Subchapter E - State Executive Committee

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Subchapter E (26-27)

Section 26: STATE EXECUTIVE COMMITTEE

(a) APPOINTMENT; COMPOSITION; QUORUM.

(1) Appointments. The Commissioner of the Texas Education Agency appoints the members of the State Executive Committee each April for annual terms beginning June 1. The committee shall be composed of eight current or former Texas public school administrators, with at least one from each UIL conference, and four at-large members. The selection of appointed members shall reflect a sensitivity to ethnicity, gender and student population size of districts. The committee shall elect a chair annually at the first meeting after June 30.

(2) Business Meeting Quorum. Four members of the State Executive Committee constitute a quorum for business meetings.

(3) Quorum for Panels. In cases involving sponsor violations, appeals, applications for Official Interpretations, cases involving misconduct at contests, or any other case the chair of the State Executive Committee deems appropriate, the State Executive Committee may sit in panels of three voting members and two of the three members constitute a quorum.

(4) Hearing Officer. In any case including, but not limited to original determination of eligibility past the district level or the appeal of the automatic penalty for ejection, the chair of the State Executive Committee may transfer the case to a UIL Hearing Officer.

(b) RESPONSIBILITIES.

The State Executive Committee shall provide independent and impartial direction of the UIL by:

(1) interpreting the Constitution and Contest Rules;
(2) enforcing the rules and regulations contained in the Constitution and Contest Rules;
(3) conducting any necessary recount of a referendum vote;
(4) determining disputes within its original jurisdiction; and
(5) hearing appeals within its appellate jurisdiction.

(c) JURISDICTION.

The State Executive Committee shall decide:

(1) a protest or report of violation arising between schools belonging to different conferences or districts;
(2) a protest or report of violation involving individual contestants in a competition beyond the district level;
(3) a case involving mistreatment of an official;
(4) an appeal from a decision of a District Executive Committee that a school is disqualified;
(5) an appeal from a decision of a District Executive Committee involving alleged discrimination;
(6) an appeal from a decision of a District Executive Committee concerning a student’s eligibility;
(7) an appeal from a decision of a District Executive Committee ordering a reprimand in the case of school district personnel violations;
(8) a case involving allegations of school district personnel violations that could result in an order of public reprimand or suspension;
(9) a request for permission to participate as outlined in section 33.081 e-2 through e-4 of the Texas Education Code.
(10) a case referred by a District Executive Committee due to a conflict of interest or as otherwise provided in these rules; and
(11) upon proper request, considering and issuing opinions interpreting UIL rules.

This subchapter shall not be interpreted to limit the power of the State Executive Committee in making investigations and initiating proceedings against any member school when sufficient justification exists.

(d) AD HOC COMMITTEES.

The chair of the State Executive Committee may appoint ad hoc committees and their chairs.

(1) Appointment Terms. The members shall serve on ad hoc committees until the chair withdraws the appointment or until either the purpose or duration of the committee has been achieved or has expired, whichever comes first.

(2) Conduct of Committee Business. The chair of an ad hoc committee shall direct the work of the committee pursuant to the UIL Constitution and Contest Rules and the procedural rules of the State Executive Committee.

(3) Responsibilities. The responsibilities of the standing or ad hoc committees shall generally be as follows:

(A) to study information and issues relevant to the body within the subject matter area of the committee;
(B) to inform the body of its findings;
(C) to prepare and present written motions or written resolutions concerning the issues to the body; and
(D) to handle those issues assigned by the body from time to time.

(e) PROCEDURAL RULES.

The State Executive Committee may adopt rules of procedure, not inconsistent with the UIL Constitution and Contest Rules, upon the recommendation of the chair to facilitate the:

(1) executive and administrative processes during business meetings; and
(2) judicial processes during evidentiary hearings and open meetings.

(f) PARLIAMENTARIAN.

The chair of the State Executive Committee may appoint a parliamentarian during business meetings and public hearings.

(g) PRECEDENT MANUAL.

(1) The State Executive Committee shall adopt rules concerning the creation and maintenance of a precedent manual which shall contain decisions of the State Executive Committee that have sufficient precedential value to warrant publication. Opinions in the precedent manual will be composed of a synopsis of the facts of the case along with the panel’s decision and a brief explanation of the basis for the decision. UIL staff may assist in the drafting and preparation of the opinions directed by the committee.

(2) Before being published in the precedent manual, a draft of the written opinion must be reviewed and approved by a majority of the members of the hearing panel that heard the case. The precedent manual shall serve to provide guidance to State Executive Committee hearing panels when considering similar cases.

(3) The State Executive Committee’s precedent manual shall be published on the University Interscholastic League’s website.

Section 27: PENALTIES THE STATE EXECUTIVE COMMITTEE CAN IMPOSE

Subject to the provisions of all subsections below, the following constitute the penalties that may be imposed by the State Executive Committee following a determination of a violation of the UIL Constitution and Contest Rules. School district personnel covered by this section include athletic trainers employed by the district and all UIL contest sponsors. (Refer to Sections 50, 51 and 52 for classification of violations).

(a) FOR STUDENT REPRESENTATIVES.

The penalties that may be imposed by the State Executive Committee on a student representative of a member school for violation of ethics, sportsmanship codes, eligibility rules, contest plans or reporting practices are: public reprimand and individual suspension.

(1) Public Reprimand. A public reprimand shall be in writing and shall state the violation found. A public reprimand may include a probationary period of up to three (3) years, and may include any reasonable conditions, which, if not fulfilled, may result in a more stringent penalty.

(2) Individual Suspension. If the State Executive Committee finds that a student has failed to comply with the rules it may suspend the student from competition, including practices, in all germane activities for one (1) day to three (3) years. Suspension may include a probationary period of up to three (3) years, and may include any reasonable conditions, which, if not fulfilled, may result in additional suspension. In regard to a student who intentionally, knowingly, or recklessly causes bodily injury to a person serving as referee, judge, or other official of an extracurricular activity, see section 33.081 e-1 of the Texas Education Code.

(b) STUDENT PENALTY GUIDELINES.

Student violations of UIL rules generally fall into two categories, Category A and Category B. (Refer to Section 50). These guidelines are intended to provide a hearing panel of the State Executive Committee with general guidance only and are not intended as a substitute for a careful review of each case and, based upon the facts of each case, the exercise of appropriate discretion by the hearing panel when determining a penalty to impose on student. In addition to any particular sanction or penalty stated in a specific rule, students found to have violated UIL rules are subject to the imposition of penalties consistent with the following guidelines.

(1) Category A Violations. Category A Violation for students are:

(A) violation of eligibility rules;

(B) falsifying records or reports or withholding information;

(C) failing to comply with rules prohibiting interactions with officials, judges or referees (verbal or physical abuse), or fighting with opponents;

(D) failing to comply with applicable state laws regarding extra curricular activities; or

(E) failing to comply with amateur rules.

(2) Minimum Penalty

In addition to any specifically required sanction or penalty for violation of a particular rule as set out in the Constitution and Contest Rules and absent any grounds for enhancement, the minimum penalty for a Category A violation is a public reprimand. A public reprimand shall be in writing and shall state the violation found.

(3) Enhanced Penalty Factors

(A) Repeat Offense - In cases where a Category A violation is found and the student has previously been found in violation of the same rule, the penalty may be enhanced. An enhanced penalty for repeat violators of a Category A violation may include a probationary period of up to three (3) years and may also include the imposition of reasonable conditions which must be fulfilled. An enhanced penalty for such violators may also include a period of suspension from competition, including practices, in all germane activities for a period of one (1) day to three (3) years.

(B) Prior Conditions/Probation - In cases where a Category A violation is found and the student has failed to comply with previously imposed conditions due to a prior violation of UIL Rules or has committed a Category A violation during a previously imposed probationary period, the penalty for a Category A violation may be enhanced. An enhanced penalty for such violators may include a requirement that the prior conditions be satisfied as well as any new reasonable conditions imposed and/or the imposition of a probationary period of up to three (3) years and may also include a period of suspension from competition, including practices, in all germane activities for a period of one (1) day to three (3) years.

(C) Intent/Harm - In cases where a Category A violation is found to be deliberate and to have provided a competitive advantage to the student violator or the violation cased physical harm to a person or property, the penalty for a Category A violation may be enhanced. An enhanced penalty for such violators may include reasonable conditions and/or the imposition of a probation period of up to three (3) years and may also include a period of suspension from competition, including practices, in all germane activities for a period of one (1) day to three (3) years. In regard to a student who intentionally, knowingly, or recklessly causes bodily injury to a person serving as referee, judge, or other official of an extracurricular activity, see section 33.081 e-1 of the Texas Education Code.

(D) Other Factors - In cases where a Category A violation is found and two (2) or more enhancement factors are present or there are other circumstances found that in the opinion of the State Executive Committee Hearing Panel warrant increased sanctions, the penalty may be enhanced. An enhanced penalty for such violators may include reasonable conditions and/or the imposition of a probation period for up to three (3) years and may also include a period of suspension from competition, including practices, in all germane activities for a period of one (1) day to three (3) years.

(4) Category B Violations. Category B violation for students are:

(A) failing to comply with rules and guidelines contained in contest plans and written instructions in manuals and handbooks provided for contests;

(B) self-recruiting or recruiting others; or

(C) failing to report known violations in a timely manner.

(5) Minimum Penalty. In addition to any specifically required sanction or penalty for violation of a particular rule as set out in the Constitution and Contest Rules and absent any grounds for enhancement, the minimum penalty for a Category B violation is a public reprimand. A public reprimand shall be in writing and shall state the violation found.

(6) Enhanced Penalty Factors.

(A) Repeat Offense - In cases where a Category B violation is found and the student has previously been found in violation of the same rule, the penalty may be enhanced. An enhanced penalty for repeat violators of a Category B violation may include a probationary period of up to three (3) years and may also include the imposition of reasonable conditions which must be fulfilled.

(B) Prior Conditions/Probation - In cases where a Category B violation is found and the student has failed to comply with previously imposed conditions due to a prior violation of UIL rules or has committed a Category B violation during a previously imposed probationary period, the penalty for a Category B violation may be enhanced. An enhanced penalty for such violators may include a requirement that the prior conditions be satisfied as well as any reasonable conditions and/or the imposition of a probationary period of up the three (3) years.

(C) Intent/Harm - In cases where a Category B violation is found to be deliberate and to have provided a competitive advantage to the student in question or the violation cased physical harm to a person or property, the penalty for a Category B violation may be enhanced. An enhanced penalty for such violators may include reasonable conditions and/or the imposition of a probation period of up the three (3) years.

(D) Other Factors - In cases where a Category B violation is found and two (2) or more enhancement factors are present or there are other circumstances found that in the opinion of the State Executive Committee Hearing Panel warrant increased sanctions, the penalty may be enhanced. An enhanced penalty for such violators may include reasonable conditions and/or the imposition of a probation period of up to three (3) years.

(c) FOR MEMBER SCHOOLS.

The penalties that may be imposed by the State Executive Committee on a member school for violations of the Constitution or violations by member school student representatives, patrons, personnel or fans of ethics or sportsmanship codes, eligibility rules, contest plans or reporting practices are: reprimand; public reprimand; forfeiture of contest; disqualification from germane activity; and suspension.

(1) Reprimand. A reprimand may be oral or in writing and shall not be published in the Leaguer. A penalty stronger than reprimand to the school should be strongly considered in cases involving patron or fan misconduct.

(2) Public Reprimand. A public reprimand shall be in writing, published in the Leaguer, and state the violation found. A public reprimand may include a probationary period of up to three (3) years, and may include any reasonable conditions, which, if not fulfilled, may result in a more stringent penalty.

(3) Forfeiture of Contest. The State Executive Committee may order contests to be forfeited prior to or after the competition for violations of rules by covered school district personnel and/or participants if an unfair advantage was gained. The State Executive Committee shall forfeit the contests(s) won by the individual or school, as a minimum penalty, if it finds that an individual contestant was not eligible to participate in the contest. Exception: When a student who has participated in contests that count on UIL standing is found to be ineligible, and the school has properly verified eligibility based on the facts available, has exercised sufficient diligence in determining actual conditions and facts, and the District Executive Committee has previously ruled the student eligible, the State Executive Committee may find the student in question ineligible from the date of the hearing, and thus not require the member school to forfeit contests.

(4) Disqualification.

(A) Disqualification from District Honors. Disqualification from district honors shall deny the awarding of district championship honors and deny participation in UIL contests beyond the district level for a period of up to three (3) years. Disqualification from district honors may include a probationary period of up to three (3) years, and may include any reasonable conditions, which, if not fulfilled, may result in an extension of the disqualification or a more stringent penalty.

(B) Mandatory Disqualification. The State Executive Committee shall disqualify a member school or member from all germane activities if the member school or school district has failed materially and knowingly to comply with the Constitution and Contest Rules, or if the member school or school district has knowingly and intentionally permitted an ineligible individual to represent it in a UIL contest, or if the member school or school district has competed against or participated in a tournament with a non-school team composed of one or more UIL member high school students with remaining eligibility in that sport, in violation of Section 1208. In addition, a more stringent penalty may be assessed.

(C) Disqualified Team Does Not Have to Be Replaced. The State Executive Committee has the option not to replace a team that is disqualified from the playoffs at or near the certification date for district representatives.

(5) Suspension.

(A) Terms of Suspension. Suspension shall deny participation in specified UIL activities for a period of one (1) day to three (3) years. Suspension may include a probationary period of one (1) day to three (3) years, and may include any reasonable conditions, which, if not fulfilled, may result in additional suspension.

(B) Effect of Decision. A suspended school may not play or scrimmage a UIL member school at the varsity or sub-varsity level in grades nine through twelve in the activity from which it was suspended. A contract for a germane competition by the suspended school with a member school district or one of its member schools shall be null and void.

(C) Mandatory Suspension for Failure to Reimburse Legal Fees. The State Executive Committee shall suspend from participation in all UIL activities a member school district and/or member school which, after receiving written notice, fails to reimburse the UIL within ninety days for all legal expenses incurred in defending a frivolous lawsuit.

(d) PARTICIPANT AND UIL MEMBER SCHOOLS PENALTY GUIDELINES.

Participant and UIL Member Schools Penalty Guidelines

(e) FOR SCHOOL DISTRICT PERSONNEL.

The penalties that may be imposed by the State Executive Committee on school district personnel found to have caused violations of ethics, sportsmanship codes, eligibility rules, contest plans or reporting practices are: reprimand, public reprimand or suspension from participation in UIL activities.

(1) Covered Personnel. School district personnel covered by this section include athletic trainers employed by the district and all UIL contest sponsors.

(2) Reprimand. Following a protest or report of violation the State Executive Committee may issue a reprimand to a covered school district employee if it finds the employee violated the UIL Constitution and Contest Rules.

(3) Public Reprimand. The State Executive Committee may issue an order of public reprimand to a covered school district employee it finds to have caused violations of ethics, sportsmanship codes, eligibility rules, contest plans or reporting practices. A public reprimand may include a probationary period of one to three (3) years, and may include any reasonable conditions, which, if not fulfilled, may result in a subsequent order of suspension.

(4) Suspension. The State Executive Committee may issue an order of suspension to a covered school district employee suspending the employee from participating in any germane contest plan for a period of one (1) day to three (3) years. Suspension shall include refraining from coaching at least one (1) contest. It may include suspension from other activities, such as attending the germane contest, scouting, practicing with the athlete(s), or any other reasonable condition the State Executive Committee chooses to impose.

(5) Penalty Criteria. In determining penalties to be imposed under this section, the State Executive Committee shall give due consideration to the intentions of the employee at the time of the violation as well as at the time of the hearing; the severity of the violations; the benefits gained and the detriments incurred, both to the contestants involved and to the UIL as a whole; the penalties imposed under similar circumstances; and the relative seriousness with which the UIL members consider the violations.

(6) Decision. The State Executive Committee’s decision to impose a penalty shall be purposeful, reasonable, based upon facts made evident at the hearing, and made after due deliberation; and, therefore, shall not be valid if beyond its jurisdiction, if arbitrary, if not based upon the evidence, or if capricious.

(7) Previous Suspension. The State Executive Committee shall forfeit any contest won by an individual or school if it finds a school district employee previously suspended participated on behalf of the individual or school in the contest plan while prohibited from doing so under order of the State Executive Committee, or by Section 1208.

(8) Classification of Violations. Violations in Category A and B and any deliberate violation of rules otherwise classified are more serious than those in the other categories.

(f) SCHOOL DISTRICT PERSONNEL PENALTY GUIDELINES.

School District Personnel Penalty Guidelines

(g) FOR UIL CONTEST DISTRICTS.

(1) If the State Executive Committee decides that a District Executive Committee or a music region executive committee interpreted and applied the Constitution and/or Contest Rules knowing that the interpretation or application was material and erroneous, the State Executive Committee may disqualify the district or the music region in the germane activity.

(2) The State Executive Committee has the option not to replace a competitive group that is disqualified from the playoff structure at or near the certification date for district representatives.