Section 1, of the PIAA Constitution and whose powers and duties are defined by ARTICLE IX, Section 3, of the PIAA Constitution. DISTRICT COMMITTEE REPRESENTATIVE: A person elected to the Board of Directors pursuant to ARTICLE VI, Section 2A, of the PIAA Constitution. EMANCIPATED STUDENT: A student living independently of parents or guardians. Whether a student is to be considered emancipated is a factual question to be determined by the students school based upon the totality of circumstances. FEEDER SCHOOL: Elementary, junior high and/or middle schools, which are the primary sources of students for a particular senior high school, to be determined as follows: A. For a public school district having a single senior high school, those public junior high and/or middle schools located within the geographic boundaries of that public school district. B. For a public school district having multiple senior high schools, the districts policies governing assignment of students shall determine which public junior high and/or middle schools are Feeder Schools for its constituent senior high schools. Where there is no policy of assignment or there is open enrollment, a public junior high and/or middle school is considered a Feeder School of a particular public senior high school if at least 25% of the students currently attending the public senior high school matriculated from that junior high school and/or middle school. C. For a Private senior high School, those Private elementary, junior high, and/or middle Schools which are identified by the Private senior high School as its Feeder School(s). No Private School may be a Feeder School for more than one Private senior high School, excepting that a Private junior high and/or middle School may be designated a Feeder School simultaneously for (1) an all male Private senior high School; (2) an all female Private senior high School; and/or (3) a co-educational Private senior high School. A Private School may be a Feeder School for additional all male, all female, and co-educational Private senior high Schools if an average of at least 25% of the alumni of the Feeder School, who enrolled in a Private senior high School over the most recent three year period, enrolled at each of the applicable Private senior high Schools. HEARING PANEL: A panel composed of at least five - members of a District Committee convened pursuant to ARTICLE IX of the PIAA Constitution. HOME -SCHOOLED STUDENT: A student participating in a home education program under Section 1327.1 of the Public School Code of 1949. INTER -DISTRICT CHAMPIONSHIP CONTEST: A Contest conducted under the jurisdiction of the PIAA Office, which is necessary to determine an individual or Team champion in a sport. INTER -SCHOOL PRACTICE: All of the following elements must be present for a school to consider an Athletic Event with other schools as an Inter -School Practice: 1. The involved schools must agree, in advance of the Athletic Event, that the Athletic Event will be an Inter - School Practice rather than a Scrimmage or Contest. 2. No admission fee is charged. 3. The Teams participate only in conditioning exercises and/or limited and closely controlled drills. 4. The Teams are dressed in Practice uniforms only, 5 No score may be displayed or recorded. 6. The results of the Inter -School Practice shall not be counted as a part of the involved Teams' season win and loss records. Any Athletic Event involving two or more schools must be considered a Scrimmage or Contest unless it meets all of the criteria listed above. JUNIOR VARSITY: A non -Varsity level of interscholastic competition in a sport sponsored by a senior high school. This level is to be distinguished from Varsity and junior high/middle school competition. MAGNET SCHOOL: A school designed to provide an academic focus on a particular theme (e.g. science/math, liberal arts, performing arts, gifted/talented, or foreign language). MULTIPLE SCHOOL (DUAL) EVENT: Contests involving three (3) or more Teams of students representing their schools in interscholastic Team wrestling competition. NATURAL BREAK TRANSFER: A Transfer occurring when the student: 1. has completed the highest grade of a public junior high/middle school and is thereupon promoted by the public school district to a public senior high school in the same public school district; 2. has completed the highest grade of a public or Private junior high/middle School and has enrolled in a Private senior high School; 3. has enrolled in the lowest grade of a public senior high school, after having completed the previous grade at a Private junior high/middle School; and/or 4. has enrolled in the lowest grade of a Private senior high School, after having completed the previous grade at a public junior high/middle school. OPEN GYM: PIAA member school use of its gymnasium and/or other athletic facilities by (1) all students of the school, (2) all residents of the public school district, and/or (3) the public -at -large. PERSONAL PRIVATE INFORMATION: Information about an individual, or an individual's family, not generally known to the community, including but not limited to information relating to a person's academic, health, disciplinary and delinquency history, financial condition, domestic circumstance, family and personal relationships, substance abuse, and/or potentially illegal conduct. PIAA: The Pennsylvania Interscholastic Athletic Association, Inc. PIAA OFFICE: The PIAA headquarters, currently located at 550 Gettysburg Road, P.O. Box 2008, Mechanicsburg, PA, 17055-0708. POSTSEASON: The period of time between the last Regular Season Contest day and the PIAA Championships deadline of a sport, inclusive of District and Inter -District Championship Contests. PRACTICE: An Athletic Event involving one PIAA member school at which no other school is present. PRESEASON: The period of time between the first Practice day and the first Regular Season Contest day of a sport, inclusive of the first Scrimmage or Inter -School Practice day in that sport. PRINCIPAL: The individual responsible to PIAA, pursuant to ARTICLE X, LOCAL MANAGEMENT AND CONTROL, Section 1, Responsibility of Principal, of the PIAA Constitution, for all matters pertaining to the interscholastic athletic relations of the Principal's school. In a public school, the Principal is the person holding a certificate issued by the Department of 43 BY-LAWS 2013-2014 Education as a Principal and who is appointed by the School Board in accordance with Public School Code as Priacipal of the school. In a Private School, the Principal is the persn designated or appointed by the Board having jurisdiction over the school to have compreheasive responsibility for the day-to- dayday operations of the Private School PRIVATE SCHOOL: A nonb|i h i PRIVATE SCHOOL'S SCHOOL DISTRICT: Each Private Guhoo|, including each Private senior high School's Feeder Schools, shali have its own "schoot district." Regard!ess of the location of its Feeder Gohon|o, the geographic boundaries of the Private senior high School's "school district" are considered the boundaries of the public school district in which it is geographically located. The Private School's school district and the public schoo district are separate school districts. RECEIVING SCHOOL: A school which receives Transfer students frorn any other schooi. REGULAR SEASON: The period of time between the first Regular Season Contest day and the Iast Regular Season Contest day of a sport, exclusive of District and Inter -District Championship Contests. REGIONAL PANEL: A panel composed of three - members from each of the contiguous D|otricts, pursuant to ARTICLE Vill of the PIAA Constitution. SCHOOL BOARD: The Board of Directors for a public school district. SCRIMMAGE: All of the following elements mustbe present for a school to consider an Athletic Event with other schools as a Scrimmage: 1. The involved schools musagree, in advance of the Athletic Event, that the Athletic Event will be a Scrimmage rather than an Inter -School Practice or Contest. 2. No admissiori fee is charged. 3. The head Coaches of the involved Teams may stop the activity at any time to provide instruction or to make substitutions. 4. There are no restrictions concerning the number of times a player/contestant enters or leaves the Scrimmage. 5. No score may be displayed or recorde. G. The results of the Scrimmage may not be counted as a part of the involved Teams' season win and loss records. Any Athletic Event involving two or more schools must be considered an Inter -School Practice or Contest unless it meets all of the criteria Iisted above. STUDENT WITH A DISABILITY: A student who has a physical or mental condition which substantially limits or prohibits participation in or access to an aspect of the students program. TEAM: A school -sponsored organization which (1) consists of one or more students eligible under these By -Laws to represent that school in Inter -School Practices, Scrimmages, and/or Contests; and (2) participates in Inter -School Practices, Scrimmages, and/or Contests under PIAA jurisdiction. This is inclusive of a competitive spiritoquod. TECHNOLOGY SCHOOL: A school that provides either, a total educational program and services for both specialized career and technical education and academic education, or an educational program and services for only specialized career and technical education TERMINATING SCHOOL: A school which cea000, primarily for budgetary reasons, to sponsor one or more of its Teams. TOURNAMENT: Competition involving Teams or individual students representing three (3) or more schools in which the Teams or individual students, as representatives of oohon|o, are competing for a championship (first place) and other places. TRANSFER: Any situation in which a student seeks eligibility to participate in interscholastic athletics at a school other than the one at which the student was either enrolled or otherwise eligible. VARSITY: The highest level of interscholastic competition in a sport sponsored by a senior high school. This level is to be distinguished from Junior Varsity and junior high/middle school competition. NOTE: The following regulations, statutory p,pvkaionm, and professional baseball agreement are not part of the Constitution and By -Laws. They are printed here solely for the convenience of persons using this Handbook. PENNSYLVANIA STATBOARD OF EDUCATION REGULATION Athletic Programs (d) Students of both sexes shall have equal access in interscholastic and intramural athletic programs to all of the following. (1) School facilities. (4) Number of activities at each levo|n,00mponiom. (2) Coaching and instruction, (5) Equipment, supplies u services. (3) Scheduling of Practice time and Contests. (6) Funding appropriate 10 the sport. (e) School districts may sponsor coeducational Teams in interscholastic and intramural sports programs. (f) Interscholastic and intramural Teams playing contact sports may be separated by sex, but this subsection may not be used to exclude students of either sex from participating in a sport. PENNSYLVANIA LAW PROVISIONS AFFECTING ATHLETIC ELIGIBILITY OF STUDENTS USING ANABOLIC STEROIDS Pennsylvania Act 1989-93 requires the School Board in every Pennsylvania school district to prescribe, adopt, and enforcrules and regulationto prohibit the use of anabolic steroids, except for a valid medical purpose,oyunymuuom|mm*eomonxuol-e|amuumletioo. The Act also requires the School Board to prescribe the following minimum penalties for any student found in violation of the rules and regulations adopted by the School Board: 1. For a first violation, suspension from school athletics for the remainder of the season. 2. For osecond violation, suspension from school athletics for the remainder of the season and for the following season. n. For a third violation, permanent suspension from school athletics. A student who has been suspended for violation of the School Board regulations shall not be eligible to resume participation in school athletics unless there has been a medical deterrnination that no residual evidence of steroids exists. The penalties which the law requires School Boards to adopt are minimum penalties. More severe penalties may be adopted by individual school districts, and the actual penalties may therefore vary from school district to school district. 2013-2014 CONSTITUTION AGREEMENT BETWEEN PROFESSIONAL BASEBALL AND THE NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS (NFHS) MAJOR -MINOR LEAGUE RULE 3 (h) (H) High School Players. 1. No student of a high school shall be signed to a contract by a Major or Minor League club during the period the student is eligible for participation in high school athletics. In any instance where such eligibility has expired prior to the student's graduation from high school (a) because of the student's age; or (b) because the student has completed the maximum number of semesters of attendance, the student may thereafter be signed to a contract which does not obligate the student to report for service prior to graduation of the class with which the student originally entered high school, i.e., until eight semesters after the student's original entry into the ninth grade. 2. A student who drops out of high school prior to expiration of the student's athletic eligibility and continues to remain out for at least one year may thereafter be signed to a contract for immediate service provided the student's withdrawal from high school was not suggested, procured, or otherwise influenced by the club contracting with the student, or by any official or employee of such club or of any of its affiliates. 3. Nothing herein shall be construed as prohibiting any Major or Minor League club, its officers, agents, or employees from talking to any high school student at any time concerning a career in professional baseball and discussing the merits of the student's contracting, when eligible therefore, with any particular club. 4. "Tryouts" to which students may be invited may be conducted during the school year, provided that (1) no student shall be permitted to participate in any such tryout unless the Principal of the student's high school, if not employed by a Major or Minor League club, shall have approved such participation in writing, and (2) provided further, that any such tryout must be limited to not more than five high school students. 5. Any contract made in violation of this rule shall be declared null and void and the offending club (and any club owned by or affiliated with such club) shall be prohibited from signing such player for a period of three years from the date of declaration of voidance of such contract. In addition, such club shall be fined $500, by the Commissioner in the case of a Major League club, or by the President of the National Association in the case of a Minor League club, and the official, scout, or employee of the offending club who participated in the violation shall be subject to such penalty as the Commissioner or the President of the National Association, as the case may be, shall impose. 6. This rule shall apply to all high school students in the (50) states of the United States of America, and shall not apply to high school students attending high schools outside the said 50 states of the United States of America. PIAA APPLICATION FOR SCHOOL MEMBERSHIP In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Application for School Membership." Application for membership in PIAA shall be made by submitting this application to the District Committee of the PIAA District in which the school is geographically located. Each PIAA Application for School Membership shall be signed by the Principal and shall be accompanied by the annual dues and a resolution of approval executed by the School Board or the Board having jurisdiction over the applicant school. The resolution shall state that, in all matters pertaining to interscholastic athletic activities, the school shall be governed by the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. Membership in PIAA becomes effective the next following July 1st after the school's application receives the approval of the PIAA Board of Directors. SUPPLEMENT TO PIAA APPLICATION FOR SCHOOL MEMBERSHIP INVOLVING PIAA MEMBER PRIVATE SENIOR HIGH SCHOOLS In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Supplement to PIAA Application for School Membership Involving PIAA Member Private Senior High Schools." An application for a Private junior high/middle School membership incorporating more than one school shall be made in writing to the District Committee of the PIAA District in which the Private senior high School houses its 9th grade students. Each application for such a Private junior high/middle School membership shall be signed by the Principal of the member Private senior high School and (a) in the case of Catholic schools under Archdiocesan or Diocesan jurisdiction, by the Archdiocesan or Diocesan Superintendent of Schools, or (b) in the case of other Private senior high Schools, by the Superintendent or by the President of the Board having jurisdiction over the member Private senior high School. The Private junior high/middle School membership in PIAA shall become effective the next following July 1st after the Private junior high/middle School's application receives the approval of the PIAA Board of Directors. PIAA MEMBER SCHOOL REQUEST FOR COOPERATIVE SPONSORSHIP OF A SPORT FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Member School Request for Cooperative Sponsorship of a Sport Form." Pursuant to the provisions of ARTICLE III, ATTENDANCE, Section 11, Cooperative Sponsorship of a Sport, of the PIAA By -Laws, this Form, with all applicable attachments, must be submitted by 1) all PIAA member senior high schools participating in the agreement for a request for approval of a Cooperative Sponsorship of a Sport agreement and/or 2) all PIAA member junior high/middle schools, which are NOT located in the same public school district, participating in the agreement for a request for approval of a Cooperative Sponsorship of a Sport agreement; and each participating school must include a check in the amount of $50, payable to PIAA, to cover processing and handling costs. Where such an agreement would affect the classification size of a PIAA member senior high school Team, the Form must be submitted by November 1st of any odd -numbered year to the PIAA District Committee having jurisdiction over the school, to be considered for the immediately following two-year reclassification cycle. PIAA MEMBER SCHOOL REQUEST FOR DECISION ON ATHLETIC ELIGIBILITY FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Member School Request for Decision on Athletic Eligibility Form." In all situations in which a determination of eligibility of a student is needed, the Principal of the school should complete that Form and forward it, together with the student's transcript and attendance records, to the PIAA District Committee having jurisdiction over that school. PIAA MEMBER SCHOOL ATHLETIC TRANSFER WAIVER REQUEST FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIM Member School Athletic Transfer Waiver Request Form." Pursuant to ARTICLE Vi, TRANSFERS, RESIDENCE, AND RECRUITING, Section 4, Regional Panel or District Committee Review, of the PIAA By - Laws, the Principal of a PIAA member school to which a student transferred, who is not otherwise eligible under Section 2, Presumptive Eligibility, subsections A through G, may request a waiver of ARTICLE VI, Section 3, Ineligible Students, from, as applicable under the circumstances, either a Regional Panel or the District Committee having jurisdiction over that Principal's school by (1) completing Sections 1 and 2 of that Form; (2) having the student's parent(s) or guardian(s) complete and sign Section 3 of that Form; (3) thereafter completing and signing either Section 4A or 4B of that Form; (4) routing that Form to the Principal of the school from which the student transferred, for that Principal to complete and sign either Section 5A or 5B; (5) having that Principal return that Form to the Principal of the PIAA member school to which the student transferred; and (6) then submitting that completed and properly executed Form to, as applicable under the circumstances, either a Regional Panel or the District Committee having jurisdiction over the Principal's school to which the student transferred, for either that Regional Panel's or District Committee's consideration. 45 BY-LAWS 2013-2014 PIAA COMPREHENSIVE INITIAL PRE -PARTICIPATION PHYSICAL EVALUATION (CIPPE) FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Comprehensive Initial Pre -Participation Physical Evaluation (CIPPE) Form." INITIAL EVALUATION: Prior to any student participating in Practices, Inter -School Practices, Scrimmages, and/or Contests, at any PIAA member school in any school year, the student is required to (1) complete a Comprehensive Initial Pre -Participation Physical Evaluation (CIPPE); and (2) have the appropriate person(s) complete the first six Sections of the CIPPE Form. Upon completion of Sections 1 and 2 by the parent/guardian; Sections 3, 4, and 5 by the student and parent/guardian; and Section 6 by an Authorized Medical Examiner (AME), those Sections must be turned in to the Principal, or the Principal's designee, of the student's school for retention by the school. The CIPPE may not be performed earlier than June 1st and shall be effective, regardless of when performed during a school year, until the next May 31st. SUBSEQUENT SPORT(S) IN THE SAME SCHOOL YEAR: Following completion of a CIPPE, the same student seeking to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests in subsequent sport(s) in the same school year, must complete Section 7 of this form and must turn in that Section to the Principal, or Principal's designee, of his or her school. The Principal, or the Principal's designee, will then determine whether Section 8 need be completed. PIAA FOREIGN EXCHANGE STUDENT / INTERNATIONAL STUDENT ELIGIBILITY AGREEMENT In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Foreign Exchange Student/International Student Eligibility Agreement." ARTICLE VII, FOREIGN EXCHANGE STUDENTS, INTERNATIONAL STUDENTS, AND FOREIGN STUDENTS, of the PIAA By -Laws, provides for the eligibility for interscholastic athletics of a Foreign Exchange Student, who is defined as a student who is (1) in the United States (US) on a US Department of State -issued J-1 visa; (2) a participant in a program that has been recognized by the US Department of State, and has been accepted for listing by the Council on Standards for International Educational Travel (CSIET); (3) assigned to a host family by a method that ensures that no student, or the student's parents, school, or other interested party materially influences that assignment in some way for an athletic purpose; and (4) not selected or placed on any basis relating to the student's athletic abilities or interests. ARTICLE VII, FOREIGN EXCHANGE STUDENTS, INTERNATIONAL STUDENTS, AND FOREIGN STUDENTS, of the PIM By -Laws, also provides for the eligibility for interscholastic athletics of an International Student, who is defined as a student who is (1) in the United States (US) on a US Immigration and Naturalization Service -issued F-1 visa; and (2) enters the US for reasons that are not materially motivated in some way by an athletic purpose. Neither Foreign Exchange Students nor International Students may reside with any member of a school's paid or voluntary coaching staff, who coaches a sport or sports in which the student will participate; and both must (1) meet the requirements of ARTICLE I (the Age Rule), ARTICLE II (the Amateur Rule), and ARTICLE V (the Comprehensive Initial Pre -Participation Physical Evaluation [CIPPE] Rule) of the PIAA By -Laws, and (2) be in full- time attendance at a PIAA member school. A Foreign Exchange Student or International Student becomes eligible for a period of one year at the PIAA member school which the student attends upon the determination of the PIAA District Committee having jurisdiction over that school that (1) the student is a Foreign Exchange Student or International Student as defined above; and (2) the student and the host parents, on behalf of the student, have executed and submitted to the District Committee the official "PIAA Foreign Exchange Student/International Student Eligibility Agreement", and required accompanying documents (applicable visa and completed PIAA CIPPE Form), by which the student and the host parents, on behalf of the student, each agrees that the student's eligibility to participate in interscholastic athletics at any PIAA member school shall end at the conclusion of the student's one-year of eligibility. CONTRACT FOR CONTESTS UNDER PIAA RULES In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Contract for Contests Under PIAA Rules." Except where scheduling is done by or pursuant to the authority of the District Committee, all schools shall enter into either paper or electronic contracts for all Contests in which they participate. All contracts must be on the official contract form entitled "Contract for Contests Under PIAA Rules", or an equivalent electronic version thereof. SUPPLEMENT TO CONTRACT FOR CONTESTS UNDER PIAA RULES INVOLVING NON-PIAA MEMBER SCHOOLS In the Forms Section of the PIAA Handbook is an official PIM form entitled "Supplement to Contract for Contests Under PIAA Rules Involving Non- PIAA Member Schools." Except where scheduling is done by or pursuant to the authority of the District Committee, all schools shall enter into either paper or electronic contracts for all Contests in which they participate. All contracts must be on the official contract form entitled "Contract for Contests Under PIAA Rules", or an equivalent electronic version thereof. Where the opponent is not a member of PIAA, the school shall also enter into a supplement to either a paper or an electronic contract on the official form entitled "Supplement to Contract for Contests Under PIAA Rules Involving Non - PIM Member Schools", or an equivalent electronic version thereof. CONTRACT FOR OFFICIALS UNDER PIAA RULES In the Forms Section of the PIM Handbook is an official PIM form entitled "Contract for Officials Under PIAA Rules." All PIAA member schools shall enter into either paper or electronic contracts on the official contract form entitled "Contract for Officials Under PIAA Rules", or an equivalent electronic version thereof, with all registered sports officials retained by the schools or assigned by an assignor. ASSIGNOR AGREEMENT In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Assignor Agreement." PIAA member schools and organized groups of member schools, which utilize the services of an assignor, are encouraged to enter into a written agreement with the assignor specifying the relationship with the assignor and the responsibilities of the assignor. The agreement can be modified to meet the specific circumstances as needed. REPORT OF ALLEGED VIOLATION(S) OF SEASON AND/OR OUT -OF -SEASON RULES AND REGULATIONS FORM In the Forms Section of the PIM Handbook is an official PIM form entitled "Report of Alleged Violation(s) of Season and/or Out -of -Season Rules and Regulations Form." Any person may report a season and/or out -of -season violation on that Form. The Form must be signed by the complainant. Where the complainant is a PIAA member school, the Form must be signed by the Principal or Athletic Director. The form must be submitted to the PIAA District Committee having jurisdiction over the PIAA member school allegedly committing the violation(s). PIAA APPLICATION FOR APPROVAL OF INVITATIONAL AND/OR TOURNAMENT In the Forms Section of the PIAA Handbook is an official PIM form entitled "PIRA Application for Approval of Invitational and/or Tournament". PIAA APPLICATION FOR SANCTION OF BORDERING STATE(S) ATHLETIC EVENT In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIRA Application for Sanction of Bordering State(s) Athletic Event". 2013-2014 PIAA ORDER FORM In the Forms Section of the PIM Handbook is an official PIM form entitled "2013-2014 PIAA Order Form." NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS (NFHS) APPLICATION FOR SANCTION OF INTERSTATE AND INTERNATIONAL ATHLETIC EVENTS SANCTIONING PROCEDURES In the Forms Section of the PIAA Handbook is an official NFHS form entitled "NFHS Application for Sanction of Interstate and International Athletic Events Sanctioning Procedures". 46 2013-2014 PIRA CONSTITUTION and BY-LAWS CONSTITUTION AND BY-LAWS CONSTITUTION Equal Opportunity Statement 1 Adherence to and Enforcement of PIAA Constitution 1 ARTICLE I Name 1 II Purposes 1 III Membership 1 IV Dues and Enrollment Report 2 V Organization and Authority 2 VI Board of Directors and Officers 3 VII Powers and Duties of Board of Directors and Officers 4 VIII Regional Panels 5 IX District Committees 5 X Local Management and Control 7 XI Liability and Indemnification 7 XII Amendments 8 XIII Administration 8 BY-LAWS Adherence to and Enforcement of PIAA By -Laws 11 PIAA Philosophy 11 Athletic Courtesy 11 Code of Ethics Pertaining to High School Athletics 11 ARTICLE I Age 12 11 Amateur Status and Awards 13 III Attendance 14 IV Consent of Parent or Guardian 16 V Health 17 VI Transfers, Residence, and Recruiting 17 VII Foreign Exchange Students, International Students, and Foreign Students 22 VIII Period of Participation 22 IX Representation 24 X Curriculum 25 XI Assumed Name 26 XII Athletic Relations 26 XIII Penalties 27 XIV Coaches 30 XV Officials 30 XVI Season and Out -of -Season Rules and Regulations 33 XVII Certification of Contestants 39 XVIII Official Rules for Sports 39 XIX Junior High/Middle Schools 39 XX Amendments 42 Glossary 42 The following regulations, statutory provisions, and professional baseball agreement are not part of the Constitution and By -Laws. Pennsylvania State Board of Education Regulations 44 Pennsylvania Law Provisions Affecting Athletic Eligibility of Students Using Anabolic Steroids 44 Agreement Between Professional Baseball and the National Federation of State High School Associations (NFHS) 45 2013-2014 CONSTITUTION CONSTITUTION EQUAL OPPORTUNITY STATEMENT The Pennsylvania Interscholastic Athletic Association, Inc, (PIAA) believes that all boys and girls should have equal opportunity to participate in all levels of interscholastic athletics regardless of race, color, sex, creed, religion or ethnic background. ADHERENCE TO AND ENFORCEMENT OF PIAA CONSTITUTION The initial responsibility for adherence to and enforcement of the PIAA Constitution by a PIAA member school, its students and its personnel rests with the Principal of that school. Notwithstanding this initial responsibility for compliance. (1) the Principal of any PIAA member school, by written request or complaint to the Chairman of the appropriate District Committee or PIAA Office, may allege or bring to the attention of PIM a violation of, or a failure to meet, applicable provisions of the PIAA Constitution by any person and/or member school, and (2) a District Committee or the Board of Directors may, on its own motion, enforce the PIAA Constitution in the absence of submission of the matter to it by the Principal of a PIAA member school. This portion of the Handbook contains the PIAA CunoUtudon, as in effect July 1, 2013. Any subsequent amendments for 2013- 2014 will appear on the PIAA Web site at www.piaa.orq. ARTICLE NAME The name of this Association is the Pennsylvania Interscholastic Athletic Association, Inc. (herein sometimes referred to as PIAA). ARTICLE II PURPOSES Section 1. Charitable Purposes. The purposes of PIAA are: A. Health. To organize, develop and direct an interscholastic athletic program which pmmoteo, pmtects, and conserves the health and physical welfare of alt participants. B. Education. To formulate arid maintain policies that safeguards the educational values of interscholastic athletics and cultivate the high ideals of good sportsmanship. C. Competition. To promote uniformity of standards in alt interscholastic athletic competition. In carrying out its purposes, PIM does not contemplate pecuniary gain or profit, incidental or otherwise. PIAA is incorporated exclusively for, and the nature of the activities to be conducted and the purposes to be promoted by PIAA exclusivel is for, charitable and educational purposes within the purview of Section 501(c)(8) of the Internal Revenue Code of 1986 ("Code"). In fulfIlling said purposes, PIAA may engage in any lawful activity which may be conducted on a not-for-profit basis by a Section 501(c)(3) organization. Section 2. No Inurement. No part of the net earnings of PIAA shall inure to the benefit of or be distributable to its directors, officers, or other private pensona, except that PIAA is authorized and empowered to pay reasonable compensation for services actually rendered and to make payments and distributions in furtherance of the purposes and objects set forth herein. No substantial part of the activities of PIAA shall be the carrying on of propaganda or otherwise attempting to influence legislation and PIAA may not participate or intervene in (inctuding the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this Constitution, PIAA shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt under Section 501(c)(3) of the Code, or corresponding provisions of any subsequent federal tax laws, or by an organization, contributions to which are deductibte under Section 170(c)(2) of the Code or corresponding provisions of any subsequent federal tax taws. ARTICLE III MEMBERSHIP Section 1. Members. All public high uchonb, intermediate schools, junior high schoo|a, and middle school which are accredited by the Pennsylvania Department of Education (PDE), and all Charter Schools and Private Schools within Pennsylvania, meeting PIAA's membership equiremonts, are etigibte for membership in PIAA. PIAA member schools must sponsor at least one Team. The membership of a member school which ceases to sponsor at least one Team shall terminate automatically at the conclusion of the then-currerit membership year, unless the school is a party to a vatid coritract under the Cooperative Sponsorship of a Sport Program, in which case its membership shalt terminate with termination of that agreement. INTERPRETATIONS Section 1. December 29, 1964. PIM wilt admit to membership intermediate high ouhuo|o, subject to the dues schedule of senior high auhno|a, unless are defined by PDE as junior high schools. Eligibility of students in such schools will be determined by the District Committee based on local situations. Section 1. May 23, 1952. PIAA recognizes as separate high schools those schools recognized as separate high schools by PDE. Section 2. Application for Membership. Application for membership in PIAA shall be made by submitting a PIAA Application for School Membership to the lJistrict Committee of the PIM District in which the school is geographically located. Each PIM Application for School Membership must be signed by the Principal and must be accompanied by the annual dues and a resolution of approval executed by the School Board or the Board having jurisdiction over the applicant school. The resolution must state that, in all matters pertaining to interscholastic athletic activities, the school shall be governed by the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. Applications for membership in PIAA shatt be approved by the appticabte District Committee and by the PIM Board of Directors if the criteria set forth in Sections 1 and 2 of this ARTICLE are met. Section 3. When Membership Becomes Effective. Membership in PIAA becomes effective the next following July 1a1 after the school's application is approved by the PIAA Board of Directors. CONSTITUTION 2013-2014 Section 4. Withdrawal of Membership. Requests for withdrawaof membership in PIAA must be made in writing, by the Principal of the school, to the Executive Director of PIAA, and must be accompanied by a resolution of withdrawal executed by the School Board or the Board having jurisdiction over the PIAA member school, stating the reason for withdrawal. ARTICLE IV DUES AND ENROLLMENT REPORT Section 1. Annual Dues and Enrollment Report. The annual dues of PIAA member senior high schools are based on the total enrollment of boys and giris in grades 9-11 in the senior high uchoul and shall include all Home -Schooled Students; all students attending an Alternative School, Magnet School, or a Technology Schou|, who are eligible at the senior high school that the students would otherwise attend by virtue of their residences; and aH students enrolled in a Charter School or a Cyber Charter School who are eligible at the senior high school that the students would otherwise attend by virtue of their residences; as of the date as of which the school reports its enrollment to the Pennsylvania Department of Education (PDE) of each odd -numbered year. The enrotlment report must be filed with the PIM Office not later than the date the Public School Enrollment Report is due to the Pennsylvania Department of Education. The Principal and Superintendent of any PIAA member school failing to file the requested enrollment report by the aforementioned deadline shall be sent a notice of such failure and a copy of this provision. If the enrollment report is not received within ten (10) days after the notice was sent, the school shall be assessed a fine of $1,000. For each ten (10) days thereafter that the enrollment report is not raceivod, the school shall be assessed an additional fine of $1.000. No individual student-athiete nor Team from the school is eligible to participate in District and/or lnter-District Championship Contests in any sport until such report is received and such fine is paid. Member senior high schools shall be divided each even - numbered year into four classes based on onmUmont, each containing as nearly as possible an equal number of schools. Memberjunior high/middle schools are all in one class. The dues of PIAA member schools shall be established by the Board of Directors. INTERPRETATIONS Section 1. March 23, 2007 Where a student is enrolled at a Charter School, and where the public school district in which the student resides has no senior high school, the school at which the student is in full time attendance shall include the student in its calculation of enrollment. Section 1. May 27, 2004. PIAA member schools should not include in their calculation of enrollment those students enrolled at a member Charter School that sponsors at Ieast one interscholastic sport under the jurisdiction of PIAA. Students enrolled at such member Charter School shall be included in the enrollment calculation of only that school, This lack of inclusion in the PIAA member school's enrollment does not affect the eligibility of Charter School students to participate at the school that those students would otherwise attend by virtue of their meidenom, in those interscholastic sports not sponsored by the Charter School. Section 1. May 25, 1951. In six-year high schools, a membership fee must be paid by both the senior and junior high/middle schools if the school has a Team which competes in both senior and junior high/middle school sports. 2 Section 2. When Dues are Payable. All dues are payable at the beginning of each school year. If dues are not paid on or before September 30 of the current school year, a school will be regarded to be delinquent and a penalty of 25 percent of the amount due will be added to the amount of dues. Dues with the 25 percent late payment penalty are to be paid on or before October 31 of the current school year. After October 31 of the current school year. the membership of the delinquent school in PIAA shall lapse until such time as the dues and penalties imposed have been fully satisfied. Section 3. Reinstatement of Dellnquent Schools. A school which has been delinquent for up to two years may be reinstated to membership upon payment of the back dues and penalties. A school which has been delinquent for more than two years is required to submit a new application in order to be admitted to membership. ARTICLE V ORGANIZATION AND AUTHORITY Section 1. Pennsylvania Interscholastic Athletic Association, Inc. (PIAA) Districts. For the purposes of organization, |agia|oUon, and administration, PIAA is divided into Districts. One or more Districts, at the discretion of the Board of Dinactos, may incorporate and operate under and pursuant to the Pennsylvania Nonprofit Corporation Law of 1988, as amended (or successor provisions thereof). The PIAA Districts shall include the following counties, respectively: District 1 - Bucks, Chester, Delaware, and Montgomery District 2' Lackawanna, Luzerne, Pike, Susquehanna, VVayne, and Wyoming. District 3' Adams, Berks, Cumberland, Dauphin, Franklin, Junietu, Lonuao0er, Lebanon, Perry, and York. District 4 - Bradford, Columbia, Lycoming, Montour, Northumberland, Snyder, Sullivan, Tioge and Union. District 5 - Bedford, Fulton, and Somerset. District 6 - Blair, Cambria, Centre, C|eanha|d, Clinton, Huntingdon, lndiana, and Mifflin. District 7 - Allegheny (except the City of Pittsburgh), Armstrong, Beaver, Butier, Fayette, Greene, Lawrence, Washington, and Westmoreland. District 8 - City of Pittsburgh District 9' Cameron, Clarion, Elk, Jefferson, McKean, and Potter. District 10 - Cnevfond, Erie, Fuent, Mercer, Venango, and Warren. District 11 - Carbon, Lehigh, Monroe, Northampton, and Schuylkill. District 12 - Philadelphia Section 2. Transfer of Schools From One PIAA District to Another. Upon (1) the request of the School Board or the Board having jurisdiction over the ouhoo|, and (2) and approval by a three-fourths majority vote of the Board of Dinuouons, a school may be transferred from the jurisdiction of one PIAA District to that of an adjacent PIAA District. The procedure for requesting such transfer is as foliows: 1. The request of the schoot shall first be submitted to the District Committee of the District having lurisdiction over the school. 2. Foliowing issuance of a recommendation by the District Committee having jurisdiction over the schun|, the request shall be submitted to the District Committee of the District to which the school desires to transfer. 2013-201* CONSTITUTION 3. Following issuance of a recommendation by the District Committee of the District to which the school desires to transfer the request shall be submitted to the Board of Directors. A negative recommendation by a District Committee of the request for transfer will not stop the foregoing pmcodue, if the school desires that it continue. The Board of Directors, in considering a request to transfer Diothnto, has complete discretion in whether to grant or deny such request. The Board may consider the recommendations of the respective District Committees and the reasons for said recommendations, the likely impact on other schools and scheduUng. Postseason brockeUng, costo, and other PIAA- related factors that might mitigate for or against |AA-e|atedfoctorothotmightmidgoV*hnrorogoinst the transfer. The Board of Directors assumes that the school making the request has already considered and assessed the financial and other impacts that the transfer would have on that school. Additionally, Private Schools in any second-class city in Pennsylvania may automatically and without any further action from the District or Board of Directos, transfer to a PIAA District adjacent to the one in which they are gnaphioaUy|onoted. ARTICLE VI BOARD OF DIRECTORS AND OFFICERS Section 1. Board of Directors. The administrative and executive body of PIAA is known as the Board of Directors. To be eligible to be a member of the Board of Dinyctoro, persons must represent a defined constituency with established guidelines for two-way communication with their constituents. The Board of Directors acts as the certifying agent. Section 2. Membership of the Board of Directors. A. Each District is entitled to one representative for the first fiMymember senior high schools or fraction thereof. For each fifty additional member senior high schools or major fraction thorenf, an additional representative is allowed. These representatives must be members of their respective District Committees and must be employed as a Principal, Athletic Dimctor, and/or faculty member of a PIAA member school or as a school administrator of a public school district which has at least one member in PIAA. INTERPRETATION Section 2A. March 24, 2011 Should a District Committee represntative to the Board of Directors, after July 1 of any year, cease to be employed as a Principal, Athletic Director, and/or faculty member of a PIAA member school or as a school administrator of a school district which has at Ieast one PIAA member, that person may, at the discretion of that member's District Committee, be replaced or continue to serve on the Board of Directors until the immediately foliowing June 30. B. There shall be one member at large elected by and from the junior high/middle schools' representatives of the District Committees. The elected member shall serve for two years, beginning each odd -numbered year. C. A representative of the Pennsylvania School Boards Association (PSBA) shall serve as a member of the Board of Directors. D. A second representative of the Pennsylvania School Boards Association (PS8A), who is an elected member of a School Board at the time of appointment, shall serve as a member of the Board of Directors. E. A representative of the Pennsylvania Association of School Administrators (PASA), who is employed as a school administrator at the time of oppuinUnent, shall serve as a member of the Board of Directors. F. A representative of the Pennsylvania Association of Secondary School Principals (PASGP), who is employed as a Principal at the time of appointment, shall serve as a member of the Board of Directors. G. A representative of the Pennsylvania State Athletic Directors' Association (PSADA), who is employed as an Athletic Director at the time of appointment, shall serve as a member of the Board of Directors. The representative shall serve for two years, beginning each even -numbered year. H. A representative of the Pennsylvania Coaches' Association (PCA), who is employed as a Coach at the time of appointment, shall serve as a member of the Board of Directors. The representative shall serve for two years, beginning each odd -numbered year. 1. One female registered sports official, who is on active status and in good standing with P|AA, elected annually from among their own by the female officials' representatives to the respective District Committees (^the Officials' Council"); and one male registered sports official, who is on active status and in good standing with PIAA, elected annuatly from among their own by the male offlcials' representatives to the respective District Committees (the Officials' Council") shafl serve as members of the Board of Directors. J. The chairperson of the Girls' Athletic Steering Committee, elected every other year, shall serve as a member of the Board of Directors. The chairperson shall serve for two years, beginning each odd -numbered year. K. The chairperson of the Private Schools' Steering 8ommiVee, elected every other year, shall serve as a member of the Board of Directors. The chairperson shall serve for two years, beginning each even -numbered year. L. A representative of the Pennsylvania Department of Education (PDE), appointed by the Secretary of the Department of Education, shall serve as a member of the Board of Directors. M. One female representative and one male nepvaoentutive, selected by and from the Parents' Advisory Committae, shall serve as members of the Board of Directors. The representatives shall serve for two yoann, beginning each even -numbered year. N. Each constituency entitled to select a member of the Board of Directors may select one or more alternates for each such member. In the absence of a member from a meeting of the Board of Di,emuru, one of the altemates may attend such meeting and exercise at the meeting all powers of the absent member. Section 3. Term of Office. The members of the Board of Directors shall serve for a period of one year beginning July 1st next following their e|ocLinn, except the junior high/middle schools' mpnaoentodve, the representative of the Pennsylvania State Athletic Directors' Association (PSADA), the representative of the Pennsylvania Coaches' Association (PCA), the chairpersons of the Girls' Athletics and Private Schools' Steering Committees, the representatives of the Parents' Advisory Committae, and the representatives of the Officials' Cnunci|, who shall serve for a period of twa years. Any director may be removed by a vote of two-thirds of the directors at any meeting of the Board of Directors whenever, in the judgment of the directors, the best interest of PIAA would be served thereby. Section 4. Officers. The officers of PIAA are a President, a Vice PmaiUunt, and a Treasurer. Any officer rnay be removed for any or no cause by a vote of two-thirds of the directors, Section 5. Time of Meeting. The Board of Directors shall meet annually for organization purposes after May 1st and prior to July 1st, and at such other times thereafter as the president or a majority of the members of the Board of Directors may request. 3 CONSTITUTION 2013-2014 ARTICLE VII POWERS AND DUTIES OF BOARD OF DIRECTORS AND OFFICERS Section 1. Powers and Duties of Board of Directors. The Board of Directors shall have the following powers and duties: A. To have general control over all interscholastic athletic relations and Contests in which a PIAA member school participates. B. To elect its own officers, who shall be the offlcers of PIAA, and to establish its own rules of procedure. C. To employ an Executive Divector, who shall serve for a term and under conditions established by the Board of Directors, and to define the duties of the Executive Director, D. To administer the finances of PIAA. E. To interpret the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA and such other by'|awo, po|icioo, pmoedunas, ru|eo, and regulations as it may, from time to time, adopt. F. To determine the method of and the qualifications for the registration of officials; to determine their powers and duties; and to make and apply necessary po|idea, pmmadures, rules, and regulations for such officials. G. To investigate, mqueat, receive and/or otherwise obtain information (written and/or pne|), hear and decide matters in dispute between PIAA member schools located in different jurisdictions. In assuming this responsibility, the Board of Directors shall not be required to assume the position of investigator. The Board of Directors will not consider matters submitted more than one year after the dispute arose. H. To invootigo$*, equeot, receive and/or otherwise obtain information (written and/or oral), hear and decide appeals from decisions of Regional Panels or District Committees. In assuming this responsibility, the Board of Directors shall not be required to assume the position of investigator. The Board of Directors will not consider appeals submitted more than thirty days after the decision of a Regional Panel or District Committee. I. To fix and enforce penalties for any violation of the Constitution, ByLaws, Policies and Procedures, and Rules and Regulations of PIAA and such other by'|awu, po|ioias, pmcedumo, ru|eu, and regulations as it may, from time to time, adopt. J. In acting pursuant to the provisions of subsections E, F, G, H, and 1 of this Section, the Board of Directors shall act at its next regularly scheduled meeting, unless the Executive Director determines, or the Regional Panel or District Committee certifies, that immediate disposition of the matter would be in the best interests of PIAA. In such event, the President of PIAA shall promptly convene a Board of Appeato hear and determine such matter as expeditiously as possible. The membership of such Board of Appeal shall consist of at least five members of the Board of Directors designated by the President for each such matter. The presiding officer shall be the PIAA President or another officer of PIAA (Vice President or Treasurer) appointed by the President. If no officer of PIAA is available to preside, the President shall appoint another member of the Board of Appeal to preside. No officer or member of the Board of Directors is eligible to serve upon such Board of Appeal in any matter involving such officers or member's school, public school district, Regional Panel, or District. Such Board of Appeal's decision shafl be final and binding upon all parties to the matter. K. To have general control of Inter -District Championship Contests. L. To authorize the return of membership dues and to exclude from membership or to suspend from membership in PIAA any school whose Principal does not enforce the 4 Constitution and Policies and Procedures and Rules and Regulations of PIAA or who is not responsible for all interscholastic athletic activities carried on by the Principal's school. M. To exercise such other powers as are in keeping with the growth and needs of PIAA and which are consistent with the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. N. A majority of its members shall constitute a quorum for the transaction of business of the Board of Directors. 0. To acquire by purchase, gift, devise, or otherwise, real estate and interests therein for the general use and purposes of PIAA. P. Any action required or permitted to be taken at any meeting of the Board of Directors or any committee thereof may be taken without a meeting if, prior to such action, a written consent thereto is signed by all members of the Board of Directors or of the committee, as the case may be, and such written consent is filed with the minutes of proceedings of the Board of Directors or the committee. INTERPRETATION May 21, 2014. Where any action requires a vote of a specified percentage (majority; 213.f{.eto.}nfthe entire Board ofDirectors, all members of the Board may vote on the mottar, irrespective of individual conf]icts of interest. Conflicts of interesshould, however, be disclosed to the Board prior to the vote. Section 2. Powers and Duties of the President, Vice President, Treasurerand Executive Director. Officers must be members of the Board of Directors. They shall serve a term of one-year and may be re-elected so long as they remain members of the Board of Directors. The officers of PIAA are President, Vice President, and Treasurer. They shall perform the duties ordinarily incident to their offices. A. President. In addition to his or her duties hereinafter described, the President shall serve as the Chair of the Buond, and shall have general supervision over the carrying out of the policies adopted or approved by the Board. He or she shall: 1. Preside at all meetings of the Board and Executive Committee; 2. Perform such other duties as mbe designated to him or her by the Board or the Executive Committee; 3. Have the power to appoint any committee as may from time to time be deemed necessary or advisable in the opinion of the Board; and 4. Be an ex-offlcio member of all committees. B. Vice -President. In the absence of the President or in the event of an inability or refusal to act, the Vi� President shall have aPI the powers of, and be subject to, all restrictions incident to the office of President. C. Treasurer. The Treasurer shall receive the budget presented to the PIAA Board of Directors by the Executive Director of PIAA and shall make a financial report at each regular meeting of the Board of Directors. D. Executive Director. The Board may select an Executive Diedo,, who is responsible for the active management of the day-to-day opwraUona|, sgminiot,ahve, panoonne|, and programmatic affairs of PIAA. The Executive Director shall see that all orders and resolutions of the Board of Directors are carried into effect. The Executive Director shall have sufficiently broad authority to enable him or her to carry out his or her responsibilities and he or she shall act as the duly authorized representative of PIAA upon authorization by the Board of Directors. In addition, the Executive Director is the custodian of the properties and records 20 of PIAA; shall keep a record of all monies received by and due PIM; shall prepare the annual budget for the consideration of the Board of Directors; shall remit to the Treasurer all PIAA monies; shall make reports to the PIAA Board of Directors as it may direct; and shall perform all other acts and duties in connection with the growth and needs of PIAA as the Board of Directors may direct, 13-204 CONSTITUTION Regional Panel. The selection of the members shall be decided by the members of the respective District Committees. Section 3. Officers. The officers of each Regional Panel shall be a Chairman, a Vice Chairmanand a Secretary. Officers shall be elected by the Panel and shall serve for a period of time as determined appropriate and necessary under the circumstances that necessitated the creation of the Panel. Officers shall be selected by the members of the Regional Panel. If there is no agreement on selection of the Chairman, the Executive Director shall designate one member of the Regional Panel to serve as Chairman. Section 4. Finances. The Regional Panels shall not have a treasury. The participating District Committees shall share equally in the axponoeo, if any, of the Pene|, and the participating Districts shall reimburse their Committee members for expenses incurred in their participation on the Pane!. Section 5. Powers and Duties of a Regional Panel. Subject to further limitation by the agreement between the participating Districts, Regional Panels have the following powers and duties: A. To eloct its own officers. B. To investigate, raoeive, request and require data from PIM member aohoo|o, and to hear and decide (1) disputes between two or more PIAA member schools located in the participating Districts; (2) matters arising under ARTICLE VI of the PIAA By -Laws involving Transfers or athletic recruiting, including students transferring from or to a Cross -District School; (3) alleged breaches of contracts; and (4) alleged violations by Cross -District Schools of the Constitution, By'Lowa, Policies and Procedures, and Rules and Regulations of PIM. The Regional Panel will not consider matters arising solely within one of the participating Districts nor will it consider matters submitted more than one year after the dispute arose, C. To fix and enforce pono|deo, in the different Districts within the Region, for violation of the Constitution, and By -Laws, Policies and Procedures, and Rules and Regulations of PLAA, within the Iimits prescribed by the By -Laws, The Regional Panel will not consider matters arising solely within one of the participating Districts D. No member of the Regional Panel is eligible to vote in a dispute involving such member's school or public school dio1hct, excepting that members of a Panel from PIM Districts V||| and XII are permitted to vote in disputes involving schools from their Diothc*u, provided that the matter does not involve the member's school. E. Referrals of matters to the Regional Panels shall be made by one or both of the participating Districts and shall be submitted to the Chairman of the Regional Panel, in writing. F. The Regional Panel may not consider matters arising solely within one of the Districts. G. A quorum for the transaction of business of the Regional Panel is met if at least two members from each participating District are present. ARTICLE IX DISTRICT COMMITTEES Section 1Composition. A. The makeup of each District Committee shall be decided by the members of that particular District; provided that at least one member of the District Committee must be a representative of the junior high/middle schools of the District, one a representative of the School Boards of the Diutrin, one a representative of the PIAA-registered officials in the District, one a representative of the Athletic Directors of the District, and one a representative of the giris' athletic programs in the District. INTERPRETATIONS ARTICLE Vil, Section 1-G and ARTICLE Vill, Sectionon 3-E and P. October 26, 1957. The Board of Directors and District Committees will not consider any protests in Contests which are based on play situations or officials' decisions involving interpretation or judgment of plays. In no case will the results of a Contesbe reversed nor will a Contest be ordered or permitted to be replayed. Questions regarding interpretation of rules or judgment of officials should be submitted in writing to the Executive Director. Section 2. December 29, 1936; as amended July 27, 2007. The Executive Director, or the Executive Director's dooignee, is given complete charge of all Inter -District Championship Contests. Section 2. May 27, 1938. The Executive Director is given authority to decide all cases of Transfer or questions concerning non-resident students in the interim between Board of Directors meetings. Section 2-B. July 23, 1987; as amended May 11, 2002; and May 20, 2009. Authority of Executive Director Summarily to Impose Temporary Penalties. When, in the opinion of the Executive Director, there has been a violation of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA, and the Executive Director determines that, as a result of such vin|ahun, it is in the interest of the protection of persons or propertY, or otherwise in the interest of PIAA or a member thereof, that action be taken before a District Committae, Regional Panel, or the Board of Dimct:na, within their respective /uhodicdono, can reasonably meet to address the matter, the Executive Director may impose any penalty prov,ded for such violation. The penalty so imposed shall remain in force until the earlier to occur of the next meeting of the District Committee or Regional Panel or the passage of 14 days in matters within the jurisdiction of the District Committee or Regional Panel, or until the next meeting of the Board of Directors in matters within its jurisdiction. ARTICLE VIII REGIONAL PANELS Contiguous PIAA Districto, having within their geographic boundaries one or more schools that are under the jurisdiction of another PIAA District ('Cross-Distrjct Schools"), may agree to form Regional Panels for the purpose of resolving certain matters pertaining to those Cross -District Schools. These Regional Panels shall be created and administered as set forth below. Section 1. Creation. Regional Panels between contiguous PIAA Districts may be created only by writtenagnaementbetwmenthe Districts. No District is required to enter into an agreement with any other CONSTITUTION 2013-2014 B. Method of Selection. 1. The PIAA member schools of a District shall elect each year from their own District, at their annual meeting, members, at their discretion, to serve for one year except the junior high/middle schools' representative, who shall serve for a period of two years, starting the following July 1st, all of whom must be employed as a Principal, Athletic Director, and/or faculty member of a PIAA member school or as a school administrator of a public school district which has at least one member in PIAA. INTERPRETATION Section 1B-1. March 24, 2011 Should a member of a District Committee, after July 1 of a year in which that person is elected to the District Committee, cease to be employed as a Principal, Athletic Director, and/or faculty member of a PIAA member school or as a school administrator of a school district which has at least one PIAA member, that person may, at the discretion of that member's District Committee, be replaced or continue to serve on the District Committee until the immediately following June 30. 2. The School Board member, whose high school is a member of PIAA, shall be appointed for a term of two years by the Board of Directors of the Pennsylvania School Boards Association (PSBA) from each of the PIAA geographic District areas. 3. The officials' representative shall be elected for a term of two years by the PIAA-registered officials of the District. When there is only one nominee for an officials' representative position in a District, an election will not be conducted, and the nominee will be elected to the position. Representatives of odd -numbered Districts will be elected in the odd -numbered years and representatives of even - numbered Districts will be elected in the even -numbered years. C. Time of Selection. All elections and appointments shall be made prior to July 1st. D. Vacancies. When a vacancy occurs in the membership of the District Committee, the unexpired term shall be filled by the remaining members of the Committee, except that in the case of the School Boards representative, the Board of Directors of the Pennsylvania School Boards Association (PSBA) shall appoint an interim representative to fill the unexpired term; and in the case of the officials' representative(s), the Executive Director shall conduct a special election among the affected PIAA- registered officials of the District to fill the unexpired term(s). E. The members of each District Committee elected for the following year shall meet for organization purposes only, prior to July 1st. F. If a District fails to elect a District Committee prior to July 1st, the President of PIAA shall appoint a chairman for the District who shall serve during the ensuing year. The President shall conduct an election for the remaining members of the District Committee within one month following their appointment. Section 2. Officers. The officers of each District Committee shall be a Chairman, a Vice Chairman, a Secretary, and a Treasurer, or a Secretary - Treasurer combined. Section 3. Powers and Duties of a District Committee. A District Committee has the following powers and duties subject to exercise by the Board of Directors of its powers as provided in ARTICLE VII above: A. To have general control within the District over all interscholastic athletic relations and Contests in which a PIAA 6 member school participates, subject to the provisions of the rules and regulations of the Board of Directors. B. To elect its own officers and establish its own rules of procedure. C. To administer the finances of the District Committee. D. To render, within the District, an opinion on the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. E. To investigate, hear, and decide matters in dispute between PIAA member schools located within the District. The District will not consider matters submitted more than one year after the dispute arose. No officer or member of the District Committee is eligible to vote in case of a dispute involving such officer's or member's school or public school district. F. To receive, request, or require data on alleged violations of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations by or from schools located within the District. In assuming this responsibility, the District Committee shall not be required to assume the position of investigator. Charges of violation of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA by a PIAA member school must be made to the Chairman of the District Committee in writing, and, if requested by the District Committee, such evidence shall be presented in the form of affidavits. G. To make determinations as to the eligibility of contestants, and to address alleged violations of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. H. To fix and enforce penalties, within the District, for violation of the Constitution, and By -Laws, Policies and Procedures, and Rules and Regulations of PIAA, within the limits prescribed by the By -Laws. I. In acting pursuant to the provisions of subsections D, E, F, G, and H of this Section, the District Committee shall act at a scheduled meeting, unless the Chairman of the District Committee determines that immediate disposition of the matter would be in the best interests of the District or PIAA. In such event, the Chairman of the District Committee shall promptly convene a Hearing Panel to hear and determine such matter as expeditiously as possible. The membership of such Hearing Panel must consist of at least five members of the District Committee designated by the Chairman for each such matter requiring expeditious disposition. No officer or member of the District Committee is eligible to serve upon such Hearing Panel in any matter involving such officer's or member's school or public school district. J. To have general control of District Championship Contests. K. To act with the Board of Directors in the transfer of schools from one District to another. L. A District Committee has such other powers within the District as are in keeping with the growth and needs of PIAA and which are consistent with the provisions of the Constitution, By - Laws, Policies and Procedures, and Rules and Regulations of PIM. M. A majority of its members constitutes a quorum for the transaction of business of the District Committee except in cases where a three-fourths or unanimous vote of the entire Committee is re.uired. INTERPRETATIONS ARTICLE VII, Section 1-G and ARTICLE VIII, Section 3-E and F. October 26, 1957. The Board of Directors and District Committees will not consider any protest in Contests which are based on play situations or officials' decisions involving interpretation or judgment of plays. In no case will the results of a Contest be reversed nor will a Contest be ordered or permitted to be replayed. 2013 Questions regarding interpretation of rules or judgment of officials should be submitted in writing to the Executive Director. Section 3. January 30, 1998. A District Committee may authorize its executive staff to schedule hearings before the District Committee and Hearing Panels of the District Committee, to receive, request, or require data on alleged violations of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA by or from schools located within the District, and to prepare and sign letters communicating decisions made by the District Committee and Hearing Panels. Sections 3-E and 3-1. March 24, 2006. Officers and members of the PIAA District VIII and PIAA District XII Committees are permitted to vote in disputes between two schools in such officer's or member's public school district, provided that the matter does not involve the officers or member's school, and to serve on Hearing Panels involving the officer's or member's public school district, provided that the matter does not involve the officer's or member's school. ARTICLE X LOCAL MANAGEMENT AND CONTROL Section 1. Responsibility of Principal. The Principal of each school, in all matters pertaining to the interscholastic athletic relations of the Principal's school, is responsible to PIAA. The Principal may delegate some of these powers but such delegation does not relieve the Principal of responsibility for any infraction, by the Principal's school, of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. Section 2. Powers and Duties of Principal. The Principal has the following powers and duties: A. To have control over all interscholastic athletic relations in which the Principal's school participates. B. To sanction all Contests in which the Principal's school participates, and to notify the Executive Director of PIM, within ten days, if the Principal's school has entered a Contest which the Principal has not sanctioned. C. To exclude any contestant who, because of violations of policies of the local School Board or Board having jurisdiction over the school, would not represent the Principal's school in a becoming manner, and also to exclude any contestant who has suffered serious illness or injury until that contestant is pronounced physically fit by the school's licensed physician of medicine or osteopathic medicine, or if none is employed, by another licensed physician of medicine or osteopathic medicine. D. To be responsible for the treatment of all visitors and officials attending Contests conducted by the Principal's school. Penalties may be imposed upon a PIAA member school whose Principal fails to provide reasonable protection for officials and visitors at home Contests. If a Contest is played at a neutral place, the Principals of the participating schools shall be held jointly responsible for this protection. In such a case, penalties may be imposed upon either or both of the schools. E. To see that all contracts for Contests in which the Principal's school participates are in writing and bear the Principal's signature or, at the Principal's option, that of the Athletic Director. F. All written contracts with officials must be signed by the Principal or by one Principal representing a conference or league or, at the option of the applicable Principal, the Athletic Director or one Athletic Director representing a conference or league. G. To authorize a full-time teacher of the Principal's public school district to be the Faculty Manager of the Team representing the school, unless the Principal acts as the Faculty Manager. -2014 CONSTITUTION H. The Principal, or the Principal's authorized representative, must accompany the school's Teams to all Contests. I. To be responsible for certifying in writing the eligibility of all contestants in accordance with the By -Laws of PIAA. J. The Principal has such other powers concerning interscholastic athletics within the Principal's school as are in keeping with the growth and needs of the school and which are consistent with the provisions of the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. ARTICLE XI LIABILITY AND INDEMNIFICATION Section 1. No Personal Liability. A director shall not be personally liable as such for monetary damages for any action taken unless (1) the director has breached or failed to perform his or her duties under the provisions of the Pennsylvania Nonprofit Corporation Law of 1988 ("NPCL") and (2) the breach or failure to perform constitutes self-dealing, willful misconduct, or recklessness. The foregoing limitation of liability shall not be deemed exclusive of any provision which the Board of Directors now or hereafter may have to limit such liability. The limitation of liability set forth above shall not apply to any responsibility or liability pursuant to any criminal statute or for the payment of taxes pursuant to local, state, or federal laws. Section 2. Indemnification. PIAA shall indemnify any director or officer, and may indemnify any other employee or agent, who was or is a party to, or is threatened to be made a party to, or who is called as a witness in connection with any threatened, pending, or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, including an action by or in the right of PIAA, by reason of the fact that he or she is or was a director, officer, employee, or agent of PIAA or is or was serving at the request of PIAA as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit, or proceeding unless the act or failure to act giving rise to the claim for indemnification is determined by a court to have constituted willful misconduct or recklessness. Section 3. Not Exclusive Right. The indemnification and advancement of expenses provided by, or granted pursuant to, this ARTICLE shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, agreement, contract, vote of the Board of Directors, or pursuant to the direction, howsoever embodied, of any court of competent jurisdiction or otherwise, both as to action in his or her official capacity and as to action in another capacity while holding such office. It is the policy of PIAA that indemnification of, and advancement of expenses to, directors and officers of PIAA shall be made to the fullest extent permitted by law. Section 4. Payment of Expenses. PIAA shall pay expenses incurred by an officer or director, and may pay expenses incurred by any other employee or agent, in defending a civil or criminal action, suit, or proceeding in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of such person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by PIAA. Section 5. Applicability to Former Director. The indemnification and advancement of expenses provided by, or granted pursuant to, this ARTICLE shall, unless otherwise 7 CONSTITUTION 2013-2014 provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such person. Section 6. Fund. PIAA may create a fund of any nature, which may, but need not be, under the control of a director, or otherwise secure or insure in any manner, its indemnification obligations, whether arising under this Constitution or otherwise. This authority includes, without limitation, the authority to (i) deposit funds in trust or in escrow, (ii) establish any form of self-insurance, (iii) secure its indemnity obligation by grant of a security interest, mortgage, or other lien on the assets of PIAA, or (iv) establish a letter of credit, guaranty or surety arrangement for the benefit of such persons in connection with the anticipated indemnification or advancement of expenses contemplated by this ARTICLE. The provisions of this ARTICLE shall not be deemed to preclude the indemnification of, or advancement of expenses to, any person who is not specified in Section 1 of this ARTICLE but whom PIAA has the power or obligation to indemnify, or to advance expenses for, under the provisions of the NCL or otherwise. The authority granted by this Section 6 shall be exercised by the Board of Directors. Section 7. No Impairment if Repealed. The repeal of this ARTICLE or any amendment thereof which may impair or otherwise diminish the protection afforded hereby to the persons described herein is effective only with respect to acts or omissions by such persons which occur after the effective date of such repeal or amendment and shall have no effect whatsoever with respect to acts or omissions occurring prior to such effective date. ARTICLE XII AMENDMENTS Section 1. Majority Approval Necessary. Amendments to this Constitution must be approved either by two-thirds of the schools voting or by a majority of the total membership. Section 2. Proposed Amendments. Proposed amendments must be approved by a vote of two- thirds of the Board of Directors before being submitted to the PIM member schools, provided, however, that on the two-thirds petition of a District Committee to the Executive Director, the Board of Directors shall submit such proposals to the PIAA member schools for their approval or rejection. Section 3. When Amendments Must be Submitted for Approval. Amendments to be considered during the current year must be presented by February 1st to the Executive Director. Section 4. Withdrawal of Proposed Amendments. A proposed amendment, which has been properly submitted by the Board of Directors for approval by the membership, may be withdrawn by a vote of two-thirds of the Board of Directors. A proposed amendment, which has been submitted pursuant to a two-thirds petition of a District Committee, may be withdrawn by a two-thirds vote of that District Committee. Section 5. When Amendments Must be Voted Upon. Amendments approved by the Board of Directors or presented on petition as provided in Section 2 of this ARTICLE, must be submitted to the PIAA member schools by May 1st. Section 6. How Amendments are Voted Upon by Schools. Amendments approved by the Board of Directors or presented on petition as provided in Section 2 of this ARTICLE, must be submitted to the members of each District for their consideration and for their vote at a meeting of the PIAA member schools called by the District Chairman. 8 Section 7. When Votes on Amendments Shall be Tabulated. Tabulation of the votes of the various Districts shall be made by the District Committee and submitted to the Executive Director by May 1st. Section 8. Effective Date of Amendments. Amendments become effective on the date designated in the Resolution of the Board of Directors submitting the amendment to vote of the PIAA member schools, or, in the absence of such designation, on the next following July 1st. Section 9. Defeated Amendments. The provision of a defeated amendment may not be submitted for vote by PIAA in the following calendar year. Section 10. Non -Substantive Amendments. The Board of Directors shall have authority to make technical, typographical, spelling, and grammatical changes to the Constitution in order to assure editorial continuity with substantive changes approved by the membership, and to delete provisions which have become obsolete. ARTICLE XIII ADMINISTRATION Section 1. Definitions. Definitions of terms set forth in the Glossary attached to the PIAA By -Laws are applicable to the terms so defined which also appear in this Constitution, the PIAA Policies and Procedures, and the PIAA Rules and Regulations. The Board of Directors has the power to amend the Glossary as it deems appropriate. Section 2. Seal. The Board of Directors shall provide a corporate seal which shall be in the form of a circle and shall have inscribed thereon the name of PIAA. Section 3. Fiscal Year. The fiscal year of PIAA is from July 1 to June 30. Section 4. Books and Records. PIM shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors and committees having any of the authority of the Board of Directors. Section 5. Principal Office. The principal office of PIAA is in Mechanicsburg, Pennsylvania, where the executive offices are located, or such other place within the Commonwealth of Pennsylvania as the Board of Directors may decide from time to time. The Board of Directors may establish and maintain branch offices in other locations within the Commonwealth of Pennsylvania, when in the judgment of said Board such branch offices may be necessary or convenient in carrying out the purposes of PIAA. Section 6. Meetings. A. Annual Meeting. The annual meeting of PIAA shall be held on such date as may be determined by the Board of Directors, at the registered office of PIAA, or at such other location, as may be determined by the Board of Directors and as shall be designated in the notice of said meeting, for the purpose of transacting such business as may be properly brought before the meeting. B. Special Meetings. The President and/or Executive Director may fix any place, either within or without the Commonwealth of Pennsylvania, as the place for holding any special meeting of the Board of Directors called by them. C. Notice. Notice of any meeting of the Board of Directors must be given at least five days previously thereto by written notice delivered personally or sent by first-class mail, facsimile, or electronic mail to each Director at his or her address as shown by the records of PIM. The attendance of a Director at any meeting constitutes a waiver of notice of such meeting, except where a Director attends the meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be 2013-2014 transacted at, nor the business of, any regular or special meeting of the Board need be specified in the notice or waiver of riotice of such mooting, except where otherwise provided by Iaw or this Constitution. D. Expenses of Attendance. Directors as such may not receive any stated compensation for their oemioeo, but by resolution of the Board of Directors, a fixed sum for expenses of attendanco, if any, may be allowed for attendance in each regular ar special meeting of the Board; pmvidad, that nothing herein shall be construed to preclude any Director from serving PIAA in any other capacity and receiving compensation therefore. E. Teleconferencing. Any one or more Directors may participate in the meeting of the Board or of a committee of the Board by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation constitutes presence in person at the meeting. Notwithstanding the honegoing, however, use of conference telephone and similar communications equipment may be permitted at the discretion of the Board of Directorswhich is deemed to have permitted such use unless and until it should have taken action to prohibit such use. Section 7. Waiver of Notice. Whenever any notice whatsoever is required to be given under the provisions of the Pennsylvania Nonprofit Corporation Law of 1988 or under the provisions of the Articles of Incorporation or the Constitution of P|AA, a waiver thereof in writing signed by the person or persons entitled to such noUue, whether before or after the time stated therein, is deemed equivalent to the giving of such notice. Section 8. Term of Existence. PIAA shall continue in existence in poqzetuity, unless dissolved by the Board of Directors of P|AA, or by vote of 2/3 of the PIAA member schools voting or a majority of the total membership, or by the vote of 80% of the members of the Board of Directors. If for any reason, PIAA is dissolved and $ermino0od, all of its assets shall be distributed to such organizations which are then qualified under section 501(c)(3) and section 509(a)(1). (2), or (3), or any successor provision of the Internal Revenue Code of 1986, as determined by vote of two-thirds (2/3) of the members of the Board of Directors of PIAA in attendance at a duly constituted meeting. Such dissolution shall be subject to the provisions of the Articles of Incorporation of PIAA and, nurther, any funds distributed shall continue to be subject to the restrictions and requirements imposed by donors to PIAA with respect to its component funds, foundaUnna, and trusts. Any assets not so disposed of shall be disposed of by a court of competent jurisdiction in the county in which (he principaJ offlce of PIAA is then located, exclusively for the purposes stated in the Articles of Incorporation of P/AA, or to such organization or ongonizodona, as said court shall determine, which are organized and operated exclusively for such purposes. CONSTITUTION 9 2013-2014 CONSTITUTION BY-LAWS ADHERENCE TO AND ENFORCEMENT OF PIAA BY-LAWS The initial responsibility for adherence to and enforcement of the PIAA By -Laws by a PIAA member school, its students and personnel rests with the Principal of that school. Notwithstanding this initial responsibility for compliance, (1) the Principal of any PIM member school, by written request or complaint to the Chairman of the appropriate District Committee or PIAA Office, may allege or bring to the attention of PIAA a violation of, or a failure to meet, applicable provisions of the PIAA By -Laws, and (2) a District Committee or the Board of Directors may, on its own motion, enforce the PIM By -Laws in the absence of submission of the matter to it by the Principal of a PIAA member school. This portion of the Handbook contains the PIAA By -Laws, as in effect July 1, 2013. Any subsequent amendments for 2013-2014 will appear on the PIAA Web site at www.oiaa.orq. PIAA PHILOSOPHY It is unconscionable that a school or any of its employees would subvert the high purposes of interscholastic athletics by condoning any violation of the rules. To involve boys or girls in any practice or procedure which "gets around the rules" is unworthy of a person associated with athletics. ATHLETIC COURTESY Section 1. Athletics should foster clean sports. It is the privilege and duty of every person connected with athletics to exemplify these principles in that person's own actions and earnestly advocate them before others. A. Contest rules are to be regarded as mutual agreements, the spirit or letter of which no honorable person would break. The stealing of advantage in sport is theft. B. No advantages are to be sought over others except those in which the Contest is understood to show superiority. C. Unsportsmanlike or unfair means are not to be used, even when opponents use them. D. Visiting Teams are to be honored guests of the home Team, and should be treated as such. E. No action is to be taken nor course of conduct pursued which would seem unsportsmanlike or dishonorable if known to one's opponent or the public. F. Remember that student -spectators represent their school the same as student -athletes. G. Any spectator who continually evidences poor sportsmanship should be requested not to attend future Contests. H. Decisions of Contest officials are to be abided by, even when they seem unfair. I. Contest officials and opponents are to be regarded and treated as honest in intention. In Contests when opponents conduct themselves in an unbecoming manner, and when Contest officials are manifestly dishonest or incompetent, future relationship with them should be avoided. J. Good points in others should be appreciated and suitable recognition given. K. The practice of "booing" is regarded as discourteous and unsportsmanlike. PERTAINING TO HIGH SCHOOL ATHLETICS This Code of Ethics Pertaining to High School Athletics is to be regarded not only as recommendations, but also as rules governing the conduct of schools, student -athletes, Coaches, Contest officials, Athletic Directors, Principals, and the public. Section 1. Schools Should: A. Conduct themselves in a sportsmanlike manner. B. Not cancel, schedule or reschedule a Contest to gain a competitive advantage. CB. Not recruit students for an athletic purpose. DG. Establish and enforce a code of conduct for student - athletes. ED. Cooperate with PIM in ensuring the enforcement of the PIAA Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations. FE. Ensure that necessary and appropriate security is provided for spectators and visiting Teams at Contests hosted by the school. Section 2. Student -Athletes Should: A. Conduct themselves in a sportsmanlike manner. B. Not use profanity, obscene gestures, and/or obscene language. C. Not seek to provoke opponents, Contest officials, or spectators to engage in improper conduct. D. Not seek to injure opponents. Section 3. Coaches Should: A. Have a fair, unprejudiced relationship to student - athletes. B. Teach student -athletes to win through legitimate means only. Striving to win at any cost is distinctly unethical. C. Give opponents full credit when they win. D. Control one's temper at all times. E. Not use, and discourage the use of, profanity, obscene gestures, and/or obscene language. F. Recommend the use of competent Contest officials and support their decisions. The Coach should direct concerns and/or criticisms of Contest officials through the appropriate review process and not criticize the actions or decisions of Contest officials through the media or to student -athletes and/or spectators. G. Counteract unfounded rumors of questionable practices by opponents. To establish the truth or falsity of these rumors the Coach should refer them directly to the authorities of the school concerned. H. Not recruit students for an athletic purpose. I. Maintain control of the Team for which the Coach is responsible. Section 4. Contest Officials Should: A. Have thorough preparation in the current rules and approved officiating techniques of the sport. B. Be physically fit and mentally alert. C. Have a neat, distinctive, and approved uniform. D. Report for duty at least 30 minutes before the scheduled start of a Contest. E. Honor all agreements to officiate Contests. F. Control one's temper in all relations with students, Coaches, member schools, and spectators. G. Call them as one sees them. H. Make clear any interpretations and announcements. I. Following a Contest officiated, not discuss plays or student -athletes of a Team in that Contest with any of their future opponents. Section 5. Athletic Directors Should: A. Arrange only schedules which are educationally and physically sound for the school's student -athletes. 11 BY-LAWS 2013-2014 B. Not schedule or reschedule a Contest for the purpose of circumventing the application, enforcement, and/or intent of any provision of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA. C. Have a definite and mutual understanding with other Athletic Directors regarding Contest officials. D. Treat visiting Teams and Contest officials as guests. E. Cooperate with the school community in developing a wholesome athletic program. Section 6. Principals Should: A. Be honest in certifying to the eligibility of student - athletes and refuse to certify any student -athlete where there is a question as to the student -athlete's ineligibility. B. Endeavor to foresee possible misunderstandings with other schools and, as far as possible, settle them before they materialize. C. Pass on to another school's athletic administration any seemingly reliable information which calls in to question the eligibility of any of the other school's student -athletes. D. Encourage the school's support of its Teams, but never at the expense of friendly relations. Section 7. Public Should: A. Realize that gambling on Contests, the consumption of alcoholic beverages, and/or the use of illegal drugs, anabolic steroids, and/or other performance enhancing drugs in connection with Contests are all detrimental to the best interests of athletics and the standards which PIAA is endeavoring to foster. B. Not use profanity, obscene gestures, and/or obscene language while attending Contests. C. Not attempt to provoke, intimidate, and/or berate Coaches, Contest Officials, student -athletes, and/or other spectators. D. Not interfere with any Contests. Any spectator who evidences poor sportsmanship and/or behavior inconsistent with this Code of Ethics may be removed from a Contest venue and may be prohibited from attending future Contests. INTERPRETATIONS October 1, 1983; as amended May 11, 2002; July 28, 2005; and July 24, 2009. To participate in Inter -School Practices, Scrimmages, and/or Contests, a student must be eligible for interscholastic athletics in all respects. July 22, 1982; as amended July 24, 2009. A PIAA member school may permit any of its students who are ineligible to participate in Inter -School Practices, Scrimmages, and/or Contests under any provision(s) of the PIAA By -Laws other than ARTICLES IV and V to Practice with any of its Teams. ARTICLE I AGE Preamble The purposes of this ARTICLE are (1) to promote the safety of traditional school-age participants in interscholastic athletics; (2) to prevent a Team from gaining a competitive advantage by permitting more mature (physically, mentally, and emotionally) students to participate in interscholastic athletics; (3) to discourage schools from "red -shirting" students; and (4) to give more of an opportunity for traditional -age students to participate in interscholastic athletics. Section 1. Maximum Age Rule. A student shall be ineligible for interscholastic athletic competition upon attaining the age of nineteen years, with the following exception: If the age of 19 is attained on or after July 1, the student is eligible, age -wise, to compete through that school year. 12 Section 2. How to Determine Age. In determining the age of a student, the date of birth as recorded in a State Bureau of Vital Statistics is considered as conclusive if filed in a State Bureau of Vital Statistics within one year after the date of birth. If a birth record from a State Bureau of Vital Statistics is not available, proof of a student's age may be determined by the submission of (1) a birth certificate which was issued within one year after birth; (2) a passport with the date of birth recorded thereon; (3) an affidavit by the parent(s) or guardian(s) filed not later than one year after the student's admission to the first grade of an elementary school; or (4) the earliest date of birth as recorded in the records of the school or schools attended by the student. In the event of the non- existence of any of these documents, the Principal may rely upon the most credible available evidence as to the actual date of birth. Section 3. Waiver of Maximum Age Rule. Any waiver granted under this ARTICLE may be given only for a particular sport and for a particular season. While a student may receive up to three waivers in a particular school year (for a fall, winter, and spring sport), no student may receive a waiver for any season or sport in any subsequent school year. The member school requesting a waiver for a Student With A Disability must present clear and convincing evidence in each of the areas set forth in this Section. It is not the duty of the District Committee to independently produce or collect information. A District Committee may grant a limited waiver of Section 1 of this ARTICLE to a Student With A Disability following an individualized assessment of the student's condition in relation to the purposes of this ARTICLE and the potential impact of participation by the student on opponents and teammates if the District Committee concludes that: 1. the student currently suffers from a physical, mental, or emotional disability which has been recognized by, and certified to by, a treating physician or psychiatrist; 2. the certified to disability has a direct and significant negative impact on the student's physical athletic ability; 3. the student has a current Individualized Education Plan (IEP) or a Chapter 15 Service Agreement relating to the certified to disability, at the student's school; 4. the grant of a waiver would not be likely to render the student's Team more competitive than it would be without the waiver; 5. the student would likely not, due to the student's physical size, athletic ability, and/or other characteristics, pose an increased risk of harm to opponents; and 6. the student is otherwise eligible under these By -Laws. In considering a waiver, with regard to factors 4 and 5 above, the District Committee shall be guided by the following: 1. Where there is a question as to the risk posed to opponents or to a possible competitive advantage to the requesting school, such questions should be resolved in favor of the health and safety of opponents and against providing an unfair advantage to the requesting school and such waiver request should be denied. 2. A student who has played regularly on the varsity Team and/or obtained a performance -related athletic "letter" from the student's school in a particular sport for the preceding season presumptively gives the students Team a competitive advantage if the student were to be permitted to participate in that sport again. 3. The District Committee may reject the request for a waiver if such waiver would prevent another student, who is of traditional school age, from an opportunity to participate in interscholastic athletics. 2013-2014 CONSTITUTION 4. Due to the increased risk of injury to opponents in collision sports such as football, boys' lacrosse, and wrestling; contact sports such as basketball, field hockey, girls' lacrosse, and soccer; and to baseball and softball hitters when facing a pitcher over the age of 19, particular scrutiny should be applied by the District Committee to requests for waiver in these sports. 5. Any waiver granted may be given only for a particular sport and for a particular season. While a student may receive up to three waivers in a particular school year (for a fall, winter, and spring sport), no student may receive a waiver for any season or sport in any subsequent school year. ARTICLE 11 AMATEUR STATUS AND AWARDS Section 1. Amateur Status Required. To be eligible to participate in an Inter -School Practice, Scrimmage, and/or Contest, a student must be an amateur in the sport involved. An amateur student is one who engages in athletic competition solely for the educational, physical, mental, social, and pleasure benefits derived thereof. Where the official rules for a sport provided for under ARTICLE XVIII of these By -Laws establish requirements for amateur status, such requirements shall govern to the extent inconsistent with this ARTICLE II. Section 2. Loss of Amateur Status. A student loses amateur status in an interscholastic sport whenever: A. The student or the student's parent(s) or guardian(s), receives compensation, other Consideration, or an award not permitted under Section 3 hereof, for or related to the student's athletic ability, participation, performance, services, or training in a sport. B. The student receives Consideration for becoming a member of an athletic organization or school. C. The student plays on a professional team or as an individual professional athlete in that sport. D. The student signs a contract whereby the student agrees to compete in any athletic competition for Consideration. It is not a violation for a high school student to attend, and participate in a professional try -out camp, provided that (1) no compensation or expenses are paid to the student; (2) the try -out lasts no longer than forty-eight hours; and (3) if in the sport of baseball, the student's participation is otherwise in conformity with the National Federation Major -Minor League Agreement. E. The student sells or pawns the student's athletic achievement awards. Section 3. Permissible Awards. A. Member Schools: A student may accept, from the student's school, or a school -affiliated booster club, items of apparel, a blanket, watch, ring, scroll, carry -on or warm-up bag, photograph, medal, plaque, or similar award, with appropriate institutional insignia or comparable identification, upon completion of a season of participation on a Team and/or for earning the official school letter or award. B. Sponsors of Athletic Events: A student may accept, from the sponsor or sponsors of an athletic event or group of athletic events, items of apparel, a blanket, watch, ring, scroll, carry -on or warm-up bag, photograph, medal, plaque, or similar award, with appropriate institutional insignia or comparable identification, if the student participated in the athletic event and/or earned an award for an athletic event or events. The fair market value of items provided to any such student may not exceed $500. Such sponsor or sponsors may also pay the expenses for a student to participate in educational programs, tours, and field trips provided by the sponsor or sponsors in connection with the athletic event or events. C. Media and Other Public Recognition: A student may accept, from a non-profit service organization approved by the Principal of the student's school, or the news media, items of apparel, a blanket, watch, ring, scroll, carry -on or warm-up bag, photograph, medal, plaque, or similar award, with appropriate institutional insignia or comparable identification in recognition of the student's athletic ability or performance, and present the same at a time appropriate to such recognition. The fair market value of items provided to any such student may not exceed $500. D. Banquets: Students may also attend, without charge of admission, athletic banquets sponsored by the institutions listed above in this Section 3. E. Participation expenses: A student may accept, from a school, and/or the sponsor of an athletic event or group of athletic events, the reasonable and necessary expenses for transportation, lodging, and/or meals incurred by the student and/or the student's Team for participation in an athletic event or events. A school affiliated booster club may pay the reasonable and necessary expenses for their school students to attend a camp or clinic. F. Participation Fees: Schools charging fees for students to participate in interscholastic athletics may reduce or waive such fees under the following circumstances: (1) the Principal may approve a reduction or waiver of the fee for an individual student who demonstrates financial need; (2) the Principal may accept a donation of all or part of the fee from a school -affiliated booster club for an individual student who demonstrates financial need; and/or (3) the Principal may accept donations from any party which are to be applied pro rata to all students participating in interscholastic athletics or to all students on a particular Team. Under no circumstance can any reduction or waiver be tied into the athletic ability of such students. G. Donations of Athletic Equipment and/or Product and/or Payments to Schools: Nothing in this Section should be deemed to prohibit a donor of athletic equipment and/or product and/or the sponsor of any athletic event or group of athletic events from providing to a school any Consideration, provided that such Consideration is not made with the assurance or understanding that all or some of such Consideration is to be then conveyed by the school to any individual student -athletes. H. College Recruiting: A student may accept from an institution of higher education which the student visits in connection with the student's prospective or possible attendance there as a college student, reasonable expenses necessitated by such visit, and free admission to home athletic events of such institution which occur during such visit. I. Operation Gold: Consistent with NFHS policy, a student may accept monies under this program, which provides monetary rewards to athletes who place in the Olympic Games and/or World Championships in designated sports. Section 4. How Amateur Status Can Be Regained. A student who has lost amateur status may be reinstated by the suspending body after a period of one year from the date of suspension, providing that the student refrains from all activity prohibited by Section 2 hereof during that year. A student who has lost amateur status pursuant to Section 2A and/or B hereof may be reinstated by the suspending body effective upon the student's return to the provider of the Consideration item or items which caused such loss of amateur status. INTERPRETATIONS May 22, 1953, as amended July 28, 2005. A student -manager of an amateur baseball team, who receives Consideration, is not considered a player unless the student actually participates in a game played by that amateur baseball Team. May 12, 2001. The loss of eligibility in a sport under ARTICLE II does not affect those students who have previously exhausted their 13 2013-2014 eligibility in that sport at the time the loss of eligibility provided in ARTICLE U would otherwise occur. This relates almost exclusively to seniors. ARTICLE III ATTENDANCE Section 1. Where Enrolled for Attendance. To be eligible to participate in an Inter -School Practice, Oohmmaga, or Contest, a student must be regularly enrolled in a secondary school and in full-time ottandanoe, or be home - schooled. Except as otherwise provided in this ARTICLE, a student is eUgibe only at the school at which the student is enrolled. Section 2. Number of Days of Enrollment Necessary to Count as a Semester. Fifteen days or more of enrollment in a semester in any secondary school counts as one semester of attendance. Enrollment at summer school does not count as a semester or part of a semester. INTERPRETATION Section 2. October 25, 1952, as amended May 25, 2000 Enrollment at any scho. accredited or not, counts as Section 3. How Absence Affects Eligibility. A student who has been absent from school during a semester for a total of twenty (20) or more school ineligible to participate in an Inter -School Practice, Scrimmage, or Contest until the student has been in attendance for a total of forty-five (45) school days following the student's twentieth (20th) day of absence. The following absences may be waived by the District Committee: A. days when the student was required to serve as the primary caregiver to a member of the student's immediate family or a near relative or a death in that student's immediate family or of a near relative, both as defined in Section 1154ofthe Public School Code of 1949, as amended; B. days when the student was absent due to the student's compliance with a court subpoena; C. days when the student was confined by quarantine; D. days when the student attended a religious activity/function which the church requires its members to attend; E. days when the student has an excused absence of five (5) or more school days due to the same confining illness or injury. If the establishment of any requirement necessary for the District Committee to exercise its discretiori to grant a waiver of five (5) or more excused absences results from illegal conduct on the part of the student, other than absences during which the student, without there having been a criminal conviction or an adjudication of delinquency, is admitted to a substance abuse treatment facility, the District Committee may not grant the waiver. Attendance at summer school does not count toward the forty-five (45) school days required. Absence from school for an entire oamoober, or for several semesters, disqualifies a student for the same period as stated in this Section. INTERPRETATIONS Section 3. April 14, 1984 Pregnancy shall be treated as an illness if a physician certifies, in whdng, that the student was unable to attend schooas a result of pregnancy Section 3. March 20, 1970. When computing total days absent during a oumester, days absent during a period of suspension oount as part of the twenty day absence total in a given semester. Section 3. January 22, 2014. Students serving an in -school suspensiori are riot counted as days of absence. 14 Section 4. Combination of StudentEnrolled in Grades 7- 8-9. Students enrolled in grades 7-8-9, within the same public school district, may be combined to form one or more Teams within the public school district. Section 5. Alternative School Studmnuo, Magnet School Students, and Technology School Students. Alternative School students, Magnet School students, and Technology School students are eligible at only one school for all interscholastic athletics. A student attending an Alternative School, a Magnet School, or a Technology School on a full-time basis is eligible only at said school if said school offers one or more interscholastic athletic programs. A part-time Alternative School student attending a full-time Alternative Gchoo|, a part- time Magnet School student attending a full-time Magnet School, ort-hmeKAognetSchuo|otudontettondinga*u||-UmeKxagnetOchoo|. and a part-time Technology School student attending a full-time Technology School is eligible only at the school which the student would otherwise attend by virtue of the student's residence. All students attending Altemative Suhoo|a, Magnet Schools, or Technology Schoo|o, which do not offer any interscholastic athletic programs, are eligible to participate in interscholastic athletics at the schools that the students would otherwise attend by virtue of their residences. Section 6. Charter School and Cyber Charter School Students. Students enrolled in a Charter School or Cyber Charter School are eligible only at said school in those interscholastic sports sponsored by that school. Students enrolled in a Charter School or Cyber Charter School that does not offer a particular interscholastic sport are eIigibIe to participate in that sport at the nchoul which they would otherwise attend, in the public school district of their residences, provided that the students meet all other eligibility requirements, including, but not limited to, school verified evidence of full-time attendance. INTERPRETATION Section 6. Marc23, 2007 Where a studnt is enrolled at a Charter School, and where the public schoo! district in which the student resides has no senior high school, the school at which the student is in full time attendance shall be considered the public school district of residence of the student, Section 7. Multi -Public School District Academic Arrangements. Where students are enrolled in a public school in the public school district of their residence but, pursuant to an agreement between public school districts, attend some or aPI classes at a public schooin anothepublic schoodistrict, the students retain eligibility for interscholastic athletics solely at the public school in which they are enrolled in their home public school district. Section 8. Privately -Tutored and/or Home -Schooled Students. Students instructed by a properly qualified private tutor under Section 1327 of the Public School Code of 1949 and/or students participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible only at the public schools that the students would otherwise attend by virtue of their residences and, for purposes of Cooperative Sponsorship of a Sport ogmemonty, are deemed to be enrolled at the public schools that the students would otherwise attend by virtue of their residences. Section 9. Students Placed by Court Order or as a Result of Disability. A student who has been (1) enrolled oto school that has no interscholastic athletic program in the sport(s) in which the student desires to participate, and (2) placed in that school either by court order or because the student is a Student With A Disability whose Individual Education Plan (IEP) has concluded 2013-2014 CONSTITUTION that the student's educational needs could not be. accommodated in the public school that the student would otherwise have attended, may be declared eligible by the District Committee for such sport(s) at either (1) a school in the public school district in which the school the student attends is geographically located or (2) at a school in the student's home public school district. The determination of eligibility shall be made by the District Committee upon its receipt of a written statement from the Principal of the school at which the student desires to participate that said school will permit the student to participate on its interscholastic athletic Team(s) in such sport(s), and the determination by the District Committee that the student has not been recruited. Appointment of a legal guardian for the student, or court approval of an agreement between separating or divorcing parents, does not by itself constitute placement in a school by court order. When the District Committee has declared a student eligible at a school, the District Committee may not declare that student eligible at any other school at which the student could have been declared eligible unless, in addition to the other requirements of this provision, it receives a written statement from the Principal of the school at which the student has been declared eligible that said school will no longer permit that student to participate or compete for a position on any of its interscholastic athletic Teams. Section 10. Public School Districts With More Than One School at a Particular Level. Where the rules or policies of a public school district having more than one school at a particular level do not provide for attendance at that level by place of residence, the student, with the permission of the Principal, shall select the school in that public school district which the student will attend, which is the only school at which the student will be eligible. A subsequent change of selection will be considered a Transfer and, therefore, subject to ARTICLE VI of these By -Laws. Section 11. Cooperative Sponsorship of a Sport. A. Philosophy. The philosophy that guides the PIAA Board of Directors in reviewing and approving applications for Cooperative Sponsorship of a Sport between two or more PIAA member schools is as follows: 1. The Board supports opportunities for greater student participation. 2. The Board encourages projects that combine smaller PIAA member schools for sponsorship of an activity rather than a small PIAA member school combining with a larger PIAA member school when the smaller PIAA member school cannot support the activity alone. 3. The Board will not approve agreements where an intent of the agreement is to improve the quality of a Team (i.e., obtain a better win/loss record). 4. The Board will not approve agreements whereby: (a) any students enrolled at any of the PIAA member schools entering into the agreement would be prohibited from participation in the sports governed by the agreement because of the location of their residence; (b) one of the PIAA member schools is a public school and the agreement would bar any Home - Schooled Students who are otherwise eligible at that school from participating on the Team(s) covered by the agreement; and/or (c) more than one school to the agreement is to host the same sport. 5. The Board will neither consider nor approve agreements with non-PIAA member schools. 6. The public school districts of the participating PIAA member schools must be contiguous and/or overlap. B. Provisions Applicable to all Agreements. 1. School Enrollments: (a) For cooperative sponsorship of a boys' sport, the male enrollment, as of the date as of which schools report their enrollments to the Pennsylvania Department of Education (PDE) of each odd -numbered year, in each of the schools but one in grades nine through eleven must be 300 students or less. For cooperative sponsorship of a girls' sport, the female enrollment, as of the date as of which schools report their enrollments to PDE of each odd -numbered year, in each of the schools but one in grades nine through eleven must be 300 students or less. (b) The combined male enrollment, as of the date as of which schools report their enrollments to PDE of each odd -numbered year, of (1) all male students enrolled in the school with the highest male enrollment of those schools involved in the cooperative sponsorship of a boys' sport and (2) 50% of all male students enrolled in other schools participating in the cooperative sponsorship of the boys' sport, will determine the classification of the Team in that sport. The combined female enrollment, as of the date as of which schools report their enrollments to PDE of each odd -numbered year, of (1) all female students enrolled in the school with the highest female enrollment of those schools involved in the cooperative sponsorship of a girls' sport and (2) 50% of all female students enrolled in other schools participating in the cooperative sponsorship of the girls' sport, will determine the classification of the Team in that sport. 2. Requests to Approve Agreements: (a) Requests to approve Cooperative Sponsorship of a Sport agreements must be submitted by the requesting PIAA member schools to the applicable PIAA District Committee. Following consideration, the PIAA District Committee shall forward the request, together with its recommendation, to the PIAA Board of Directors for its consideration. (b) For agreements between public schools within a single public school district, said requests for approval must include the approving resolution of the School Board having jurisdiction over the PIAA member schools. For all other PIAA member schools, said requests for approval must include the proposed agreement between the participating PIAA member schools. The resolution or agreement, as applicable, must fully delineate the terms and conditions that pertain to the Cooperative Sponsorship of a Sport by the participating PIAA member schools, including at least the following: (1) Introduction and purpose of agreement. (2) Timeline for implementation. (3) Duration of agreement (must be for at least a two-year enrollment classification cycle). (4) Administrative responsibility, liability, and insurance. (5) Team name and uniforms. (6) Financial arrangements. (7) Staffing. (8) Operating procedures. (9) Facilities. (10) Transportation. 15 BY-LAWS 2013-2014 (c) Requests for approval of Cooperative Sponsorship of a Sport agreements, which would not affect the classification size of a Team, may be submitted at any time to the applicable PIAA District Committee. (d) Requests for approval of Cooperative Sponsorship of a Sport agreements, which would affect the classification size of a Team, must be submitted on or before September 15th of any odd -numbered year to the applicable PIAA District Committee for its recommendation to the PIAA Board of Directors for that proposed agreement to be considered for approval for the immediately following two-year reclassification cycle. (e) Requests for approval of Cooperative Sponsorship of a Sport agreements, which would affect the classification size of a Team, must be submitted by the applicable PIAA District Committee to the PIAA Board of Directors by October 1st of any odd -numbered year to be considered for approval for the immediately following two-year reclassification cycle. (f) Decisions by the PIAA Board of Directors on all applications for approval of Cooperative Sponsorship of a Sport agreements, which would affect the classification size of a Team, will be made no later than its December meeting of any odd -numbered year for the next reclassification cycle. 3. Modification or Termination of Agreements: (a) Procedure and Timing of Requests. (1) Requests to modify or terminate a previously approved Cooperative Sponsorship of a Sport agreement must be submitted by the requesting PIAA member school to the applicable PIAA District Committee. Following consideration, the PIAA District Committee shall forward the request, together with its recommendation, to the PIAA Board of Directors for its consideration. The request must include a resolution of the School Board(s) and/or Board(s) having jurisdiction over the PIAA member schools approving such modification or termination. (2) Such requests for modification or termination, which would not affect the classification size of a Team, may be submitted at any time to the applicable PIAA District. (3) Such requests for modification or termination, which would affect the classification size of a Team, must be submitted on or before September 15th of any odd -numbered year to the applicable PIAA District Committee for its recommendation to the PIAA Board of Directors to be considered for the immediately following two- year reclassification cycle. (4) Such requests for modification or termination, which would affect the classification size of a Team, must be submitted by the applicable PIAA District Committee to the PIAA Board of Directors by October 1st of any odd - numbered year to be considered for the immediately following two-year reclassification cycle. (5) Decisions by the PIAA Board of Directors on requests for modification or termination, which would affect the classification size of a Team, will be made no later than its December meeting of any odd -numbered year for the next reclassification cycle. 16 (6) Requests to modify or terminate the agreement must be initiated by all of the schools if the agreement has been in place for four years or less. Thereafter, any school to the agreement may submit a request to modify or terminate the agreement, subject to the applicable provisions set forth in subsection B3. (b) Grounds for Termination. (1) Agreements are for at least a two-year enrollment classification cycle. (2) Agreements may be terminated by the PIAA Board of Directors prior to the expiration of a two-year enrollment classification cycle under the following conditions: (a) Closing of one of the schools; (b) Substantiated complaints from surrounding schools concerning recruiting by one of the participating PIAA member schools; (c) Substantiated complaints from parents, School Boards, and/or students in one of the participating PIAA member schools; and/or (d) Other valid reasons as determined by the PIAA Board of Directors. (3) Agreements may be terminated by the PIAA Board of Directors, after a two-year enrollment classification cycle, upon request by all parties to the Agreement and the request is absent good cause for not doing so. (4) Agreements may be terminated by the PIAA Board of Directors, after two, two-year enrollment classification cycles, upon request by any participant in the Agreement and the request is absent good cause for not doing so. C. Effect of Termination of Cooperative Sponsorship of a Sport Agreement. Any student whose own school does not sponsor a particular sport and who was a member of a Team during the season that a Cooperative Sponsorship of a Sport Agreement was in place may, upon termination of such agreement, and with the consent of the Principals of the schools to the agreement, continue to participate on such Team as if said agreement remains in effect. Such student, however, is not eligible to participate on the other school's Team if the student's own school then sponsors a Team in that sport. As it is intended that this provision only permit a phase- out of a Cooperative Sponsorship of a Sport Agreement without negative impact on those students who actually participated under the agreement when it was in place, and not to allow additional participation, should this provision be deemed by any court to be violative of the rights of any other student by denying that student the opportunity to participate on a Team sponsored by another school, this provision shall be stricken in its entirety and, upon termination of any Cooperative Sponsorship of a Sport Agreement, the students shall thereafter be permitted to participate in interscholastic athletics as if no Cooperative Sponsorship of a Sport Agreement had ever existed. ARTICLE IV CONSENT OF PARENT OR GUARDIAN Section 1. Consent of Parent or Guardian Necessary Before Student Begins Practice. Except as otherwise provided in this ARTICLE, a student is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests in each sport only when there is on file with the student's Principal, or the Principal's designee, a certificate of consent, which is signed by the student's parent or 2013-2014 CONSTITUTION guardian. The only valid certificate of consent is the PIAA Parent's/Guardian's Certificate. Section 2. Emancipated Students. A student who is determined by the students school to be emancipated is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests in each sport only when there is on file with the students Principal the student's certification that (1) the student is familiar with the requirements of PIAA concerning the eligibility of students of PIAA member schools to participate in Inter -School Practices or Scrimmages and Contests involving PIAA member schools, including but not limited to requirements relating to age, amateur status, school attendance, health, Transfer from one school to another, seasons and out -of -season rules and regulations, semesters of attendance, seasons of sports participation, and academic performance; (2) the student has been informed by the Principal, Athletic Director, or the Coach concerning PIAA's Season and Out -of -Season Rules and Regulations as they apply to the involved sport; (3) the student consents to the release to PIAA of any portion of school record files of the student, beginning with the seventh grade, necessary to enable PIAA to determine whether the student is eligible to participate in interscholastic athletics involving PIAA member schools, specifically including, without limiting the generality of the foregoing, birth and age records, name and residence address of the student, academic work completed, grades received, and attendance data, and (4) the student consents to an emergency medical care provider to administer any emergency medical care deemed advisable to the welfare of the student while the student is practicing for or participating in Inter -School Practices or Scrimmages and Contests. ARTICLE V HEALTH Preamble Participation in interscholastic athletic competition is intended to develop and strengthen the body and character of the participant. Participation can also be, and often is expected to be, demanding and stressful. Participation in contact sports may further provide heightened exposure of the athlete to communicable diseases, illnesses, and/or injuries. While injuries are an inherent risk of any physical activity, and the avoidance of all illnesses not realistic, PIAA believes that the risk of such injuries and illnesses can be minimized through proper Coaching, training, and supervision. PIAA further believes that all students should have a thorough pre -participation physical evaluation, by an Authorized Medical Examiner, to ensure that there are present no obvious illnesses and/or injuries, which would place the student or others of enhanced risk or injury through the students participation in interscholastic athletics. Finally, PIAA believes that a review and re -certification of some students is necessary prior to their participation in their next sport season. Section 1. Comprehensive Initial Pre -Participation Physical Evaluation. No student is eligible to participate in Practices, Inter -School Practices, Scrimmages and/or Contests unless the student has completed a comprehensive initial pre -participation physical evaluation ("CIPPE") performed by an Authorized Medical Examiner, and the Authorized Medical Examiner has completed the PIAA Comprehensive Initial Pre -Participation Physical Evaluation Form ("CIPPE Form"). Section 2. Certification. By signing the PIAA CIPPE Form, the Authorized Medical Examiner certifies that the student is physically fit to commence Practice and participate in Inter -School Practices, Scrimmages and/or Contests in the sport(s) approved by the student's parent. In certifying whether a student is physically fit to participate in Practices, Inter -School Practices, Scrimmages and Contests in a particular sport(s), the Authorized Medical Examiner (a) is expected to have or, if not already in possession of it, obtain, a working understanding of the physical requirements of the sport(s) in which the student is to Practice and participate; (b) should review a health history of the student; and (c) should perform a CIPPE appropriate for the sport(s) for which certification is being sought. Section 3. Re -Certification. Any student who (1) previously participated in PIAA interscholastic athletic competition pursuant to a CIPPE; and (2) is seeking to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests in subsequent sport(s) in the same school year, must, not earlier than six weeks prior to the first Practice day of the next sports season, complete and turn in to that student's Principal the Re -Certification by Parent/Guardian part of the CIPPE Form. The Principal, or Principal's designee, of that student's school must review the Supplemental Health History of that student and, if any Supplemental Health History questions are either checked yes or circled, shall require that student to submit a completed Section 8, Re -Certification by Licensed Physician of Medicine or Osteopathic Medicine, to the Principal, or Principal's designee of that student's school prior to that student's additional participation in interscholastic athletics. Section 4. Timing. The CIPPE may not be authorized earlier than June 15t and is effective, regardless of when performed during a school year, until the next May 31St INTERPRETATION December 29, 1959, as amended May 26 and July 22, 1982; July 22, 1983; July 19, 1996; April 6 and October 5, 2002; July 27, 2006; and July 25, 2008. The minimum wrestling weight at which a student may wrestle must be certified to by an Authorized Medical Examiner no earlier than six weeks prior to the first Regular Season Contest day in that sport. The minimum wrestling weight is to be recorded on the CIPPE Minimum Wrestling Weight form, which is placed on file with the student's Principal, or the Principal's designee. ARTICLE VI TRANSFERS, RESIDENCE, AND RECRUITING Preamble The purpose of this ARTICLE is to deter Transfers and/or recruiting which are materially motivated in some way by an athletic purpose. PIAA and its member schools believe that interscholastic athletics has a valuable role in the overall development of students and is a useful character building tool. PIAA and its member schools believe further that, despite increasing societal pressures to elevate the role of competitive athletics in society and in the educational process, athletics should remain subservient to academics. Students who make decisions as to what school to attend based upon factors relating to athletics defeat this objective. Further, such decisions are detrimental to efforts to maintain competitive integrity and equity, to prevent athletic recruiting, and to instill school loyalty. PIAA recognizes the difficulty in preventing Transfers which are materially motivated in some way by an athletic purpose. Experience has shown that students can often disguise athletically motivated Transfers and, in almost every situation, show at least some legitimate purposes for such Transfers. PIAA further recognizes that Regional Panels and District Committees, without subpoena powers or investigatory staffs, may not be able to consistently and effectively police athletically motivated Transfers. Further, efforts to measure how much of a 17 BY-LAWS 2013-2014 factor athletics must play in a decision before it is considered improper is, while possible, also extremely difficult. In light of the above stated important educational and organizational objectives, and the challenges presented in attempting to prevent athletically motivated Transfers, PIAA has adopted an approach that is intended to strongly discourage and deter students from transferring for athletic purposes. The Board of Directors recognizes that this approach may, on occasion, result in a presumption of ineligibility for students who may not have actually considered athletics as a factor in transferring, and may conversely not catch all students who actually considered athletics as a factor. Consequently, the following ARTICLE includes a provision which provides the Regional Panels and District Committees, within their respective jurisdictions, with the power, under appropriate circumstances, to change eligibility status to meet the objectives of this ARTICLE. Section 1. Definition of Transfer. A Transfer occurs in any situation in which a student seeks eligibility to participate in interscholastic athletics at a school other than the one at which the student was either enrolled or otherwise eligible. A student who either enrolls at or otherwise seeks eligibility to participate in interscholastic athletics at a PIAA member school, other than the one at which the student was either enrolled or otherwise eligible, between the end of a school year and the first Practice day of fall sports for the next school year, as established under ARTICLE XVI, SEASON AND OUT -OF - SEASON RULES AND REGULATIONS, of the PIAA By -Laws, but who neither Practices with nor attends that member school, shall, unless a request for determination of eligibility relating to that enrollment has first been ruled upon by a Regional Panels or District Committee, within their respective jurisdictions, be deemed for purposes of this ARTICLE VI not to have transferred to that member school. Section 2. Presumptive Eligibility. Subject to Section 4C of this ARTICLE, a transferring student is presumed to be eligible if the student meets one of the following provisions: A. Natural Break Transfer. Promotion from a junior high/middle school to a senior high school is considered a Transfer between schools. A student, who has made a Natural Break Transfer and who has not previously participated on a different senior high school Team in any sport, is presumptively eligible immediately for interscholastic athletics. B. Administrative Transfer. For administrative, non -disciplinary purposes, the student has been transferred by executive action initiated by school administrative personnel to a PIAA member school within the same public school district or, if previously enrolled at a Catholic school, within the same Archdiocese or Diocese. An expulsion does not constitute an administrative Transfer under this subsection. C. Change of Residence of Parent(s). The student (1) has moved with and resides with the student's natural or, if legally adopted, the student's adoptive parents, or with either parent and (2) has transferred to a PIAA member school in the public school district in which the student now resides, or to a Private School. Upon the separation of the student's natural or adoptive parents, the student has accompanied the parent departing from the family residence and resides with the departing parent in the public school district in which that parent establishes residence; and the student has transferred to a PIAA member school in the public school district in which the student now resides, or to a Private School. 18 A student whose natural or adoptive parents are separated, and who has more than one Transfer from a public school district where one parent resides to a public school district where the other parent resides, shall have the student's eligibility determined under Section 4 herein. D. Change of Residence of Legal Guardian(s). The student (1) has moved with and resides with legal guardian(s), appointed by order of a Court of Common Pleas; (2) has transferred to a PIAA member school in the public school district in which the student now resides, or to a Private School; and (3) the student's eligibility is approved by the Regional Panel or District Committee, within their respective jurisdictions. If the appointment of a legal guardian is pending, the student will be eligible when such eligibility is approved by the Regional Panel or District Committee. E. Change of Residence of Foster Parent(s). The student (1) has moved with and resides with foster parents, with the approval of the local child welfare organization; and (2) has transferred to a PIM member school in the public school district in which the student now resides, or to a Private School. F. School Closing. The school where the student has attended is abolished. G. Boarding School Student. The student has enrolled at, and resides in housing provided by and on the campus owned by, a Private School. NOTE: This relates only to Transfers. Students who are placed by court order or as a result of disability must still meet the applicable requirements of ARTICLE III, ATTENDANCE, Section 1, Where Enrolled for Attendance, and Section 9, Students Placed by Court Order or as a Result of Disability, of the PIAA By -Laws. H. Transfer From Court Assigned School. Upon transferring from a school at which a student was placed pursuant to a court order, said student is presumptively eligible at (1) a public school in the district of residence of the student where the student would have otherwise attended but for the judicial assignment and, if different, (2) the school at which the student attended prior to placement pursuant to court order. If the student transfers to any other school, the student is presumptively ineligible in all sports played within one year prior to transfer. Notwithstanding the provisions of Section 4 of this ARTICLE, said period of ineligibility will be lifted only if the student demonstrates by clear and convincing evidence that the decision to enroll at such school was not motivated by a desire to play for or with a particular student, school, Coach or Team. Section 3. Ineligible Students. A student not presumptively eligible under Section 2 of this ARTICLE is presumptively ineligible to participate in each sport in which the student participated within one year immediately preceding the date of the student's Transfer. The student is presumptively eligible in all other sports. Section 4. Regional Panel or District Committee Review. A. Certification of Principals. Notwithstanding Section 3 of this ARTICLE, a Regional Panel or District Committee, within their respective jurisdictions, may grant eligibility where the Principal of the PIAA member school at which the student enrolls submits to the Regional Panel or District Committee a completed and properly executed PIRA Athletic Transfer Waiver Request Form, which includes: 1. A certification from the Principal of the PIAA member school to which the student transferred that (a) that school's Principal has interviewed the transferring student and the Director of Athletics for that Principal's school; (b) none of the twelve illustrations set forth in Section 4D or the thirteen illustrations set forth in Section 7B of this ARTICLE are applicable; (c) the information from the PIM member school to which the student transferred, as set forth on the 2013-2014 CONSTITUTION PIAA Athletic Transfer Waiver Request form, is true and correct; and (d) upon completion of the investigation, the PIAA member school's Principal believes that the Transfer was not materially motivated in some way by an athletic purpose. 2. A certification from the Principal of the school from which the student transferred that (a) that school's Principal has interviewed the Director of Athletics for that Principal's school and, if possible, the transferring student; (b) none of the twelve illustrations set forth in Section 4E or the thirteen illustrations set forth in Section 8B of this ARTICLE are applicable; (c) the information from the school from which the student transferred, as set forth on the PIAA Athletic Transfer Waiver Request form, is true and correct; and (d) upon completion of the investigation, the school's Principal believes that the Transfer was not materially motivated in some way by an athletic purpose. B. Waiver of Ineligibility. 1. General Waiver. A student who is not otherwise eligible under Section 2 of this ARTICLE may, through the Principal of the school at which the student seeks eligibility, request that the Regional Panel or District Committee, within their respective jurisdictions, waive the period of ineligibility in all sports. Said waiver may not be granted if the Regional Panel or District Committee finds that there exists a reasonable likelihood that the Transfer was materially motivated in some way by an athletic purpose relating to all sports or if such determination would otherwise circumvent the purpose of this ARTICLE of deterring Transfers which are materially motivated in some way by an athletic purpose. If granted, eligibility is effective as of the date of Transfer. 2. Partial Waiver. A student who is not otherwise presumptively eligible under Section 2 of this ARTICLE may, through the Principal of the school at which the student seeks eligibility, also request that the Regional Panel or District Committee, within their respective jurisdictions, waive the period of ineligibility in those specific sports where the Transfer was not materially motivated in some way by an athletic purpose. Said waiver may not be granted if the Regional Panel or District Committee finds that there exists a reasonable likelihood that the Transfer was materially motivated in some way by an athletic purpose relating to those sports or if such determination would otherwise circumvent the purpose of this ARTICLE of deterring, Transfers which are materially motivated in some way by an athletic purpose. If granted, eligibility is effective as of the date of Transfer. C. Review and Rescission of Presumptive Eligibility. Notwithstanding Sections 2 and 3 of this ARTICLE, a Regional Panel or District Committee, within their respective jurisdictions, may, following a student's Transfer and upon request of the Principal of a PIAA member school, or on its own initiative, after giving notice to the students school and an opportunity to be heard to the student and the student's school, (1) declare any transferring student ineligible to participate in each sport in which that student participated within a period of one year immediately preceding the date of Transfer, if the Committee finds that there exists a reasonable likelihood that the Transfer was materially motivated in some way by an athletic purpose or would otherwise circumvent the purpose of the ARTICLE of deterring Transfers which are materially motivated in some way by an athletic purpose; and/or (2) if a finding is specifically made that there exists a reasonable likelihood that the Transfer was materially motivated in some way by an athletic purpose relating to specific sports, declare that the student is ineligible to participate in those sports for one year from the date of Transfer, regardless of whether the student actually participated in those sports for the year preceding the date of Transfer. D. Subsequent Transfer. A student who Transfers again during the one-year period of ineligibility remains ineligible, in the applicable sports, until the conclusion of that year. E. Transfers which are motivated in some material way by an athletic purpose are those Transfers which would not have occurred but for a desire of the student or the students family (1) to gain additional playing time; (2) to play for a particular school, Coach, or Team; (3) to avoid either playing for, or athletic sanctions imposed by, a particular school, Coach, or Team; and/or (4) to gain increased media or college exposure. The following is an illustrative, but not exhaustive, list of situations which may indicate athletic purpose: 1. The student, or a parent or guardian, or an adult with whom the student resides, is dissatisfied with the student's position or the amount of playing time which the student receives. 2. The student, or a parent or guardian, or an adult with whom the student resides, has a problem with a Coach or school athletic administration at either a personal or professional level. 3. The student, or a parent or guardian, or an adult with whom the student resides, seeks relief from conflict with the philosophy or action of an administrator or teacher relating to sports. 4. The student, or a parent or guardian, or an adult with whom the student resides, seeks to avoid or nullify the effect of actions or anticipated actions by the previous school relating to sports eligibility. 5. Except as provided for under Section 5 of this ARTICLE, there is no Team in the particular sport at the school from which the student has transferred. 6. The student follows the student's Coach or other student -athletes to another school to which the Coach or athletes have transferred or seeks to play for a particular Coach or with a particular athlete due to a prior relationship with the Coach or athlete (such as through club or AAU participation) or because of the reputation of the Coach. 7. The student, or a parent or guardian, or an adult with whom the student resides, desires that the student play on a less successful, smaller enrollment classification and/or lower profile Team in order to be ranked higher among the students on that Team. 8. The student, or a parent or guardian, or an adult with whom the student resides, desires that the student play on a more successful, larger enrollment classification and/or higher profile Team to gain a higher level of competition and/or more exposure to college scouts. 9. The student moves with one parent, one guardian, or one or more siblings, into a residence in the new public school district, especially where the student and/or the parent, guardian, or sibling returns to the family home in the evening and/or on weekends. 10. The student, or a parent or guardian, or an adult with whom the student resides, seeks out Athletic Personnel and/or student -athletes at the transferee school. 11. The student Transfers in the middle of a marking period and/or immediately before or after a sports season. 12. The student transfers immediately after being cut from a Team in a particular sport. NOTE: A student who Transfers because of alleged bullying, harassment or other misconduct by (1) Coaches and/or other members of a sports Team and/or (2) if related to the student's participation in interscholastic athletics, by other students, is nevertheless considered to have transferred in some material way for an athletic purpose unless the student demonstrates that (1) the alleged misconduct is corroborated by evidence and/or testimony from persons unrelated to the student and/or the 19 BY-LAWS 2013-2014 student's family; (2) the student timely sought assistance of appropriate school personnel to address such misconduct; and (3) the District Committee finds that such misconduct produced severe and unusual conditions which would have prevented a reasonable student under similar circumstances from receiving an appropriate education at the school. Section 5. Transfers Following Expulsion or Anticipated Expulsion. A student who is expelled from a school, or who withdraws pending likely expulsion, for conduct which, had the student been allowed to remain at the sending school, would likely have resulted in loss of the opportunity to participate in interscholastic athletics at that school is ineligible to participate in interscholastic athletics at the receiving school for a period of one year from the date of transfer or, if the student demonstrates by compelling evidence that the period of ineligibility at the sending school would have been less, for the demonstrated period of ineligibility at the sending school. Section 6. Termination of Team(s) for Budgetary Reasons. Notwithstanding any other provision under this ARTICLE, a student enrolled at, or who would have otherwise been promoted to, a PIAA member school which ceases, primarily for budgetary reasons, to sponsor one or more of its Teams (the "Terminating School") may Transfer to, and be eligible to participate in interscholastic athletics at, another PIAA member school (the "Receiving School") under the following conditions: a. Within one year immediately preceding the date of Transfer, the student must have been a member of the Team which was subsequently terminated primarily for budgetary reasons, by the Terminating School or, if being promoted, was a member of a Feeder School's Team in that sport; b. The student, because of the termination of the Team primarily for budgetary reasons, Transfers to a public school or Private School located within the public school district of the students residence or to such a school located in a contiguous public school district; c. The student must submit to the District Committee of the students residence a properly executed PIAA Member School Athletic Transfer Waiver Request Form specifying that the reason for the Transfer is the termination of the Team, primarily for budgetary reasons, by the Terminating School, accompanied by certification by the Terminating School's Principal confirming that (1) the Team was terminated; (2) the Team was terminated primarily for budgetary reasons; and (3) the student participated within one year immediately preceding the date of the student's Transfer on the terminated Team at the Terminating School or on one of its Feeder School Team's in that sport; d. Upon receipt of the applicable Form and certifications, the District Committee shall provide confirmation to the student and the Receiving School's Principal that the student is eligible at the Receiving School in the sport which had been terminated primarily for budgetary reasons by the Terminating School; e. A student desiring to play any other sports at the Receiving School must so indicate such intention upon submission of the PIAA Member School Athletic Transfer Waiver Request Form (a supplemental Form may be submitted later if the student does not know at the time of the initial submission whether the student will participate in additional sports at the Receiving School). The applicable District Committee may conduct an inquiry as to whether the student's Transfer was materially motivated in some way by an athletic purpose relating to that sport and, if it so finds, may declare the student ineligible to participate in sports other than the terminated sport for a period of one year 20 immediately following the date of the student's Transfer. The student may, however, re -enroll at the Terminating School and remain eligible to participate in all sports at that school. Upon such re -enrollment, the student is not later entitled to eligibility under this Section should the student again Transfer for the same terminated sport. f. Should the Terminating School reinstate the terminated sport in a future year, a student who has transferred is permitted to Transfer back to the Terminating School and shall, without further action, is automatically eligible to participate in all sports at the Terminating School. Nothing in this Section shall be construed to require any PIAA member school to accept a student requesting to Transfer to that school. This Section is not applicable where the Terminating School has entered into a Cooperative Sponsorship of a Sport Agreement with any other PIAA member school to permit participation by students at the Terminating School in the terminated sport. Any PIAA member school, or affiliated personnel or persons, which in any way recruits students from a Terminating School is subject to the provisions of ARTICLE VI, TRANSFERS, RESIDENCE, AND RECRUITING, Section 7, Recruiting, of the PIAA By -Laws. Section 7. Feeder Schools for Private Schools. Any member Private senior high School may submit to PIAA a list designating its Feeder Schools. Such submission is necessary for the schools to be recognized as Feeder Schools for a particular school. The list of designated Feeder Schools must be signed and submitted by the Principal and must be certified as correct (a) in the case of Catholic schools under either Archdiocesan or Diocesan jurisdiction, by the Archdiocesan or Diocesan Superintendent of Schools, or (b) in the case of other member Private senior high Schools, by the Superintendent or by the President of the Board having jurisdiction over the member Private senior high School. Upon any change in its list of Feeder Schools, that member Private senior high School must submit to PIAA a list of those changes, signed and certified in the same manner as is required for the original identification of its Feeder Schools. Upon submission, for purposes of the PIAA Constitution and By -Laws, this list shall constitute the schools in the member Private senior high School's "school district." Where a Catholic junior high/middle School under either Archdiocesan or Diocesan jurisdiction disagrees with its being designated as a Feeder School for a particular member Private senior high School, or where such a school is designated as a Feeder School by multiple member Private senior high Schools, the designation(s) by the Archdiocesan or Diocesan Superintendent of Schools shall control. If any other Private junior high/middle School disagrees with it being designated as a Feeder School for a particular member Private senior high School, the Private junior high/middle School must so designate the member Private senior high School(s) for which it is a Feeder School and such designation shall control. For the purpose of providing for participation at a member Private senior high School of seventh and eighth grade students enrolled at Feeder Schools of that member Private senior high School, such Feeder Schools may collectively apply for membership as a single Private junior high/middle School. In such instance, PIM will recognize the Principal of that member Private senior high School as the Principal of the collective member Private junior high/middle School created for this purpose. 2013-2014 CONSTITUTION Section 8. Recruiting. One of the purposes of this ARTICLE is to deter recruiting which is materially motivated in some way by an athletic purpose. Recruiting for athletic purposes is directly contrary to fundamental interests of PIAA and its member schools and any school engaged in such conduct should do so with the expectation that it will be treated harshly upon proof of such conduct. Recruiting which is materially motivated in some way by an athletic purpose is contrary to the fundamental objectives of (1) keeping athletics in their proper place and subordinate to academics; (2) protecting student -athletes from "exploitation" by adults and those having interests which might not be consistent with those of the student; and (3) maintaining competitive equity and a level playing field among PIAA member schools. Recruiting which is materially motivated in some way by an athletic purpose is defined as efforts by a school, or any of its employees, agents, or representatives, to engage in, support, or condone conduct whereby a motivating factor is to seek out one or more athletes to attend a particular school; to promote a school's athletic program or personnel other than as part of the overall program at the school; and/or, to provide preferential treatment or attention to prospective enrollees who are athletes. A. Upon a Regional Panel's or District Committee's, within their respective jurisdictions, receipt of: either (1) a signed complaint from the Principal of a PIM member school, or (2) otherwise credible information that (a) a representative of a school's Athletic Personnel, or any other person affiliated with the school, influenced, persuaded, or attempted to influence or persuade one or more students, or one or more parents or guardians of such student(s), or an adult with whom the student(s) reside, to Transfer to, or otherwise obtain athletic eligibility at, that school for the purpose of participating in athletics at that school, or (b) the school, its Athletic Personnel and/or individuals affiliated with the school in other ways engaged in recruiting of students for an athletic purpose, the Regional Panel or District Committee must give notice to the school of such complaint or credible information and shall convene a hearing to consider whether any such individuals or the school, by itself or through its Athletic Personnel or other persons affiliated with the school, has engaged in recruiting of students for the purpose of participating in athletics. B. The following is an illustrative, but not exhaustive, list of situations which may indicate recruiting which is materially motivated in some way by an athletic purpose: 1. Placing an advertisement in a newspaper or other literature directed toward prospective recruits touting the athletic successes of a school's Teams and/or students. NOTE: A comprehensive brochure or comparable piece of literature discussing all or most aspects of the school, including, but not focusing on, the athletic program, will not be deemed to constitute recruiting for an athletic purpose. 2. Providing a student -athlete of another school, including a lower level school, other than a Feeder School of that senior high school, with free transportation, tickets, or admissions to a Contest, unless such free transportation, tickets, or admissions are made available to all students, or to all students at the same school, or to all students in the same grade level at the same school. To promote interest in youth sports programs, member senior high schools may also provide free, or reduced -price, admission to Contests for all members of youth sports Teams, provided that public senior high schools make such offer only to Teams based within the geographic boundaries of their public school district and member Private senior high Schools make such offer only to Teams affiliated with that school's sponsoring entities or organization(s) or where at least 50% of the Team members attend a Feeder School for that member Private senior high School. 3. Using AAU or other amateur athletic Coaches to steer students to a particular school. 4. Offering, to an athlete, scholarships or financial aid that is not available to other students at the school. 5. Encouraging the parents or relatives of an athlete attending a school, other than a Feeder School of that senior high school, to influence the student to enroll at that school to play sports there. 6. Promising playing time or a position on a Team to a student. 7. Meeting with athletes of a school, other than a Feeder School of that member senior high school, individually or as a group, to encourage them to enroll at a particular school. NOTE: This does not prohibit meeting with students who attend a school open house, which is open to all potential enrollees of that school. This also does not prohibit school personnel from visiting non -Feeder Schools of that member senior high school and speaking with entire classes, which may include athletes. The use of Athletic Personnel to engage in visits to non -Feeder Schools of a member senior high school is not prohibited but may be determined, following a hearing, to be recruiting for an athletic purpose if a focus of the appearance was on athletics, athletes, or promotion of the Athletic Personnel's role as a Coach or member or representative of the athletic department. 8. Providing transportation or other inducements to any prospective student -athlete to take a qualifying examination at a school or to meet with school officials, unless such opportunities are provided to all students at a particular school or grade level. 9. Athletic Personnel of a member senior high school directly, or through another person, encouraging a student or the parents of a student attending a school, other than a Feeder School of that member senior high school, to have the student enroll at the school of the Athletic Personnel. NOTE: This restriction does not prohibit school personnel from responding to purely student - or student family - initiated inquiries to the personnel about athletic programs at the school. 10. Providing any item with school advertisement (such as shirts, pennants, caps, jackets, etc.) unless such offer is made to all students of a particular school or class. 11. Athletic Personnel of a member senior high school attending a lower level school Contest and, immediately before, during, or after the Contest, speaking to or with the players from one or both Teams. The Athletic Personnel are, however, permitted to speak to or with players from a Feeder School of the Athletic Personnel's school. NOTE: This restriction does not prohibit Athletic Personnel from simply attending and observing any Contest nor does it prohibit Athletic Personnel from having contact with students on a Team, if the Athletic Personnel's son(s) and/or daughter(s) is (are) on that Team. 12. Participation by a student in non -school athletics (i.e. MU, American Legion, club settings, etc.) on a Team that is affiliated with any school other than the school which the student attends, or attended the prior year, followed by a Transfer by that student to the affiliated school. A Team affiliated with a school is one that is organized by and/or coached by any member of the Coaching staff at, or any other person affiliated with, that school; and/or on which the majority of the members of the Team (participants in Practice and/or competition) are students who attend that school. 21 BY-LAWS 2013-2014 13. Organizing, leading, or participating in a sports camp or clinic or speaking at a sports banquet or function are not, by themselves, considered to be recruiting for an athletic purpose. However, if the Athletic Personnel involved in the camp, clinic, or speech use the opportunity to promote their own school, such effort may be deemed to constitute recruiting for an athletic purpose. C. If the Regional Panel or District Committee, within their respective jurisdictions, finds that the school, a representative of the school's Athletic Personnel, or any other person, affiliated with the school, approached a student, or a parent or guardian of that student, or an adult with whom that student resides, and attempted to influence and/or influenced that student to Transfer to that school for the purpose of participating in athletics at that school, or otherwise engaged in recruiting which is materially motivated in some way by an athletic purpose, the offending school will be subject to any of the penalties described in ARTICLE XIII, PENALTIES, of the PIAA By -Laws. D. Any person determined to have engaged in recruiting which is materially motivated in some way by an athletic purpose shall be disqualified from Coaching any athletic Teams of PIAA members for a period of at least one year. INTERPRETATIONS December 13, 2012. A student who is determined to be eligible by a District Committee or Regional Panel under Section 4 of this ARTICLE retains eligibility unless and until such decision is reversed by the Board of Directors. Any Contests participated in by the student prior to reversal are not subject to forfeiture for use of an ineligible participant. December 17, 2010. For purposes of this ARTICLE, participation in a sport is deemed to include seasons of participation by both genders in that sport. A student participating in girls' soccer, for example, is deemed to have also participated in boys' soccer for that school year. The following sports are subject to this Interpretation: basketball, bowling, cross country, golf, lacrosse, rifle, soccer, swimming and diving, tennis, track and field (indoor and outdoor), volleyball, and water polo. January 29, 2010. A student who remains in the student's present school after the student, the student's parent(s), legal guardian(s), or foster parent(s), as applicable, has changed residence to another public school district, retains eligibility at that school until such time as the student seeks eligibility to participate in interscholastic athletics at another school. October 22, 1960; as amended January 31, 2004. A student, who upon release from a correctional institution to which the student was assigned by the court, returns to the school of the student's home public school district, is eligible immediately. December 2, 1983. A student who Transfers to and attends a school upon the affidavit of a resident of the public school district is subject to ARTICLE VI to the same extent as any other student. Section 1. December 28, 1966; as amended July 25, 2008. A student enrolled on a full-time basis in a high school, who takes college courses on a part-time basis, is not considered to have transferred because of taking the college courses. Section 1. April 1, 1950; as amended January 31, 2004. A student who takes summer school courses is not considered to have transferred. 22 ARTICLE VII FOREIGN EXCHANGE STUDENTS, INTERNATIONAL STUDENTS, AND FOREIGN STUDENTS Section 1. Foreign Exchange Student. A Foreign Exchange Student is a student who: 1. is in the United States (US) on a US Department of State -issued J-1 visa; 2. is a participant in a program that has been recognized by the US Department of State, and has been accepted for listing by the Council on Standards for International Educational Travel (CSIET); 3. is assigned to a host family by a method that ensures that no student, or the student's parents, school, or other interested party materially influences that assignment in some way for an athletic purpose; 4. is not selected or placed on any basis relating to the student's athletic abilities or interests; 5. does not reside with any member of the school's paid or voluntary Coaching staff, who Coaches a sport or sports in which the student will participate; 6. meets the requirements of ARTICLE I (the Age Rule), ARTICLE II (the Amateur Rule), and ARTICLE V (the Comprehensive Initial Pre -Participation Physical Evaluation [CIPPE] Rule) of the PIAA By -Laws; and 7. is in full-time attendance at a PIAA member school. INTERPRETATION Section 1. October 4, 2003. A US Department of State -issued Certificate of Eligibility for Exchange Visitor (J-1) Status (DS -2019) is deemed to be the equivalent of a J-1 visa for Canadian nationals. Section 2. International Student. An International Student is a student who: 1. is in the United States (US) on a US Immigration and Naturalization Service -issued F-1 visa; 2. enters the US for reasons that are not materially motivated in some way by an athletic purpose; 3. does not reside with any member of the school's paid or voluntary Coaching staff, who Coaches a sport or sports in which the student will participate; 4. meets the requirements of ARTICLE I (the Age Rule), ARTICLE II (the Amateur Rule), and ARTICLE V (the Comprehensive Initial Pre -Participation Physical Evaluation [CIPPE] Rule) of the PIAA By -Laws; and 5. is in full-time attendance at a PIAA member school. Section 3. Foreign Exchange Studentllnternational Student Eligibility Agreement. A Foreign Exchange Student or International Student becomes eligible for a period of one year at the PIAA member school which the student attends upon the determination of the PIAA District Committee having jurisdiction over that school that: 1. the student is a Foreign Exchange Student or International Student as defined above; and 2. the student and the host parents, on behalf of the student, have executed and submitted to the District Committee the official "PIAA Foreign Exchange Student/International Student Eligibility Agreement", and required accompanying documents (applicable visa and completed PIAA CIPPE Form), by which the student and the host parents, on behalf of the student, each agrees that the student's eligibility to participate in interscholastic athletics at any PIAA member school ends at the conclusion of the student's one-year of eligibility. Section 4. Ineligible Students. Notwithstanding any provision of ARTICLE VI, a student who receives one-year of eligibility under this ARTICLE VII shall thereafter be ineligible to participate in interscholastic athletics at that or any other PIAA member school. 2013 - Section 5. n3-Secton5. American Dependencies and Foreign Students. A American Dependencies. Students from American Samoa, Guam, Puerto Rico, the United States Virgin |u|ondx, and other dependencies of the United States, are neither Foreign Exchange Students nor International Students. Said students must meet all PIAA eligibility provisions. B. Foreign Students. A resident of a foreign country who Transfers to a PIAA member school but who does not meet the requirements in Section 1 or Section 2 above is considered a Foreign Student. The eligibility of Foreign Students shall be determined upon Transfer to a PIAA member school under ARTICLE VI, Section 4 of these By -Laws and the student must meet all other PIAA eligibility provisions. ARTICLE VIII PERIOD OF PARTICIPATION Preamble Genoxo||y, students are provided the opportunity to participate in interscholastic athletics for a four-year period which begins at the conclusion of their eighth grade year and ends four years |ater, regardless of whether the student advances academically or actually participates in interscholastic athletics during this period. The purposes of this limitation are as follows: (1) to provide basic equality of potential eligibility among athietes as each student is afforded the same basic number of semesters of potential athletic eligibility without regard to the number of years it takes the student to complete the high school curriculum; (2) to permit a greater number of students the opportunity to start and play interscholastic athletics; and (3) to discourage athletic red'ohirUng. the practice of holding students back in grades so that they will gain more oxpahenca, size, and ability before graduating from high school. In light of the important purposes of this ART|CLE, and the fact that granting additional eligibility to students will almost always result in denial of playing opportunities for other students, waivers of the Semester Rule are very sparingly granted and permitted only under the most exceptional of circumstances. Illnesses and injuries sustained which only affect a students ability to participate in athletics will not be considered. This ARTICLE is not intended to authorize athletic red -shirts simply because a student is unable to participate in a season due to injury or iUnano, nor are waivers intended to reward illegal or improper conduct. Section 1. Period of Participation. A student may not represent the student's school in interscholastic athletics if the student has: A. Reached the end of the student's fourth consecutive year (8th consecutive semester or the equivalent) beyond the 8th grade year, without regard to the student's period of attendance; B. Participated in six seasons beyond the sixth grade or four seasons beyond the eighth grade in any sport; or C. Completed the work of grades nine, ten, eleven and twelve, inclusive. INTERPRETATION Section 1C. February 8, 1991. An individual who has received a G.E.D., who enrolls in school for the purpose of obtaining a high school dip|oma, and who returns that individual's G.E.D. to the G.E.D. Office, is eligible to participate in interscholastic athletics provided the student is eligible in all other respects. Section 2. When a Student Participates in a Season. A studenis considered as representing the student's schoo during a particular season in a sport only if the student has participated in a Regular Season or Postseason Contest in that sport. 2014 CONSTITUTION Section 3. Student Entering at Mid -Year. A student who enters school in the second semester and plays two part seasons in the same sport in separate school yeana, shall be considered as playing the equivalent of one season. Section 4. What Constitutes a Semester. The first haif of the total number of school days in a school term shall constitute the first semester; the second half shall constitute the second semester. Athletically, the first semester shall continue until such time as the second semester actually begins. Section 5. Continuing Eligibility. A student who has used all remaining eligibility may retain eligibility for any portion of that athletic schedule not completed by the end of the semester in which the student was eligible, provided the student is eligible in all otherespects. INTERPRETATION Section 5. May 21, 1981. A student who graduates from high school prior to completion of the athletic season of a sport in which the student is participating remains eligible in that sport for any portion of its athletic season not completed by the time of the student's graduation, provided the student is eligible in alt other respects. Section 6. Waiver of Sections IA A and/or 1B. A waiver of Section 1 B may not be considered by the District Committee unless thaDistrict Committee has waived Section 1A. Section 1C may not be waived by a District Committee. A. Illness or Injury: The District Committee rnay waive Sections 1A and/or 1B in cases of illness and/or injury which caused at least 60 days of absence from school during the school year, whioh, because of such obsencau, was subsequently repeated, or 45 days of absence from school during the onmoa0er, wh\nh, because of such eboancao, was subsequently repeated. A waiver of Section 1B may be granted if the student participated in no more than 25% of the maximum number of Regular Season Contests in the sport during the school year or semester, which was subsequently repeated. No more than two semesters and/or one season in the sport may be waived by the District Committee. B. Severe and Unusual Personal Hardship: The District Committee may waivo Sections 1A and/or 1B in cases where a student demonstrates that the student repeated a school year or semester for a reason beyond the student's oontm|, which produced severe and unusual envimnmenta|, uooio|, and/or emotional conditions whioh, in turn created a debilitating personal non -athletic hardship which would have prevented a reasonable student under similar circumstances from satisfactorily completing a school year or semester. No more than two semesters and/or one season in the sport may be waived by the District Committee. In considering a request pursuant to this provision, the District Committee shall apply the following: 1. A waiver of Section 1B may not be granted under this provision unless the student participated in no more than 25% of the maximum number of Regular Season Contests in the sport during the school year or semester, which was subsequeritly repeated. 2. A repeat of a school year or semester to remedy academic credit deficiencies and/or failures is not, by itoo|f, considered grounds for a waiver under this provision. Howover, severe and unusual debilitating external circumstances beyond the student's control which can be demonstrated to have caused the academic credit deficiencies and/or failures may be considered if the student demonstrates that the student, and the student's fami|y, exercised objectively reasonable efforts during the school 23 BY-LAWS 2013-2014 year or semester, which was subsequently repeated, to address the academic credit deficiencies and/or failures. 3. A medical, emotional, and/or psychological condition diagnosed based on observations and information obtained subsequent to the repeated school year or semester will not be considered as a basis for a waiver unless the student and/or the student's family, during the school year or semester, which was subsequently repeated, took reasonable steps based on the knowledge possessed by them during that period to seek out appropriate diagnosis and medical treatment for the condition. 4. A waiver may not be granted if there is any evidence of athletic red -shirting, as defined in the Preamble to this ARTICLE. 5. A waiver may not be granted where the repeat of a school year or semester is the result of a voluntary action by a family, even if the decision is for otherwise sound personal or academic reasons, such as to allow the student to mature or improve academically. 6. In situations where a student asserts that the repeat of a school year or semester was the result of a psychological or emotional condition, the District Committee may consider the severity of the condition in relation to the student population in general to assess whether the condition is severe, unusual, and debilitating. 7. Economic difficulty and/or residence in a single parent home are, by themselves, unfortunate but not of such an unusual nature in today's society as to support a waiver of this provision. 8. Upon a student's Transfer to another school, the recommendation or insistence of the Receiving School that the student repeat the previous school year is not grounds for a waiver if the student would have advanced to the next grade had the student remained at the student's previous school. C. A waiver may not be granted under this ARTICLE if the repeat of the school year or semester results from illegal conduct on the part of the student, or conduct that resulted in expulsion. Notwithstanding the previous sentence, a District Committee may grant a waiver to a student who repeated a school year or semester due to the students admission to and confinement in a substance abuse treatment facility, provided that such admission was voluntary and without the student having been so admitted pursuant to a criminal conviction, adjudication, or court order. This exception is intended to encourage recognition and voluntary treatment of serious substance abuse problems. D. The District Committee may waive Section 1A in cases where a student, as part of a program that has been recognized by the US Department of State and has been accepted for listing by the Council on Standards for International Educational Travel (CSIET), attended a school in a foreign country which did not offer an interscholastic athletic program. NOTE: So that the District Committee may make a timely and informed decision, it is requested that the Principal notify the District Committee whenever a situation dictates a possible request for additional eligibility. E. Waiver to Participate at the Junior Varsity Level of Competition. The District Committee may grant a limited waiver of Sections 1A and/or 1B to permit a Student With A Disability to participate at the Junior Varsity level of competition following an individualized assessment of the student's condition in relation to the purposes of this ARTICLE and the potential impact of participation by the student on opponents and teammates if the District Committee concludes that: 1. the student suffers from a physical, mental, or emotional disability which has been recognized by, and certified to by, a treating physician or psychiatrist; 24 2. the student has a current Individualized Education Plan (IEP) or a Chapter 15 Service Agreement relating to the certified to disability, at the student's school; 3. the student would likely not, due to the students physical size, athletic ability, and/or other characteristics, pose an increased risk of harm to opponents; and 4. the student is otherwise eligible under these By - Laws. INTERPRETATION Section 6. March 21, 2013. The Maximum Number of Regular Season Contests, as used in this Section, refers to the specific number set forth for each sport in Tables I, 11 and I11 of these By -Laws. Participation by a student at any levels (varsity, junior varsity, etc., or any combination thereof) is included in calculating whether the student participated in at least 25% of the identified Maximum Number of Regular Season Contests. Section 7. Yearly Season Limitation. To promote participation by a broader number of students and to encourage participation by a student in a variety of sports, a student may participate only in one (1) season in each sport during each school year. INTERPRETATIONS March 20, 1965; as amended July 24, 2009. Except as provided in ARTICLE XII, ATHLETIC RELATIONS, Section 1B and ARTICLE XIV, COACHES, Section 2, What Constitutes Coaching, of the PIAA By -Laws, no person who has graduated or withdrawn from high school is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests. April 1, 1950; as amended January 31, 2004; and July 25, 2008. A student who takes summer school courses is not considered to have used a semester of eligibility. Sections 1A and 6A. April 14, 1984. Pregnancy shall be treated as an illness if a physician certifies, in writing, that the student was unable to attend school as a result of pregnancy. Section 5. May 21, 1981. A student who graduates from high school prior to completion of the athletic season of a sport in which the student is participating remains eligible in that sport for any portion of its athletic season not completed by the time of the student's graduation, provided the student is eligible in all other respects. NOTE: This modifies the Interpretation of March 20, 1965. ARTICLE IX REPRESENTATION Section 1. Eligibility of Students who Participated in a Collegiate Scrimmage or Contest. No person who has participated in an athletic competition with or against a team sponsored by a college is eligible to participate in an interscholastic Inter -School Practice, Scrimmage, and/or Contest in that sport. Students do not lose eligibility to participate in an interscholastic Inter -School Practice, Scrimmage, and/or Contest in a sport if they, on an individual basis and as a private citizen, enter and participate in an athletic competition which is open to all persons, including collegiate athletes. Section 2. All-Star Contests. All-star Contests are those Contests in which students participate as individuals and not as members of their school Teams, and (1) the Contests are advertised or promoted as all- star Contests, and/or (2) the students selected to participate are chosen based upon reputation of the athletes or recommendation and/or referral by other persons. Such all-star Contests are not viewed with favor by PIAA as they promote 2013-2014 CONSTITUTION certain participants to the detriment of others and they tend to arbitrarily and subjectively reward students for performance, both of which are contrary to the objectives of cultivating good sportsmanship and preventing unfair competitive advantages to participants. Therefore, students participating in Contests which are advertised or promoted as all-star Contests and/or in which students are selected based upon reputation of the athletes and/or recommendation or referral by other persons are ineligible to participate in interscholastic athletics in the involved sport(s) for a period of one year from the date of such participation. Contests are not considered to be all-star Contests, and participation will not result in a loss of eligibility, if (1) the Contest is not advertised or promoted as an all-star Contest; (2) the Contest is open to all students or to all students in the same grade level or students are selected to participate based upon try -outs or a uniform standard of qualification (such as certified minimum times for a swimming or track event); and (3) students participating in such Contests do not represent their school in the Contests and do not wear any school -affiliated uniform and/or apparel in the Contests. INTERPRETATION Section 2. May 12, 2001. The loss of eligibility in a sport under ARTICLE IX, Section 2, does not affect those students who have previously exhausted their eligibility in that sport at the time the loss of eligibility provided in ARTICLE IX, Section 2, would otherwise occur. This relates almost exclusively to seniors. Section 3. Multiple Teams at Same Level of Competition. If a PIAA member school sponsors more than one Team in a sport at the same level (varsity, junior varsity, or otherwise) of competition, a student is eligible to participate on only one of those Teams in any season. A student may transfer from a Team at one level of competition to a Team at another level of competition but, after the first Regular Season Contest in that sport, may not transfer, either directly or by means of an intermediate transfer between levels of competition, from one Team to another at the same level of competition. A PIM member school is not prohibited from temporarily dividing one or more of its Teams into parts, such as (1) to permit participation of members of the Team in a Regular Season Contest or Tournament while the remainder of the Team participates in another Regular Season Contest or Tournament on the same day, or (2) to enter two Teams in the same Regular Season Tournament. Such participation by the temporarily divided Team constitutes two separate Regular Season Contests or Tournaments and counts against the maximum permitted number of Regular Season Contests for that Team. Section 4. Eligibility of Teams and Multiple Individuals for Championship Contests. A PIAA member school which does not sponsor during the Regular Season a Team which participates in at least 50% of the maximum permitted number of Regular Season Contests in a sport is ineligible to enter a Team in that sport in the District or Inter -District Championship Contests, to receive a Team score in that sport in District or Inter -District Championship Contests, and to enter in that sport in the District or Inter -District Championship Contests any Athletic Event which requires the participation of more than one individual, including but not limited to relay Teams and doubles tennis Teams. This provision is waived if (1) the school scheduled at least 50% of the maximum permitted number of Regular Season Contests in a sport; and (2) the Team ultimately participated in at least 33.3% of the maximum permitted number of Regular Season Contests in a sport. Section 5. Eligibility of Students for Championship Contests. A student who participates as an individual or as a member of a Team in a sport in an athletic program other than that of the student's school, who is enrolled at a school having a Team in that sport, is ineligible to participate in the District or Inter -District Championship Contests in that sport unless the student has been in uniform and available to participate as a member of the student's school Team in that sport for at least 75% of the Contests occurring within the period of time beginning with that Team's first Regular Season Contest and ending with its last Regular Season Contest. Where the failure to meet the 75% requirement results, in part, from reasons other than participation on the non -school Team, the Principal may waive such absences, provided that the student was otherwise in uniform and available to participate in at least 50% of the total number of the Team's Regular Season Contests. With regard to Practices for the period of time beginning with the Team's first Contest and ending with its last Contest of the Regular Season, the Principal of each school must determine whether Practice in the athletic program other than that of the student's school meets the Practice requirements of that school. If it does not, the student is ineligible to participate in the District or Inter -District Championship Contests in that sport. ARTICLE X CURRICULUM Section 1. To be eligible for interscholastic athletic competition, a student must pursue a curriculum defined and approved by the Principal as a full-time curriculum. Where required, this curriculum or its equivalent must be approved by, and conform to, the regulations of the State Board of Education and the Pennsylvania School Code, as well as any local policies established by the local School Board. The student must be passing at least four full -credit subjects, or the equivalent. Eligibility is cumulative from the beginning of a grading period, must be reported on a weekly basis, and must be filed in the Principal's office. Where a student's cumulative work from the beginning of the grading period does not as of any Friday meet the standards provided for in this Section, the student is ineligible from the immediately following Sunday through the Saturday immediately following the next Friday as of which the student's cumulative work from the beginning of the grading period meets the standards provided for in this Section. Where a school is closed on a Friday for any reason, the Principal may, at the Principal's election, determine whether the student as of that day meets the standards provided for in this Section. Section 2. To be eligible for interscholastic athletics, a student must have passed at least four full -credit subjects, or the equivalent, during the previous grading period, except as provided in Section 5. Back work may be made up, providing it is in accordance with the re• ular rules of the school. INTERPRETATIONS Sections 1 and 2. October 6, 2001. Whenever students spend approximately double the amount of time in class under "block" scheduling in comparison to "traditional" scheduling, a credit that a student is carrying under "block" scheduling would be the equivalent of two credits under "traditional" scheduling in determining athletic academic eligibility, except when eligibility is determined by final credits at the end of the school year. Section 2. July 21, 1983; as amended December 7, 1985; and May 11, 2002. ARTICLE X, Section 2 sets only the minimum academic standards for interscholastic athletic eligibility. Since the 25 BY-LAWS 2013 standards are minimum ones (passing "at least" four full -credit subjects), PIAA member schools may adopt higher or more stringent academic standards, but may not have lower academic standards. Section 2. July 22, 1982; as amended December 7, 1985. A student who has passed subjects which, in the aggregate, total at least four credits has passed the equivalent of four full - credit subjects. Section 3. In cases where a student's work in any preceding grading period does not meet the standards provided for in Section 2, said student is ineligible to participate in interscholastic athletics for at least fifteen (15) school days of the next grading period where the school has four (4) grading periods per school year, or for at least ten (10) school days of the next grading period where the school has six (6) grading periods per school year, beginning on the first day report cards are issued, except as provided in Section 5. Section 4. New Students Must Meet Eligibility Requirements On Curriculum. Students who are enrolled for the first time must comply with the requirements of the curriculum rules. The standing required for the preceding week, the preceding grading period or the preceding year shall be obtained from the records of the last school which the student has attended. Section 5. Use of Final Credits at End of School Year. At the end of the school year, the student's final credits in the student's subjects rather than the student's credits for the last grading period shall be used to determine the student's eligibility for the next grading period. INTERPRETATION December 7, 1985; as amended May 11, 2002. Students whose work does not meet the standards provided for in ARTICLE X, who attend summer school and correct their deficiencies, are eligible. ARTICLE XI ASSUMED NAME A student who participates in an Inter -School Practice, Scrimmage, or Contest in a sport under a name other than the student's own is ineligible to participate in that sport for up to one year from the date of such participation under an assumed name. This penalty may be modified by the PIAA Board of Directors upon proof by the student of a lack of culpability by the student, that such participation was encouraged, arranged, and/or facilitated by a Coach of the student, and that the students school has taken appropriate disciplinary action acceptable to the PIM Board of Directors against those adults responsible for such participation. Additionally, any person encouraging, facilitating, and/or assisting a student to participate in an Inter -School Practice, Scrimmage, and/or Contest in a sport under a name other than the student's own is, if the student does indeed so participate under an assumed name and regardless of discipline imposed by the school on said individual, ineligible to Coach any Team in that sport at any PIAA member school for up to one year from the date of such participation by the student under an assumed name. ARTICLE XII ATHLETIC RELATIONS Section 1. Teams which PIAA Member Schools may Play. A. No Inter -School Practice, Scrimmage, or Contest may be played with a Team not sponsored and controlled by a public school or Private School nor any school not belonging to PIM, unless the non -PIM member school's eligibility rules for school, Team, and contestants meet the requirements of PIAA. 26 -2014 All Contests must be played pursuant to ARTICLE XVIII, Official Rules for Sports. This requirement does not apply to Contests played outside of Pennsylvania where the opponent school is not a member of PIM. B. Regular Season Scrimmages and/or Contests with alumni, where authorized by the school, are permitted in all sports except in Football and Wrestling. Such Scrimmages and/or Contests count against the maximum permitted number of Regular Season Inter -School Practices, Scrimmages, and/or Contests in the applicable sport. INTERPRETATIONS Section 1-A. July 27, 2006; as amended October 8, 2010. PIM member senior high schools may participate in Inter - School Practices, Scrimmages, and/or Contests against non - PIM member senior high schools that (1) are in good standing with their respective National Federation of State High School Association (NFHS)-member state high school associations and (2) have on their Teams' rosters junior high or middle school students enrolled in the 7th and/or 8th grades. However, PIAA member senior high schools are not permitted to use students enrolled in the 7th and/or 8th grades on their Teams in such Inter - School Practices, Scrimmages, and/or Contests, unless otherwise authorized under these By -Laws. Section 1A. May 11, 2002. Where it is deemed necessary by the respective School Boards, and/or Boards having jurisdiction over the schools, for students and/or Teams from different schools to share facilities at the same time, those students and/or Teams are not considered to be engaging in a Contest, Scrimmage, or Inter - School Practice so long as the students and/or Teams do not interact by competing against or Practicing with each other. Section 1B. July 24, 2009. Except as provided in ARTICLE XII, ATHLETIC RELATIONS, Section 1B and ARTICLE XIV, COACHES, Section 2, What Constitutes Coaching, of the PIAA By -Laws, no person who has graduated or withdrawn from high school is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests. Section 2. Practices, Inter -School Practices, Scrimmages, and Contests Limited to Six Days Per Calendar Week During Regular Season. No Team, no individual member or members of such Team, and no individual representing any PIM member school, may Practice or participate in an Inter -School Practice, Scrimmage, Contest, and/or Open Gym on more than six days in any Calendar Week during the Regular Season. Section 3. Requirements of Written Contract. Except where scheduling is done by or pursuant to the authority of the District Committee, all schools must enter into either paper or electronic contracts for all Contests in which they participate. All contracts must be on the official contract form entitled "Contract for Contests Under PIM Rules", or an equivalent electronic version thereof. Where the opponent is not a member of PIM, the school must also enter into a supplement to either a paper or an electronic contract on the official form entitled "Supplement to Contract for Contests Under PIAA Rules Involving Non-PIAA Member Schools", or an equivalent electronic version thereof. Disputes arising from oral agreements will not be considered by PIM. Section 4. Contracts of Suspended/Withdrawn School Null and Void. A. Contracts with Suspended School. The suspension of a school from PIM renders its contracts with PIM member schools null and void for PIM purposes. 2013-2014 B. Contracts with Withdrawn School. The legal withdrawat of a schoo from PIAA, approved by the PIAA Board of Diractnrn, shall render its contracts with PIAA member schoos null and void for PM purposes, CONSTITUTION INTERPRETATION Section 4B. May 21, 1948 The membership of a school in PIAA terminates when the school ceases to exist and, as a result, the contracts of the school with other schools then become null and void for PIAA purposes. Section 5. Cancellation of Contracor Failure to Honor District Schedule. In case of cancellation by one party to a Contract for Contest or the failure by any one of the parties to fulfihl any of the material terms of a Contract for Contest, except by written mutual consent or due to the suspension of one of the onhoo|a. the breaching school will be subject to any of the penalties described inARTICLE XIII, PENALT|ES. Sections 2 through 7, of the PIAA 8y'Lawe. In case of failure on the part of any PIAA member school to perform a schedule prepared by or pursuant to the authority of the District Committee, except by wntten mutual consent and the permission of the District Committee or its authorized deoignee, or due to the suspension of one of the uchoo|o, the offending school will be subject to any of the penalties described in ARTICLE XIII, PENALT|EG, Sections 2 through 7, of the PIAA By -Laws. Section 6. Temporary Closure of School. A school which is closed may participate during the period the school is o|oued, at the discretion of the local School Board or Board having jurisdiction over the school. Normal Practice sessions are permitted if the local School Board or Board having jurisdiction over the school permits such action. Normal Practice sessions may not exceed that which would be normal ifthe school were in session. Contests scheduled during the period of closing may be rescheduled by mutual agreement of the affected schools. In such uameo. the rescheduled Contest must be in conformity with the rules and regulations of the local School Board or Board having jurisdiction over the schools and PIAA. Inability to reschedule the Contest shall result in a forfeiture by the closed school. NOTE: Please refer also toARTICLE XVI, SEASON AND OUT' OF -SEASON RULES AND REGULATIONS, October 5, 1994, as amended January 29, 2005 Interpretation; and "Procedures During Strikes" in the Policies and Procedures Section of the PIAA Handbook. Section 7. Failure to PIay Due to Disbandment of Team. If the failure to play a Contest as scheduled is due to the disbandment of a Team by the Principal, forfeiture of the Contest may or may not be impooed, provided that the Principal immediately notifies the PIAA Board of Directors, the District Commimee, and the Principals of such schools as the school's Team is scheduled to play, stating the reason for disbandment. Section 8. Failure to Agrae Upon Officials for Contests. If the schools fail to agree upon the officials fifteen days prior to the date of the Contest, it is the duty of the Principals of the two schools to notify the District Chairman of such failure. The District Chairman shall then appoint the officials for the CnnVaot, and the fees of the said officials shall be borne by the schools as originally provided in their mutual contract or otherwise. If the Contest is scheduled between schools located in different Districts, the Executive Director of PIM shall appoint the officials. ARTICLE XIII PENALTIES Preamble As a guiding phncip|e, a penalty imposed by PIAA should be broad and severe if the violation or violations reflect a general disregard for the PIAA ConotituUon, By -Laws, Policies and Procedures, and/or Rules and Regulations; in those instances where the violation or violations are isolated and of relative inaignihnonua. then the penalty should be more specific and limited. Previous violations of the PIAA ConetituUnn, By -Laws, Policies and Procedures, and/or Rules and Regulations are a contributing factor in determining the degree of penalty. All PIAA member schools are required to cooperate fully with PAA District Committees, Regional Panels, and/or the PIAA Board of Directors, within their respective jurisdictions, to further the of PIAA and to investigate incidents relating to disciplinary matters and application of the PIAA Constitution, By - Laws, Policies and Procedures, and/or Rules and Regulations. All PIM member schools must make avei|ob|o, upon request by the District Cnmmittee, Regional Pano|, and/or the Board of Directors, documents relating to a particular incident and must further make available for questioning Principals, Athletic Directors, Coacheo, otudent-ath|eVeo, and other school and/p, Team personnel whose testimony may be desired by the District Commi#ae, Regional Panel, and/or the Board of Directors. Section 1. Expulsion. A school that has been expelled from membership in PIAA may not apply for readmission for a period of three (3) school years foliowing expulsion. Thanea#er, and upon demonstration to the satisfaction of the PIAA Board of Directors that the reasons for expulsion have been emediod, the expelled school may be readmitted to membership. A school may be expelled: A. If the Principal is not responsible for the control of interscholastic athletics in the PIAA member school. B. If it refuses to abide by the decisions of the District Committee, Regional Panel, or the Board of Directors, within their respective jurisdictions. Section 2. Suspension. Suspension may consist of suspension of a school from membership in PIAA, or suspension of one or more of a schools Teams from interscholastic athletic competition with PIAA member schools, A school or its Team(s) may be suspended: A. For breach of contracts with other schools. B. For playing a suspended school. C. For persistent breach nfcontracts with Contest uffinia|a. D. For knowingly using an ineligible Coach and/or contestant. E. For negiecting to provide reasonable safeguards for the protection of Contest officials and visiting Teams. F. For flagrant violation of the Constitution, B)+Lawo, Policies and Procedunan, and/or Rules and Regulations of PIAA. G. When the conduct of its administration, faculty, Coanhas. Taomo, students, or Team followers is unsportsmanhike and results in actions which are detrimental to individuu|, sohoo|, and/or public welfare and/o, which are prejudicial to the purpose of PIAA. H. For refusal or failure to abide by the decisions of the District Committee, Regional Panel, or the Board of Directors, within their respective jurisdictions. I. For violation of terms of probation imposed by the District Committee, Regional Panel, or the Board of Directors, within their respective jurisdictions. A suspension may be for a defined period of time or may be indefinite, If the suspension is for an indefinite period of time, the District Committee, Regional Panel, or the Board of Directors, 27 BY-LAWS 2013-2014 within their respective jurisdictions, may also impose conditions which must be met prior to the lifting of the suspension and the suspended school must apply to the body imposing the suspension to lift the suspension. Section 3. Forfeiture of Contests. A. Mandatory Forfeiture. To remedy any possible harm to opponents from participation by an ineligible student or Coach, and to remove any incentive for such participation, a school is required to forfeit all Contests in which an ineligible student participated and/or an ineligible Coach coached on behalf of the school, regardless of whether the ineligibility was known at the time of participation and/or Coaching or discovered later. The burden of ensuring that a student is eligible to participate and/or a Coach is eligible to Coach rests entirely on the student, Coach, and Principal of the school. For a Coach, participation in a Contest, after which the Coach is disqualified, includes any contact by the Coach with members of the Team, including other Coaches, between a reasonable time after the Coach is disqualified and the conclusion of the Contest. B. Discretionary Forfeiture. A school may be required to forfeit a Contest for flagrant misconduct and/or other violations of the Constitution and/or By - Laws of PIAA. C Effect of Forfeiture on District Championship Title. If a forfeiture of a District Championship occurs, that title shall be vacant for that year unless the forfeiture is determined prior to the first Inter -District Championship Contest, in which instance the runner-up shall be declared District Champion. D. Effect of Forfeiture During Postseason. If a Team required to forfeit a Postseason Contest has won a Contest: 1. during the District Championship Tournament, the Team most recently defeated by the forfeiting Team shall be invited to replace the forfeiting Team in the next round of the District Championship Tournament; 2. following the District Championship Tournament but before the start of the Inter -District Championship Tournament, each Team in the District otherwise finishing below the forfeiting Team will improve its seeding by one; 3. during the Inter -District Championship Tournament, other than the final Inter -District Championship Contest, the Team most recently defeated by the forfeiting Team will be invited to replace the forfeiting Team in the next round of the Inter -District Championship Tournament; or 4. following the final Inter -District Championship Contest, the championship in that sport will remain vacant for that year. In circumstances (1), (2), and (3) above, should the invited Team decline to participate, the District Chairman or Executive Director of PIAA, as appropriate, has discretion as to whether to invite the next possible qualifying Team or provide for a bye in the schedule. Section 4. Suspension of Athletic Relations. Two schools may be required to suspend athletic relations when relationships between the schools have been so contentious and unsportsmanlike as to jeopardize school and public welfare. Section 5. Forfeiture of Championship Rights. A school may be required to forfeit championship rights for flagrant misconduct and/or any violation of the Constitution, By - Laws, Policies and Procedures, and/or Rules and Regulations of PIAA and for participating in a non -approved or a disapproved Tournament. 28 Section 6. Public Censure. In addition to, or in lieu of, such other discretionary penalties as provided by the By -Laws, a school and/or the individual(s) responsible for the violation(s) may be publicly censured. Public censure is intended to manifest strong disapproval of the actions which led to the imposition of this penalty, and is effected through its inclusion in the decision letter. Section 7. Probation. In addition to, or in lieu of, such other discretionary penalties as provided by these By -Laws, a school may be placed on probation. Probation is an intermediate penalty which may be imposed: 1. upon a finding of a violation of the Constitution, By - Laws, Policies and Procedures, and/or Rules and Regulations of PIAA, 2. to ensure that steps are taken by schools to minimize the risk of future violations by a school of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA, and/or 3. to address deficiencies in administrative oversight of the interscholastic athletic program or particular Team at a school. If probation is imposed, it must be for a specified period of time of not less than one year. The District Committee, Regional Panel, and/or the Board of Directors may identify conditions that a school must satisfy during a probationary period. Such conditions shall be designed on a case-by-case basis to focus on the school's administrative weaknesses detected in the case and must include, but not be limited to, written reports from the school pertaining to areas of concern to the District Committee, Regional Panel, and/or Board of Directors. Conditions of probation may focus on a particular Team. If the school placed on probation fails to satisfy one or more conditions of probation, the District Committee, Regional Panel, and/or Board of Directors may reconsider the penalties in the case and may extend the term of probation and/or impose additional applicable penalties on the school and/or a particular Team. Section 8. Disqualification From Next Contest(s). A. General Rule. 1. Mandatory Disqualification. Any Coach and/or contestant who, while Coaching or competing for a PIAA member school, is ejected from a Contest by a state high school association recognized and/or registered official in that sport for unsportsmanlike conduct or flagrant misconduct is disqualified from Coaching and/or participating for the remainder of the day and in all Contests on the next Contest day of the same level (varsity, junior varsity, or otherwise) of competition from which the Coach and/or contestant was previously disqualified. For a Coach, participation in the next Contest includes any contact by the Coach with members of the Team, including other Coaches, between the time that the Team arrives at the Contest site and the conclusion of the last Contest of the day. The Principal must direct the Coach not to attend all of the Contest(s). 2. Discretionary Disqualification. Upon the finding by a PIAA-Appointed Tournament Director, Contest Manager, District Committee, Regional Panel, or, if the conduct occurred in an Inter -District Contest, by the Executive Director or Board of Directors, within their respective jurisdictions, that a student -athlete, Coach, and/or Team, while Coaching or competing for a PIAA member school, engaged in flagrant misconduct while on the premises where a Contest is conducted, said student -athletes, Coaches, and/or Teams may be disqualified from 2013-2014 CONSTITUTION participation in the next scheduled Contest following said determination. B. Disqualification From Last Contest of a Season. Any Coach and/or contestant ejected from the last Contest(s) in that sport in a sport season is disqualified from Coaching and/or participating in the first Contest(s) in that sport in the subsequent sport season, at the same level (varsity, junior varsity, or otherwise) of competition, at any PIAA member school or, if the Coach and/or student changes levels of competition, such as from junior varsity to varsity, the first Contest(s) in that sport. C. Reporting of Disqualification. The official must file a report with the PIAA Office on the form prescribed for the sport involved, within twenty-four (24) hours following the completion of the Contest in which the ejection occurred. Failure to file such report does not affect the validity or consequences of the ejection. D. Appeal of Disqualification. Decisions of a Contest official to disqualify a Coach and/or contestant are generally not subject to appeal. The only exceptions to this rule are as follows: 1. Misidentification of a person: The person intended by the Contest official to be disqualified was not the one actually disqualified. This exception will not be considered without input from the Contest official. 2. Misapplication of a rule: The Contest official erred in applying a Contest rule such that a Coach and/or contestant was disqualified under a rule not applicable to that sport or which did not provide for disqualification. The judgment of the official regarding the conduct of the Coach and/or contestant may not be challenged. Misidentification of a person and/or misapplication of a rule appeals must be submitted to, and resolved by, the Executive Director. Such appeals will be considered only if they are brought to the attention of the Executive Director in sufficient time to permit reasoned consideration prior to the next Contest. Such appeals may be denied for lack of timely submission of adequate evidence. The Executive Director's decision may not be appealed. Section 9. Violations by Individuals. A. Rectifying Action by School. If it is determined that a school's administration, faculty, Coaches, Teams, students, or Team followers engaged in flagrant misconduct and/or conduct which violates one or more provisions of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA, and/or misconduct which is contrary to the purposes of PIAA, that school may be directed by its District Committee, Regional Panel, or, if the conduct occurred in an Inter -District Contest, by the Executive Director or Board of Directors, within their respective jurisdictions, to impose appropriate discipline upon such persons or to take other rectifying action for such conduct. PIAA may require the school to take specified rectifying action and/or to impose specified appropriate discipline upon such persons as a condition for not imposing penalties upon the school for flagrant misconduct and/or violations of the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations by the individuals enumerated in this Section. The failure of a school to impose such directed discipline or to take directed rectifying action may subject that school to the penalties set forth in Sections 1 through 7 of this ARTICLE. B. Punching, Striking, Biting, or Kicking by Contestant or Coach. 1. A student -athlete who, immediately prior to, during, or immediately after a Contest, recklessly or with ill will or an intent to harm, punches (striking with a closed fist), strikes, bites, or kicks a contestant, Coach, an official, or any other person attending the Contest; may be disqualified in that sport by the Regional Panel or District Committee, within their respective jurisdictions: (1) if the act was reckless, for a period of time up to and including the remainder of that sport's season and, if the incident occurs with 1/3 or less of that sport's Regular Season remaining, for a period of time up to and including one half of the following season in the same sport, or (2) if the action was a punch or was with ill will or an intent to harm, for a period of up to one year from the date of the incident leading to the disqualification or the date of the Regional Panel or District Committee hearing. If such conduct occurs immediately before, during, or immediately after an Inter -District Championship Contest, the Board of Directors may disqualify the student for the remainder of the Postseason and, (1) if the conduct was reckless, for a period of time up to and including one half of the following season in the same sport; and (2) if the conduct was a punch or was with ill will or an intent to harm, for a period of up to one year from the date of the incident leading to the disqualification or the date of the Board of Directors' hearing. Where the punching, striking, biting, or kicking results in injury to another competitor, the student engaging in such conduct may further be disqualified until the injured person is able to return to competition. For purposes of this Section, an injury occurs whenever the conduct results in (1) the struck contestant, Coach, or official being unable to further participate in that Contest or one or more subsequent Contests because of the contact; and/or (2) the struck person obtaining post -Contest medical treatment because of the contact. 2. A Coach who, immediately prior to, during, or immediately after a Contest, intentionally strikes, bites, or kicks a contestant, Coach, an official, or any other person in attendance at the Contest, or who punches a contestant, Coach, an official, or any other person in attendance at the Contest, shall be disqualified by the Regional Panel or District Committee, within their respective jurisdictions, (or Board of Directors if the incident occurred at an Inter -District Contest) for a period of not less than one year from the date of either the incident leading to the suspension or the date of the hearing to consider the matter. Section 10. Fairness to Opponents. If a student or Coach who is ineligible under the Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations of PIAA is permitted to participate in or Coach interscholastic competition contrary to such PIAA Constitution, By -Laws, Policies and Procedures, and/or Rules and Regulations, but in accordance with the terms of a court restraining order or injunction against PIAA and/or the student's or Coach's school, and said injunction is reversed, voluntarily vacated or stayed, or it is finally determined by the courts that injunctive relief is not or was not justified, the Regional Panel or District Committee, within their respective jurisdictions, may, upon notice to the affected student(s) or Coach(es) and school and an opportunity for them to be heard, and in the interest of fairness to competing schools, take one or more of the following actions: (a) Require that Team victories achieved during participation or Coaching by such ineligible student(s) or Coach(es) be abrogated and the Contests forfeited. This action should be taken as a matter of course and should be rejected by the Regional Panel or District Committee only in unusual and exceptional circumstances; (b) Require that individual records and performances achieved during participation by such ineligible student(s) be vacated or stricken; (c) Require that Team records and performances achieved during participation by such ineligible student(s) or Coach(es) be vacated or stricken; 29 BY-LAWS 2013-2014 (d) Require that individual awards earned during participation by such ineligible student(s) be returned to PIAA, the sponsor, or the competing school sponsoring same; (e) Require that Team awards earned or achieved during participation by such ineligible student(s) or Coach(es) be returned to P|AA, the opononr, or the competing school sponsoring same; (f) Determine that the school is ineligible for one or more PIAA District and/or Inter -District Championships in the sports and in the seasons in which such ineligible student(s) particited or Coach(es) coached; (g) Determine that the school is ineligible for invitational and Postseason meets and Tournaments in the sports and in the seasons in which such ineligible student(s) participated or Coach(es) coached; and/or (h) Determine that students' or Coaches' period of ineligibility is extended for a period of time equivalent to that during which the injunction was in place. If this action is available and token, the other remedies identified in subsections (a) through (g) above may not be applied. INTERPRETATIONS October 29, 1945, as ameded Octobe3, 2008. A Regional Panel or District Cmnmittee, within their respective juhodiodono, has the power to suspend a school where the school fails to provide police protection for spectators, officials and competitors. Sections 3 and 10. May 21, 1987; as amended January 30, 2009. In sports in which individual events or matches are oonducted, use of an ineligible contestant in any event or match will result in forfeiture of that event or match by that student and of the entire Contest by the Team of which the irieligible contestant is a member. EIigible students from all involved Teoms, who won their individual events or matches, will not be required to forfeit their individual victories. Additionally, in all Conhusto, statistics for individual onnteatanto, other than that of the ineligible contestant(s), will not be affected. All statistics of the forfeiting contestant(s) will be voided. ARTICLE XIV COACHES Section 1. Who may Coach. A. A Coach is a person (including volunteer high school alumni, professional athietes, and citizens of the community) engaged, either for an entire season or any part thereof, by a school to provide Coaching to a Team. PIAA does not impose any requirements or limitations on the retention or hiring of paid or volunteer Coaches in either public or Private Schools, B. Neither the Public School Code nor the Regulations of the Pennsylvania Department of Education (PDE) currently place restrictions on the hiring or qualification of persons employed as Coaches in public schools. Upon satisfactory compliance with applicable laws relating to completion of required background checks, schools may engage as Coaches any persons who meet their local criteria. C. To encourage the hiring of individuals who have knowledge of the skills needed to Coach interscholastic sports, PIAA endorses the National Federation of State High School Associations (NFHS) Coach Education Program and recommends that individuals hired as Coaches successfully complete this or a similar certification program designed to prepare Coaches in their respective sports. Section 2. What Constitutes Coaching. Coaching is the provision of inutruoLiun, training, oondihnning, and/or direction to a Team, for the purpose of developing athletic abilities and skills. In furtherance of their reopunaibi|iheo, and consistent with applicable standards and 30 practices relating to safety in individual sports, Coachemay participate as they deem necessary and appropriate in Practices and may provide sideline Coaching assistance in Inter -School Practices, Scrimmages, and Contests. INTERPRETATION Section 2. July 24, 2009. Except as provided in ARTICLE XU, ATHLETIC RELATIONS, Section 1B and ARTICLE XIV, COACHES, Section 2, What Constitutes Coaching, of the PIAA By -Law, no person who has graduated or withdrawn from high school is eligible to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests. Section 3. Mandatory Rules Interpretation Meeting. The head Coach of the Coaching staff of each PIAA member senior high school Team must attend at least one PIAA mandatory rules interpretation meeting each year for each boys' sport and each giris' sport coached by that staif. The Principal of a PIAA member senior high school may appoint a representative of the Coaching staff to attend said annual mandatory rules interpretation meeting if the head Coach of the Coaching staif n the sport has not yet been designated by the school. A PIAA member senior high school that fails to have the head Coach of its Coaching staif, or an appointed representative of the head Coach of the Coaching staif, attend a minimum of one PIAA mandatory rules interpretation meeting each year for each boys' sport and for each girls' sport offered by the onhoo/, and in which a PIAA mandatory rules interpretation meeting is oMenad, must pay a fine of $100.00 for non-attendance. Payment of said fine must be made to PIAA within 30 days of notification from PIAA that the head Coach or representative of the head Coach of the Coaching staff, if the head Coach of the Coaching staff in the sport has not been designated by the school, failed to attend the arinual mandatory rules interpretation meeting. If the fine is not paid within 30 days of notification, the PIAA member school will automatically be placed on probation in all sports and will automatically forfeit the right to compete in District and lnter-District Championship Contests in alt sports until such time as the fine is paid PIM recommends that the head Coach of the Coaching staif of each PIAA member junior high/middle school attend at least one PIAA mandatory rules interpretation meeting each year for each boys' sport and for each gide' sport coached by that staff. If the head Coach of the Coaching staif for a junior/middle school in a particular sport does not attend the annual mandatory rules interpretation meeting, that head Coach is required to meet with the respective senior high school head Coach or appointed representative in that sport for the purpose of obtaining all of the information that was presented at the annual mandatory rules interpretation meeting. INTERPRETATION Section 3. December 8, 1984; as amended May 21, 1997 The period of probation and forfeitre of the right to compete in District and Inter -District Championship Contests as a result of failure topay the fine within 80days ufnodfioaUonwill beinforce until such time as the fine is paid. ARTICLE XV OFFICIALS Section 1. Sports Officials be Registered with PIAA. Alt sports officials, in alt Contests participated in by a PIAA member school, must be persons who are (1) registered, (2) on active status, and (3) in good standing, with PIAA. NOTE: Section 1 does not apply to Contests played outside of Pennsylvania, and the opponent is not a member of PIAA. 2013-e014 CONSTITUTION Section 2. How Persons may Become PIAA-Registered check (Act 34 of 1985) report; (2) a Pennsylvania Department of Sports Officials. Public Welfare child abuse history (Act 151 of 1994) report; and To become a PAA -registered official in any sport, the (3) a FBI federal criminal history record (Act 114 of 2006) report. applicant must meet the qualifications and requirements and Expenses for obtaining and submitting said reports shall be pass such examination as may be required by the PIAA Board of borne by the registered sports official. Directors. Section 3. Duty to Report Offenses. Applicants are required to identify any crimes of which they Any registered sports official who has been either convicted have been convicted or have pled guilty or no contest. Any of, or pled guilty or no contest to, or is arrested or convicted of, or applicant who has been convicted of, or who has pled guilty or no pleads guilty or no contest to, any offense identified under 24 contest to, any ofofthe offenses identified atthe time of violation in P.G.Q1'111(e) (see the current list ofsuch offenses inthe NOTE 24 RS. § 1-111(e) may not be registered by PIAA unless a hevein), shall so notify the Executive Director of such conviction period of ten years has elapsed from the date of expiration of the or of an arrest for such charges by completing the form sentence for the offense. developed by the Pennsylvania Department of Education, a copy The application of any individual convicted of, or who has of which is published on the PAA Web site at www,piaa.or. ped guilty or no contest to, a felony more than ten years prior to Section 4. Requirement of Written Contract. applying shall be reviewed by the PIAA Executive Director. In All PIAA member schools shall enter into either paper or considering whether to accept said application, the Executive electronic contracts on the official contract form entitled 'Contract Director shall consider the nature of the offense and whether the for Officials Under PIAA Ru|eo^, or an equivalent electronic applicant poses a danger specifically to school students or is version theneof, with all registered sports officials retained by the otherwise unsuitable for registration as an official, This factor is schools or assigned by an assignor. Registered sports officials most paramount as to an applicant convicted of a sexual oMenxe, are independent contractors and therefore, are NOT employees especially an offense (especially one which would trigger of PIAA, the school, or the assignor. Disputes arising from oral registration under Megan's Law) involving sexual, physical or agreements will not be considered by PIAA. verbal abuse against a child. Other factors to be considered by the Executive Director include the following: • The time period thahas elapsed since the offense; • Whether the offense was an isolated single event or was repeated; • The presence or absence of a subsequent criminal history, • Whether the offerrse bears a relationship to interscholastic athletics; • Whether the person was involved in interscholastic sports when the crime occurred; and • Whether the conduct occurred on the property of a school or relating to sports. Additionally, the Executive Director shall not accept the application of an individual convicted of an offense identified in 24 P.O. § 1-111(e) unless the PIAA Director of Legal Affairs certifies that he or she believes that the refusal to accept the application would likely be inconsistent with the applicant's constitutional rights. Applicants convicted of, or who pled guilty or no contesto, any other felony of the first, seoond, or third degree shall not be registered by PIAA unless a period of ten years has elapsed from the date of expiration of the sentence for the offense. Applicants convicted of, or who pled guilty or no contest to, any other misdemeanor of the first degree shall not bi 0e d by PIAA unless a period of five years has elapsed from the date of expiration of the sentence for the offense. Applicants convicted of, or who pled guilty or rio contest to, more than one first degree misdemeanor under 75 Pa.CS.& § 3802 relating to driving under the influence of alcohol or a controlled substance shall not be registered by PIAA unless a period of three years has elapsed from the date of expiration of the sentence for the most recent offense Applicants may also be rejected by the Executive Director if they have been convicted of, or pled guilty or no contest to, forgery, fraud, embozz|oment, perjury, and/or another offense which relates to or calls into question the honesty or veracity of the applicant. The decision of the Executive Director to reject an application may be appealed by the applicant to the PIAA Board of Directors. All newly registered sports officials and all sports officials whose registration have Iapsed for more than one year, shall be required to obtain and submit to PIAA valid (obtained within the past year) copies of (1) a Pennsylvania State Police background INTERPRETATION Section 4. October 6, 2011. Use by PIM member schools, including member schools and organized groups of member schools utilizing the services of assignos, of online electronic assignment programs shall meet the requirements of entry of contracts under this pmvoion, provided that all critical terrns relating to said contracts are communicated to the PIAA-registered sports officials and the sports officials engage in affirmative acts accepting the assignments. Section 5. Violation or Cancellation of Sports Official's Contract by a PIAA Member School. If a PIAA member school violates or cancels a contract with an official, the District Committee or the Board of Directors, within their respective jurisdictions, may require a school violating or so canceling to pay to the offended official the fee or fees for the Contest or Contests which have been provided in the official contract. The failure of a PIAA member school to live up to the terms of the contract is considered a violation of the Constitution and By -Laws of PIAA Section 6. Removal of Registered Sports Officials. A. Mandatory Removal. The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pleads guilty or no contest to, any of the offenses identified at the time nfviolation in24P.G.81'111(e). The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pled guilty or no contest toany other felony of the firnt, 000und, or third degree unless a period of ten years has elapsed from the date of expiration of the senten� for the offense. The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pled guilty or rio contest to, ariy other misdemeanor of the first degree unless a period of five years has elapsed from the date of expiration of the sentence for the offense. The Executive Director shall remove from the list of registered sports officials any person convicted of, or who pled guilty or no contest to, more than one first degree misdemeanor under 75Po.C.3. § 3802 relating to driving under the influence of alcohol or a controlled substance unless a period of three years has elapsed from the date of expiration of the sentence for the most recerit offense. 31 BY-LAWS 2013-2014 Any sports official removed from the list of registered sports officials under this subsection A may reapply for registration upon expiration of the period identified therein. Reinstatement may be solely within the discretion of the Executive Director and, in any event, may not be granted unless the removed sports official (1) meets all of the qualifications and requirements then in place and (2) passes such examination(s) as then may be required by the Board of Directors. In granting reinstatement, the Executive Director may place the official on probation for a defined period of time and under conditions deemed appropriate by the Executive Director. In considering reinstatement of any individual convicted of, or who has pled guilty or no contest to, any felony or misdemeanor of the first degree, the Executive Director shall consider the nature of the offense and whether the applicant poses a danger specifically to school students or is otherwise unsuitable for registration as an official. This factor is most paramount as to an applicant convicted of a sexual offense, especially an offense (especially one which would trigger registration under Megan's Law) involving sexual, physical or verbal abuse against a child. Other factors to be considered in making the decision include the following: • The time period that has elapsed since the offense; • Whether the offense was an isolated single event or was repeated; • The presence or absence of a subsequent criminal history; • Whether the offense bears a relationship to interscholastic athletics; • Whether the person was involved in interscholastic sports when the crime occurred; and • Whether the conduct occurred on the property of a school or relating to sports. Additionally, the Executive Director shall not reinstate any individual convicted of an offense identified in 24 P.S. § 1-111(e) unless the PIAA Director of Legal Affairs certifies that he or she believes that the refusal to reinstate would likely be inconsistent with the individual's constitutional rights. B. Discretionary Removal. The Board of Directors may remove from the list of registered sports officials any person: 1. Whom the Board of Directors has determined to have been biased and/or consistently incompetent or unfair in the official's decisions in Contests, or 2. Whose conduct on or off the competition surface renders the official unfit to act as a registered sports official, or 3. Who is convicted of forgery, fraud, embezzlement, perjury, and/or another offense which relates to or calls into question the honesty or veracity of the official, or 4. Who has been removed for misconduct by a national amateur or professional athletic organization or a state high school association that recognizes and/or registers sports officials, or 5. Who, while under suspension herein, engages in conduct defined in Section 7 below that would be additional grounds for suspension. Any sports official removed from the list of registered sports officials under this subsection B may reapply for registration after no less than five school years have passed from such removal. Reinstatement is solely within the discretion of the Board of Directors and, in any event, shall not be granted unless the removed sports official (1) meets all of the qualifications and requirements then in place, (2) passes such examination(s) as then may be required by the Board of Directors, and (3), at a hearing before the Board of Directors, demonstrates, by clear and convincing evidence, that the reason(s) for removal have been satisfactorily addressed and that the official currently possesses the character, integrity, moral fitness, and 32 competence to be registered. In granting reinstatement, the Board of Directors may place the official on probation for a defined period of time and under conditions deemed appropriate by the Board of Directors. Section 7. Suspension. The Board of Directors authorizes the Executive Director to suspend from the list of registered sports officials, for a period determined to be appropriate by the Executive Director, in the applicable sport(s), any person: A. Who repeatedly violates or cancels contracts with PIAA member schools or repeatedly alters proposed contracts without the consent of the other contracting party, or B. Who is charged with any felony of the first, second, or third degree or misdemeanor of the first degree, or C. Who pursues a course of action which is detrimental to the welfare of PIAA, its members, student -athletes, and/or other registered sports officials, or D. Who fails to cooperate with PIAA in any investigation, or E. Whose conduct on or off the competition surface is not conducive to the best interests and/or purposes of PIAA, or F. Who fails to comply with PIAA regulations pertaining to sports officials, and/or with decisions of the Executive Director or Board of Directors relating to the official, or G. Who has been suspended for misconduct by a national amateur or professional athletic organization or a state high school association that recognizes and/or registers sports officials, or H. Who, while on probation herein, engages in conduct defined in Section 8 below that would be additional grounds for probation, or I. Who has been determined to have been biased and/or palpably unfair in decisions in a Contest, or J. Who repeatedly fails to file with the PIAA Office, within twenty-four (24) hours following the completion of the Contest, a report of disqualification of a Coach and/or contestant under ARTICLE XIII, PENALTIES, Section 8, Disqualification from Next Contest(s), of the PIAA By -Laws. NOTE: The offenses identified in Section 1-111(e) currently include: (1) criminal homicide; (2) aggravated assault; (3) stalking; (4) kidnapping; (5) unlawful restraint; (6) luring a child into a motor vehicle or structure; (7) rape; (8) statutory sexual assault; (9) involuntary deviate sexual intercourse; (10) sexual assault; (11) institutional sexual assault; (12) aggravated indecent assault; (13) indecent assault; (14) indecent exposure; (15) sexual intercourse with an animal; (16) incest; (17) concealing death of a child; (18) endangering the welfare of children; (19) offenses dealing with infant children; (20) prostitution and related offenses; (21) obscene and other sexual materials and performances; (22) corruption of minors; (23) sexual abuse of children; (24) unlawful contact with a minor; (25) solicitation of minors to traffic drugs; and (26) sexual exploitation of children. The list further includes (1) equivalent or similar crimes under federal law or of another state, United States territory, the District of Columbia, a foreign nation, or under a former law of the Commonwealth of Pennsylvania, and (2) a felony offense under the Controlled Substance, Drug, Device, and Cosmetic Act. This list may be modified, reduced, or expanded by Act of the General Assembly. The list of offenses in effect at the time of violation by the sports official shall be applicable to proceedings to remove or suspend that sports official. Section 8. Probation. The Board of Directors authorizes the Executive Director to place on probation and exclude from eligibility for assignments to District or Inter -District Championship Contests, for a period 20 determined to be appropriate by the Executive Director, in the applicable sport(s), any registered sports official: A. Who violates or cancels a contract with a PIAA member school or alters a proposed contract without the consent of the other contracting party, or B. Who fails to wear the required uniform, or C. Who fails to cooperate with PIAA in any investigation, or D. Whose conduct on or off the competition surface is not conducive to the best interests and/or purposes of PIAA, or E. Who fails to comply with PIAA regulations pertaining to sports officials and/or with decisions of the Executive Director or Board of Directors relating to the official, or F. Who has been placed on probation for misconduct by a national amateur or professional athletic organization or a state high school association that recognizes and/or registers sports officials, or G. Who has been accused of being biased and/or palpably unfair in decisions in a Contest, or H. Who fails to file with the PIAA Office, within twenty-four (24) hours following the completion of the Contest, a report of disqualification of a Coach and/or contestant under ARTICLE XIII, PENALTIES, Section 8, Disqualification from Next Contest(s), of the PIAA By -Laws. 13-2014 INTERPRETATION The use of the official's standard uniform is mandatory. Section 9. Accelerated Rehabilitative Disposition (ARD) A suspension imposed on an official pursuant to Section 7B of this ARTICLE will be lifted upon the official providing certification of his/her completion of an Accelerated Rehabilitative Disposition (ARD) program disposing of all the charges. ARTICLE XVI SEASON AND OUT -OF -SEASON RULES AND REGULATIONS Section 1. Guidelines. Consistent with the concept that interscholastic athletics are a part of the educational system, and consistent with the established goals of health, safety, and sportsmanship, the following guidelines for out -of -season regulations are set forth: 1. The basic responsibility of all administrators and athletic Coaches is to provide students who are participating in interscholastic athletics with a worthwhile, educational experience. 2. All sports have a defined -season, and no sport may operate to the detriment of any other sport. 3. All students should have the opportunity to participate in as many interscholastic athletic experiences as is reasonably possible. Section 2. Rules and Regulations. Each sport has a defined -season which includes the first Practice day, the first Inter -School Practice or Scrimmage day, the first Regular Season Contest day, the last Regular Season Contest day, the District Deadline, the dates for PIAA Championships, the maximum number of Regular Season Contests and the maximum number of Regular Season Inter - School Practices or Scrimmages. All PIAA member schools must comply with the defined -season established for each sport. Within each defined -season, PIAA member schools may sponsor sports Teams which compete against other PIAA member schools or schools that follow all PIAA Policies and Procedures and Rules and Regulations. A. Out -of -Season Activities. Outside of the defined -season for sports: 1. PIM member schools may not sponsor Teams in that sport; CONSTITUTION 2. PIAA member schools, Coaches and/or students of PIAA member schools may be involved with sports activities such as training programs, recreational activities, Open Gyms, clinics, and camps provided that any participation by Coaches and/or students is as private citizens and is voluntary as described below; 3. Coaches and/or students acting as private citizens, and on a voluntary basis, may participate on Teams that are not affiliated with PIAA member schools during the out -of - season period. Coaches and other PIAA member school personnel may not require a student to participate in a sport or a training program for a sport outside of the PIAA-defined sport's season. The participation of students in any sports activity that occurs outside of its defined season must be voluntary; and 4. The school's name, nickname, interscholastic athletic uniform, interscholastic athletic equipment, and interscholastic athletic health/first-aid supplies may not be used by community organizations and groups. The school's name, nickname and interscholastic athletic uniforms may not be used by students; however, the Principal, with the exception of football equipment, may permit students to use the school's interscholastic athletic equipment and the school's interscholastic athletic health/first-aid supplies. B. Conclusion of Regular Season. Except as provided below, all activity in a sport, including Practice, must terminate by the last Regular Season Contest day in that sport unless the Team is entered into District or Inter - District Championship Contests. If the Team is entered into those Championship Contests, all activity in the sport must terminate on the day of elimination from such Championship Contests, With the approval of the District Committee, Regular Season Contests which have been postponed may be rescheduled and played between the last Regular Season Contest day in that sport and the District Deadline in that sport. For purposes of the immediately preceding sentence, the date of playing of the last such postponed Regular Season Contest constitutes the last Regular Season Contest day in that sport. C. Football. The following sport -specific rules modify the provisions otherwise set forth in this ARTICLE. To the extent any other provision in this ARTICLE is inconsistent with this Section, this Section controls. 1. For purposes of this Section, "Physical Contact" means blocking and/or tackling. "Physical Contact" does not include contact with blocking and/or tackling dummies, shields, and/or sleds; and/or minimum risk "form" blocking or tackling. 2. Students who engage in Physical Contact at football camps and/or during clinics and/or drills, or similar or comparable functions or activities, and/or during Practices, Inter -School Practices, Scrimmages, and/or Contests, outside the PIAA-defined football season are ineligible to participate in interscholastic football for a period of up to one year from the date of such participation. Coaches assisting and/or supervising in Physical Contact by students from PIAA member schools, outside the PIAA- defined football season are ineligible to Coach interscholastic football at any PIAA member school for a period of up to one year from the date of such conduct. 3. Outside the PIAA-defined football season, the Principal may permit students of the Principal's school to use the school's helmets, shoulder pads, and shoes for non - Physical Contact skill related instruction supervised by school -approved adults or at instructional camps. This 33 BY-LAWS 2013-2014 provision is to promote student safety in football -related activities that do not include Physical Contact. 4. In recognition of the unique circumstances within those PIAA member schools that are absent of any junior high/middle school interscholastic football program, students enrolled in and attending those member schools in grades 7 and 8 may annually participate in the out -of -season interscholastic football program organized and operated as National Football League (NFL) Junior Player Development. A student's participation shall be limited to a maximum of two weeks per year. 5. Nothing in this Section shall prevent any student from participating, up through the completion of 8th grade, on community based non -school affiliated youth fall football programs through December 31st of the same calendar year. D. Competitive Spirit. Competitive spirit was adopted by the PIAA Board of Directors, effective July 1, 2012, as an opportunity to expand competitive opportunities for girls. Because of the unique elements of competitive spirit, application of certain PIAA By - Laws is not practical. To the extent inconsistent with the following, then, other PIAA By -Laws are waived: 1. Season. Competitive spirit has no defined season. Competitive spirit squads may not Practice or participate in any Inter -School Practice, Scrimmage, and/or Contest on more than six days in any Calendar Week. Within that limitation, they may participate in Practices, Inter -School Practices, Scrimmages, and/or Contests at any time and at the discretion of the Principal of the competitive spirit squad's member school. There is no maximum number of Inter -School Practices, Scrimmages, and/or Contests in which a competitive spirit squad may participate. 2. Contest Officials. Competitive spirit judges do not register with PIAA. They are retained by the Tournament organizers under standards set by the Tournament organizers. 3. PIAA Championships. Annual Competitive Spirit Championships shall be held by PIAA at a date and location 34 to be determined by the PIAA Board of Directors. PIAA may license a third party to organize and manage said Championships. Section 3. Reporting of and Procedure for Alleged Violations. Alleged violation(s) of PIAA Season or Out -of -Season Rules and Regulations shall be reported and addressed as follows: 1. Any person may report a violation via the PIAA form entitled "Report of Alleged Violation(s) of PIM Season or Out -of -Season Rules and Regulations". The form must be signed by the complainant. Where the complainant is a PIAA member school, the form must be signed by the Principal or Athletic Director. The form must be submitted to the District Committee of the District having jurisdiction over the school allegedly committing the violation. 2. Upon the receipt of a properly completed and signed form, the Chairman of the District Committee or executive staff of the District shall mail a copy of the form to the Principal of the school allegedly involved. The Principal of the involved school shall have twenty-one (21) calendar days in which to respond, in writing, to the alleged violation(s) and to report the actions, if any, the Principal has taken concerning the alleged violation(s). 3. The District Committee shall consider the report of the Principal and determine whether the report fully addresses the alleged violation(s) and satisfies all PIRA interests and concerns. 4. If the District Committee determines that the report of the Principal fully addresses the alleged violation(s) and satisfies all PIAA interests and concerns, it shall close the matter. If the District Committee determines that the report does not fully address the alleged violation(s) and/or does not satisfy all PIAA interests and concerns, it shall conduct a hearing upon the alleged violation(s). 5. If the District Committee finds that there was a violation(s) of this ARTICLE, the offending school will be subject to any of the penalties described in ARTICLE XIII, PENALTIES, Sections 2 through 7, of the PIAA By -Laws. 2013-2014 CONSTITUTION TABLES OF LABOR DAY OCCURRENCES LABOR DAY OCCURRENCES FIRST PRACTICE DATE OF FALL SPORTS FIRST INTER -SCHOOL PRACTICE OR SCRIMMAGE DATE OF FALL SPORTS FIRST REGULAR SEASON CONTEST DATE OF FALL SPORTS FIRST REGULAR SEASON CONTEST DATE OF FALL SPORTS (Golf, Girls' Tennis, Cross Country, Girls' Volleyball, Water Polo, Field Hockey, Soccer, and Football) Monday, September 1 Monday, September 2 Monday, September 3 Monday, September 4 Monday, September 5 Monday, September 6 Monday, Se •tember 7 Monday, August 11 Monday, August 12 Monday, August 13 Monday, August 14 Monday, August 15 Monday, August 16 Monday, Au • ust 17 (Golf) (Girls' Tennis, Cross Country, Girls' Volleyball, Water Polo, Field Hockey, Soccer, and Football) Thursday, Saturday, August 14 August 16 Thursday, Saturday, August 15 August 17 Thursday, Saturday, August 16 August 18 Thursday, Saturday, Augustl7 Augustl9 Thursday, Saturday, August 18 August 20 Thursday, Saturday, August 19 August 21 Thursday, Au • ust 20 Saturday, Au • ust 22 (Golf) (Girls' Tennis) Thursday, August 14 Thursday, August 15 Thursday, August 16 Thursday, August 17 Thursday, August 18 Thursday, August 19 Thursday, Au ! ust 20 Monday, August 18 Monday, August 19 Monday, August 20 Monday, August 21 Monday, August 22 Monday, August 23 Monday, Au • ust 24 (Cross Country, Girls' Volleyball, Water Polo, Field Hockey, Soccer, and Football) Friday, August 29 Friday, August 30 Friday, August 31 Friday, September 1 Friday, September 2 Friday, September 3 Friday, Se •tember 4 LABOR DAY OCCURRENCES FIRST PRACTICE DATE OF WINTER SPORTS FIRST INTER -SCHOOL PRACTICE OR SCRIMMAGE DATE OF WINTER SPORTS FIRST REGULAR SEASON CONTEST DATE OF WINTER SPORTS FIRST REGULAR SEASON CONTEST DATE OF WINTER SPORTS (Rifle, Bowling, Indoor Track, Girls' Gymnastics, Wrestling, Swimming and Diving, and Basketball) Monday, Monday, September 1 November 17 Monday, September 2 Monday, September 3 Monday, September 4 Monday, September 5 Monday, September 6 Monday, Se •tember 7 Monday, November 18 Friday, November 16 Friday, November 17 Friday, November 18 Friday, November 19 Friday, November 20 (Rifle, Bowling, Indoor Track, Girls' Gymnastics, Wrestling, Swimming and Diving, and Basketball) Saturday, November 22 Saturday, November 23 Friday, November 23 Friday, November 24 Friday, November 25 Friday, November 26 Friday, November 27 (Rifle and Bowling) Monday, December 1 Monday, December 2 Monday, December 3 Monday, December 4 Monday, December 5 Monday, December 6 Monday, December 7 (Indoor Track, Girls' Gymnastics, Wrestling, Swimming and Diving, and Basketball) Friday, December 5 Friday, December 6 Friday, December 7 Friday, December 8 Friday, December 9 Friday, December 10 Friday, December 11 LABOR DAY OCCURRENCES FIRST PRACTICE DATE OF SPRING SPORTS FIRST INTER -SCHOOL PRACTICE OR SCRIMMAGE DATE OF SPRING SPORTS' FIRST REGULAR SEASON CONTEST DATE OF SPRING SPORTS FIRST REGULAR SEASON CONTEST DATE OF SPRING SPORTS (Boys' Tennis, Track and Field, Boys' Volleyball, Girls' Spring Soccer, Lacrosse, Baseball, and Softball) Monday, Monday, September 1 March 2 Monday, September 2 Monday, September 3 Monday, September 4 Monday, September 5 Monday, September 6 Monday, Se • tember 7 Monday, March 3 Monday, March 4 Monday, March 5 Monday, March 6 Monday, March 7 Monday, March 8 (Boys' Tennis, Track and Field, Boys' Volleyball, Girls' Spring Soccer, Lacrosse, Baseball, and Softball) Saturday, March 7 Saturday, March 8 Saturday, March 9 Saturday, March 10 Saturday, March 11 Saturday, March 12 Saturday, March 13 (Boys' Tennis) Monday, March 9 Monday, March 10 Monday, March 11 Monday, March 12 Monday, March 13 Monday, March 14 Monday, March 15 (Track and Field, Boys' Volleyball, Girls' Spring Soccer, Lacrosse, Baseball, and Softball) Friday, March 20 Friday, March 21 Friday, March 22 Friday, March 23 Friday, March 24 Friday, March 25 Friday, March 26 NOTES: 1. In the school years in which the first Practice date of the winter sports season occurs on the Monday of the week of Thanksgiving, the first Inter -School Practice or Scrimmage date Thanksgiving. 2. February has 29 days in the following calendar "leap" years: 2016, 2020, 2024, 2028, 2032, 2036, 2040, 2044, 2048, 2052, 2056, 2060, 2064, and so on. 3. In calendar years in which February has 29 days ("Leap Year"), the first Practice date of the spring sports' season will occur one (1) date earlier, except in 2032, 2060 and every twenty-eight (28) years thereafter, when the first Practice date of the spring sports' season will be Monday, March 8, 2032, 2060 and every twenty-eight (28) years thereafter. the Friday immediately before the week of Thanksgiving, rather than on of the winter sports' season occurs on the Friday immediately following 35 BY-LAWS 2013-2014 TABLE I — Schedule of Fall Sports The schedule of fall sports listed below is effective for all PIM member schools. Junior high/middle schools may elect to follow this schedule for each sport, or they may elect to follow an alternate schedule for each sport. If junior high/middle schools elect to follow an alternate schedule, they may not reduce the minimum length of Preseason Practice in each sport and they may not exceed the maximum length of Regular Season in each sport. Maximum Maximum Last Minimum First Number of First Maximum Number of Regular Length of Inter -School Regular Season Regular Length Regular Season PIAA First Preseason Practice or Inter -School Season of Season Contest District/ PIAA Fall Practice Practice Scrimmage Day Practices or Contest Regular Contests Day Region Championships Sports Day (See NOTE 1) (See NOTE 2) Scrimmages Day Season (See NOTES 3 & 4) (See NOTE 5)Deadline Deadline Golf See Table 3 days within 4th Day of 2 4th Day of 8 weeks 18 62nd Day of 62nd Day of 76th Day of of Labor Day 1 week Fall Sports' Fall Sports' Fall Sports' Fall Sports' Fall Sports' Occurrences Season Season Season Season Season Girls' See Table of 5 days within 6th Day of 2 8th Day of 10 weeks 18 (See NOTE 6) 760 Day of 76th Day of 83`d Day of Tennis Labor Day 1 week Fall Sports' Fall Sports' Fall Sports' Fall Sports' Fall Sports' Occurrences Season Season Season Season Season Cross See Table of 15 days within 6th Day of 2 19th Day of 8 weeks 16 76"' Day of 76th Day of 53`d Day of Country Labor Day 3 weeks Fall Sports' Fall Sports' Fall Sports' Fall Sports' Fall Sports' Occurrences Season Season Season Season Season Girls' See Table of 15 days within 6th Day of 2 195 Day of 9 weeks 22 (See NOTE 7) 83`d Day of 83rd Day of 90th Day of Volleyball/ Labor Day 3 weeks Fall Sports' Fall Sports' Fall Sports' Fall Sports' Fall Sports' Water Polo Occurrences Season Season (See NOTE 9) Season Season Season Field See Table of 15 days within 6"' Day of 2 19"' Day of 9 weeks 18 83rd Day of 83rd Day of 975 Day of Hockey Labor Day 3 weeks Fall Sports' Fall Sports' Fall Sports' Fall Sports' Fall Sports' Occurrences Season Season Season Season Season Soccer See Table of 15 days within 6d' Day of 2 19th Day of 9 weeks 18 83`d Day of 83rd Day of 97"' Day of Labor Day 3 weeks Fall Sports' Fall Sports' Fall Sports' Fall Sports' Fall Sports' Occurrences Season Season Season Season Season Football See Table of 15 days within 6d' Day of 2 19th Day of 9 weeks 10 (See NOTE 8) 85th Day of 97th Day of 125"' Day of Labor Day 3 weeks Fall Sports' Fall Sports' Fall Sports' Fall Sports' Fall Sports' Occurrences Season Season Season Season Season NOTES: 1. ARTICLE XII, Section 2 (the "Six Day Rule') continues to apply. 2. The first Inter -School Practice or Scrimmage may be held after the fifth (5th) day of Practice. 3. With the exception of invitationals and/or Tournaments sponsored by at least one PIAA member school and involving only PIAA member schools, and conference or league championship Tournaments, all Regular Season invitationals and/or Tournaments in all sports involving individual athletes and/or Teams must be approved by PIAA at least four (4) weeks or twenty (20) business days prior to the first day of competition. 4. With District Committee approval, Contests that are required to be played in order to determine qualifiers to District Championship Contests and/or Contests that are required to be played to determine a conference or league champion do not count toward the maximum number of Regular Season Contests in that sport and must be played by the District Deadline in that sport. 5. Individual athletes and/or Teams that have qualified for District Championship Contests and have concluded participation in their Regular Season Contests are permitted to engage in an unlimited number of Inter -School Practices or Scrimmages in the sport involved until the individual athletes and/or Teams are eliminated from District or Inter -District Championship Contests. 6. A PIAA member school is permitted to participate in a maximum of eighteen (18) Regular Season tennis Contests based on the following method of counting Regular Season tennis Contests: a. One (1) Contest for each dual match or abbreviated matches involving no more than 4 Teams utilizing either a three standard six -game set or reduced play match. b. Two (2) Contests for each triangular match or abbreviated matches involving no more than 7 Teams utilizing either a three standard six -game set or reduced play match. c. Three (3) Contests for each quadrangular match or abbreviated matches involving at least 8 Teams utilizing either a three standard six -game set or reduced play match. 7. A PIAA member school is permitted to participate in a maximum of twenty-two (22) Regular Season girls' volleyball and water polo Contests based on the following method of counting Regular Season girls' volleyball and water polo Contests: a. One (1) Contest for each dual match. b. Two (2) Contests for each triangular match or for each one -day Tournament. c. Three (3) Contests for each quadrangular match. d. Four (4) Contests for each two-day Tournament; and two (2) additional Contests for each additional day of a Tournament. 8. A maximum of ten (10) Regular Season football Contests may be played at the same level (varsity, junior varsity, or otherwise) of competition. With District Committee approval, member senior high schools may play one (1) or two (2) additional Regular Season varsity football Contests. 9. With PIAA Board of Directors' approval, Contests that are required to be played in order to determine regional qualifying and state championships in the sport of water polo do not count toward the maximum number of Regular Season Contests in that sport and must be played by the last Regular Season Contest day in that sport. INTERPRETATIONS October 5, 1984, as amended January 29, 2005. If a school receives a forfeit from an opponent, the school receiving the forfeit may schedule another Regular Season Contest in lieu of the forfeited Contest. The school must then use the results of the played Contest, rather than the forfeit, for its record. The forfeiting school must still record a loss by forfeit. October 5, 1984. The minimum length of Preseason Practice that PIAA requires in each sport applies to the Team, not each individual participant in the sport. Once a Team has completed the minimum length of Preseason Practice required in a sport, whether or not an athlete who has completed less than that amount of Preseason Practice in the sport may participate is a matter left to the discretion of the PIAA member school. 36 2013-2014 CONSTITUTION TABLE II — Schedule of Winter Sports The schedule of winter sports listed below is effective for all PIAA member schools. Junior high/middle schools may elect to follow this schedule for each sport, or they may elect to follow an alternate schedule for each sport. If junior high/middle schools elect to follow an altemate schedule, they may not reduce the minimum length of Preseason Practice in each sport and they may not exceed the maximum length of Regular Season in each sport. Maximum Maximum Last Minimum First Number of First Maximum Number of Regular Length of Inter -School Regular Season Regular Length Regular Season PIAA First Preseason Practice or Inter -School Season of Season Contest District/ PIAA Winter Practice Practice Scrimmage Day Practices or Contest Regular Contests Day Region Championships Sports Day (See NOTE 1) (See NOTE 2) Scrimmages Day Season (See NOTES 3 & 4)(See NOTE 5)Deadline Deadline Rifle See Table of 10 days within 6"' Day of 2 155 Day 11 weeks 16 (See NOTE 7) 90"' Day N/A N/A Labor Day 2 weeks Winter Sports' of Winter of Winter Occurrences Season Sports' Sports' Season Season Indoor See Table of 15 days within 6th Day of 2 195 Day 12 weeks 16 (See NOTE 7) 1045 Day N/A N/A Track Labor Day 3 weeks Winter Sports' of Winter of Winter Occurrences Season Sports Sports' Season Season Girls' See Table of 15 days within 65 Day of 2 195 Day 12 weeks 16 (See NOTE 7) 104"' Day N/A N/A Gym- Labor Day 3 weeks Winter Sports' of Winter of Winter nastics Occurrences Season Sports Sports' Season Season Bowling See Table of 10 days within 65 Day of 2 155 Day 16 weeks 22 (See NOTE 7) 1255 Day N/A N/A Labor Day 2 weeks Winter Sports' of Winter of Winter Occurrences Season Sports Sports' Season Season Competitive N/A N/A N/A N/A N/A N/A N/A N/A 695 Day 765 Day of Winter of Winter Sports' Sports' Season Season Wrestling See Table of 15 days within 65 Day of 2 195 Day 11 weeks 22 (See NOTE 6) 97"' Day 975 Day 1115 Day Labor Day 3 weeks Winter Sports' of Winter of Winter of Winter of Winter Occurrences Season Sports Sports' Sports' Sports' Season Season Season Season Swimming See Table of 15 days within 6'" Day of 2 195 Day 11 weeks 18 975 Day 1045 Day 1185 Day and Labor Day 3 weeks Winter Sports' of Winter of Winter of Winter of Winter Diving Occurrences Season Sports Sports' Sports' Sports' Season Season Season Season Basketball See Table of 15 days within 65 Day of 2 195 Day 11 weeks 22 975 Day 104"' Day 1255 Day Labor Day 3 weeks Winter Sports' of Winter of Winter of Winter of Winter Occurrences Season Sports Sports' Sports' Sports' Spirit Season Season Season Season NOTES: 1. ARTICLE XII, Section 2 (the "Six Day Rule") continues to apply. 2. The first Inter -School Practice or Scrimmage may be held after the fifth (5th) day of Practice. 3. With the exception of invitationals and/or Tournaments sponsored by at least one PIAA member school and involving only PIAA member schools, and conference or league championship Tournaments, all Regular Season invitationals and/or Tournaments in all sports involving individual athletes and/or Teams must be approved by PIAA at least four (4) weeks or twenty (20) business days prior to the first day of competition. 4. With District Committee approval, Contests that are required to be played in order to determine qualifiers to District Championship Contests and/or Contests that are required to be played to determine a conference or league champion do not count toward the maximum number of Regular Season Contests in that sport and must be played by the District Deadline in that sport. 5. Individual athletes and/or Teams that have qualified for District Championship Contests and have concluded participation in their Regular Season Contests are permitted to engage in an unlimited number of Inter -School Practices or Scrimmages in the sport involved until the individual athletes and/or Teams are eliminated from District or Inter -District Championship Contests. 6. A PIRA member school is permitted to participate in a maximum of twenty-two (22) Regular Season wrestling Contests based on the following method of counting Regular Season wrestling Contests: a. One (1) Contest for each dual meet. b. Two (2) Contests for each triangular meet or each individually or Team bracketed Tournament involving no more than 8 Teams, pursuant to NFHS Wrestling Rule 10, Conduct of Tournaments, Section 3, Tournament Brackets. c. Three (3) Contests for each quadrangular meet, each individually or Team bracketed Tournament involving at least 9 Teams, pursuant to NFHS Wrestling Rule 10, Conduct of Toumaments, Section 3, Tournament Brackets, and each one -day Multiple School (Dual) Event or Individual Pool Event d. Multiple day Combination Tournament competition points and/or multiple day Multiple School (Dual) Event competition points are the aggregate of b and/or c herein. e. All of the foregoing must be compliant with NFHS Wrestling Rule 1, Competition, Section 4, Representation, Article 2, which provides for no wrestler to represent that wrestler's school in more than one weight class in any meet or compete in more than five matches (championship or consolation), in any one day. 7. With PIAA Board of Directors' approval, Contests that are required to be played in order to determine regional qualifying and state championships in the sports of rifle, indoor track, girls' gymnastics, and bowling do not count toward the maximum number of Regular Season Contests in those sport and must be played by the last Regular Season Contest day in those sport. INTERPRETATIONS December 13, 2012. Individual divers may participate in a Maximum Number of Regular Season Diving Competitions (18). Note: Where dual meet swimming competitions are held without contesting diving, divers may participate in other diving events/invitations, so long as their individual participation does not exceed 18 competitions. October 5, 1984, as amended January 29, 2005. If a school receives a forfeit from an opponent, the school receiving the forfeit may schedule another Regular Season Contest in lieu of the forfeited Contest The school must then use the results of the played Contest, rather than the forfeit, for its record. The forfeiting school must still record a loss by forfeit October 5, 1984. The minimum length of Preseason Practice that PIAA requires in each sport applies to the Team, not each individual participant in the sport. Once a Team has completed the minimum length of Preseason Practice required in a sport, whether or not an athlete who has completed less than that amount of Preseason Practice in the sport may participate is a matter left to the discretion of the PIAA member school. 37 BY-LAWS 2013-2014 TABLE III - Schedule of Spring Sports The schedule of spring sports listed below is effective for all PIAA member schools. Junior high/middle schools may elect to follow this schedule for each sport, or they may elect to follow an alternate schedule for each sport. If junior high/middle schools elect to follow an altemate schedule, they may not reduce the minimum length of Preseason Practice in each sport and they may not exceed the maximum length of Regular Season in each sport. Spring Sports Boys' Tennis Track and Field First Practice Day See Table of Labor Day Occurrences Maximum Minimum First Number of Length of Inter -School Regular Season Preseason Practice or Inter -School Practice Scrimmage Day Practices or (See NOTE 1) (See NOTE 2) Scrimmages 5 days within 6"' Day of 2 1 week Spring Sports' Season See Table of 15 days within 6"' Day of 2 Labor Day 3 weeks Spring Sports' Occurrences Season Boys' See Table of 15 days within Volleyball Labor Day 3 weeks Occurrences Lacrosse See Table of 15 days within Labor Day 3 weeks Occurrences 6th Day of 2 Spring Sports' Season 6th Day of 2 Spring Sports' Season Baseball See Table of 15 days within 6'" Day of 2 Labor Day 3 weeks Spring Sports' Occurrences Season Softball See Table of 15 days within 6th Day of 2 Labor Day 3 weeks Spring Sports' Occurrences Season First Maximum Regular Length Season of Contest Regular Day Season 8th Day 10 weeks of Spring Sports' Season 19 m Day 8 weeks of Spring Sports' Season 19"' Day 9 weeks of Spring Sports' Season 191h Day 9 weeks of Spring Sports' Maximum Last Number of Regular Regular Season PIAA Season Contest District/ Contests Day Region (See NOTES 3 & 4) (See NOTE 5)Deadline 18 (See NOTE 6) 16 22 (See NOTE 7) 18 19th Day 10 weeks 20 of Spring Sports' Season 19th Day 10 weeks 20 of Spring Sports' Season 76th Day of Spring Sports' Season 761h Day of Spring Sports' Season 83rd Day of Spring Sports' Season 83rd Day of Spring Sports' Season 90'" Day of Spring Sports' Season 90"' Day of Spring Sports' Season 76th Day of Spring Sports' Season 76'" Day of Spring Sports' Season 83rd Day of Spring Sports' Season PIAA Championships Deadline 83rd Day of Spring Sports' Season 83rd Day of Spring Sports' Season 90th Day of Spring' Sports' Season 83rd Day 97d' Day of Spring of Spring Sports' Sports' Season Season 90th Day of Spring Sports' Season 90th Day of Spring Sports' Season 104"' Day of Spring' Sports' Season 104"' Day of Spring' Sports' Season NOTES: 1. ARTICLE XII, Section 2 (the "Six Day Rule") continues to apply. 2. The first Inter -School Practice or Scrimmage may be held after the fifth (5th) day of Practice. 3. With the exception of invitationals and/or Tournaments sponsored by at least one PIAA member school and involving only PIAA member schools, and conference or league championship Tournaments, all Regular Season invitationals and/or Tournaments in all sports involving individual athletes and/or Teams must be approved by PIAA at least four (4) weeks or twenty (20) business days prior to the first day of competition. 4. With District Committee approval, Contests that are required to be played in order to determine qualifiers to District Championship Contests and/or Contests that are required to be played to determine a conference or league champion do not count toward the maximum number of Regular Season Contests in that sport and must be played by the District Deadline in that sport. 5. Individual athletes and/or Teams that have qualified for District Championship Contests and have concluded participation in their Regular Season Contests are permitted to engage in an unlimited number of Inter -School Practices or Scrimmages in the sport involved until the individual athletes and/or Teams are eliminated from District or Inter -District Championship Contests. 6. A PIAA member school is permitted to participate in a maximum of eighteen (18) Regular Season tennis Contests based on the following method of counting Regular Season tennis Contests: a. One (1) Contest for each dual match or abbreviated matches involving no more than 4 Teams utilizing either a three standard six -game set or reduced play match. b. Two (2) Contests for each triangular match or abbreviated matches involving no more than 7 Teams utilizing either a three standard six -game set or reduced play match. c. Three (3) Contests for each quadrangular match or abbreviated matches involving at least 8 Teams utilizing either a three standard six -game set or reduced play match. 7. A PIAA member school is permitted to participate in a maximum of twenty-two (22) Regular Season boys' volleyball Contests based on the following method of counting Regular Season boys' volleyball Contests: a. One (1) Contest for each dual match. b. Two (2) Contests for each triangular match or for each one -day Tournament. c. Three (3) Contests for each quadrangular match. d. Four (4) Contests for each two-day Tournament; and two (2) additional Contests for each additional day of a Tournament. INTERPRETATIONS October 5, 1984, as amended January 29, 2005. If a school receives a forfeit from an opponent, the school receiving the forfeit may schedule another Regular Season Contest in lieu of the forfeited Contest. The school must then use the results of the played Contest, rather than the forfeit, for its record. The forfeiting school must still record a loss by forfeit. October 5, 1984. The minimum length of Preseason Practice that PIAA requires in each sport applies to the Team, not each individual participant in the sport. Once a Team has completed the minimum length of Preseason Practice required in a sport, whether or not an athlete who has completed less than that amount of Preseason Practice in the sport may participate is a matter left to the discretion of the PIAA member school. 38 2013-2014 CONSTITUTION ARTICLE XVII CERTIFICATION OF CONTESTANTS Section 1. Information to be Furnished. The Principal must certify to the eligibility of all contestants in accordance with the Constitution and By -Laws of PIAA. Such statements, including name of student, public school district in which the student resides, date of birth, age on last birthday, date of enrollment for current school year, number of semesters of attendance beyond the eighth grade including the present semester, number of seasons of competition beyond the sixth grade including the present season, and the certified minimum wrestling weight, if applicable, must be presented in writing to the Principal of the opponent school or schools on either the official PIAA Certificate of Eligibility form or by electronic transmission at least four days prior to every Contest. Section 2. Information to be Furnished in Case of Dispute. When the eligibility of a contestant is questioned, the Principal of the school in question must furnish to the District Committee or to the Board of Directors all data required to establish the contestant's eligibility. The District Committee or the Board of Directors may require this information to be in the form of affidavits. A school which does not furnish these data shall be denied championship rights and may be excluded from Contests with PIAA members. ARTICLE XVIII OFFICIAL RULES FOR SPORTS Official rules for various sports shall be as follows except where such rules conflict with rules now or hereafter adopted by the PIM Board of Directors. In cases of such conflict, the rules adopted, changed or modified by the Board of Directors shall apply. Section 1. Official rules for various sports shall be those published by the National Federation of State High School Associations (NFHS). In those sports where there is no rules publication by NFHS, the rules shall be those adopted, changed or modified by the PIAA Board of Directors. ARTICLE XIX JUNIOR HIGH / MIDDLE SCHOOLS (Junior High/Middle School 7th, 8th, and 9th Grade Competition Wherever Housed) Preamble The entire Constitution and By -Laws, Policies and Procedures and Rules and Regulations of PIAA govern both senior and junior high/middle schools. However, this ARTICLE XIX sets forth additional provisions which apply to junior high/middle schools only. Interscholastic competition at the junior high/middle school level of competition is intended by PIAA to be directed toward development of general athletic and sport specific skills, as well as exposing students to proper concepts of teamwork, sportsmanship, and the long term benefits to individuals of participation in athletic activities. Accordingly, playoffs and the holding of championship Contests are discouraged. Section 1. Age. A. A student of a junior high/middle school wherein interscholastic athletic competition is limited to grades seven and eight is ineligible to compete in an Inter -School Practice, Scrimmage, or Contest upon attaining the age of fifteen years, with the following exceptions: 1. If the age of 15 is attained on or after July 1, the student is eligible, age -wise, to compete through that school year. 2. If the age of 16 is attained on or after July 1, the student is eligible, age -wise, to compete with students in the ninth grade. B. A student of a junior high/middle school embracing the 7th, 8th and 9th grades is ineligible to compete in an Inter - School Practice, Scrimmage, or Contest upon attaining the age of sixteen years; except, if the age of 16 is attained on or after July 1, the student is eligible, age -wise, to compete through that school year. C. A student in the 10th grade of a junior high/middle school embracing the 7th, 8th, 9th and 10th grades is ineligible to compete in an Inter -School Practice, Scrimmage, or Contest upon attaining the age of seventeen years; except, if the age of 17 is attained on or after July 1, the student is eligible, age - wise, to compete through that school year. D. Where a junior high/middle school embracing grade 10 competes with a junior high/middle school not enrolling students above grade 9, then Section 1B above applies to both schools. Section 2. Eligibility of Seventh, Eighth, and Ninth Grade Students to Participate in Senior High School Interscholastic Athletics. A. Students in the 7th or 8th grade who have not attained the age of fifteen years before July 1, and students in the 9th grade who have participated in one season in that sport during that school year, may neither Practice nor compete with students in the 10th, 11th or 12th grades. Students in the 7th or 8th grade who have attained the age of fifteen years before July 1 and students in the 9th grade, who have not participated in one season in that sport during that school year, may, with written approval of the high school Principal and the junior high/middle school Principal, Practice with, participate in a maximum of two Inter -School Practices or Scrimmages, and compete with students in grades 10, 11 and 12. The option to compete at the senior high school level of competition (grades 10-12) or at the junior high/middle school level of competition (grades 7-9) is exercised when the student participates in a Contest. If the student first participates in a junior high/middle school Contest, the student is committed to that level of competition in the sport involved for the entire school year. If the student first participates in a senior high school Contest, the student is committed to that level of competition in that sport for the entire school year. If the student does not participate in a Contest, the option to compete at the junior high/middle school level of competition or senior high school level of competition must be exercised not later than 21 days after the student begins Practice. Once this option is exercised, it may not be changed in that sport for the entire school year. INTERPRETATION Section 2A. October 1, 1994; as amended May 22, 1996. A student as to whom the option to participate at either the senior high school level of competition or the junior high/middle school level of competition has been exercised, who thereafter Transfers to another school, begins at the transferee school as if the option had not been exercised. B. Students enrolled in the ninth grade may participate on a senior high school Team under the following conditions: 1. The sport is not sponsored by the junior high/middle school. 2. The student is ineligible for junior high/middle school competition because of age regulations; or. 3. The student is under the sixteen -year age regulation but is ineligible to represent the junior high/middle school because the student has had one season of participation in the ninth grade. 39 BY-LAWS 2013-2014 C. If a student is enrolled in both junior high/middle school and senior high school classes in a junior -senior high school, the student is considered as a member of the senior high school as soon as the student carries at least half of the student's work in the senior high school. D. Students of Junior High/Middle Schools Embracing the Tenth Grade. 1. Students of the tenth grade of a junior high/middle school embracing the seventh, eighth, ninth, and tenth grades are eligible to compete on senior high school Teams within the same public school district, provided, however, that the decision as to whether they shall represent the senior high school or the junior high/middle school must be made at the beginning of each sport season and announced by the Principal. 2. Before a student enrolled in the ninth or tenth grade of a separately organized junior high/middle school may represent a senior high school of the same public school district in interscholastic athletic competition, under the provisions of these rules, the junior high/middle school where the student is enrolled must become a member of PIAA. 3. No student may represent both a junior high/middle school and senior high school during the same sport season. In cases where it is decided that tenth grade students of a junior high/middle school embracing the seventh, eighth, ninth, and tenth grades shall participate on senior high school Teams, the eligibility of such students must be certified by the junior high/middle school Principal to the senior high school Principal, in accordance with the PIAA By -Laws. E. Limitation. 1. A student enrolled in a junior high/middle school who is permitted by this Section to participate on a senior high school Team may do so only on a senior high school Team of the school in which students who have completed the academic program in that junior high/middle school would enroll at the time the student begins to participate on the senior high school Team. 2. A student enrolled in a senior high school who is permitted by this Section to participate on a junior high/middle school Team may do so only on a junior high/middle school Team of the school in which junior high/middle school students from the student's attendance area would enroll at the time the student begins to participate on the junior high/middle school Team. Section 3. Period of Participation. A. No student is eligible for Practice for or participation in interscholastic athletics prior to entry into seventh grade. B. No junior high/middle school student may Practice for or participate in any sport for more seasons than there are grades included in the school, nor may a student Practice for or participate in any sport for more than three seasons in grades seven through nine, inclusive. INTERPRETATION Section 3B. February 4, 1984. "Grades included in the school" does not include any grades below the seventh grade. 40 C. A student may Practice for and participate in only one season in each sport during the time the student is enrolled in the ninth grade of a junior high/middle school. D. A student entering a school in the second semester and playing part seasons in the same sport in separate school years, is considered as playing the equivalent of one season in that sport. INTERPRETATION December 28, 1961; as amended January 30, 2009. Junior high/middle schools may not participate in Practices, Inter -School Practices, Scrimmages, and/or Contests with senior high schools because senior high schools cannot meet junior high/middle schools eligibility requirements. Section 4. Season and Out -Of -Season Rules and Regulations The Season and Out -Of -Season Rules and Regulations set forth under ARTICLE XVI of the PIAA By -Laws contain schedules of fall, winter, and spring sports, which apply to all PIAA member schools. Junior high/middle schools may elect to follow the respective schedules of fall, winter, and spring sports; or they may elect to follow an alternate schedule for each sport. If junior high/middle schools elect to follow an alternate schedule, they may not reduce the minimum length of Preseason Practice in any sport and they may not exceed the maximum length of Regular Season in any sport. Section 5. Certification of Contestants. A. The eligibility of all contestants representing a junior high/middle school must be certified to by the Principal of the school in accordance with the PIAA By -Laws. Such statements, including the name of student, public school district in which the student resides, date of birth, age on last birthday, date of enrollment for current school year, number of semesters of attendance beyond the eighth grade including the present semester, number of seasons of competition beyond the sixth grade including the present season, and the certified minimum weight classification for wrestling, must be presented in writing to the Principal of the opponent school or schools on the official form entitled "PIAA Junior High/Middle School Certificate of Eligibility" at least four days prior to every Contest. B. If disputes arise, the Principal must furnish to the District Committee the following data in regard to each contestant: Date of birth, father's name, mother's maiden name, date of enrollment for current school year, semesters of attendance including the present semester, showing the semesters spent in each grade, seasons of competition including the present season, showing the number of seasons of competition in each grade, the average mark in each study from the beginning of the current semester, and such further information as the District Committee might require. A school which does not furnish these data may be excluded from Contests with PIAA members. Section 6. Contests Rules Standards for Junior High/Middle Schools Interscholastic Athletic Competition. The following represents the maximum Contests rules standards for junior high/middle schools interscholastic athletic competition: 2013-2014 CONSTITUTION Grade 7 7 innings 8 7 innings 7-8 7 innings 7-8-9 7 innings 9 7 innings Max. No. of Scrimmages BASEBALL 2 Conferences, leagues, and/or participating agreement prior to the start of a Contest, play extra innings in the event of a tie score BASKETBALL 7 4 - Six (6) minute quarters 2 8 4 - Six (6) minute quarters 7-8 4 - Six (6) minute quarters 7-8-9 4 - Eight (8) minute quarters 9 4 - Eight (8) minute quarters Conferences, leagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may decide not to play extra periods in the event of a tie score. CROSS COUNTRY 7 3200 meters 2 16 Max. No. of Contests 20 schools, by mutual may decide not to 22 8 3200 meters 7-8 3200 meters 7-8-9 3200 meters 9 3200 meters FIELD HOCKEY 7 2 - Thirty (30) minute halves 2 8 2 - Thirty (30) minute halves 7-8 2 - Thirty (30) minute halves 7-8-9 2 - Thirty (30) minute halves 9 2 - Thirty (30) minute halves Overtime periods are not permitted at the school level of competition. FOOTBALL 7 4 - Eight (8) minute quarters 2 8 4 - Eight (8) minute quarters 7-8 4 - Eight (8) minute quarters 7-8-9 4 - Ten (10) minute quarters 9 4 - Ten (10) minute quarters Overtime periods are not permitted at the junior school level of competition. 18 junior high/middle 10 high/middle 18 GOLF 7 9 Holes 2 8 9 Holes 7-8 9 Holes 7-8-9 9 Holes 9 9 Holes Conferences, leagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may decide not to conduct a playoff in the event of a tie score. BOYS' LACROSSE 7 4 - Eight (8) minute quarters 2 18 8 4 - Eight (8) minute quarters 7-8 4 - Eight (8) minute quarters 7-8-9 4 - Ten (10) minute quarters 9 4 - Ten (10) minute quarters Conferences, leagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may decide not to play overtime periods in the event of a tie score. GIRLS' LACROSSE 7 2 - Thirty (30) minute halves 2 18 8 2 - Thirty (30) minute halves 7-8 2 - Thirty (30) minute halves 7-8-9 2 - Thirty (30) minute halves 9 2 - Thirty (30) minute halves Conferences, leagues, and/or participating agreement prior to the start of a Contest, play overtime periods in the event of a tie s Max. No. of Grade Scrimmages SOCCER 7 2 - Thirty (30) minute halves 2 8 2 - Thirty (30) minute halves 7-8 2 - Thirty (30) minute halves 7-8-9 2 - Thirty (30) minute halves 9 2 - Thirty (30) minute halves Overtime periods are not permitted at the junior high/middle school level of competition. schools, by mutual may decide not to core. Max. No. of Contests 18 SOFTBALL 7 7 Innings 2 20 8 7 Innings 7-8 7 Innings 7-8-9 7 Innings 9 7Innings Conferences, leagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may decide not to play extra innings in the event of a tie score. SWIMMING AND DIVING None 2 18 TENNIS None 2 18 TRACK AND FIELD Track Events and Order of Competition 2 16 (7th, 8th and 9th Grade Girls and Boys) 3200 m Relay 400 m Relay 100 m Hurdles 300 m Hurdles (Girls: 10-33" Hurdles) (Girls: 8-30" Hurdles) 110 m Hurdles (Boys: 8-33" Hurdles) (Boys: 10-36" Hurdles) 800 m Run 100 m Dash 200 m Dash 1600 m Run 3200 m Run 400 m Dash 1600 m Relay NOTE: The distance, number of and height of hurdles in all hurdle events are maximums and may be modified by conferences or leagues or by mutual agreement of participating schools. Field Events (7th, 8th and 9th Grade Girls and Boys) High Jump Pole Vault Long Jump Triple Jump Shot Put (Girls' shot shall weigh 6 lbs. [2.744 kg].) (Boys' shot shall weigh 8 lbs., 13 ozs. [4 kg].) Discus Throw (The discus shall weigh 2 lbs., 3.27 ozs. [1 kg] and have the following minimum and maximum dimensions: Diameter 7 1/8 - 7 1/4 ins. [180-182 mm] with a thickness of 1 1/2 - 1 5/8 ins. [37-39 mm] at the center and 1/2 - 1/4 in. [12-6 mm] from the outer edge which shall be rounded with a radius of 1/4 in. [6 mm]. The discus shall have a core 2 ins. [50 mm].) Javelin Throw (The javelin shall meet all IAAF specifications for girls' competition.) 41 BY-LAWS 2013-2014 TRACK AND FIELD (Continued) Participation Limitations 7th, 8th, and 9th grade students may compete in a maximum of four events, including relays. Conferences, leagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may delete track and/or field events but may not add and/or modify track events (except hurdle events) and/or field events or modify the order of track events. Max. No. of Max. No. of Grade Scrimmages Contests VOLLEYBALL 7 Best 3 -out -of -5 -game rally 2 22 scoring format match 8 Best 3 -out -of -5 -game rally scoring format match 7-8 Best 3 -out -of -5 -game rally scoring format match 7-8-9 Best 3 -out -of -5 -game rally scoring format match 9 Best 3 -out -of -5 -game rally scoring format match Conferences, leagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may modify the match format. WRESTLING 7-8-9 A student is permitted to 2 22 wrestle up one weight classification above that for which the student's actual stripped weight qualifies that student to wrestle. Junior High/Middle School weight classifications are: 75 lbs 105 lbs 145 lbs 80 lbs 110 lbs 85 lbs 115 lbs 90 lbs 122 lbs 95 lbs 130 lbs 100 lbs 138lbs 155 lbs 165 lbs 185 lbs 210 lbs 250 lbs Length of bouts shall be four and one-half minutes divided into 3 periods of 1'/2 min. - 1'/2 min. - 1% min. Conferences, leagues, and/or participating schools, by mutual agreement prior to the start of a Contest, may decide not to wrestle an overtime period in the event of a tie bout score. Section 7. Inter -District Championship Contests. There shall be no Inter -District Championship Contests for junior high/middle schools nor shall junior high/middle school students compete in Inter -District Championship Contests, except that tenth grade students of a four-year junior high/middle school may participate as representatives of their school in District and Inter -District Championship Contests. Further, seventh, eighth, and ninth grade students competing at the senior high school level shall, for purposes of this rule, be considered to be in the senior high school. ARTICLE XX AMENDMENTS Section 1. Majority Approval Necessary. Amendments to these By -Laws must be approved by a two-thirds majority of the PIAA Board of Directors. Section 2. Non -Substantive Amendments. The Executive Director is authorized to make technical, typographical, spelling, and grammatical changes to the PIAA By -Laws, Policies and Procedures, and/or Rules and Regulations in order to assure editorial continuity with substantive changes approved by the Board of Directors, and to delete provisions which have become obsolete. 42 GLOSSARY ALTERNATIVE SCHOOL: A school formed as a result of a special program jointure, as established by the School Boards of two or more public school districts and approved by the Pennsylvania Department of Education, which enrolls high- risk students or students who previously dropped out. ATHLETIC DIRECTOR: The individual having direct supervisory responsibility of interscholastic athletics at a school. ATHLETIC EVENT: PIM member schools may participate in four types of Athletic Events: (1) Practice; (2) Inter -School Practice; (3) Scrimmage; or (4) Contest. Each of these terms is defined in this GLOSSARY. ATHLETIC PERSONNEL: A Coach, Athletic Director, or other employee or representative of a school's athletic department, Team(s), or sports program regardless of whether such person is in a paid or voluntary capacity. AUTHORIZED MEDICAL EXAMINER: A licensed physician of medicine or osteopathic medicine, a physician assistant certified, or either a certified registered nurse practitioner or a school nurse practitioner, who is under the supervision of a licensed physician of medicine or osteopathic medicine. BOARD OF APPEAL: A panel composed of at least five - members of the Board of Directors convened pursuant to ARTICLE VII of the PIAA Constitution. BOARD OF DIRECTORS: The Board of Directors of the Pennsylvania Interscholastic Athletic Association, Inc. CALENDAR WEEK: Sunday through Saturday CHARTER SCHOOL: An independent public school, which is organized as a non-profit corporation, established and operated under a charter from the local School Board. COACH: A person (including volunteer high school alumni, professional athletes, and citizens of the community) engaged, either for an entire season or any part thereof, by a school to provide Coaching to a Team. COACHING: The provision of instruction, training, conditioning, and/or direction to a Team, for the purpose of developing athletic abilities and skills. COMBINATION TOURNAMENT: A Multiple School (Dual) Event in each of the NFHS weight classes in which individuals initially move from round to round as an interscholastic wrestling Team (pools) or advance based on Team results culminating in the wrestlers' placement on an individual bracket with advancement from that point based on individual results. CONSIDERATION: Consideration consists of cash, items which are the equivalent of cash, items which are a representation of value, and items which have intrinsic value other than those permitted under Section 3 of ARTICLE II. CONTEST: An event in which individual students or Teams represent their schools in an athletic competition against individual students or Teams representing one or more other schools, which does not meet the definition of an Inter - School Practice or a Scrimmage. CYBER CHARTER SCHOOL: An independent public school, which is organized as a non-profit corporation, established and operated under a charter from the Department of Education, in which the school uses technology to provide a significant portion of its curriculum and to deliver a significant portion of instruction to its students through the Internet or other electronic means. DISTRICT: An incorporated or unincorporated entity responsible for the administration of interscholastic athletics within the jurisdiction as provided for in ARTICLE V, Section 1, of the PIM Constitution. 2013-2014 CONSTITUTION DISTRICT CHAMPIONSHIP CONTEST: A Contest conducted under the jurisdiction of a District Committee, which is necessary to determine an individual or Team champion in a sport. DISTRICT COMMITTEE: A (1) Board of Directors of an incorporated District or (2) a Committee whose composition is defined by ARTICLE IX, Section 1, of the PIAA Constitution and whose powers and duties are defined by ARTICLE IX, Section 3, of the PIAA Constitution. DISTRICT COMMITTEE REPRESENTATIVE: A person elected to the Board of Directors pursuant to ARTICLE VI, Section 2A, of the PIAA Constitution. EMANCIPATED STUDENT: A student living independently of parents or guardians. Whether a student is to be considered emancipated is a factual question to be determined by the student's school based upon the totality of circumstances. FEEDER SCHOOL: Elementary, junior high and/or middle schools, which are the primary sources of students for a particular senior high school, to be determined as follows: A. For a public school district having a single senior high school, those public junior high and/or middle schools located within the geographic boundaries of that public school district. B. For a public school district having multiple senior high schools, the districts policies governing assignment of students shall determine which public junior high and/or middle schools are Feeder Schools for its constituent senior high schools. Where there is no policy of assignment or there is open enrollment, a public junior high and/or middle school is considered a Feeder School of a particular public senior high school if at least 25% of the students currently attending the public senior high school matriculated from that junior high school and/or middle school. C. For a Private senior high School, those Private elementary, junior high, and/or middle Schools which are identified by the Private senior high School as its Feeder School(s). No Private School may be a Feeder School for more than one Private senior high School, excepting that a Private junior high and/or middle School may be designated a Feeder School simultaneously for (1) an all male Private senior high School; (2) an all female Private senior high School; and/or (3) a co-educational Private senior high School. A Private School may be a Feeder School for additional all male, all female, and co-educational Private senior high Schools if an average of at least 25% of the alumni of the Feeder School, who enrolled in a Private senior high School over the most recent three year period, enrolled at each of the applicable Private senior high Schools. HEARING PANEL: A panel composed of at least five - members of a District Committee convened pursuant to ARTICLE IX of the PIAA Constitution. HOME -SCHOOLED STUDENT: A student participating in a home education program under Section 1327.1 of the Public School Code of 1949. INTER -DISTRICT CHAMPIONSHIP CONTEST: A Contest conducted under the jurisdiction of the PIAA Office, which is necessary to determine an individual or Team champion in a sport. INTER -SCHOOL PRACTICE: All of the following elements must be present for a school to consider an Athletic Event with other schools as an Inter -School Practice: 1. The involved schools must agree, in advance of the Athletic Event, that the Athletic Event will be an Inter - School Practice rather than a Scrimmage or Contest. 2. No admission fee is charged. 3. The Teams participate only in conditioning exercises and/or limited and closely controlled drills. 4. The Teams are dressed in Practice uniforms only. 5 No score may be displayed or recorded. 6. The results of the Inter -School Practice shall not be counted as a part of the involved Teams' season win and loss records. Any Athletic Event involving two or more schools must be considered a Scrimmage or Contest unless it meets all of the criteria listed above. JUNIOR VARSITY: A non -Varsity level of interscholastic competition in a sport sponsored by a senior high school. This level is to be distinguished from Varsity and junior high/middle school competition. MAGNET SCHOOL: A school designed to provide an academic focus on a particular theme (e.g. science/math, liberal arts, performing arts, gifted/talented, or foreign language). MULTIPLE SCHOOL (DUAL) EVENT: Contests involving three (3) or more Teams of students representing their schools in interscholastic Team wrestling competition. NATURAL BREAK TRANSFER: A Transfer occurring when the student: 1. has completed the highest grade of a public junior high/middle school and is thereupon promoted by the public school district to a public senior high school in the same public school district; 2. has completed the highest grade of a public or Private junior high/middle School and has enrolled in a Private senior high School; 3. has enrolled in the lowest grade of a public senior high school, after having completed the previous grade at a Private junior high/middle School; and/or 4. has enrolled in the lowest grade of a Private senior high School, after having completed the previous grade at a public junior high/middle school. OPEN GYM: PIAA member school use of its gymnasium and/or other athletic facilities by (1) all students of the school, (2) all residents of the public school district, and/or (3) the public -at -large. PERSONAL PRIVATE INFORMATION: Information about an individual, or an individual's family, not generally known to the community, including but not limited to information relating to a person's academic, health, disciplinary and delinquency history, financial condition, domestic circumstance, family and personal relationships, substance abuse, and/or potentially illegal conduct. PIAA: The Pennsylvania Interscholastic Athletic Association, Inc. PIAA OFFICE: The PIAA headquarters, currently located at 550 Gettysburg Road, P.O. Box 2008, Mechanicsburg, PA, 17055-0708. POSTSEASON: The period of time between the last Regular Season Contest day and the PIAA Championships deadline of a sport, inclusive of District and Inter -District Championship Contests. PRACTICE: An Athletic Event involving one PIAA member school at which no other school is present. PRESEASON: The period of time between the first Practice day and the first Regular Season Contest day of a sport, inclusive of the first Scrimmage or Inter -School Practice day in that sport. PRINCIPAL: The individual responsible to PIAA, pursuant to ARTICLE X, LOCAL MANAGEMENT AND CONTROL, Section 1, Responsibility of Principal, of the PIAA Constitution, for all matters pertaining to the interscholastic athletic relations of the Principal's school. In a public school, the Principal is the person holding a certificate issued by the Department of 43 BY-LAWS 2013-2014 Education as a Principal and who is appointed by the School Board in accordance with Public School Code as Principal of the school. In a Private School, the Principal is the person designated or appointed by the Board having jurisdiction over the school to have comprehensive responsibility for the day-to- day operations of the Private School. PRIVATE SCHOOL: A nonpublic school. PRIVATE SCHOOL'S SCHOOL DISTRICT: Each Private School, including each Private senior high School's Feeder Schools, shall have its own "school district." Regardless of the location of its Feeder Schools, the geographic boundaries of the Private senior high School's "school district" are considered the boundaries of the public school district in which it is geographically located. The Private School's school district and the public school district are separate school districts. RECEIVING SCHOOL: A school which receives Transfer students from any other school. REGULAR SEASON: The period of time between the first Regular Season Contest day and the last Regular Season Contest day of a sport, exclusive of District and Inter -District Championship Contests. REGIONAL PANEL: A panel composed of three - members from each of the contiguous Districts, pursuant to ARTICLE VIII of the PIAA Constitution. SCHOOL BOARD: The Board of Directors for a public school district. SCRIMMAGE: All of the following elements must be present for a school to consider an Athletic Event with other schools as a Scrimmage: 1. The involved schools must agree, in advance of the Athletic Event, that the Athletic Event will be a Scrimmage rather than an Inter -School Practice or Contest. 2. No admission fee is charged. 3. The head Coaches of the involved Teams may stop the activity at any time to provide instruction or to make substitutions. 4. There are no restrictions concerning the number of times a player/contestant enters or leaves the Scrimmage. 5. No score may be displayed or recorded. 6. The results of the Scrimmage may not be counted as a part of the involved Teams' season win and loss records. Any Athletic Event involving two or more schools must be considered an Inter -School Practice or Contest unless it meets all of the criteria listed above. STUDENT WITH A DISABILITY: A student who has a physical or mental condition which substantially limits or prohibits participation in or access to an aspect of the student's school program. TEAM: A school -sponsored organization which (1) consists of one or more students eligible under these By -Laws to represent that school in Inter -School Practices, Scrimmages, and/or Contests; and (2) participates in Inter -School Practices, Scrimmages, and/or Contests under PIAA jurisdiction. This is inclusive of a competitive spirit squad. TECHNOLOGY SCHOOL: A school that provides either, a total educational program and services for both specialized career and technical education and academic education, or an educational program and services for only specialized career and technical education. TERMINATING SCHOOL: A school which ceases, primarily for budgetary reasons, to sponsor one or more of its Teams. TOURNAMENT: Competition involving Teams or individual students representing three (3) or more schools in which the Teams or individual students, as representatives of schools, are competing for a championship (first place) and other places. TRANSFER: Any situation in which a student seeks eligibility to participate in interscholastic athletics at a school other than the one at which the student was either enrolled or otherwise eligible. VARSITY: The highest level of interscholastic competition in a sport sponsored by a senior high school. This level is to be distinguished from Junior Varsity and junior high/middle school competition. NOTE: The following regulations, statutory provisions, and professional baseball agreement are not part of the Constitution and By -Laws. They are printed here solely for the convenience of persons using this Handbook. PENNSYLVANIA STATE BOARD OF EDUCATION REGULATIONS Athletic Programs Regulation: (d) ... Students of both sexes shall have equal access in interscholastic and intramural athletic programs to all of the following. (1) School facilities. (4) Number of activities at each level of competition. (2) Coaching and instruction. (5) Equipment, supplies and services. (3) Scheduling of Practice time and Contests. (6) Funding appropriate to the sport. (e) School districts may sponsor coeducational Teams in interscholastic and intramural sports programs. (f) Interscholastic and intramural Teams playing contact sports may be separated by sex, but this subsection may not be used to exclude students of either sex from participating in a sport. PENNSYLVANIA LAW PROVISIONS AFFECTING ATHLETIC ELIGIBILITY OF STUDENTS USING ANABOLIC STEROIDS Pennsylvania Act 1989-93 requires the School Board in every Pennsylvania school district to prescribe, adopt, and enforce rules and regulations to prohibit the use of anabolic steroids, except for a valid medical purpose, by any student involved in school -related athletics. The Act also requires the School Board to prescribe the following minimum penalties for any student found in violation of the rules and regulations adopted by the School Board: 1. For a first violation, suspension from school athletics for the remainder of the season. 2. For a second violation, suspension from school athletics for the remainder of the season and for the following season. 3. For a third violation, permanent suspension from school athletics. A student who has been suspended for violation of the School Board regulations shall not be eligible to resume participation in school athletics unless there has been a medical determination that no residual evidence of steroids exists. The penalties which the law requires School Boards to adopt are minimum penalties. More severe penalties may be adopted by individual school districts, and the actual penalties may therefore vary from school district to school district. 44 2013-2014 CONSTITUTION AGREEMENT BETWEEN PROFESSIONAL BASEBALL AND THE NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS (NFHS) MAJOR -MINOR LEAGUE RULE 3 (h) (H) High School Players. 1. No student of a high school shall be signed to a contract by a Major or Minor League club during the period the student is eligible for participation in high school athletics. In any instance where such eligibility has expired prior to the student's graduation from high school (a) because of the student's age; or (b) because the student has completed the maximum number of semesters of attendance, the student may thereafter be signed to a contract which does not obligate the student to report for service prior to graduation of the class with which the student originally entered high school, i.e., until eight semesters after the student's original entry into the ninth grade. 2. A student who drops out of high school prior to expiration of the student's athletic eligibility and continues to remain out for at least one year may thereafter be signed to a contract for immediate service provided the student's withdrawal from high school was not suggested, procured, or otherwise influenced by the club contracting with the student, or by any official or employee of such club or of any of its affiliates. 3. Nothing herein shall be construed as prohibiting any Major or Minor League club, its officers, agents, or employees from talking to any high school student at any time concerning a career in professional baseball and discussing the merits of the student's contracting, when eligible therefore, with any particular club. 4. "Tryouts" to which students may be invited may be conducted during the school year, provided that (1) no student shall be permitted to participate in any such tryout unless the Principal of the student's high school, if not employed by a Major or Minor League club, shall have approved such participation in writing, and (2) provided further, that any such tryout must be limited to not more than five high school students. 5. Any contract made in violation of this rule shall be declared null and void and the offending club (and any club owned by or affiliated with such club) shall be prohibited from signing such player for a period of three years from the date of declaration of voidance of such contract. In addition, such club shall be fined $500, by the Commissioner in the case of a Major League club, or by the President of the National Association in the case of a Minor League club, and the official, scout, or employee of the offending club who participated in the violation shall be subject to such penalty as the Commissioner or the President of the National Association, as the case may be, shall impose. 6. This rule shall apply to all high school students in the (50) states of the United States of America, and shall not apply to high school students attending high schools outside the said 50 states of the United States of America. PIAA APPLICATION FOR SCHOOL MEMBERSHIP In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Application for School Membership." Application for membership in PIAA shall be made by submitting this application to the District Committee of the PIAA District in which the school is geographically located. Each PIAA Application for School Membership shall be signed by the Principal and shall be accompanied by the annual dues and a resolution of approval executed by the School Board or the Board having jurisdiction over the applicant school. The resolution shall state that, in all matters pertaining to interscholastic athletic activities, the school shall be governed by the Constitution, By -Laws, Policies and Procedures, and Rules and Regulations of PIAA. Membership in PIAA becomes effective the next following July 1st after the school's application receives the approval of the PIAA Board of Directors. SUPPLEMENT TO PIAA APPLICATION FOR SCHOOL MEMBERSHIP INVOLVING PIAA MEMBER PRIVATE SENIOR HIGH SCHOOLS In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Supplement to PIAA Application for School Membership Involving PIAA Member Private Senior High Schools." An application for a Private junior high/middle School membership incorporating more than one school shall be made in writing to the District Committee of the PIAA District in which the Private senior high School houses its 9th grade students. Each application for such a Private junior high/middle School membership shall be signed by the Principal of the member Private senior high School and (a) in the case of Catholic schools under Archdiocesan or Diocesan jurisdiction, by the Archdiocesan or Diocesan Superintendent of Schools, or (b) in the case of other Private senior high Schools, by the Superintendent or by the President of the Board having jurisdiction over the member Private senior high School. The Private junior high/middle School membership in PIAA shall become effective the next following July 1st after the Private junior high/middle School's application receives the approval of the PIAA Board of Directors. PIAA MEMBER SCHOOL REQUEST FOR COOPERATIVE SPONSORSHIP OF A SPORT FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Member School Request for Cooperative Sponsorship of a Sport Form." Pursuant to the provisions of ARTICLE III, ATTENDANCE, Section 11, Cooperative Sponsorship of a Sport, of the PIAA By -Laws, this Form, with all applicable attachments, must be submitted by 1) all PIAA member senior high schools participating in the agreement for a request for approval of a Cooperative Sponsorship of a Sport agreement and/or 2) all PIAA member junior high/middle schools, which are NOT located in the same public school district, participating in the agreement for a request for approval of a Cooperative Sponsorship of a Sport agreement; and each participating school must include a check in the amount of $50, payable to PIRA, to cover processing and handling costs. Where such an agreement would affect the classification size of a PIAA member senior high school Team, the Form must be submitted by November 1st of any odd -numbered year to the PIAA District Committee having jurisdiction over the school, to be considered for the immediately following two-year reclassification cycle. PIAA MEMBER SCHOOL REQUEST FOR DECISION ON ATHLETIC ELIGIBILITY FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Member School Request for Decision on Athletic Eligibility Form." In all situations in which a determination of eligibility of a student is needed, the Principal of the school should complete that Form and forward it, together with the student's transcript and attendance records, to the PIRA District Committee having jurisdiction over that school. PIAA MEMBER SCHOOL ATHLETIC TRANSFER WAIVER REQUEST FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Member School Athletic Transfer Waiver Request Form." Pursuant to ARTICLE VI, TRANSFERS, RESIDENCE, AND RECRUITING, Section 4, Regional Panel or District Committee Review, of the PIAA By - Laws, the Principal of a PIAA member school to which a student transferred, who is not otherwise eligible under Section 2, Presumptive Eligibility, subsections A through G, may request a waiver of ARTICLE VI, Section 3, Ineligible Students, from, as applicable under the circumstances, either a Regional Panel or the District Committee having jurisdiction over that Principal's school by (1) completing Sections 1 and 2 of that Form; (2) having the student's parent(s) or guardian(s) complete and sign Section 3 of that Form; (3) thereafter completing and signing either Section 4A or 4B of that Form; (4) routing that Form to the Principal of the school from which the student transferred, for that Principal to complete and sign either Section 5A or 5B; (5) having that Principal return that Form to the Principal of the PIAA member school to which the student transferred; and (6) then submitting that completed and properly executed Form to, as applicable under the circumstances, either a Regional Panel or the District Committee having jurisdiction over the Principal's school to which the student transferred, for either that Regional Panel's or District Committee's consideration. 45 BY-LAWS 2013-2014 PIAA COMPREHENSIVE INITIAL PRE -PARTICIPATION PHYSICAL EVALUATION (CIPPE) FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Comprehensive Initial Pre -Participation Physical Evaluation (CIPPE) Form." INITIAL EVALUATION: Prior to any student participating in Practices, Inter -School Practices, Scrimmages, and/or Contests, at any PIAA member school in any school year, the student is required to (1) complete a Comprehensive Initial Pre -Participation Physical Evaluation (CIPPE); and (2) have the appropriate person(s) complete the first six Sections of the CIPPE Form. Upon completion of Sections 1 and 2 by the parent/guardian; Sections 3, 4, and 5 by the student and parent/guardian; and Section 6 by an Authorized Medical Examiner (AME), those Sections must be turned in to the Principal, or the Principal's designee, of the student's school for retention by the school. The CIPPE may not be performed earlier than June 1st and shall be effective, regardless of when performed during a school year, until the next May 31st. SUBSEQUENT SPORT(S) IN THE SAME SCHOOL YEAR: Following completion of a CIPPE, the same student seeking to participate in Practices, Inter -School Practices, Scrimmages, and/or Contests in subsequent sport(s) in the same school year, must complete Section 7 of this form and must turn in that Section to the Principal, or Principal's designee, of his or her school. The Principal, or the Principal's designee, will then determine whether Section 8 need be completed. PIAA FOREIGN EXCHANGE STUDENT / INTERNATIONAL STUDENT ELIGIBILITY AGREEMENT In the Forms Section of the PIAA Handbook is an official PIAA form entitled "PIAA Foreign Exchange Student/International Student Eligibility Agreement." ARTICLE VII, FOREIGN EXCHANGE STUDENTS, INTERNATIONAL STUDENTS, AND FOREIGN STUDENTS, of the PIAA By -Laws, provides for the eligibility for interscholastic athletics of a Foreign Exchange Student, who is defined as a student who is (1) in the United States (US) on a US Department of State -issued J-1 visa; (2) a participant in a program that has been recognized by the US Department of State, and has been accepted for listing by the Council on Standards for International Educational Travel (CSIET); (3) assigned to a host family by a method that ensures that no student, or the student's parents, school, or other interested party materially influences that assignment in some way for an athletic purpose; and (4) not selected or placed on any basis relating to the student's athletic abilities or interests. ARTICLE VII, FOREIGN EXCHANGE STUDENTS, INTERNATIONAL STUDENTS, AND FOREIGN STUDENTS, of the PIM By -Laws, also provides for the eligibility for interscholastic athletics of an International Student, who is defined as a student who is (1) in the United States (US) on a US Immigration and Naturalization Service -issued F-1 visa; and (2) enters the US for reasons that are not materially motivated in some way by an athletic purpose. Neither Foreign Exchange Students nor International Students may reside with any member of a school's paid or voluntary coaching staff, who coaches a sport or sports in which the student will participate; and both must (1) meet the requirements of ARTICLE I (the Age Rule), ARTICLE II (the Amateur Rule), and ARTICLE V (the Comprehensive Initial Pre -Participation Physical Evaluation [CIPPE] Rule) of the PIAA By -Laws, and (2) be in full- time attendance at a PIAA member school. A Foreign Exchange Student or International Student becomes eligible for a period of one year at the PIAA member school which the student attends upon the determination of the PIAA District Committee having jurisdiction over that school that (1) the student is a Foreign Exchange Student or International Student as defined above; and (2) the student and the host parents, on behalf of the student, have executed and submitted to the District Committee the official "PIAA Foreign Exchange Student/International Student Eligibility Agreement", and required accompanying documents (applicable visa and completed PIAA CIPPE Form), by which the student and the host parents, on behalf of the student, each agrees that the student's eligibility to participate in interscholastic athletics at any PIAA member school shall end at the conclusion of the student's one-year of eligibility. CONTRACT FOR CONTESTS UNDER PIAA RULES In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Contract for Contests Under PIAA Rules." Except where scheduling is done by or pursuant to the authority of the District Committee, all schools shall enter into either paper or electronic contracts for all Contests in which they participate. All contracts must be on the official contract form entitled "Contract for Contests Under PIAA Rules", or an equivalent electronic version thereof. SUPPLEMENT TO CONTRACT FOR CONTESTS UNDER PIAA RULES INVOLVING NON-PIAA MEMBER SCHOOLS In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Supplement to Contract for Contests Under PIAA Rules Involving Non- PIAA Member Schools." Except where scheduling is done by or pursuant to the authority of the District Committee, all schools shall enter into either paper or electronic contracts for all Contests in which they participate. All contracts must be on the official contract form entitled "Contract for Contests Under PIAA Rules", or an equivalent electronic version thereof. Where the opponent is not a member of PIAA, the school shall also enter into a supplement to either a paper or an electronic contract on the official form entitled "Supplement to Contract for Contests Under PIAA Rules Involving Non - PIM Member Schools", or an equivalent electronic version thereof. CONTRACT FOR OFFICIALS UNDER PIAA RULES In the Forms Section of the PIAA Handbook is an official PIM form entitled "Contract for Officials Under PIAA Rules." All PIAA member schools shall enter into either paper or electronic contracts on the official contract form entitled "Contract for Officials Under PIAA Rules", or an equivalent electronic version thereof, with all registered sports officials retained by the schools or assigned by an assignor. ASSIGNOR AGREEMENT In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Assignor Agreement." PIM member schools and organized groups of member schools, which utilize the services of an assignor, are encouraged to enter into a written agreement with the assignor specifying the relationship with the assignor and the responsibilities of the assignor. The agreement can be modified to meet the specific circumstances as needed. REPORT OF ALLEGED VIOLATION(S) OF SEASON AND/OR OUT -OF -SEASON RULES AND REGULATIONS FORM In the Forms Section of the PIAA Handbook is an official PIAA form entitled "Report of Alleged Violation(s) of Season and/or Out -of -Season Rules and Regulations Form." Any person may report a season and/or out -of -season violation on that Form. The Form must be signed by the complainant. Where the complainant is a PIM member school, the Form must be signed by the Principal or Athletic Director. The form must be submitted to the PIM District Committee having jurisdiction over the PIM member school allegedly committing the violation(s). PIAA APPLICATION FOR APPROVAL OF INVITATIONAL AND/OR TOURNAMENT In the Forms Section of the PIM Handbook is an official PIM form entitled "PIRA Application for Approval of Invitational and/or Tournament". PIAA APPLICATION FOR SANCTION OF BORDERING STATE(S) ATHLETIC EVENT In the Forms Section of the PIAA Handbook is an official PIM form entitled "PIAA Application for Sanction of Bordering State(s) Athletic Event". 2013-2014 PIAA ORDER FORM In the Forms Section of the PIM Handbook is an official PIM form entitled "2013-2014 PIAA Order Form." NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS (NFHS) APPLICATION FOR SANCTION OF INTERSTATE AND INTERNATIONAL ATHLETIC EVENTS SANCTIONING PROCEDURES In the Forms Section of the PIAA Handbook is an official NFHS form entitled "NFHS Application for Sanction of Interstate and International Athletic Events Sanctioning Procedures". 46 EXHIBIT B Case 1:14-cv-00192-YK Document 27 Filed 06/18/14 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SHONDA CHAPMAN, individually, and as the parent and natural guardian of J.D.C., a minor, Plaintiff v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, JAMES T. ZACK, FRANCIS M. MAJIKES, JAMES B. MANNERS, ROBERT A. LOMBARDI, and RONALD KENNEDY, Defendants No. 1:14-cv-00192 (Judge Kane) ORDER AND NOW, on this 18th day of June 2014, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss (Doc. No. 12) is GRANTED as follows: 1. Plaintiff's claims arising out of 28 U.S.C. § 1983 and the Fourteenth Amendment of the United States Constitution are DISMISSED WITH PREJUDICE; 2. Plaintiff's claims arising under state law are DISMISSED WITHOUT PREJUDICE to the re -filing of such claims in Pennsylvania state court; and 3. The Clerk of Court is directed to close the case. S/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania SHONDA CHAPMAN, parent and natural guardian of JDC, a minor, Petitioner V. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • mCrr • • r" • • C-) : No. Ley 5c 6, : CIVIL ACTION - EQUITY • • • • Respondent : • ^r- - PETITION FOR IMMEDIATE AND PERMANENT INJUNCTIVE RELIEF AND NOW, comes Petitioner, Shonda Chapman, parent and natural guardian of JDC, a minor, by and through her attorneys, Schmidt Kramer PC, and respectfully sets forth the following in support of her Petition for Immediate and Pei manent Injunctive Relief, in accord with Pa. R.C.P. 1531 and 15 Pa. C.S. § 104: 1. Plaintiff incorporates her Complaint in Equity Seeking Injunctive and Declaratory Relief filed on the same day as this Petition, as if it were set forth in full herein. 2. JDC, is a minor, residing at 826 Alta Vista Avenue, Harrisburg, Susquehanna Township, Dauphin County, PA 17111, and is a homeschooled student who missed participation in the 2013-2014 athletic season and is in jeopardy of missing athletics in his sophomore year upcoming. JDC is a /7(3,, 7 4,# ;4/A1V:A 0.00 , A-4 -1 066)- sophomore in high school and wishes to play PIAA sanctioned sports at Covenant Christian Academy (hereinafter "CCA") and the school is agreeable. 3. Petitioner, Shonda Chapman, is an adult individual, sui juris, residing at 826 Alta Vista Avenue, Harrisburg, Susquehanna Township, Dauphin County, PA 17111; and is the parent and natural guardian of JDC, a minor, residing in the same household. 4. Respondent, Pennsylvania Interscholastic Athletic Association (hereinafter "PIAA") is a non-profit corporation doing business under the laws of Pennsylvania at 550 Gettysburg Road, Mechanicsburg, Cumberland County, PA, 17055. This organization currently has by-laws which are in direct contention with the homeschool section of the Pa. School Code, and unlawful part of the by-laws is being used to restrict JDC from playing sports at a private school. 5. Covenant Christian Academy is a private school located within Susquehanna Township school district. 6. PIAA, in the glossary to its by-laws, defines a private school's School District: "Each private school, including each private senior high school's feeder schools, shall have its own school district. Regardless of the location of its feeder schools, the geographical boundaries of the private senior high school's "school district" are considered the boundaries of the public school district in which it is geographically located." PIAA, By-laws, Page 44. (emphasis added.) 7. CCA is JDC's school district of residence, as he lives within its geographical boundaries (the same as Susquehanna Twp. School District). 8. The homeschool section of the Pa. School Code says, "the school district of residence shall permit a child who is enrolled in a home education program to participate in any activity...(2) For the purposes of this subsection, the school district of residence's program of interscholastic athletics, including varsity sports, shall be considered an activity..." 24 P.S. § 13-1327.1(f.1), et seq. 9. The school Code does not say a homeschooler may only play at a public school. 10. The homeschool section of the school Code makes JDC eligible at CCA. 11. When JDC was a freshman, PIAA's by-laws were consistent with the homeschool section of the statute: ... students participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible at the public schools that the students would otherwise attend by virtue of their residences and, for purposes of Cooperative Sponsorship of a Sport agreements, are deemed to be enrolled at the public schools that the students would otherwise attend by virtue of their residences. PIAA By- laws, Article III, Section 8. 12. No restriction was placed on eligibility at a private school, and eligibility was expressly given at public schools. 13. During litigation between the parties in the Federal Court in the Middle District of PA at the beginning of 2014, PIAA changed its by-laws to: ... students participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible only at the public schools that the students would otherwise attend by virtue of their residences and, for purposes of Cooperative Sponsorship of a Sport agreements, are deemed to be enrolled at the public schools that the students would otherwise attend by virtue of their residences. PIAA By- laws, Article III, Section 8. (Emphasis added) 14. Presently, PIAA is in violation, as the Pa. School Code says, "the school district of residence shall peg mit;" PIAA's glossary defines CCA as JDC's school district of residence; and its by-laws unlawfully require eligibility only at the public school. 15. Plaintiff believes and avers, that alternatively, if the by-laws are found not to be in contention with the Pa. School Code, then JDC should be "grandfathered" under the rules he entered high school sports. 16. A preliminary and/or permanent injunction should issue, because Plaintiff is likely to succeed on her declaratory judgment claim and immediate and irreparable harm continues to accrue to JDC, as he has missed each soccer and basketball game of the 2013-14 seasons, and is now in jeopardy of missing games in the 2014-2015 season which begins in September. 17. Petitioner originally attempted to resolve the wrong of PIAA's improper informal interpretation of the home school section of the Pa. School Code and its own Constitution and By-laws through the channels available to the headmaster at Covenant Christian Academy, then in Dauphin County Court before the action was removed to the Middle District, and finally by way of litigation in the Federal Court. When the state court claim was dismissed without prejudice, Plaintiff then prepared to file this new action without the operative facts which supported removal to Federal Court. 18. Petitioner has no remedy at law. 19. This Court will right a manifest and arbitrary wrong done to Petitioner's minor when PIAA is enjoined from deeming him ineligible to participate in PIAA events in a school district of residence at CCA. 20. Allowing JDC, to participate in high school sports will not harm PIAA or its member schools, as PIAA will be only required to comply with PA law, and its own by-laws, and JDC will be just like every other student athlete. 21. The public will not be harmed by this Court allowing JDC, to play sports at a private school, and on the contrary, resources which could be directed to him through Susquehanna Township's athletic programs remain fully available for public school students. Additionally, sports teams at CCA play against public schools and other private schools, and adding another eligible student will make it more likely that CCA will have a team to field and will foster increased competition. 22. Petitioner will prevail on the merits of the action in declaratory judgment for the reasons already stated. WHEREFORE, Petitioner prays this Court issue a Rule to Show Cause, directed to Respondent, why this Court should not enter an Order for immediate and/or permanent injunctive relief compelling PIAA to forbear from deeming JDC ineligible. Respectfully submitted, SCHMIDT KRAMER PC By: David Joseph Cha• an, Esq ire Attorney I.D. #209519 •vol r7/ xor,,f 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Petitioner JOINDER IN PETITION I, Shonda Chapman, have read the attached Petition, and as the parent and natural guardian of JDC, join in the Petition. Shonda Chapman Alan R. Boynton, Jr. Attorney I.D. No. 39850 Carol Steinour Young Attorney I.D. No. 55969 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 114 JUL 25 PN I: 116 CIJ�EEHLAND C©I7 S �'L VANIAPw T Attorneys for Defendant SHONDA CHAPMAN, parent and Natural guardian of JDC, a minor, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-4155 Civil PENNSYLVANIA INTERSCHOLASTIC : ATHLETIC ASSOCIATION, Defendant : CIVIL ACTION - EQUITY PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: Please enter the undersigned's appearance on behalf of Defendant in the above - captioned action. July 23, 2014 McNEES WALLACE & NURICK, LLC By Alan R. Boynto Jr. I.D. No. 39850 aboynton c@mwn.com Carol Steinour Young I.D. No. 55969 csteinouAmwn.com 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on this date, a true and correct copy of the foregoing document was served upon the following by e-mail and First Class Mail, postage pre- paid: David Joseph Chapman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff 64Aceife. •:v ' Alan R. Boynton, Counsel for Defendant Dated: July 23, 2014 SHONDA CHAPMAN, parent and natural guardian of JDC, a minor, Petitioner v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 14-4155 CIVIL : CIVIL ACTION — EQUITY PRELIMINARY ORDER 'l10,1WV I—SIPhlof AND NOW, this 31st day of July, 2014, and upon consideration of the foregoing Petition, it is hereby Ordered: , cJrn FT -1 a. A rule is issued upon Respondent to show cause why this Court should not Order the Pennsylvania Interscholastic Athletic Association to refrain from making JDC ineligible to play high school sports in his school district of residence at Covenant Christian Academy; b. Respondent shall file an Answer to the Petition within ten (10) days of July 31, 2014; c. The Petition shall be decided under Pa.R.C.P. 206.7; d. Notice of Entry of this Order shall be provided to Respondent by Petitioner; and e. A status conference shall be held with counsel for the parties on Wednesday August 13, 2014 at 9:00 a.m. in the chambers of Courtroom 2 in Cumberland County Courthouse, Carlisle, Pennsylvania. Joseph Chapman, Esquire Attorney for Petitioner ./151 -AA Respondent ri soy By the Court, Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY •`iLED-OFFIC OF THE PROTHONOTAR'; 2O1'JUL 31 AN 10: 37 CUMBERLAND COUNTY PENNSYLVANIA OFF 4.:E OF THE EHEFiIFF Shonda Chapman vs. Pennsylvania Interscholastic Athletic Association Case Number 2014-4155 SHERIFF'S RETURN OF SERVICE 07/24/2014 10:32 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint in Equity by handing a true copy to a person representing themselves to be Melissa Mertz, Associate Executive Director, who accepted as "Adult Person in Charge" for Pennsylvania Interscholastic Athletic Association at 550 Gettysburg Road, Upper Allen Township, Mechanicsburg, PA 17055. /1-3/ BRIAN GRZYBO SHERIFF COST: $39.79 SO ANSWERS, July 28, 2014 RONIN' R ANDERSON, SHERIFF (c) CountySui'.e Sheriff, Teleosofi. Inc. 5. On or about July 17, 2014, Plaintiff filed the above -captioned matter. RELEVANT FACTUAL BACKGROUND 6. Defendant Pennsylvania Interscholastic Athletic Association, Inc. ("PIAA"), is a Pennsylvania nonprofit membership corporation. Complaint, 113. 7. As set forth in the PIAA Constitution and By -Laws, attached as Exhibit "A" to the Complaint, PIAA is governed in part by By -Laws adopted by its Board of Directors. Complaint, Ex. "A," at 11-44. 8. Among PIAA's By -Laws is a series of provisions governing student athletic eligibility. Complaint, Ex. "A," at 12-26. 9. Article III of the By-laws (often referred to as the "Attendance Rule") defines the school at which a student is eligible to participate in interscholastic athletics. Complaint, Ex. "A," at 14-17. 10. In 2005, the Pennsylvania General Assembly adopted legislation requiring public schools to allow homeschooled students living within the district to participate in all extracurricular activities, including sports at the public school that they would otherwise attend due to their residence. 24 P.S. § 13-1327.1(f.1). 11. That same year, in reaction to the statutory revision, PIAA modified part of its Attendance Rule to be consistent therewith. Complaint, Ex. "A," at 14. 12. Section 1 of the Attendance Rule was modified to provide as follows: Section 1. Where Enrolled for Attendance. To be eligible to participate in [interscholastic sports], a student must be regularly enrolled in a secondary school and in full-time attendance or be home -schooled. Except as otherwise provided in this ARTICLE, a student is eligible only at the school at which the student is enrolled. 2 Complaint, ¶ 17, and Complaint, Ex. "A," at 14. 13. Consistent with Section 1 of the Attendance Rule, because he is homeschooled, J.D.C. is eligible to participate in interscholastic athletics at a PIAA member school. Id. 14. Prior to March 2014, the PIAA By-laws provided as follows: Section 8. Privately -Tutored and/or Home -Schooled Students. Students ... participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible at the public schools that the students would otherwise attend by virtue of their residences.... Complaint, Ex. "A," at 14. 15. Because J.D.C. is "a full-time home schooled student" and not in full-time attendance at a PIAA member school, Complaint, ¶14, the second part of Section 1 (the part referring to homeschooled students) is applicable here. Complaint, Ex. "A," Section 1. 16. Based upon Section 8, JDC was eligible to participate at the public school at which he would otherwise attend by virtue of his residence (i.e., Susquehanna Township). Id., Section 8. 17. Plaintiff argued in the Dauphin County Action, however, that the language of Section 8 was subject to interpretation, vague, and unenforceable. 18. After receiving the Complaint in the Dauphin County Action, and reviewing Plaintiff's argument that Section 8, even though it specified eligibility only at public schools and did not provide for eligibility at private schools, the PIAA Board of Directors amended Section 8 to make it crystal clear where home schooled students have 3 eligibility: Students ... participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible only at the public schools that the students would otherwise attend by virtue of their residences.... Complaint, ¶ 25, emphasis added as to March 2014 revision. 19. J.D.C. resides in Susquehanna Township. Complaint, ¶ 2. 20. J.D.C. is homeschooled, but last year took a couple of classes at PIAA member school Covenant Christian Academy ("CCA"). Complaint, If 14. 21. Pursuant to PIAA By-laws, if J.D.C. chooses to attend CCA on a full time basis, he would be eligible to play sports at CCA. Complaint, Ex. "A," Section 8. 22. Pursuant to PIAA By-laws, if J.D.C. chooses to continue to be homeschooled and not to attend CCA on a full time basis, he is eligible to participate in interscholastic athletics only at Susquehanna Township High School ("Susquehanna"), his public high school of residence. Id. 23. Susquehanna is a PIAA member, and it is well known that it has numerous interscholastic sports teams, including the two sports (soccer and basketball) which J.D.0 desires to play. Complaint, ¶ 15. 24. J.D.C., although eligible at Susquehanna, wants to play sports at CCA, not Susquehanna. Complaint, Requests for Relief. 4 First Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(4) — Legal Insufficiency (Demurrer) To Request For Declaratory Relief 25. Paragraphs 1 through 24, above, are incorporated herein by reference as if set forth in full herein. 26. Pursuant to Pa.R.C.P. No. 1028(a)(4), a party may present the issue of legal insufficiency of a pleading by the filing of a preliminary objection to a pleading. Pa.R.C.P. No. 1028(a)(4). 27. Plaintiff's first count seeks declaratory relief. Complaint, at 7-9. 28. Plaintiff's first count is premised upon three arguments: (1) that PIAA's approach is contrary to the Public School Code; (2) that PIAA's approach is inconsistent with its own By -Laws; and (3) that, even if she is otherwise wrong in her theories, J.D.C. should be "grandfathered" and allowed to play. 29. Plaintiffs claim should be dismissed because (1) PIAA's decision not to grant homeschooled students eligibility at private schools is not in violation of the Public School Code; (2) PIAA's By -Law clearly and unambiguously provides for J.D.C.'s eligibility only at Susquehanna so long as he remains a homeschooled student; and (3) the concept of "grandfathering" is not applicable to this matter. A. PIAA's Rule Is Consistent With State Law. 30. 24 P.S. § 13-1327.1(f.1) provides for participation by homeschooled students in interscholastic athletics at the public school of residence. 31. 24 P.S. § 13-1327.1(f.1) does not require or prohibit participation by homeschooled students in interscholastic athletics at the private schools. 32. Consistent with Pennsylvania law, PIAA has chosen not to extend 5 eligibility for homeschooled students to private schools. See 24 P.S. § 13-1327.1(f.1). 33. Plaintiffs interpretation of 24 P.S. § 13-1327.1(f.1) is erroneous and inconsistent with the statute's language and with common sense. B. PIAA's Approach Is Consistent With Its By -Laws. 34. Section 8 of the Attendance Rule controls which school J.D.C. is eligible to participate at with respect to interscholastic athletics if he remains homeschooled. 35. Pursuant to the PIAA By -Laws, if J.D.C. remains homeschooled and continues to live in his current residence, he is eligible to participate in interscholastic athletics only at Susquehanna Township High School. 36. Even to the extent that PIAA's By -Laws are in any way ambiguous relevant to this matter, PIAA's own interpretation of its By -Laws is not in any way arbitrary or capricious discrimination and, instead, consistent with court precedent and strong organizational interests. C. "Grandfathering" Is Not Relevant To This Proceeding. 37. Plaintiff requests relief, in the alternative, that J.D.C. be "grandfathered" and allowed to play interscholastic sports at the private school of his choice. 38. PIAA advised Plaintiff in 2013, prior to revising the By -Laws (which served to clarify, not change, the rule with respect to eligibility of home schooled students), that J.D.C. was not eligible to participate at CCA if he was homeschooled. 39. J.D.C. has not yet participated in interscholastic athletic competition at CCA. 40. "Grandfathering" is not an appropriate remedy here as that term refers to a legislative provision permitting an exception to parties when standards change. 6 41. PIAA's By -Law revision in March 2104 did not change its approach to homeschooled student eligibility. 42. Further, PIAA's By -Laws do not have a "grandfather" provision which applies to this matter. 43. "Grandfathering" is not an appropriate form of relief in a declaratory judgment request. 44. Plaintiff cannot prevail on her request that J.D.C. be permitted to participate at CCA under a "grandfathering" theory as no grandfather clause exists in the By -Laws. WHEREFORE, Defendant requests that its Preliminary Objections be sustained and that Plaintiffs count for declaratory relief be dismissed with prejudice. Second Preliminary Objection Pursuant to Pa.R.C.P. 1028(a)(4) — Legal Insufficiency (Demurrer) to Request for Injunctive Relief 45. Paragraphs 1 through 24, above, are incorporated herein by reference as if set forth in full herein. 46. Plaintiffs request for injunctive relief does not set forth any new substantive claim but only adds a different form of relief sought by Plaintiff. See Complaint, ¶ 56 ("Plaintiff is likely to succeed for the reasons stated in her declaratory judgment section."). 47. Actions in equity were abolished in Pennsylvania in 2003. 48. Pennsylvania Rule of Civil Procedure 1020(a) provides that: The plaintiff may state in the complaint more than one cause of action cognizable in a civil action against the same defendant. Each cause of action and any special damage related thereto shall be stated in a 7 separate count containing a demand for relief. 49. Pursuant to Rule 1020(a), a cause of action and the relief sought for that cause of action are to be stated in the same count. 50. Injunctive relief is not a stand-alone cause of action. 51. Pennsylvania courts have defined a cause of action as: the fact or facts which give a person a right to judicial relief; the legal effect of an occurrence in terms of redress to a party to the occurrence. A situation or state of facts which would entitle a party to sustain action and give him the right to seek a judicial remedy in his behalf. Kelly v. Resource Housing of America, Inc., 615 A.2d 423, 425 (Pa. Super. 1992); see also Shadyside Hospital/Heritage v. W.C.A.B. (Berry), 639 A.2d 1337, 1341 (Pa. Cmwth. 1994) (defining cause of action as "the group of operative facts out of which a grievance has developed...the factual basis for a claim, or, to put it another way, a set of facts which, if proved, would entitle a party to relief'). 52. An injunction is an equitable remedy, not its own cause of action. XF Enterprises, Inc. v. BASF Corp., 47 Pa. D. & C.4th 147, 151 (Pa. C.P. 2000)(stating that an "injunction is an equitable remedy which should not support any cause of action beyond the equitable relief which it may provide"). 53. Plaintiffs injunction count fails to state a valid cause of action. 54. Plaintiff's cause of action is not properly identified or set forth and should be dismissed. 8 WHEREFORE, Defendant requests that its Preliminary Objections be sustained and that Plaintiffs count for injunctive relief be dismissed with prejudice. Respectfully submitted, McNEES WALLACE & NURICK LLC Dated: August 8, 2014 By w�vwr e a 4,0( Alan R. Boynt , Jr. Pa. Attorney I.D. No. 39850 Carol Steinour Young Pa. Attorney I.D. No. 55969 100 Pine Street, P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Defendant 9 CERTIFICATE OF SERVICE I hereby certify that on this date, a true and correct copy of the foregoing document was served upon the following by e-mail and First Class Mail, postage pre- paid: Dated: August 8, 2014 David Joseph Chapman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff 1&A4 «44 Alan R. Boynton,. Counsel for Defendant 10 SHONDA CHAPMAN, parent and Natural guardian of JDC, a minor, Plaintiff v. Mll. EC -OFFICE Cif' THE PROTHONOTARY An -8 ;A tit 21 t,. COUNTY IN THE COURT OF COMM' --{F : CUMBERLAND COUNTY, PNSYLV AN IA : NO. 14-4155 Civil PENNSYLVANIA INTERSCHOLASTIC : ATHLETIC ASSOCIATION, Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S PETITION FOR IMMEDIATE AND PERMANENT INJUNCTIVE RELIEF NOW COMES Defendant Pennsylvania Interscholastic Athletic Association, Inc. ("PIAA"), through its counsel, McNees Wallace & Nurick LLC, which answers Plaintiffs Petition for Immediate and Permanent Injunctive Relief ("Petition") as follows: 1. PIAA has not yet answered the averments set forth in Plaintiffs Complaint and is, contemporaneously with this Answer, filing Preliminary Objections to the Complaint. 2. Admitted upon information and belief that Plaintiff is a resident of Susquehanna Township, Dauphin County, Pennsylvania. It is further admitted upon information and belief that J.D.C. is a homeschooled student, that he will soon be considered the equivalent of a high school sophomore and that he did not participate in interscholastic athletics during the 2013-2014 school year. It is denied that such failure to participate was other than pursuant to a voluntary decision by him and his parents. To the best of PIAA's knowledge, J.D.C. was, and remains, fully eligible to participate in interscholastic athletics under the jurisdiction of PIAA. It is further admitted upon information and belief that J.D.C. desires to play interscholastic sports at a private SHONDA CHAPMAN, parent and : IN THE COURT OF COMMON PLEAS OF Natural guardian of JDC, a minor, : CUMBERLAND COUNTY, PENNSXLVANIA Plaintiff --4 V. : NO. 14-4155 Civil �A -.<y> OD c) PENNSYLVANIA INTERSCHOLASTIC : r— < (23 ATHLETIC ASSOCIATION, 'c' w Defendant °'� DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT' Defendant Pennsylvania Interscholastic Athletic Association, Inc. ("PIAA"), by and through its undersigned counsel, hereby files the following Preliminary Objection to Plaintiffs Complaint. RELEVANT PROCEDURAL BACKGROUND 1. On January 31, 2014, Plaintiff filed a Complaint in the Court of Common Pleas of Dauphin County seeking essentially the same relief sought here ("the Dauphin County Action"). Complaint, ¶ 22. 2. Because the Dauphin County Action sought relief under the United States Constitution and federal statutory law, PIAA promptly removed the Dauphin County Action to the United States District Court for the Middle District of Pennsylvania. Complaint, ¶ 23. 3. By opinion and order dated June 18, 2014, the U. S. District Court dismissed Plaintiffs federal claims with prejudice. Complaint, ¶ 27, and Exhibit "B" thereto. A copy of the Court's opinion is attached hereto as Appendix "A." 4. The District Court chose not to address PIAA's motion to dismiss the pendent state claims, but instead dismissed the case and allowed Plaintiff to pursue her state law claims in state court. See Appendix "A." school at which he does not plan to be in full time attendance and, therefore, not eligible. 3. Admitted upon information and belief. 4. Admitted in part and denied in part. The first sentence of this Paragraph is admitted. The second sentence is denied as inconsistent with state law. PIAA's By - Laws are in compliance with the provisions of the Pennsylvania Public School Code. 5. Admitted. 6. Denied as stated. Plaintiff quotes only a partial excerpt from PIAA's definition of a Private School District. The full definition is as follows: Private School's School District: Each Private School, including each Private senior high School's Feeder Schools, shall have its own "school district." Regardless of the location of its Feeder Schools, the geographic boundaries of the Private senior high School's "school district" shall be considered the boundaries of the public school district in which it is geographically located. The Private School's school district and the public school district are separate school districts. 7. Denied. J.D.C.'s school district of residence, as that term is identified in the Public School Code, is Susquehanna Township School District, which is a public school district. The PIAA definition to which Plaintiff makes reference is used in the PIAA By -Laws for a single purpose, defining a school's boundaries for entry into cooperative sport agreements. Such definition is necessary as cooperative sport agreements are permitted only for those schools in contiguous school districts. The term is inapplicable to the phrase "school district of residence," which is a statutory term under the Public School Code. 8. Admitted that Plaintiff quotes from 24 P.S. § 13-1327.1(f.1) of the -2- Pennsylvania Public School Code. 9. Admitted. By way of further answer, 24 P.S. § 13-1327.1(f.1) requires eligibility only at a public school. It does not require eligibility at any private school. 10. Denied. Plaintiffs interpretation of 24 P.S. § 13-1327.1(f.1) is inconsistent with the language of that provision and contrary to law. 11. Admitted. The provision of the PIAA By -Laws has always been in compliance with 24 P.S. § 13-1327.1(f.1). 12. Denied. Plaintiffs reading of the quoted section is inconsistent with the language therein and common sense. The provision specified that homeschooled students were eligible at the public school schools that they would otherwise attend by virtue of their residence. It did not provide for eligibility at any other schools. 13. Admitted in part and denied in part. It is admitted that PIAA amended ARTICLE III, Section 8, of its By -Laws in March 2014. It is denied that all of the highlighted parts of this averment were amended. The only change to the By -Law was to add the terms "only" to make absolutely certain that homeschooled students were eligible only at public schools. 14. Denied. ARTICLE III, Section 8, of the PIAA By -Laws is in compliance with the Pennsylvania Public School Code. 15. Denied. "Grandfathering" is inapplicable to, and inappropriate for, the current proceeding. 16. Denied. Plaintiff is not likely to prevail on the merits of her claim and J.D.C. is not at risk of immeidate and irreparable harm. By way of further response, a - 3 - request for permanent injunctive relief at this stage of the litigation is inconsistent with the Rules of Civil Procedure as premature. 17. Admitted in part and denied in part. It is denied that CCA pursued available administrative remedies to determine J.D.C.'s eligiblity. It is admitted that, had such remedies been pursued with the facts as averred in the Complaint, such efforts would not have been successful since J.D.C. is eligible, so long as he remains a homeschooled student residing in Susquehanna Township, only at Susquehanna Township High School. By way of further response, it is admitted that Plaintiff did file an action in the Court of Common Pleas of Dauphin County. Because that Complaint set forth multiple claims of violation of federal civil rights, the action was removed to federal court. The federal claims were determined to be wholly without merit and dismissed with prejudice by Judge Kane on June 19, 2014. A copy of the court's opinion is attached hereto as Appendix "A." Judge Kane chose not to address the pendent state law claims and dismissed those without prejudice. By way of further response, the operative facts between the two actions have not changed. The only thing to have changed is that Plaintiff is not pursuing claims under federal law in this action. 18. Denied. Plaintiff fails to identify why she has no adequate remedy at law and Pennsylvania case law is clear that the loss of athletic eligibility of an entire year does not constitute irreparable harm. Revesz v. Pennsylvania Interscholastic Athletic Ass'n, Inc., 798 A.2d 830, 837 (Cmwth. Ct. 2003). 19. Denied. Plaintiffs legal position is inconsistent with Pennsylvania law and wholly without merit, and J.D.C. is not at risk of immediate and irreparable harm. -4- 20. Denied. PIAA's By -Laws are in compliance with state law. Plaintiff does not seek to have J.D.C. treated as any other student but seeks privileged and exceptional treatment not afforded to any other student in Pennsylvania. No student, once he has determined his educational status, has discretion at which school he is eligible. So long as he remains homeschooled, J.D.C. is eligible to participate in interscholastic athletics only at Susquehanna Township High School during the 2014- 2015 school year. If J.D.C. desires to play high school sports at CCA, he need only enroll and be in full time attendance there. The choice is entirely his own. Once that choice is made, however, his school of eligibility is determined. 21. Denied. Plaintiff's request is contrary to the public interest. As determined by Judge Kane in dismissing Plaintiffs federal court claims, PIAA's approach supports a legitimate governmental interest in preventing unfair concentration of students who might "cherry pick" between schools at which they are not in full time attendance. The court further recognized that Plaintiff's proposed approach would "invite the very problems the rule addresses." Opinion, at 15-16. The court quoted extensively from a federal district court decision in Maine which rejected similar arguments from a homeschooled student requesting eligibility at a private school: But it is not irrational in the constitutional sense for the [Maine Principals' Association] to be concerned that freedom of choice for home -schooled athletes could lead to unfair concentration of athletes at a particular private school, and that a residence/public school affiliation is the easiest way to enforce recruitment prohibitions." Pelletier [v. Maine Principals' Ass'n, 261 F. Supp.2d 10 (D. Maine 2003)] 261 F. Supp. 2d at 14-15. 22. Denied. Plaintiff is not likely to prevail on the merits of her claim. 5 NEW MATTER 1. The Pennsylvania Public School Code, 24 P.C.S.A. § 13-1327.1(f.1), provides, in relevant part, that ... the school district of residence shall permit a child who is enrolled in a home education program to participate in any activity that is subject to the provisions of section 111, including but not limited to, clubs, musical ensembles, athletics and theatrical productions provided that the child: *** 2. 24 P.C.S.A. § 13-1327.1(f.1) is mandatory in that it requires the school district of residence to permit participation ("the school district of residence shall permit...."). 3. The Pennsylvania Public School Code applies to public schools and the applicable section did not intend to require every private school in the Commonwealth to permit homeschooled students living within the public school district in which the school is located to participate in all extracurricular activities offered by the private school. 4. 24 P.C.S.A. § 13-1327.1(f.1) does not prohibit PIAA from granting eligibility for homeschooled students at private schools but it also does not require it to do so. 5. As determined by Judge Kane, PIAA has sound policy reasons for not providing for athletic eligibility for homeschooled students at private schools. 6. The PIAA By -Law at issue is consistent with state law. 7. Plaintiffs reliance upon 24 P.C.S.A. § 13-1327.1(f.1) in support of her position is inconsistent with the language and intent of that provision. 8. Pennsylvania courts have consistently determined that the loss of athletic -6- eligibility for an entire year does not constitute immediate and irreparable harm in the preliminary injunction context. Revesz v. Pennsylvania Interscholastic Athletic Ass'n, Inc., 798 A.2d 830, 837 (Cmwth. Ct. 2003) ("the loss of an opportunity to play interscholastic athletics for one year does not constitute irreparable harm."). 9. Even if Plaintiff could argue that the loss of athletic eligibility for a year might somehow constitute irreparable harm, J.D.C. is not at risk of such Toss since he remains fully eligible to participate at Susquehanna Township. He has voluntarily chosen not to avail himself of that opportunity. 10. A request for preliminary injunction is governed by Pa.R.Civ.P. 1531. Absent stipulation of the parties, which has not been sought of Defendant nor provided, a request for permanent injunctive relief at this stage of the proceedings is inappropriate and should be denied without further consideration. See Soja v. Factoryville Sportsmen Club, 361 Pa. Super. 473, 479, 522 A.2d 1129 (1987). 11. "Grandfathering" is a statutory device not applicable or relevant to the present proceeding. 12. Plaintiff is required to meet every criteria applicable to requests for preliminary injunctive relief. Greenmoore, Inc. v. Burchick Construction Co., 908 A.2d 310, 314 (Pa. Super. 2006) 13. Plaintiff cannot meet any of the applicable criteria. 7 WHEREFORE, Defendant Pennsylvania Interscholastic Athletic Association, Inc. requests that Plaintiffs request for emergency and permanent injunctive relief be denied. McNEES WALLACE & NURICK LLC By Alan R. Boyntr' , Jr. PA I.D. No. 39850 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (telephone) Dated: August 8, 2014 Counsel for Defendant 8 VERIFICATION I, Robert A. Lombardi, as Executive Director of the Pennsylvania Interscholastic Athletic Association, Inc., hereby verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. kki-A ,014A—ve: 4 Dr. Robert A. Lombardi Date: August 7, 2014 EXH BIT "A" Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 1 of 20 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SHONDA CHAPMAN, individually, and as the parent and natural guardian of J.D.C., a minor, Plaintiff No. 1:14-cv-00192 v. (Judge Kane) PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, JAMES T. ZACK, FRANCIS M. MAJIKES, JAMES B. MANNERS, ROBERT A. LOMBARDI, and RONALD KENNEDY, Defendants MEMORANDUM Before the Court is Defendants' motion to dismiss Plaintiff's complaint (Doc. No. 12). For the reasons that follow, the Court will dismiss Plaintiff's claims arising out of 42 U.S.C. § 1983 and the United States Constitution. Additionally, because the Court will decline to exercise supplemental jurisdiction over Plaintiff's state law claims, it will dismiss the state law claims without prejudice to Plaintiff's refiling of such claims in Pennsylvania state court. L BACKGROUND Plaintiff in the above -captioned action is Shonda Chapman, individually, and as the parent and natural guardian of J.D.C., a minor. (Doc. No. 1-1.) As of the beginning of the 2013- 2014 school year, J.D.C. is a full-time home -schooled student who resides within the Susquehanna Township School District. (Id. ¶¶ 12, 16.) In September 2013, J.D.C.'s parents additionally enrolled him in two classes at Covenant Christian Academy, a private school, for 1 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 2 of 20 which they paid $500 tuition and a $75 activity fee. (Id. 111113-14.) Although Covenant Christian agreed to allow J.D.C. to play on its sports teams, Defendant Pennsylvania Interscholastic Athletic Association (PIAA) ruled J.D.C. ineligible. (Id. ¶¶ 20-22.) Defendant explained that according to Article III of the PIAA bylaws ("Attendance Rule") a home -schooled student with less than full-time enrollment in a private school is ineligible to play at that private school. (Id. ¶¶ 25-31.) Rather, according to the PIAA, J.D.C. must play in the public school district in which he resides. It appears this determination was based on sections 1 and 8 of the PIAA's Attendance Rule. Section 1 provides that: To be eligible to participate in an Inter -School Practice, Scrimmage, or Contest, a student must be regularly enrolled in a secondary school and in -full time attendance, or be homeschooled. Except as otherwise provided in this ARTICLE, a student is eligible only at the school at which the student is enrolled. (Id. ¶ 40.) Section 8 elaborates, providing that: [S]tudents participating in a home education program under Section 1327.1 of the Public School Code of 1949 are eligible at the public schools that the students would otherwise attend by virtue of their residences and, for purposes of Cooperative Sponsorship of a Sport Agreements, are deemed to be enrolled at the public schools that the students would otherwise attend by virtue of their residences. (Id. ¶ 43.) While J.D.C. is allowed to practice with Christian Covenant, he is not permitted to play in games. (Id. ¶ 23.) On January 31, 2014, Plaintiff filed a civil action in the Court of Common Pleas of Dauphin County, Pennsylvania seeking declaratory and injunctive relief. (Doc. No. 1-1.) Named as Defendants in addition to the PIAA are PIAA board of directors members James T. Zack, Francis M. Majikes, James B. Manners, Robert A. Lombardi, and Ronald Kennedy. (Id.) Plaintiff brings claims arising out of 42 U.S.C. § 1983 and the United States Constitution, 2 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 3 of 20 alleging that Defendants' rule prohibiting J.D.C. from competing with the Covenant Christian basketball team violates the Fourteenth Amendment. (Id. ¶ 65.) Specifically, she alleges that it violates her fundamental right to direct the education of her son, in addition to her right to equal protection and free exercise. (Id. ¶ 60.) She further alleges that she has a protected liberty interest in the benefits of paying an activity fee to further her child's education without arbitrary and irrational government interference. (Id. ¶ 63.) She also alleges that the actions of the PIAA were arbitrary and capricious in violation of state law, and that the PIAA did not correctly interpret its by-laws. (Id. IN 10, 56-59.) On February 4th, 2014, Defendants removed the action to this Court on the basis of federal question jurisdiction. (Doc. No. 1.); see also 42 U.S.C. § 1331. Plaintiff then filed a "motion for an expedited hearing" regarding her request for a preliminary injunction. (Doc. No. 4.) The Court found no basis to grant the motion and denied the hearing. (Doc. No. 9.) Defendants subsequently filed a motion to dismiss the complaint for failure to state a claim for which relief can be granted on February 20, 2014. (Doc. No. 12.) The motion is fully briefed and ripe for disposition. II. LEGAL STANDARD A motion to dismiss filed pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the legal sufficiency of the complaint. Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir. 1993). In reviewing a motion to dismiss, a court may "consider only the allegations in the complaint, exhibits attached to the complaint, matters of public record, and documents that form the basis of a claim." Lum v. Bank of America, 361 F.3d 217, 221 n.3 (3d Cir. 2004). The motion will only be properly granted when, taking all factual allegations and inferences drawn therefrom as true, 3 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 4 of 20 the moving party is entitled to judgment as a matter of law. Markowitz v. Ne. Land Co., 906 F.2d 100, 103 (3d Cir. 1990). The burden is on the moving party to show that no claim has been stated. Johnsrud v. Carter, 620 F.2d 29, 33 (3d Cir. 1980). Thus, the moving party must show that the plaintiff has failed to "set forth sufficient information to outline the elements of his claim or to permit inferences to be drawn that those elements exist." Kost, 1 F.3d at 183 (citations omitted). A court, however, "need not credit a complaint's 'bald assertions' or `legal conclusions' when deciding a motion to dismiss." Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906-908 (3d Cir. 1997). Although the Rule 12(b)(6) standard does not require "detailed factual allegations," there must be a "`showing,' rather than a blanket assertion of entitlement to relief. . .. `[F]actual allegations must be enough to raise a right to relief above the speculative level."' Phillips v. Cnty. of Allegheny, 515 F.3d 224, 231-32 (3d Cir. 2008) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Put otherwise, a civil complaint must "set out `sufficient factual matter' to show that the claim is facially plausible." Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). III. DISCUSSION A. Equal protection/free exercise Defendants argue that Plaintiff's equal protection claim based on free exercise principles must be dismissed because the challenged bylaw, the Attendance Rule, is facially neutral and does not burden Plaintiff's right to free exercise. (Doc. No. 13 at 15, 18-21.) Therefore, according to Defendants, the Court should apply rational basis review, and because the rule is 4 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 5 of 20 rationally related to a legitimate government interest, it does not violate the United States Constitution. (Id.) Plaintiff asserts that the Attendance Rule, as interpreted by Defendants, is not neutral on its face, as "there are no public religious schools," and "the home-schooler who is committed to play in a God -centered environment cannot." (Doc. No. 14 at 16-19.) Accordingly, Plaintiff argues that strict scrutiny applies, and the law is not narrowly tailored to serve a compelling interest. (Id.) As an initial matter, Courts have noted that in considering equal protection and free exercise questions like those brought by Plaintiff, the claims "are functionally identical and it would be redundant to treat them separately." Trefelner ex rel. Trefelner v. Burrell Sch. Dist., 655 F. Supp. 2d 581, 590 (W.D. Pa. 2009) (quoting Hill v. City of Scranton, 411 F.3d 118, 126 (3d Cir. 2005). Thus, because the free exercise clause "is the strongest guarantee of the rights at issue ... the court will only address [P]laintiffs' claims under the free exercise clause." Id. The Free Exercise Clause provides that "Congress shall make no law ... prohibiting the free exercise [of religion]." U.S. Const. amend. I. If a law is "neutral" and "generally applicable," and burdens religious conduct only incidentally, the rule is subject to rational basis review and "the Free Exercise Clause offers no protection." Tenafly Eruv Ass'n, Inc. v. Borough of Tenafly, 309 F.3d 144, 165 (3d Cir. 2002) "Under rational -basis review, the challenged classification must be upheld if there is any reasonably conceivable state of facts that could provide a rational basis for the classification." Angstadt v. Midd-W. Sch. Dist., 377 F.3d 338, 345 (3d Cir. 2004) (internal citations and quotations omitted). "On the other hand, if the law is not neutral (i.e., if it discriminates against religiously motivated conduct) or is not generally applicable (i.e., if it proscribes particular conduct only or primarily when religiously motivated), 5 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 6 of 20 strict scrutiny applies and the burden on religious conduct violates the Free Exercise Clause unless it is narrowly tailored to advance a compelling government interest.' Tenafly Eruv Ass'n Inc., 309 F.3d at 165. A "neutral" law "does not target religiously motivated conduct either on its face or as applied in practice." Blackhawk v. Pennsylvania, 381 F.3d 202, 209 (3d Cir. 2004). A law is not "generally applicable" if it "burdens a category of religiously motivated conduct but exempts or does not reach a substantial category of conduct that is not religiously motivated and that undermines the purposes of the law to at least the same degree as the covered conduct that is religiously motivated." Id. The Court finds that the Attendance Rule as applied to Plaintiff is facially neutral and of general applicability. Plaintiff's position that the PIAA's rule is not facially neutral because "there are no public religious schools" is unpersuasive. To the extent Plaintiff asks the Court to conclude that any law distinguishing between public and private schools targets religiously motivated conduct on its face, the Court declines to do so. The Attendance Rule makes no reference to religion or religious worship on its face. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 533 (1993) ("[T]he minimum requirement of neutrality is that a law not discriminate on its face. A law lacks facial neutrality if it refers to a religious practice without a secular meaning discernable from the language or context.") Moreover, the Court finds that the PIAA's rule is generally applicable. It applies to all ' "To survive strict scrutiny, a challenged government action must be narrowly tailored to advance a compelling government interest, whereas rational basis review requires merely that the action be rationally related to a legitimate government objective." Tenafly Eruv Ass'n, Inc., 309 F.3d at 165 n.24. 6 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 7 of 20 home -schooled children equally, regardless of religious beliefs. For example, in Combs v. Homer -Center School District, 540 F.3d 231, 242 (3d Cir. 2008), parents of home -schooled children brought an equal protection claim, alleging that a law requiring them to comply with reporting and review requirements violated their sincerely held religious beliefs. The Court applied rational basis to that claim, concluding that the law "neither targets religious practice nor selectively imposes burdens on religiously motivated conduct. Instead, it imposes the same requirements on parents who home-school for secular reasons as on parents who do so for religious reasons." Combs, 540 F.3d at 242. This is precisely the case with the Attendance Rule. It applies generally to all home-schoolers, regardless of religious belief. The analysis does not change and the rule is no less generally applicable just because the rule does not permit J.D.C. to play sports at his preferred school. See Bowen v. Roy, 476 U.S. 693, 712 (1986) ("[G]iven the diversity of beliefs in our pluralistic society and the necessity of providing governments with sufficient operating latitude, some incidental neutral restraints on the free exercise of religion are inescapable."); Combs, 540 F.3d at 242. Additionally, the Court finds that any burden the Rule places on Plaintiff's religious exercise is minimal. Multiple courts have found that to the extent high school athletics eligibility requirements may burden religious freedom by ruling students ineligible for interscholastic sports at the private religious school of their choice, such a burden does not offend the Constitution. For example, in Walsh v. Louisiana High School Athletic Association, 616 F.2d 152 (5th Cir. 1980), Plaintiffs challenged a rule which provided that upon completion of elementary or high school, a student was eligible to participate immediately only at a high school within his home district. If a student matriculated to a school outside of his district, he 7 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 8 of 20 was deemed ineligible for one year. Plaintiffs wished to have their son play sports at a parochial school located outside of their home district, and challenged the rule. The Court held that any burden placed by this rule was "de minimis:" The encroachment of the ... rule on the free exercise of religion is both limited in scope and insignificant in magnitude. The transfer rule does not deny these parents or their children the right to actively practice the Lutheran faith. Similarly, it neither prohibits a parent from enrolling his child in Lutheran High School nor interferes with the ability of such a child to obtain the religious education provided by that school. Id. at 158. The Court finds Walsh's reasoning sound, and finds that application of the Attendance Rule does not place a constitutionally intolerable burden on Plaintiff's free exercise. See also Robbins v. Indiana High School Athletic Ass'n, 941 F. Supp. 786, 792 (S.D. Ind. 1996). Indeed, the United States District Court of Maine decided a virtually identical case to the one before this Court in Pelletier v. Maine Principals' Assocation, 261 F.Supp. 2d 10 (D. Me. 2003). There, Plaintiffs challenged a requirement that home -schooled children must play sports in the public school district in which they reside. Plaintiffs, however, sought to have their children play at a private religious school. The Court applied rational basis and found there was no burden on the free exercise of religion. Id. at 14-16. The Court wrote: The Pelletiers can enroll their children at Seacoast or any other private school they choose. Or they can choose home schooling, as they have. They can choose not to participate in organized athletic programs at all, or to participate on an exhibition basis through private schools that will let them. Or, because the State has made the choice possible, they can have their home -schooled children participate in the full range of interscholastic athletic programs through their local public high school. With all these choices, Maine has not burdened the Pelletiers' free exercise of religion. Id. at 16. Although Plaintiff argues that Pelletier is not binding on this Court, it is persuasive authority, and the Court agrees with its reasoning. Plaintiff is free to enroll her child at Covenant 8 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 9 of 20 Christian full-time, and if she does so, J.D.C. is permitted to play interscholastic sports there. Alternatively, Plaintiff is free to continue home -schooling, in which case her son may play at the local public school. The Rule does not burden her free exercise of religion or her right to worship as she pleases. See Tony & Susan Alamo Found. v. Sec'y of Labor, 471 U.S. 290, 303 (1985) ("It is virtually self-evident that the Free Exercise Clause does not require an exemption from a governmental program unless, at a minimum, inclusion in the program actually burdens the claimant's freedom to exercise religious rights.") Plaintiff relies on Trefelner ex rel. Trefelner v. Burrell School District, 655 F. Supp. 2d 581, 590 (W.D. Pa. 2009) as persuasive authority in support of her claim that the Attendance Rule violates her right of free exercise. (Doc. No. 14 at 17-18.) The Court finds it inapposite. In Trefelner, a student at St. Joseph's, a private parochial school, challenged a rule that students must be enrolled at the Defendant public school district in order to participate in extracurricular activities at the public school. Prior to attending St. Joseph's, Plaintiff was an eighth -grade student in the district and had participated in the high school marching band there. Following his enrollment at St. Joseph's, Plaintiff still wished to participate in the district's public school marching band, because St. Joseph's did not have one. The Court issued a Temporary Restraining Order compelling the district to permit the student to participate at the public school. Id. The Court finds Trefelner is not analogous because, first, the benefit the Trefelner court found was improperly withheld — eligibility at public school activities — is readily available to J.D.C. under the Attendance Rule.' ' The Court also observes that the application of the challenged rule to the Plaintiff in Trefelner meant that he was unable to participate in any marching band by virtue of his enrollment at St. Joseph's parochial school. The Attendance Rule, by contrast, does not serve to 9 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 10 of 20 More importantly, crucial to the Court's decision in Trefelner was that although the rule was "facially neutral and generally applicable" at the time it was drafted, the District had granted exemptions over time for home -schooled and charter students, and the ultimate effect of these exemptions was that the only students in the district who were not eligible to play at the public schools were students at private religious schools like St. Joseph's. Id. at 596. Indeed, Plaintiff in Trefelner was flatly informed by the district that although it " permit[s] homeschooled and cyber schooled children to participate [in the marching and jazz bands].... [T]he district will not permit parochial students to participate." Id. at 588. In other words, these exemptions had the effect of exclusively depriving religiously -affiliated private school students of a benefit provided to all other school-age children in the district: namely, participation in the public school activities. Plaintiff's situation is distinguishable. The PIAAs Attendance Rule applies equally to all students not enrolled full-time and does not, as Plaintiff argues, "make[] religious home - schooled students second-class citizens." (Doc. No. 14 at 18.) In order to be analogous to Trefelner, Plaintiff would need to allege that the Attendance Rule provides a benefit to virtually all school age children that it deprives to home -schooled children like J.D.C.. But this is not the case. J.D.C. is eligible to play basketball at the local public school. While Plaintiff wishes to choose where her home -schooled son may play sports, no children who are home -schooled, whether for religious or secular purposes, have such a choice under the Rule. The Attendance Rule does not target religious beliefs, and it does not deprive religious home -schooled students exclude home -schooled student J.D.C. from all participation in interscholastic sports. He may participate by playing with the team at his district's public school. 10 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 11 of 20 of a benefit provided to all other students in the district. See Bowen, 476 U.S. at 708 ("Here there is nothing whatever suggesting antagonism by Congress towards religion generally or towards any particular religious beliefs. The requirement that applicants provide a Social Security number is facially neutral and applies to all applicants for the benefits involved."). Thus, the Court finds that the Attendance Rule is facially neutral, generally applicable, and does not deny or burden the Plaintiff and J.D.C. the right to worship as they choose. Accordingly, the Court will apply rational basis review to Plaintiff's free exercise/equal protection claim. However, because Plaintiff has asserted additional grounds in support of her position that the Attendance Rule requires strict scrutiny — specifically, that the Rule allegedly burdens the right to direct her child's education — the Court will first address the level of scrutiny that applies to that claim before analyzing whether the Rule meets rational basis review. B. Fundamental right to direct child's education Defendants argue that the Attendance Rule does not infringe on Plaintiff's right to direct her child's education, and rational basis review applies. (Doc. No. 13 at 10-15.) Plaintiff contends that the Attendance Rule infringes on a parent's right to guide her child's upbringing, education and religion, and the Attendance Rule must be narrowly tailored to serve a compelling government interest. (Doc. No. 14 at 10-16.) The right to education is not constitutionally protected, but the right of intimate association extends to "child rearing and education." Bd. of Dirs. of Rotary Int'1 v. Rotary Club of Duarte, 481 U.S. 537, 545 (1987). See Pierce v. Soc'y of the Sisters, 268 U.S. 510, 534-35 (1925), (striking down a state statute that "unreasonably interfere[d] with the liberty of parents and guardians to direct the upbringing and education of children under their control"). For 11. Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 12 of 20 example, in Wisconsin v. Yoder, 406 U.S. 205 (1972), the Supreme Court struck down a law requiring attendance at school until age sixteen as "involv[ing] the fundamental interest of parents, as contrasted with that of the State, to guide the religious future and education of their children." Id. at 232. However, "[s]tate action that incidentally affects the parent-child relationship is subject to minimum scrutiny, requiring only that the action rationally advance a legitimate government interest." Angstadt v. Midd-W. Sch. Dist., 377 F.3d 338, 344 (3d Cir. 2004) (emphasis added). The Court finds that the Attendance Rule does not unreasonably interfere with Plaintiff's right to direct her child's education. The United States Court of Appeals for the Third Circuit decided a similar matter in holding that athletic eligibility requirements did not interfere with the right to direct a child's education in Angstadt, 377 F.3d 338. The Plaintiff in Angstadt was a student at a cyber charter school who was denied eligibility to participate in interscholastic basketball competitions because her curriculum and course verification procedures did not meet the various requirements for athletic eligibility. Plaintiff filed a complaint, alleging in part that "educational choices of the type and nature at issue in this matter are within the scope of constitutionally protected associations and that [the School District's] actions interfere with or chill those rights as exercised by ... Megan and her family." Id. at 343. The Third Circuit construed this argument as concerning a parent's right to direct their child's education, and held that "the regulation in question — the requirements placed upon students who wish to participate in interscholastic basketball — does not impact the Angstadts' ability to educate their daughter in the manner they choose. At best, the regulation's impact on the Angstadts' right to rear Megan is attenuated." Id. at 344. The Angstadt Court further noted that "[t]here is no constitutionally 12 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 13 of 20 protected right to play sports. Thus the fact that the requirements regulate Megan's ability to play basketball is of no legal consequence." Plaintiff argues that Angstadt is not controlling here because her family, unlike the plaintiff in Angstadt, have a religious basis for wanting J.D.C. to play sports at Covenant Christian. Having already concluded that any religious burden caused by the Attendance Rule is minimal and does not run afoul of the constitution, the Court cannot find that Angstadt has no application here. See Bowen, 476 U.S. at 704 ("Decisions rejecting religiously based challenges have often recited the fact that a mere denial of a governmental benefit by a uniformly applicable statute does not constitute infringement of religious liberty."). What Plaintiff essentially argues is that the right to guide a child's education also includes the right to be free from any state restrictions as to when and where her child may play interscholastic sports. However, no court has declared that such a right exists, and such a finding would be directly contrary both to the Third Circuit's holding in Angstadt and to the settled law that there is no constitutionally protected right to play sports. See Angstadt, 377 F.3d at 344 n.2 ; Palmer v. Merluzzi, 868 F.2d 90, 96 (3d Cir. 1989) ("Participation in extracurricular activities is not a fundamental right.") Plaintiff relies heavily on Wisconsin v. Yoder, 406 U.S. 205 (1972), which merely serves to illustrate the difference between state action that more than incidentally affects a parent's right to direct her child's education, and the effect of the Attendance Rule. Yoder concerned a law requiring mandatory attendance at school until age sixteen. In sharp contrast, the Attendance Rule does not force Plaintiff to do anything. She is free to enroll J.D.C. full-time at Covenant Christian. She is free to continue home -schooling. But the Constitution does not provide a parent the right to demand that a home -schooled child has the unfettered right to play 13 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 14 of 20 interscholastic sports at a particular school without restriction. See, e.g., Dziewa v. Pa. Interscholastic Athletic Ass'n, Inc., No.. 08-5792, 2009 WL 113419, at *4 (E.D. Pa. Jan. 16, 2009) (finding that the PIAA did not violate any constitutional privacy rights in declaring a student ineligible to participate in interscholastic wrestling because the PIAA was not "preventing Plaintiffs from ... choosing a particular school for their child."). The Court is once again guided by the persuasive holding of the District Court of Maine in Pelletier, which rejected an identical argument to Plaintiff's in holding that "Maine's decision to open the public school athletic programs to home -schooled students without at the same time opening the private school programs does not create a burden on parental educational choice." Pelletier, 261 F. Supp. 2d at 14. Accordingly, the Court will apply rational basis to the Attendance Rule.' C. Rational basis review' Rational basis review is highly deferential, and merely requires that "the action be rationally related to a legitimate government objective." Tenafly Eruv Ass'n, Inc. v. Borough of Tenafly, 309 F.3d 144, 178 (3d Cir. 2002). "Under rational -basis review, the challenged classification must be upheld `if there is any reasonably conceivable state of facts that could provide a rational basis for the classification."' Donatelli v. Mitchell, 2 F.3d 508, 513 (3d Cir. 3 Defendants further move to dismiss Plaintiff's complaint to the extent it appears to allege that she has a protected liberty interest which is infringed by the Attendance Rule. (See Doc. No. 13 at 16-18, Doc. No. 1 ¶ 63.) Plaintiff did not respond to or challenge this aspect of Defendants' motion, and the Court assumes that she does not oppose dismissal of her liberty interest claim. Regardless, the Court agrees with Defendants that Plaintiff has not alleged an infringement upon any protected liberty interest. See, e.g., Dallam v. Cumberland Valley Sch. Dist. 391 F.Supp. 358 (M.D. Pa. 1975). 4 Because the Court will apply rational basis review to PIAA's interpretation of the Attendance Rule, the Court need not address Plaintiff's argument regarding strict scrutiny. 14 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 15 of 20 1993) (quoting FCC v. Beach Commc'ns, Inc., 508 U.S. 307, 313 (1993)). In determining whether a decision withstands rational basis review on a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), "every benefit of the doubt goes to [Plaintiff]" but the Court must grant great deference to [Defendant]." Brace v. Cnty. of Luzerne, 873 F. Supp. 2d 616, 630 (M.D. Pa. 2012) (quotations omitted) affd. 535 F. App'x 155 (3d Cir. 2013). See also Wroblewski v. City of Washburn, 965 F.2d 452, 460 (7th Cir. 1992) ("To survive a motion to dismiss for failure to state a claim, a plaintiff must allege facts sufficient to overcome the presumption of rationality that applies to government classification.") The Court finds the challenged rule easily passes rational basis review. See Dziewa, 2009 WL 113419, at *6 ("The PIAA states that its purpose for the transfer rule is to ensure that athletics remain subservient to academics. This is a facially legitimate reason, and therefore, the alleged classification created is constitutional.") The rational basis proffered by Defendants and challenged by Plaintiff is that the restrictions set forth by the Attendance Rule are necessary because freedom of choice would allow unfair concentration of athletes at a particular school through students "cherry picking" schools and athletic programs with which to get involved. (Doc. No. 13 at 11-12; Doc. No. 14 at 15.) Plaintiff's counter -argument — that the Rule undermines its purpose by "concentrating the same set of home -schooled students at one public school" is unpersuasive and unavailing. (See Doc. No. 14 at 15.) If the supposed basis for the law is preventing improper "freedom of choice," the attendance rule appropriately and expressly eliminates such choice by forcing students into the public school of their home districts, and is therefore rationally related to the express purpose. Plaintiffs proposal— that students be eligible at both the public and private 15 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 16 of 20 schools within the district — would invite the very problems the Rule addresses; that is, students choosing at which school to play sports, thereby allowing for certain schools to attain an unfair advantage. See United States v. Pollard, 326 F.3d 397, 408 (3d Cir. 2003) ("[U]nder rational basis review, Pollard not only must show that any justifications for the classification forwarded by the Government were not rational, but she also must convince the court that no set of facts rationally could justify the classification.") (emphasis added). Indeed, the district court in Pelletier already held that this justification for an identical rule clearly passed rational basis, and the Court finds its reasoning is sound.' Although Plaintiff criticizes the rule, it need not be narrowly tailored or impervious to criticism to withstand rational basis review. See Nichols v. Markell, No. 12-777, 2014 WL 1509780, at *29 (D. Del. Apr. 17, 2014) (internal citations and quotations omitted) (granting motion to dismiss and noting that "while different policy judgments are undoubtedly possible regarding the classification at issue, it is sufficient to find that there exists a reasonabl[y] conceivable state of facts that could provide a rational basis for the classification"). Rational basis review is highly deferential, and Plaintiff has not met her heavy burden, even on a motion to dismiss, to overcome the presumption of rationality afforded to the "Certainly there is a rational basis for the rule. Reasonable people might differ over whether the private affiliation prohibition is essential, or whether a more flexible rule might be written (based on the family residence's geographic proximity to public or private school, for example). But it is not irrational in the constitutional sense for the [Maine Principals' Association] to be concerned that freedom of choice for home -schooled athletes could lead to unfair concentration of athletes at a particular private school, and that a residence/public school affiliation is the easiest way to enforce recruitment prohibitions." Pelletier, 261 F. Supp. 2d at 14-15. 16 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 17 of 20 Attendance Rule.6 See Angstadt, 377 F.3d at 344 (noting that on a motion to dismiss under the rational basis standard, the plaintiffs had the burden of overcoming the presumption of rationality). Accordingly, Plaintiff's constitutional claims will be dismissed. Moreover, the Court will dismiss the claims arising out of 42 U.S.C. § 1983 and the United States Constitution with prejudice. "[T]he grant or denial of an opportunity to amend is within the discretion of the District Court." Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002). A Court need not grant leave to amend where amendment would be inequitable or futile. Id. Amendment is futile "if the amended complaint would not survive a motion to dismiss for failure to state a claim upon which relief could be granted." Alvin v. Suzuki, 227 F.3d 107, 121 (3d Cir. 2000). A district court may "properly deny leave to amend where the amendment would not withstand a motion to dismiss." Centifanti v. Nix, 865 F.2d 1422, 1431 (3d Cir. 1989). The Third Circuit has affirmed district courts' dismissal of constitutional claims with prejudice under Rule 12(b)(6) upon a finding that a rational basis has clearly been stated and not adequately challenged by the plaintiffs. See Angstadt, 377 F.2d at 345 (affirming district court's dismissal with prejudice of constitutional claims where Defendants "provide[d] a rational basis for the requirements for participation in extra -scholastic events by cyber -students as well as 6 "Under this minimal standard of review, a classification is accorded a strong presumption of validity and the government has no obligation to produce evidence to sustain its rationality. Indeed, such a classification can be upheld as constitutional even when it is based on rational speculation rather than on empirical data. Once a facially legitimate reason for the classification is found, whether such a reason was articulated by Congress or not, we must rule the classification constitutional. As always, when performing such review, our role is not to judge the wisdom or fairness of Congress's policy choices, but rather their constitutionality." Arca-Pineda v. Att'y Gen. of U.S., 527 F.3d 101, 105-06 (3d Cir. 2008). 17 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 18 of 20 physical -school students" and the complaint could therefore "not pass the rational -basis threshold"). Additionally, all facts pertinent to the constitutional analysis in this matter are not in dispute,' and the complaint does not fail for a lack of factual specificity. See Connelly v. Steel Valley Sch. Dist., 706 F.3d 209, 217 (3d Cir. 2013) (upholding district court's dismissal of an equal protection claim with prejudice where (1) the relevant facts were not in dispute and (2) "the claim didn't fail for lack of factual specificity"). Rather, the claims fail because the Attendance Rule satisfies the rational basis standard and no additional fact pleading will change the outcome. See Laudadio v. Se. Pa. Youth Lacrosse Ass'n, No. 08-1525, 2008 WL 1820942, at *4 (E.D. Pa. Apr. 23, 2008) (finding that granting leave to amend would be futile in part because "defendants have put forth a rational basis for the rule ... the complaint cannot defeat rational basis review"); Nichols, 2014 WL 1509780, at *29 (dismissing equal protection claim with prejudice where there was a rational basis for the classification, the relevant facts were not in dispute, and the claim did not fail for lack of specificity). Accordingly, the Court will dismiss the constitutional claims against all Defendants with prejudice. D. Supplemental jurisdiction A district court may decline to exercise supplemental jurisdiction over a claim if it "has dismissed all claims over which it has original jurisdiction." 28 U.S.C. § 1367(c)(3). In The Court observes that the parties dispute whether the PIAA correctly interpreted its bylaws. This claim — that the PIAA arbitrarily interpreted its bylaws to exclude J.D.C. from eligibility at Covenant Christian— is a state law claim governed by the standard set forth in Harrisburg School District v. Pennsylvania Interscholastic Athletic Association, 309 A.2d 353, 357 (Pa. 1973). However, this dispute has no relevance to the constitutional analysis, in which the question for the Court was not whether the PIAA properly interpreted its bylaws, but whether a rule providing that home -schooled children are eligible to play sports only at public schools within their district violates the protections provided by United States Constitution. The Court has found that it does not. 18 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 19 of 20 exercising its discretion to accept or decline supplemental jurisdiction, a court "should take into account generally accepted principles of judicial economy, convenience, and fairness to the litigants." Growth Horizons, Inc. v. Delaware Cnty., Pa., 983 F.2d 1277, 1284 (3d Cir. 1993). Courts have observed that "the rationale of section 1367(c)(3) is that once the crutch [of the federal question issue] is removed ... the [state law] issue should not remain for adjudication." Overall v. Univ. of Pa., 393 F. Supp. 2d 341, 342 (E.D. Pa. 2005) (internal citations and quotations omitted). Moreover, "in this category judicial discretion is a particularly important element." Id. Typically, when "all federal -law claims are eliminated before trial, the balance of factors to be considered under the pendant jurisdiction doctrine judicial economy, convenience, fairness, and comity—will point toward declining to exercise jurisdiction over the remaining state -law claims." Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988). If a district court decides not to exercise supplemental jurisdiction, it should dismiss the state law claims without prejudice. Kach v. Hose, 589 F.3d 626, 650 (3d Cir. 2009). This Court had original jurisdiction over the matter due to the federal questions presented by Plaintiff's claims arising under 42 U.S.C. § 1983 and the United States Constitution. However, as discussed, the Court will dismiss those claims because the PIAA's interpretation of the Attendance Rule does not violate the United States Constitution. Accordingly, this Court no longer has original jurisdiction because Plaintiff's remaining claims fall under state law.8 8 Regarding Plaintiff's additional claims, Plaintiff alleges that Defendants have improperly interpreted the Attendance Rule, and that they acted arbitrarily and capriciously (Doc. No. 1 ¶¶ 10, 56, 58, 59) in denying J.D.C. eligibility. Plaintiff also argues this Court has the authority to make a non-profit such as the PIAA enforce its bylaws under a contract theory – bylaws Plaintiff alleges the PIAA failed to properly interpret in ruling J.D.C. eligible. Contract actions arise under state law, as do challenges to the PIAA's decision-making process, which are governed by the standard set forth by the Pennsylvania Supreme Court in Harrisburg School 19 Case 1:14-cv-00192-YK Document 26 Filed 06/18/14 Page 20 of 20 Because at this early stage in the litigation the parties have not yet engaged in discovery, the Court finds that judicial economy dictates that the Court decline to exercise jurisdiction over the remaining state law claims. Elkadrawy v. Vanguard Grp., Inc., 584 F.3d 169, 174 (3d Cir. 2009) (affirming the district court's decision not to exercise supplemental jurisdiction because "once the District Court dismissed [plaintiffs] federal claims, leaving only the state claim, the prerequisites for § 1367(c)(3) were met"); Angstadt, 377 F.3d 338, 340-45 n.1, 3. The Court will therefore dismiss Plaintiff's state law claims without prejudice, so that Plaintiff may re -file in Pennsylvania state court. Kach v. Hose, 589 F.3d 626, 650 (3d Cir. 2009) (affirming refusal to exercise supplemental jurisdiction where "the District Court plainly recognized its discretion to retain jurisdiction over [plaintiff's] remaining state -law claims but, having dismissed all of her federal claims, declined to do so"). An order consistent with this memorandum follows. District v. Pennsylvania Interscholastic Athletic Association, 309 A.2d 353, 357 (Pa. 1973). Plaintiff additionally argues that the current version of the law violates the Pennsylvania School Code, but this is similarly not a federal question and does not give the Court original jurisdiction. See Angstadt, 377 F.3d at 340-45 n.1, 3 (affirming the District Court's refusal to exercise supplemental jurisdiction after granting a motion to dismiss the constitutional claims and noting that "whether [the athletic eligibility requirements] violate the Pennsylvania Public School Code is a matter for the state courts to resolve"). 20 Case 1:14-cv-00192-YK Document 27 Filed 06/18/14 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA SHONDA CHAPMAN, individually, and as the parent and natural guardian of J.D.C., a minor, Plaintiff No. 1:14-cv-00192 v. (Judge Kane) PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, JAMES T. ZACK, FRANCIS M. MAJIKES, JAMES B. MANNERS, ROBERT A. LOMBARDI, and RONALD KENNEDY, Defendants ORDER AND NOW, on this 18th day of June 2014, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss (Doc. No. 12) is GRANTED as follows: 1. Plaintiff's claims arising out of 28 U.S.C. § 1983 and the Fourteenth Amendment of the United States Constitution are DISMISSED WITH PREJUDICE; 2. Plaintiff's claims arising under state law are DISMISSED WITHOUT PREJUDICE to the re -fling of such claims in Pennsylvania state court; and 3. The Clerk of Court is directed to close the case. S/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania CERTIFICATE OF SERVICE I hereby certify that on this date, a true and correct copy of the foregoing document was served upon the following by e-mail and First Class Mail, postage pre- paid: Dated: August 8, 2014 David Joseph Chapman, Esq. Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff Alan R. Boynton, J Counsel for Defendant 9 SCHMIDT KRAMER PC BY: David Joseph Chapman, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 jchapman@schmidtkramer.corn •i F3TH (711it SEP 29 PI,112: CUMBERLAND CUUNTY PENNS YL Attorneys for elaintiff(s) SHONDA CHAPMAN, parent : IN THE COURT OF COMMON PLEAS and natural guardian of JDC, a minor, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 14-4155 CIV PENNSYLVANIA : CIVIL ACTION - EQUITY INTERSCHOLASTIC ATHLETIC ASSOCIATION • • • • Defendant : PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY: Please mark the above -captioned action discontinued and ended without prejudice. Respectfully submitted, SCHMIDT KRAME B Date: SePT. Z-6, 2,,o) id Josep I.D. No. 209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff(s)