Program Minimums & Restitution, Petition Items on Annual Meeting Docket
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Tuesday, April 14, 2015

Program Minimums & Restitution, Petition Items on Annual Meeting Docket

There are 10 amendments to the Constitution, Bylaws and Rules of Eligibility for the membership to consider and vote on at the 2015 Wisconsin Interscholastic Athletic Association Annual Meeting Wednesday, April 22 at the Holiday Inn Convention Center in Stevens Point. 

Five of the amendments address language in the membership’s Constitution. Three of those proposals are not associated with the highly anticipated divisional placement proceedings.

The first proposed amendment would require a member school to maintain at least one stand-alone program in a sport throughout a school’s existing membership in the WIAA. 

To become a member of the WIAA, a school must sponsor at least one program. In addition, a school must submit the membership application with minutes of the school’s governing board action authorizing the application for membership, a board-approved extracurricular code of conduct, the school’s Department of Public Instruction identification number, and the various other requirements outlined on the membership application.

However once a school has met the initial membership requirements, under the current language, it can enter into a cooperative team arrangement after one year and no longer sponsor one stand-alone sport. The WIAA committees contend it is imperative for a member school to have it’s administration possess a fundamental understanding of the WIAA Constitution, Bylaws and Rules of Eligibility. By maintaining a stand-alone program and not deferring responsibility to other schools sponsoring co-op programs, each member needs to remain informed and engaged in the rules and regulations of the Association.

The Sports Advisory Committee, Advisory Council and the Board of Control each unanimously approved advancing the proposal to the membership for a vote and were unanimous in their support of passing the amended language.  

Another Constitutional item to be addressed by the membership is found in the Penalties section of the Powers and Duties of the Board of Control. The proposal was advanced at the request of a member school made on the floor of the 2014 Annual Meeting.

This proposed amendment receives no support from the Advisory Council or the Board of Control, but it was the conclusion of the committees that the item be advanced to the membership for reaffirmation of support for–or the elimination of–the existing language in Article VI of the Constitution that addresses the powers and duties of the Board of Control.

The proposed amendment would remove the restitution language that provides the Board of Control the means to seek reparations for actual expenses incurred in any investigation or fees associated with legal action taken against the Association by a member school that resulted from a membership rule violation. 

Lawsuits to challenge the membership’s rules is contrary to the pledge each member ascribes to on the membership form, stating the school “agrees to abide by decisions and respect interpretations of the Board of Control of this Association.” Provisions are already in place for member schools seeking relief for decisions made by the executive staff. The Board of Control has authority to review all appeals of decisions made by the executive staff and grant relief in emergency situations or if they meet the criteria of extenuating circumstances.  In addition, the membership may propose rule changes to the season regulations or the Constitution, Bylaws or Rules of Eligibility through the conventional process on an annual basis.

The Board considers restitution an appropriate, potential penalty if the situation and circumstances warrants the action. The restitution language has existed in the Constitution since it was voted in by the membership in 1924 and has since been reaffirmed by the Wisconsin Athletic Directors Associaition. It may also be appropriate to note that there hasn’t been any known application of the restitution penalty on a member school.

The third proposed amendment would add language to the Amendments Article in the Constitution that would designate the first Friday in January as the deadline for any amendments to be brought forward to the membership by petition for vote at the ensuing Annual Meeting.

The new language allows more time for the membership to provide adequate committee review prior to the Annual Meeting. It will also afford sufficient time for membership discussion and to interpret the meaning, intent and effect of an amendment brought via petition.

Amendments may originate by written petition when signed by administrators from at least 10 percent of the senior high membership. However, the only timeline currently defined in the Constitution requires the executive office to distribute the wording of the amendment to the membership within 30 days of receiving the petition proposal.

Therefore, the current language allows an amendment to be submitted–using this year as an example–as late as March 23 for a vote at the Annual Meeting on April 22. Petitions submitted 30 days out from the Annual Meeting allows no committee review and extremely limited opportunities for the membership to analyze the proposal’s meaning, intent and effect.

The Sports Advisory Committee, Advisory Council and Board of Control are all unanimously in support of adopting the new deadline for petitions. Members retain the ability to petition, but if adopted, the change would afford more time to research and assess the impact of the proposal.

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