Murray State University Athletics
Appeal Hearing Procedure
Murray State University
Department of Athletics
Student Athlete Appeals
Review and Hearing Procedures
1. The University shall have a Student Athlete Appeal Hearing Procedure as required by the
NCAA Division I Manual (13.1.1.3.1; 15.3.2.4). These appeal procedures shall be followed
for: student athlete appeals regarding reduction, cancellation, or non-renewal of athletics
based financial aid; or decisions regarding the denial of permission to contact or one time
2. Prior to a full hearing by the Student Athlete Appeal Hearing Body, there will be an informal
and independent review of the appeal by the Chair of the Hearing Body and the committee
representative from Student Affairs. Only written documents submitted by the student-athlete
and the Department of Athletics will be considered.
a. For Financial Aid Appeals: If the Chair and representative from Student Affairs
both believe the appeal is seeking an exemption to the items established in the
NCAA Manual 15.3 related to granting, reduction, cancellation or non-renewal
the appeal and request for a hearing may be denied.
b. Denial of the appeal and a hearing will be sent in writing to the student-athlete. If
the Chair and representative from Student Affairs differ in their informal review
of the documentation submitted, or both believe the matter should be heard before
the full hearing body, the appeal will be heard before the full Student Athlete
Appeals Hearing Body.
c. For Transfer Appeals: An informal review will not be conducted for appeals
regarding transfer regulations, unless the student athlete is solely appealing OVC
Bylaw 11.2.1 and transfer between conference institutions. In which case, an
informal review of written documents will be conducted to determine if a full
hearing is necessary.
3. For a full hearing there shall be five (5) voting members of the Student Athlete Appeal
Hearing Body: the Faculty Athletic Representative, a representative of the Office of Student
Affairs, a representative of the Registrar’s Office, a non-athlete Student Representative and
a Hearing Body Chair. The Director of the Student Financial Aid Office (for Financial Aid
Appeals Only) and Athletic Department Compliance Officer are Ex-Officio advisors and do
not vote. Voting members will be required to submit a notarized affidavit of impartiality.
4. Opposing sides may each have one (1) Spokesperson present with them throughout the entire
Hearing. If desired, the Spokesperson may present the entire case. If one party chooses to
have an attorney present, then both parties will have the option to have an attorney present.
Each party must inform the Hearing Body Chair five (5) business days prior to the hearing of
any intent to have an attorney present. At the appropriate time during the hearing, each side
may call witnesses to help present their case. Otherwise, the Hearing will be closed to the
5. A student-athlete who fails to appear after proper written notice, fails to provide a written
“Summary of Matters to be Presented” to the Chair within ten (10) working days after
contact is made by the Chair, or fails to notify the Chair of the intent to bring an attorney will
be deemed to have waived his/her right to a hearing. If the student-athlete does not appear at
the appointed date, time, and location as notified, the case will not be heard, and the appeal
Actions Before the Hearing
1. The student-athlete will be given fifteen (15) working days from the date of the non-renewal,
reduction or denial of transfer letter in which to notify the Director of Athletics of intent to
appeal the decision. The expiration of this fifteen (15) working day period will conclude
the student-athlete’s right to appeal. Following notification by the student-athlete to the
Director of Athletics that an appeal is desired, the Director of Athletics will have three (3)
working days to notify the Hearing Body Chair that a Hearing is desired. The Hearing Body
Chair will then have (3) working days in which to make contact with the student athlete
and begin the informal review. The informal review will include review of the student-
athlete’s “Summary of Matters to be Presented” and any supporting documentation along
with the “Summary of Matters to be Presented” and any supporting documentation from the
Department of Athletics. If the review determines a hearing is necessary and the appealing
student would like to continue, a hearing will be scheduled as soon as possible for all parties
2. When contacted by the Hearing Body Chair related to the informal hearing, the student-
athlete and the Department of Athletics representative will be asked to prepare a written
“Summary of Matters to be Presented.” The purpose of the summary is to enable the Hearing
Body to understand the general nature of the appeal, evidence to be presented, and to
ensure there is a statement of both parties’ positions for the record. The summary must be
typed (double-spaced, size 12 font) and should be no more than five (5) pages in length.
The summary must be received by the Hearing Body Chair within ten (10) working days
after contact is made by the Chair. Neither the informal review nor the full hearing will be
conducted unless the summary is received from the student-athlete.
The summary MUST be in memorandum format described below:
Subject: Student Athlete Appeal, Summary of Matters to be Presented
Date: (date signed by the student-athlete)
To: Chair of the Hearing Body, Murray State Address
From: (Name, Current Mailing Address, Phone Numbers, E-mail Address.)
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1. Nature of Appeal: Describe in detail why: the student athlete’s athletically related
financial aid was reduced, cancelled or non-renewed; or the student athlete’s request
for permission to contact or transfer was denied. The student athlete should describe
in detail why he/she should continue to receive this athletically related financial aid or
be granted the transfer exception. The department of athletics representative should
describe in detail why the student athlete’s aid should remain reduced, cancelled or
non-renewed; or why the transfer request was denied.
2. Summary of Evidence to Be Presented:
a. Summary statement: A concise summary of testimony to be presented.
b. Documents or other physical evidence: In general terms, describe any documents
or other physical evidence that will be presented. (Each party is responsible for
providing any documents or physical evidence that will support their position at
the Hearing).
c. Witnesses: Provide the names of any witnesses to be called. For each witness,
a statement of relevance to the case is required. (Each party is responsible for
arranging their own witnesses to be present at the Hearing).
1. As an administrative hearing, formal rules of evidence will not be observed. However,
the principle of fundamental fairness will be observed. The burden of proof rests with the
student-athlete, who must prove his/her allegations by a preponderance of the evidence.
2. A decision will be made by simple majority vote of the five voting members of the Hearing
Body. The deliberations of the voting members will be in private and their individual vote
will not be recorded. The results of the decision will be made known to all parties at the
conclusion of the Hearing, and in writing by the Chair to the student-athlete by certified letter
within five (5) working days from the date of the Hearing. Copies of the written summary
of the proceedings and a letter stating the outcome of the proceedings will also be sent to the
Financial Aid Office (Financial Aid Appeal Only) and Department of Athletics. The decision
of this Hearing will be final and there may be no appeal beyond the decision of the Hearing
3. A brief written summary of the proceedings will be prepared by the Chair. Testimony and the
proceedings will be recorded, but not transcribed. All notes and documents presented will be
included with the summary. The summary will be maintained for a period of three (3) years.
4. If either party presents documents to the Hearing Body as evidence, a copy must be provided
to each of the five (5) members of the Hearing Body and the opposing party, for a total of six
(6) copies. Documents over 5 pages in length can be shared by the five (5) members of the
Hearing Body. Original documents will not be kept for file. All documents must be legible
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Hearing Operating Principles
Hearing Chair is required to be objective with all parties and to maintain order during the
proceeding. To this end, the Chair will insist on the following:
1. All parties will be courteous to each other. When someone is speaking, there will be no
interruptions. Everyone will have an opportunity to present evidence and be heard. There will
be no attempts at intimidation or bullying. By University practice, the Chair is empowered
to retain the prerogative to indicate that a line of testimony is not pertinent to the case. If the
Chair feels that the testimony is “wandering” from the central issue of the case, the Chair will
direct that all focus on the primary issues at hand.
2. There will be no interruptions for telephone calls or messages for other matters during the
Hearing. Cell phones are specifically prohibited for use in this room. If these devices are
present, they shall be silenced. No one will be excused to take or make a call unless it is an
3. All persons to remain calm, rational, and mature throughout these proceedings. The Chair
will not tolerate angry outbursts, profanity, disruptive mannerisms, disorderly behavior,
or conduct contrary to good order. If necessary, the proceedings will be halted until such
4. The proceedings, the information disclosed, the testimony presented, and the decisions
reached are to be private and confidential. All parties involved in the proceeding are required
to be discrete. Participants are authorized to discuss these matters in an official capacity only.
Participants are specifically prohibited from divulging what transpired here with anyone that
does not have an official need to know.
5. The result of the decision will be made known to all parties at the conclusion of the Hearing
and in writing by the Chair within five (5) working days from the date of the Hearing. The
decision of this Hearing Body will be final and there may be no appeal beyond the decision
6. Once adjourned, there will be no contact between any of the Voting Members or anyone
else involved regarding the Hearing. There will be no other discussion on the matter once a
7. The hearing will not extend beyond the day it is scheduled. Five (5) minute breaks on the
hour will be provided, if necessary or requested.
8. These proceedings will be recorded so a file of the proceedings can be maintained. There will
be two recorders used to ensure accuracy and avoid any technical difficulties.
All speakers are requested to speak slowly, clearly and toward the microphone. Do not indicate
your answer by a nod or shake of the head. The Chair is authorized to interrupt the proceedings
at any time if answers are not clear, audible, and distinguishable. The Chair is also authorized
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to halt the proceedings if recording devices need to be adjusted. Either party may obtain a copy
of the recording by providing a written request and sufficient compact disks (CDs) to the Chair
within three (3) working days after the Hearing.
1. Matters to Be Heard. The Chair will give the Hearing Body the student-athlete’s and the
Department of Athletics Representative’s previously prepared “Summary of Matters to be
Presented” for review. The members of the Hearing Body will read the document without
interruption, comment, or question.
2. Statement of Decision to Be Made. The Hearing Body Chair will state the purpose of the
a. Financial Aid Appeals: The purpose of a student athlete appeal regarding financial
b. Transfer Denial Appeals: The purpose of a student athlete appeal regarding the
aid is to determine “Was the manner in which the athletic aid was reduced, canceled,
or non-renewed, conducted in an administratively proper manner under the NCAA
Division I Bylaws”?
denial of a transfer request is to determine “Was the manner in which the request for
one time transfer was denied conducted in an administratively proper manner under
NCAA and OVC Bylaws”?
3. Presentation of Case by the Student-Athlete. The student athlete shall present a detailed
description of the facts and circumstances relating to the appeal. The student-athlete may
give an oral statement, present written documents or provide other physical evidence.
Questions or interruptions will not be allowed during this phase. There will be a 30 minute
time limit during this phase.
4. Presentation of Case by the Department of Athletics Representative. The Department of
Athletics Representative shall present a detailed description of the facts and circumstances
relating to the appeal. The Department of Athletics Representative shall present all
applicable NCAA and OVC Bylaws, and all Department of Athletics policies pertaining to
the appeal matter. The Department of Athletics Representative may give an oral statement,
present written documents or provide other physical evidence. Questions or interruptions will
not be allowed during this phase. There will be a 30 minute limit during this phase.
5. Witnesses for the Student-Athlete: Following Steps 5 and 6, witnesses may be called and will
be required to make a declaration of impartiality which will be administered by the Hearing
Body Chair. For the record, witnesses will be asked to state their full name and relationship
to the student-athlete or relevance to the Hearing. The student-athlete is responsible for
scheduling his/her own witnesses and ensuring they are present and outside the Hearing
Room. Witnesses will be present only during their own testimony. Witnesses can be recalled
if necessary during the questioning period. There will be a 30 minute time limit during this
a. Questions to Witness by Student-Athlete
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b. Questions to Witness by Department of Athletics Representative
c. Questions to Witness by the Ex-Officio (Non-Voting) Members
d. Questions to Witness by Hearing Body Members
6. Witnesses for the Department of Athletics Representative: Witnesses may be called and
will be required to make a declaration of impartiality which will be administered by the
Hearing Body Chair. For the record, witnesses will be asked to state their full name and
relationship to the student-athlete or relevance to the Hearing. The Department of Athletics
Representative is responsible for scheduling his/her own witnesses and ensuring they are
present and outside the Hearing Room. Witnesses will be present only during their own
testimony. Witnesses can be recalled if necessary during the questioning period. There will
be a 30 minute time limit during this phase.
a. Questions to Witness by Department of Athletics Representative
b. Questions to Witness by Student-Athlete
c. Questions to Witness by the Ex-Officio (Non-Voting) Members
d. Questions to Witness by Hearing Body Members
7. Questions by the Student-Athlete. The student athlete shall have the option to ask questions
of the individuals present in the room. There is no time limit during this phase.
8. Questions by the Department of Athletics Representative. The Department of Athletics
Representative shall have the option to ask questions of the individuals present in the room.
There is no time limit during this phase.
9. Questions by the Ex-Officio (Non-Voting) Members. The Ex-Officio Members shall have the
option to ask questions of individuals present in the room. Witnesses may be recalled. There
is no time limit during this phase.
10. Questions by the Voting Members of the Hearing Body. The Members of the Hearing Body
shall have the option to ask any questions. Any person in the room may be questioned.
Witnesses may be recalled. There is no time limit during this phase.
11.Closing Statement by the Student-Athlete. The student athlete shall be provided two (2)
minutes to present a closing statement. Questions or interruptions will not be allowed during
12.Closing Statement by the Department of Athletics Representative. The Department of
Athletics Representative shall be provided two (2) minutes to present a closing statement.
Questions or interruptions will not be allowed during this phase.
13. Deliberation by Members of the Hearing Body. All non-voting parties will be excused. There
is no time limit during this phase.
14.Announcement of Decision. All parties involved in the Hearing, except Witnesses, may be
present for the announcement of the decision by the Hearing Body Chair.
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Hearing Voting Procedure
1. Following dismissal of all other parties of the hearing, the five (5) voting members will take
a preliminary “Straw” Vote without discussion. The Chair shall ask for a preliminary “straw”
vote by the simultaneous show of hands. The request for vote will be voiced as:
“All in favor of granting the appeal signify at this time by raising your hand.”
“All in favor of NOT granting the appeal signify at this time by raising your hand.”
The Chair will record the total count and not the individual votes.
2. Following the preliminary “straw” vote, the floor will be opened for each member to discuss
the case as they desire. No pressure or coercion will be placed on voting members to modify
their vote. When all discussion is finished, the Chair will ask if anyone desires to change
their vote. If no voting member indicates that they want to change their preliminary vote,
then the preliminary vote will be considered as the final decision. If any voting member
indicates that they do desire to change their vote, all five (5) voting members will vote again
using the process in Paragraph 2 above.
3. The voting proceedings will not be recorded or divulged to anyone without an official need
to know. The Hearing Summary will show the results of the vote (i.e., Upheld 4/1; Not
Actions After the Hearing
1. The Hearing Body decision will be announced to all parties at the conclusion of the
proceedings and in writing by the Chair within five (5) working days from the date of the
2. At the conclusion of the Hearing, the members of the Hearing Body and ex-officio members
will give the Chair all of their notes and documents.
3. A written summary of the proceedings will be prepared by the Hearing Body Chair within
five (5) working days. All notes and documents presented, along with the written summary
of the Hearing and the letter to the student-athlete will be included in the Hearing file. The
Hearing file will be maintained for a period of three (3) years.
4. Recordings of the proceedings will not be transcribed. Either side may obtain a copy of the
recording by providing a written request and sufficient compact disks (CDs) to the Chair
within five (5) working days after the Hearing.
5. A copy of the summary and the letter of decision will be provided to the student-athlete (via
certified mail), the Department of Athletics, the Financial Aid Office (for Financial Aid
Appeals) and all members of the Hearing Body.
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