CIF Denial of Sports Eligibility: Which Denials Are Appealable?

By Michelle Ball, California Education Attorney for Students since 1995

CIF, the California Interscholastic Federation, which governs all high school sports in California, is often mystical, and its rules are completely confusing. When a student is denied the right to play sports for some reason, the immediate instinct is to file an appeal to CIF higher ups. But only limited issues are appealable with CIF per CIF Bylaws.

What IS Appealable to CIF?

Here are the matters that may be appealable to CIF:

1. Conflict with a coach
2. Following a coach
3. Pre-enrollment contact
4. Club coach at new school
5. Relocated coach
6. Athletically motivated
7. Age requirement
8. Charge of semester of attendance
9. Passing 20 semester credits
10. Former coach

What is Not Appealable to CIF?

Here are the matters that may not be appealable to CIF:

1. Sit out period
   • Per CIF bylaws: "Q: My son was denied the Sit Out Period. May we appeal this ruling? A: No."
2. Hardship, all bases
   • Court ordered transfers
   • Children of divorced parents
   • Individual student safety incidents
   • Discontinued program
   • Foster and homeless children
   • Military service
   • Married status
   • Board of education ruling.
   • Per CIF bylaws: "All eligibility determinations made [under this hardship section] are final as all of these hardship circumstances are factual in nature and can be documents."

Unclear Appeal Rights to CIF?

There are also areas where it is not clear in CIF bylaws whether a matter may be appealable, such as:

1. Discipline transfer
2. Mistake in documents submitted to CIF
3. Scholastic eligibility
4. Bad faith
5. Student starts living with one parent (after initial residential eligibility was established with two parents) but there is no court order or formal custody agreement formalizing this
6. Other areas not defined in CIF policy

Importance of Ensuring Schools Understand Transfer Bases

This confusing situation emphasizes the strong need for parents to ENSURE that they assist the new school in understanding the reason for the transfer and provide any formal documents supporting the transfer. They also need to assist the new school to submit the transfer paperwork to CIF and ensure it is carefully done. The seemingly simple transfer form needs to have all evidence to support the bases for the transfer e.g. being based on hardship, as there won't be a CIF appeal if the paperwork fails to be provided.

Parents also need to ensure the prior school is aware of any reason a student may be transferring that may meet CIF "hardship" or other categories, so that school can also report the situation correctly when contacted by CIF.

Most parents are completely unaware of the impact a terrible filing will have on the student, until it is too late. Parents need to be fully aware of these issues prior to enrolling in the new school so they can handle this with the student's new coach or athletic director properly.

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook, LinkedIn

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - CIF Denial of Sports Eligibility: Which Denials Are Appealable?

Filing A UC or CSU Discipline Appeal Within The College: Bases For Appeal

By Michelle Ball, California Education Attorney for Students since 1995

College punishment can come swiftly and harshly, ending with a suspension or even an expulsion for minor activities.  Even in the University of California (UC) and California State University (CSU) college systems, the discipline can be unfair and result in an unjust outcome.  As such, a prompt internal (within the college itself) discipline appeal may be warranted, IF the college provides an appeal process.

Regardless, in all cases, it is extremely critical that the student prepare well for and try to get the best outcome at their first discipline hearing, so they can potentially avoid an appeal.  

If an appeal must be pursued, it will all depend on the exact college policy.

In the UC and CSU college systems, overseen by the UC Board of Regents and the California State University system, respectively, one would think that discipline policies would be uniform in all colleges under one body, such as all UCs or all CSUs.  Not exactly.

The UC system has a statewide policy, called PACAOS (Policies Applying to Campus Activities Organizations and Students) confirming there must be a campus discipline appeal process in place on college campuses, but what that process must include, is not defined.  As such, bases for an internal appeal are set campus to campus and can vary greatly.

For CSU, the state group has Executive Order 1098 (EO 1098) which covers student discipline statewide, but which does not discuss a clear internal appeal right.  Each CSU campus and their policies have to be consulted to determine what rights exist.

CSUS (California State University Sacramento), policy, for example, mentions that:

The student shall have the right of due process and appeal in matters of student discipline...

But, the appeal rights and bases are not delineated.  CSUS also has an internal grievance process which allows students to appeal if  they feel their rights were violated.

UC policies offer an internal appeal, but can vary on the bases, so it may be easiest to look at a few for comparison.  

At University of California, Davis (UCD), the policy regarding the bases for filing a legitimate appeal with UCD state as follows:

A student... [may] file a written appeal of the decision, on one or more of the following grounds: 

1. there is no substantial basis in fact to support the findings;
2. the sanction is inconsistent with the findings;
3. there was unfairness in the proceedings;
4. or there is newly discovered important evidence that was not available at the time of the hearing. 

... An appeal may be denied, granted in whole or part, or other relief may be directed where appropriate. 

The great thing about this policy, is that there are 4 potential areas for a UCD discipline appeal, including unfairness in the proceedings, a punishment that was way too harsh, and otherwise.  Students may be able to overturn or reduce punishments lodging such an appeal.  Nothing is mentioned in the UCD policies about increasing the punishment if a student appeals.

With UCLA, there is a different, much more restrictive policy for UCLA internal appeals:

If the Dean imposes a sanction of Deferred Suspension, Deferred Dismissal, Suspension, or Dismissal, the Student may appeal the sanction, to the Vice Chancellor of Student Affairs, on the grounds that the sanction assigned is substantially disproportionate to the severity of the violation.

The UCLA policy limits students to appealing only for disproportionate punishment.  It also includes this little gem, that the Vice Chancellor who receives the student's appeal:

...may impose any one or more [additional] sanctions, even though such decision may result in the imposition of more severe disciplinary action.

This means that the appeal is not only a chance for justice and reduced punishment, but also for a harsher punishment.  This is disturbing and likely stops many students from lodging an appeal.

UC Berkeley (UCB) has a different appeal policy:

An appeal must be based on newly discovered evidence that was not available at the time of the hearing, significant procedural error, or upon other evidence or arguments which, for good cause, should be considered.

This is a much broader appeal right as it covers "other evidence and arguments" without restriction.  This could mean a wide swath of appeal arguments may be considered.  UCB has a provision that the discipline can not only be lessened or reversed, but that the matter can also be sent back for a rehearing.

The UC campuses also vary largely in timelines for internal appeals and some windows are VERY short.  Students need to pay close attention and act fast.

Which public 4 year college a student attends in California will determine if there may be an internal appeal right and/or the bases which the college will consider when a student tries to overturn a wrongful college suspension or expulsion.  Students should check the policies and get their appeals timely submitted with proper documents and evidence supporting all potential appeal bases.  If a student fails to file an internal appeal per the policies, their discipline may become final.  As such, knowing the policies of the school a student is attending is key.  

Ultimately, however, remember this: solving the matter at the first discipline hearing will avoid any internal or other appeals altogether and as such, preparing that matter well, with proper evidence, witnesses and documents proving the student is innocent, can be the most important thing to do.  

Best,

 

Michelle Ball

Education Law Attorney 

 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website, Blog, Twitter, Youtube, Facebook

 

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting.  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - Filing A UC or CSU Discipline Appeal Within The College: Bases For Appeal

How To Appeal A California School Suspension When Your Child Did Not Do It

By Michelle Ball, California Education Attorney for Students since 1995

The phone rings- and it's your kid's school.  First thoughts: "Oh no, is something wrong?  Is my child hurt?"  When you answer, you hear:  "Come to the school as Johnny has done wrong and has to go home."  He was suspended.  The facts of why are abbreviated and you are seriously confused.  The drive to school is strained and when you arrive, you immediately believe what the school administrator says Johnny did is true as he is a "respectable school official."  [mistake number one]  Meanwhile Johnny sits with his head down in the corner, silent [silence here may actually be positive].  You sign the suspension form [mistake number two] and take Johnny home and maybe punish him.  Eventually you review the suspension form and find that it says Johnny did something that he did NOT DO, or find he was NOT involved in the matter alleged.  Horror sets in as you realize Johnny's college chances are now potentially lessened and he is labelled a troublemaker.  What can you do?  APPEAL!

There is no code section mandating a suspension appeal in California.  For this reason, parents who call the school or show up asking to "appeal" a suspension are met with statements such as "You can't appeal," or "There is no appeal process."  Yet, we all know that even when there is no "formal" appeal, there is always a way to try to get something overturned if you talk to the right people.

In some school districts, there are actual suspension appeal policies and even a form sometimes to complete, but this is not the norm.  If there is a policy and form, these should be completed fully and WRITTEN evidence attached proving all points.  If there is no form (most likely situation), that does not mean parents are out of luck.  In that case, parents can still file a suspension appeal whether authorized or not.  This would be done by submitting written arguments with written proof to the Principal, and then moving up the line to the Superintendent's office personnel and to the Superintendent if possible.  

Pursuing a suspension appeal could involve the following steps :

1)  Obtain the relevant Education Codes/Board policies (usually found online) that are cited in the suspension form as being breached and read them to see how they apply or don't apply.  Review other education codes relevant to suspension (such as Education Codes §§ 48900-48929) to understand how these things work generally.

2)  Obtain a copy of any/all evidence the school has, such as witness statements, and your own child's statements.  Sometimes schools don't turn these over to parents and legal intervention may be needed to clarify that these documents ARE student records and need to be coughed up.  Unfortunately, California Education Code (Ed §49069) allows them 5 business days to provide them, but you can plead for these sooner due to the situation.

3)  Develop written documentation on the matter proving your arguments.  This can be in the form of sworn declarations of the student or their friends who witnessed the situation (you would need to contact those students directly).  Even email from a teacher on the matter can be evidence.

4) Draft a very well written, truthful, professional document with an outline of the facts from your viewpoint, the laws/policies that apply, and with actual arguments why these don't or should not apply to your child.  State what you want- the student to be returned to school and the matter to be rescinded and/or expunged.  Note: it is inadvisable in the document to include personal attacks or name calling.  

5)  Some Districts actually allow a student to return to school while a suspension appeal is pending and this also could be explored if available (this is not the norm).

Everything should be in writing and submitted to the relevant school officials, asking for a prompt meeting.  It is usually a good idea to provide the letter in advance of the meeting so the personnel can review it and understand the issues before you arrive.

If this fails, you can pursue other alternatives to attempt to correct the record, such as inserting your statement about the matter into the student's records or pursuing a formal records correction request.

Who knows, if you try, maybe your child's suspension will be reversed.  The truth is that administrators assume kids are guilty just because someone says they are, and parents must challenge them when they are wrong.  It will take a lot of intensive work to do it....  but little Johnny and his future are worth it!

Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - How To Appeal A California School Suspension When Your Child Did Not Do It

Appealing A Bad OCR Decision On Alleged School Discrimination

By Michelle Ball, California Education Attorney for Students since 1995

Have you filed a complaint alleging discrimination or improper retaliation with the United States Department of Education (USDOE) and their Office for Civil Rights (OCR) and received a negative ruling?  Did they say the clear wrongful acts (to you) were not really bad or not really discriminatory?  If so, you may have an appeal right if you act fast.

Per the USDOE website, within 60 days of the date of the letter issued by OCR, an appeal must be filed with the "Director of the Enforcement Office (Office Director)."  

The bases for appeal listed are:

AT LEAST ONE OF THE FOLLOWING

1)  Factual information was incomplete, and/or

2)  Factual analysis was not correct, and/or

3)  Wrong legal standard was applied 

AND

a)  The outcome would be changed due to #1-3 above.

The appeal must be filed timely, and if it isn't, the parent/student/claimant, must show a good reason the appeal was filed late, which is defined as:

"1.  the complainant was unable to submit the appeal within the 60-day timeframe because of illness or other incapacitating circumstances and the appeal was filed within 30 days after the period of illness or incapacitation ended; or
2  unique circumstances generated by agency action have adversely affected the complainant." (per USDOE/OCR)

The decision will be forwarded to the parent/student/claimant in writing after review.

So, if you are piping mad about an OCR ruling against you or your child, appeal of that decision may be an option, but must be pursued timely and with adequate proof.

Best,

Michelle Ball

Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 

717 K Street, Suite 228 

Sacramento, CA 95814 

Phone: 916-444-9064 

Email:help@edlaw4students.com 

Fax: 916-444-1209

Website: http://www.edlaw4students.com/

Blog: http://edlaw4students.blogspot.com/

Twitter: http://twitter.com/michelleaball

Youtube: http://www.youtube.com/user/EdLaw4Students

Facebook: https://www.facebook.com/pages/Law-Office-of-Michelle-Ball/191273330901857

[please like my office on Facebook, subscribe via twitter and email, and check out my videos on Youtube!]

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Appealing A Bad OCR Decision On Alleged School Discrimination