Appeal Procedures

Transfer-Related Hearing Procedures

If a student-athlete is denied access to any of the services listed in the Notre Dame Athletics Transfer-Related Policies or if a student-athlete is eligible for a one-time transfer exception and the student-athlete’s request for a one-time transfer exception is denied by the Director of Athletics, the student-athlete is informed, in writing, that he or she, upon written request to the FAR, has an opportunity for a hearing. The written request for a hearing must be received by the FAR within ten (10) business days of the University’s written denial of the student-athlete’s request.

A hearing is conducted no later than twelve (12) business days after the FAR receives the written request for a hearing. The FAR appoints three non-ex officio members of the Faculty Board on Athletics as voting members of the hearing panel. The FAR designates one of these three voting members of the hearing panel as its chair. The chair of the hearing panel schedules the hearing. The sole non-voting member of the hearing panel is the Assistant or Associate Director of Athletics responsible for NCAA compliance, who serves as a resource concerning NCAA, conference, and Department of Athletics rules and regulations for the voting members of the hearing panel.

The student-athlete and representative(s) of the Department of Athletics provide to the chair of the hearing panel every document or other exhibit to be used at the hearing, and the names of any witnesses they intend to call, no later than three (3) business days prior to the hearing. The chair of the hearing panel promptly distributes to the other party copies of all materials submitted by each party. The hearing panel may refuse to hear the testimony of any witnesses not so disclosed or to consider any exhibits not so disclosed.

After all the evidence and testimony are presented, the panel deliberates in closed session. Its deliberations are and remain confidential unless disclosure is required by law. The panel’s role is to decide whether or not NCAA, conference, and University rules and regulations regarding the decision under appeal have been applied to the student-athlete’s case in a reasonable and fair manner. The hearing panel may accept, reject or modify the decision of the Department of Athletics. It puts forward a single vote regarding the appeal, positive or negative. Within two (2) business days after the hearing concludes, the chair of the hearing panel transmits a written copy of its decision to the student-athlete and the Department of Athletics. The decision of the hearing panel is final and non-appealable.

When necessary to complete the appeal within the prescribed time limits, the FAR may, in consultation with the Assistant or Associate Director of Athletics responsible for NCAA compliance, adjust the procedures set forth above as necessary (and only as necessary) to complete the hearing without prejudice to the parties and in conformity with NCAA rules. The FAR shall report any such adjustment to the Faculty Board on Athletics.

Nothing in these policies and procedures prohibits or prevents the student-athlete and the Department of Athletics from resolving their dispute by mutual agreement at any time. If such an agreement is reached, the student-athlete or the Department of Athletics promptly so notifies the hearing panel, in writing, and the pending review is dismissed.

Athletics-Related Financial-Aid Hearing Procedures

Introduction

Notre Dame has traditionally respected and honored the impressive service and commitment of the student-athlete to the good of the broader university community. Consequently, Notre Dame has sought to protect the security and well-being of its student-athletes, including in matters pertaining to athletics-related financial aid. A student-athlete’s athletic ability, performance, or contribution to the team; injury, illness, or physical or mental condition; or any other athletics reason is not an appropriate ground for the reduction, cancellation, or non-renewal of athletics-related financial aid.

Reduction, Cancellation, and Non-Renewal of Athletics Aid

An NCAA Division I institution may offer a student-athlete either a one-year or a multi-year athletics grant-in-aid agreement. At Notre Dame, it is within the coach’s discretion to elect which form of agreement to offer a student-athlete. The bases for reduction, cancellation, or non-renewal of athletics-related financial aid are limited, and differ slightly depending on whether the student-athlete has a one-year grant-in-aid agreement or a multi-year grant-in-aid agreement. The bases for reduction, cancellation, and non-renewal are specified in the grant-in-aid agreements. Any expansion of the grounds for reduction, cancellation, or non-renewal of athletics-related financial aid in the grant-in-aid agreements is subject to review by the Faculty Athletics Representative (FAR) and, at his or her discretion, by the Faculty Board on Athletics.

The administration of the Department of Athletics has treated seriously those rare cases in which reductions, cancellations, or non-renewals of athletics-related financial aid have been proposed; such cases involve student-welfare issues that warrant careful deliberation, complete fairness, and appreciation of the decision’s crucial effects on the student-athlete’s ability and desire to remain and flourish at Notre Dame.

Right to a Hearing and Hearing Procedures

A student-athlete whose athletics-related financial aid is reduced, cancelled, or not renewed is informed in writing by the Director of Financial Aid that he or she, upon written request to the Faculty Athletics Representative (FAR), has an opportunity for a hearing. The written request for a hearing must be received by the FAR within fifteen (15) days of the University’s written notification of the reduction, cancellation, or non-renewal of the student-athlete’s athletics-related financial aid. Upon request for an appeals hearing, the FAR shall notify the student-athlete of his or her right to an Appeal Advisor.

On occasion, a student-athlete who does not have an athletics grant-in-aid agreement credibly alleges that he or she failed to receive athletics aid promised by a coach or other member of the Department of Athletics. Such a student-athlete is also entitled to a hearing under this Policy. A student-athlete who alleges that he/she failed to receive athletics aid promised by a coach or other member of the Department of Athletics must submit a written request for a hearing to the FAR within fifteen (15) days of becoming aware that he/she is not receiving the allegedly promised athletics aid. The FAR may accept an appeal request outside of the fifteen-day window if fairness to the student-athlete so requires. The FAR shall promptly determine whether the student-athlete’s allegation is credible and, if so, shall notify the student-athlete of his or her opportunity for a hearing and right to an Appeal Advisor.

If the student-athlete notifies the FAR that he or she would like to utilize an Appeal Advisor, the FAR will choose one from a standing pool of potential Appeal Advisors. The pool will consist of the current student representative on the Faculty Board on Athletics and past members of the Faculty Board on Athletics. The Appeal Advisor must contact the student-athlete within five (5) days of being assigned.

A hearing is conducted no later than thirty (30) days after the FAR receives the written request for a hearing. The FAR appoints two non-ex officio faculty members of the Faculty Board on Athletics and a graduate student as voting members of the hearing panel. An Associate Vice President for Student Affairs or his/her designee also serves as a voting member of the hearing panel. The Director of Financial Aid or his/her designee serves both as a voting member and as the chair of the hearing panel. The hearing panel shall have access to the Assistant or Associate Director of Athletics responsible for NCAA compliance, as a technical resource concerning NCAA, conference, and Department of Athletics rules and regulations for the voting members of the hearing panel, but this individual does not attend the hearing and is not a member of the hearing panel.

No later than seven (7) days prior to the hearing, the student-athlete and representative(s) of the Department of Athletics must provide to the chair of the hearing panel every document or other exhibit they plan to use at the hearing, and the names of any witnesses they intend to call and a description of the relevancy of such witnesses to the hearing. The hearing panel may refuse to hear the testimony of any witnesses not so disclosed or to consider any exhibits not so disclosed. The chair of the hearing panel promptly distributes to the other party copies of all materials submitted by each party.

At the hearing, the student-athlete appealing the decision and representative(s) of the Department of Athletics are given an opportunity to argue for or against the decision under appeal. The hearing is informal. No rules of evidence apply. Neither the student-athlete nor the representative(s) of the Department of Athletics may proceed through legal counsel at the hearing. They may, however, seek the advice of legal counsel or be represented by legal counsel outside the hearing. At the hearing, both parties are afforded a reasonable opportunity to present pertinent documentary evidence and to outline the relevance of planned witness testimony (live or written). The hearing panel may question any and all witnesses, examine documentary evidence, and summon other witnesses as it deems appropriate. The student-athlete may choose to be present for and respond to any and all witness or party testimony. If requested by the student-athlete, the Appeal Advisor may attend the hearing. The Appeal Advisor is generally available only as a resource for the student-athlete and not as a participant in questioning or testimony; in his/her discretion and at the student-athlete’s request, the Chair may allow the Appeal Advisor to participate to clarify or supplement the student-athlete’s presentation. Members of the Department of Athletics who were responsible for the decision under appeal may choose to appear together. Otherwise, no witness or party is present during the testimony of any other witness or party, and the hearings are open only to the hearing panel and to the parties or witnesses while they testify.

After the presentation of all the evidence and testimony, the members of the hearing panel deliberate in closed session. The hearing panel’s deliberations remain confidential unless disclosure is required by law. The hearing panel decides whether the decision under appeal was reasonable and fair, and therefore not arbitrary. The hearing panel may accept, reject, or modify the decision of the Department of Athletics. It puts forward a single vote, positive or negative, regarding the appeal.

Within ten (10) days after the hearing, the chair of the hearing panel transmits a written copy of its decision to the student-athlete and to the Department of Athletics. The decision of the hearing panel is final and may not be appealed. In a case in which the FAR and the chair of the hearing panel determine that fairness requires expediting an appeal, the FAR, the chair of the hearing panel, and the Assistant or Associate Director of Athletics responsible for NCAA compliance may agree to adjust the procedures set forth above as necessary (and only as necessary) to complete the hearing without prejudice to the parties and in conformity with NCAA rules.

Nothing in these policies and procedures prohibits or prevents the student-athlete and the Department of Athletics from resolving their dispute by mutual agreement at any time. If such an agreement is reached, the student-athlete or the Department of Athletics promptly notifies the hearing panel, in writing, and the pending review is dismissed.

A student-athlete who unsuccessfully appeals the reduction, cancellation, or non-renewal of athletics-related financial aid is encouraged to contact the Office of Financial Aid for assistance. The Office of Financial Aid shall use standards applicable to all students in determining the student-athlete’s eligibility for federal, institutional, or other financial aid.